Nassau Community College consolidation plan lawsuit dismissed

A lawsuit seeking to block the consolidation of academic departments at Nassau Community College has been dismissed, according to court records.

The suit, filed last June by the college's teachers union and individual faculty members, had challenged the decision to eliminate 15 academic department chairpersons, arguing the action violated state education regulations and would impact the quality of education offered. The suit also named Nassau County as a defendant.

But Nassau Supreme Court Judge Anna Grimaldi wrote in a nine-page decision: "There was a basis in fact for the reorganization and the hierarchical organization that resulted therefrom." She added, "The petitioners have failed to demonstrate anything done in violation of lawful procedure."

Jerry Kornbluth, the college's vice president for community and governmental relations, said, "We were not surprised by the decision because we followed the letter of the law. We felt confident that the court would see it that way.”

David Stern, vice president of the Nassau Community College Federation of Teachers, said the union did not agree with the decision. He said they are assessing their options and argued the consolidation, which went into effect Aug. 1, has had a negative impact on the college's academics.

"Many of the programs are in disarray and are really hurting the student experience at the college,” he said.

Enrollment, fiscal issues cited

College officials had proposed the consolidation, which reduced the number of academic departments from 21 to six, to address declining enrollment and a multimillion-dollar deficit, Newsday previously reported.

The college enrolled more than 11,300 full- and part-time students this semester, according to figures provided by Kornbluth. While it’s a 3% increase from last year’s spring semester, the total enrollment is down by about half from a decade ago.

The plan called for each of the new six departments to have a chair, an assistant chair and a chair's liaison, Kornbluth said. Stipends varied for department chairs from about $4,800 to $39,000, officials previously said.

Kornbluth said the plan did not call for layoffs of tenured staff.

The suit had sought to reinstate all eliminated department chairs. Union officials have said the plan prioritized "hiring pricey administrators over maintaining chairs to run the departments effectively” and members expressed concerns about fewer class offerings for students and insufficient full-time faculty.

But Kornbluth said, "Any time you roll something out for the first time, there may be a couple kinks in the way, but nothing that was dramatic. ... I would say it's very successful and will get better every semester."

Richard Ginsburg, chair of the college's theater and dance program, was a plaintiff in the suit. He said he was "disappointed” with the judge's decision.

Ginsburg, who has been a professor for more than 40 years with the theater and dance department, said a lack of funding from administration has prevented it from hiring directors, choreographers and other staff to put on productions.

"I think this is a longtime goal for the school to eliminate a major, a voice and a community activity. ... I think that’s a travesty for students and their parents, who are taxpayers,” he said.

Kornbluth said productions are being scaled back, not eliminated, due to cost. College officials limited the department to two productions per year. 

"We're still providing support for productions,” Kornbluth said. "If the theater department wanted to get out there and try to raise money or apply for grants, that would be great."

The college is funded by the county,  state and student tuition, which was held at $2,900 per semester, or $5,800 a year. The county legislature approved the school's $184 million operating budget last June.