Update #20 Guidance on Academic Continuity

August 26, 2020

The following is from EVC Cruz:

Hope all is well.  Please find the twentieth installment of our University’s Academic Continuity memo which will be uploaded to our University’s COVID-19 portal soon. [DS note: the complete installment has been uploaded to https://www.cuny.edu/coronavirus/academic-continuity/guidance-on-academic-continuity-to-campuses/ ]

A summary of new and updated sections is presented below.

1. Shared Governance and HR Issues: Fellowship Leaves; Annual Leave Carryover, CLT Tenure Clock & Lecturer CCE Clock.
2. Clinical Placements: Guidance for Field and Clinical Placement Agreements; Guidance for Education Programs
3. Distance Learning Platforms, Tools & Resources: Zoom University Licenses; Remote Proctoring Solutions
4. Student Success, Equity & Inclusion: Short Course for Students on how to Learn Online.

For your convenience, I have pulled out the updated sections and reproduced them below my signature block.

As always, please do not hesitate to contact me with any questions, comments, concerns and/or recommendations.

All the best,

JL

—

José Luis Cruz, Ph.D.

Executive Vice Chancellor and University Provost

The City University of New York

NEW Fellowship Leaves: On August 18, 2020, Senior Vice Chancellor for Labor Relations, Pamela S. Silverblatt, communicated the following to CUNY campuses:

In recognition of the impact of the COVID-19 pandemic upon faculty members who are scheduled to be on Fellowship Leave during either or both semesters of the 2020-2021 academic year, I write to share guidance on Fellowship Leaves pursuant to an agreement we have reached with the Professional Staff Congress.

Fellowship Leaves

1. Faculty members who are scheduled to be on Fellowship Leave during either or both semesters of the 2020-2021 academic year but who no longer wish to take their Leave as scheduled, owing the COVID-19 pandemic, may exercise the option to defer or decline their Fellowship Leave as specified below:

2. Faculty members who are scheduled to be on Fellowship Leave during the Fall 2020 semester may request that their Fellowship Leave be deferred and be taken in the Spring 2021 semester or Fall 2021 semester, without having to reapply. Department Chairs shall try to accommodate such requests. The faculty member and Department Chair shall jointly recommend a new effective date for commencement of the Fellowship Leave to the President. As part of such a recommendation, the Department Chair shall confirm that the work of the department can be so arranged as to be carried forward effectively during the proposed period of the leave. The President shall review the proposed effective date and make a final determination. Requests for deferral of Fall 2020 Fellowship Leaves must be received by the Department Chair by Friday, August 21, 2020.

3. Faculty members may decline Fellowship Leaves that were approved for either the Fall 2020 semester or the Spring 2021 semester or both and shall be permitted to reapply for a Fellowship Leave to commence at a later date. The declination will not be considered to break service for the purpose of counting years of eligibility for a fellowship leave. Declination of the leave must be received by the Department Chair by Friday, August 21 for Fall 2020 semester leaves and by October 15 for Spring 2021 semester leaves.

The parties agree that nothing in this agreement is intended to alter the provisions of Article 25.3, except as specifically set forth in this agreement.

NEW Annual Leave Carryover, CLT Tenure Clock and Lecturer CCE Clock : On August 18, 2020, Senior Vice Chancellor for Labor Relations, Pamela S. Silverblatt, communicated the following to CUNY campuses:

In recognition of the impact upon members of the instructional staff with the transition to remote work and distance learning during the Spring 2020 semester, I write to share guidance on annual leave carryover for the annual leave year ending 8/31/20, as well as the College Laboratory Technician Series Tenure Clock and Lecturer CCE Clock pursuant to agreements we have reached with the Professional Staff Congress and as approved at a meeting of the Executive Committee of the Board of Trustees on August 12, 2020.

Annual Leave Carryover

For the annual leave year ending 8/31/20, the August 31 deadline to use annual leave, pursuant to Article 14.9 of the collective bargaining agreement, will be extended to 12/31/20, as follows:

4. Annual leave above the contractual cap (normally 45 days) as of the close of business 8/31/20 may be carried into the annual leave year that begins 9/1/20.
5. The annual leave balance in excess of forty-five (45) working days or in excess of the personal accrual maximum as of August 31, 1987, will be deducted from the employee’s accrual balance on December 31, 2020.
6. The provisions of Article 14.9 (b) concerning compensation for an annual leave balance if the employee is separated from service will remain in effect, except that, for the annual leave year ending on 8/31/20 only, the annual leave payment due to the employee upon separation, or to his/her estate, shall be the lesser of: (1) the leave balance to the employee’s credit on the date of resignation, retirement or death; or (2) the contractual cap, (45 days or the personal accrual maximum as of August 31, 1987).
7. The parties agree that nothing in this agreement is intended to alter the provisions of Article 14.9 (b), except as specifically set forth in this agreement.
8. The provisions of Article 14.7 concerning unscheduled holidays remain in effect, and unscheduled holidays from the annual leave year ending 8/31/20 will not be carried over.

College Laboratory Technician Series Tenure Clock and Lecturer CCE Clock

In recognition of the impact of the transition to distance learning in the Spring 2020 semester upon candidates for tenure effective September 1, 2021, in the College Laboratory Technician series and Lecturers who are candidates for reappointment with a Certificate of Continuous Employment (CCE), effective with the beginning of the 2021-2022 academic year, the parties have agreed to the following procedures:

9. College Laboratory Technicians, Senior College Laboratory Technicians and Chief College Laboratory Technicians who are candidates for tenure effective September 1, 2021, may receive a one-year extension in their tenure review, if they so desire. It is understood that if such a College Laboratory Technician, Senior College Laboratory Technician or Chief College Laboratory Technician is reappointed for the 2021-2022 academic year, the reappointment will be without tenure and will be deemed the 4th reappointment (e., fifth consecutive year of service) toward tenure. Such a member of the CLT series must request a tenure clock extension by emailing their college provost by September 15, 2020. The written record of the request shall be placed in the employee’s personnel file. By September 30, 2020, each college provost shall send the CUNY Office of Labor Relations (CUNY OLR) a list of all CLT series employees who elected the one-year extension. CUNY OLR shall forward that list to the PSC by October 15, 2020.

Members of the CLT series on the tenure track for consideration in later years who wish to seek a one-year extension based on the circumstances of the spring 2020 semester must apply to their college provost by February 1 of the spring semester preceding their fall tenure review. These requests will be considered on a case-by-case basis, in accordance with past college and university practices.

1. Lecturers who are candidates for a Certificate of Continuous Employment (CCE) effective upon their reappointment for the 2021-2022 academic year may receive a one-year extension in their CCE review, if they so desire. It is understood that if such a faculty member is reappointed for the 2021-2022 academic year, the reappointment will be without a CCE and will be deemed the 4th reappointment (e., fifth consecutive year of service) toward CCE. Such a Lecturer must request a CCE clock extension by emailing their college provost by September 15, 2020. The written record of the request shall be placed in the employee’s personnel file. By September 30, 2020, each college provost shall send the CUNY OLR a list of all faculty who elected the one-year extension. CUNY OLR shall forward the list to the PSC by October 15, 2020.

Lecturers on the CCE track for consideration in later years who wish to seek a one-year extension based upon the circumstances of the spring 2020 semester must apply to their college provost by February 1 of the spring semester preceding their fall CCE review. Their requests will be considered on a case-by-case basis, in accordance with past college and University practices.

UPDATE Guidance for Field and Clinical Placement Agreements: Working in collaboration with the CUNY Office of General Counsel, we recommend the following guidance for any students who are participating in field or clinical placements in Fall 2020 that are facilitated, funded, or directly arranged by campus staff. This language is consistent with the assumption of risk/waiver that is part of the Domestic Travel Policy. The language below could be included, or modified for inclusion, into field or clinical placement documents that campuses use with their students:

“In signing this Agreement, I acknowledge that I understand that my participation in an in-person field or clinical placement will involve risks and hazards not found in remote study at the College, which is the current mode of instruction required by the COVID-19 pandemic and the executive orders and directives of New York State. In ordinary times, these risks can range from a) minor injuries and illness such as bruises, and strains, to b) major injuries and illness such as broken limbs, loss of sight, neck or back injuries, heart attacks, and concussions, to c) catastrophic injuries, including paralysis and death, and also include risks of damage to or theft of personal property, and risks involved in traveling to and within, and returning from, internship sites ​or clinical placements. I understand that COVID-19 presents unique health risks, especially to those with underlying conditions, and that there may be other risks not known or reasonably foreseeable. I have sought and obtained information and advice that I feel are necessary and appropriate. I VOLUNTARILY ACCEPT AND ASSUME ALL OF THE RISKS IN PARTICIPATING IN THE field or clinical placement and my participation in the assigned placement described below is voluntary.”

UPDATE Guidance for Education Programs: Education students who will participate in clinical placements for fieldwork or student teaching required by their academic program should do so in accordance with the specifics outlined in their Campus Reopening Plan. As such, placements may be in-person, remote, virtual, or a mix of these. For in-person and remote placements, CUNY supports clinical experiences under the following conditions: 1. the principal invites/approves the candidate’s participation; 2. cooperating teachers can provide adequate supervision to students; and 3. faculty are willing and able to support student placements, as required. This policy, and its conditions, pertains to social workers, therapists, counselors and other students with required school-based placements.  The health and safety of our students and faculty remain a top priority for any placement.  NY State Education Department continues to issue specific guidance for Educator Preparation Programs pertaining to clinical experiences and certification exams (including the edTPA). Education Deans and Chairs are receiving communication and resources from University Dean for Education Ashleigh Thompson via email and postings on http://www.cuny.edu/teachered. Please contact Ashleigh Thompson with any questions and updates.

UPDATE Zoom University Licenses: The University has secured an enterprise license for the use of Zoom.  The CUNY implementation of Zoom for Education includes the following:

1. Unlimited meeting duration for all meeting sizes
2. Up to 300 meeting participants and 49 video feeds
3. Meeting features include screen sharing, polling, whiteboard, annotation, recording meetings, and chat

Please consult with your college’s CIO about how to access your account and please read the Zoom Security Protocol for CUNY security protocols and practices to ensure that your online Zoom meeting is secure and avoids unknown attendees.  For more information on how to use Zoom please visit Zoom FAQs in the newly launched CUNY IT Help site.  You may also find this video training on the ZOOM site helpful: https://support.zoom.us/hc/en-us/articles/206175806-Top-Questions.  Regarding Zoom University Licenses: Until further notice, there is no change in how Baruch users will access Zoom. 

If you need assistance please email service.desk@cuny.edu for support.

UPDATE Remote Proctoring Solutions: Towards the end of the Spring 2020 term, the University established a system-wide taskforce, including members from our Committee on Academic Technology, Council of Academic Affairs, University Faculty Senate, and Council of Chief Information Officers, to provide forward-looking recommendations on remote proctoring solutions for Fall 2020.

The taskforce presented its recommendations on June 29,^, 2020, stating that, whenever possible, alternative methods of assessment such as papers, presentations, annotations, or e-portfolios should be the default method. But also recognizing that there are several courses across the University, including in specialized and licensure programs, that rely on traditional testing approaches and need an online proctoring solution.  To serve these courses, the taskforce identified some commercial tools that the University has since been pursuing for possible procurement and implementation.

The University is making good progress in contractual negotiations with both Respondus and Proctortrack and are very optimistic that we will have at least one, if not both, of these solutions enabled and accessible for use by faculty and students on or before midterm season (late September – mid October). In the case of Respondus, we are planning for a University-wide deployment via Blackboard, while in the case of Proctortrack we are working to secure a significant number of licenses that would be allocated to campuses as needed.  More information will be forthcoming.  In the meantime, thank you for your patience — the data privacy, student liability, indemnification provisions, hardware compatibility, and cost considerations in question are quite complex and we are working as purposefully and thoughtfully as possible, fully understanding the sense of urgency involved.

NEW Short Course for Students on how to Learn Online: Are You Ready?, a Blackboard-based course to help students prepare for online learning, has now been deployed by CIS to most colleges. The short course, which was developed by Hostos and being used by a number of community and senior colleges, has been organized so that all term-activated students with an EMPL ID may access it, though it’s likely to be particularly useful to first-time freshmen who have the least familiarity with Blackboard. Colleges designated a point person to coordinate local implementation, including communications, compliance, and tech support (expected to be minimal). For additional information, please contact University Assistant Dean Kara Heffernan (kara.heffernan@cuny.edu).