Arbitrary or capricious definition

Arbitrary or capricious means a decision that is not based on legitimate business needs or that is knowingly false.
Sample 1Sample 2Sample 3
Arbitrary or capricious means a determination or action done without rational basis, or done in bad faith, or that it constituted disparate treatment, or that it was based on unlawful discrimination.
Sample 1Sample 2Sample 3
Arbitrary or capricious means that management determined the rating without regard to the facts, by pure will or whim. An arbitrary or capricious performance evaluation is one that no reasonable person could make after considering all available evidence. If an evaluation is fairly debatable (meaning that reasonable persons could draw different conclusions), it is not arbitrary or capricious. Thus, mere disagreement with the evaluation or with the reasons assigned for the ratings is insufficient to qualify an arbitrary or capricious performance evaluation claim for a hearing when there is adequate documentation in the record to support the conclusion that the evaluation had a reasoned basis related to established expectations.17 However, if the grievance raises a sufficient question as to whether a performance evaluation resulted merely from personal animosity or some other improper motive--rather than a reasonable basis--a further exploration of the facts by a hearing officer may be warranted.
Sample 1

Examples of Arbitrary or capricious in a sentence

  • See also Non-reappointment; Pay grades; Semester appointments and assignments Arbitrary or capricious actions management rights and, 6 paid administrative leave as, 20 regarding sick leave, 47 regarding suspension or termination, 22 Arbitration, 18 management rights and, 5 of number of credits of service, 38 of objections over agency fees, 10 processing of grievances to, 16, 18 Assignments.


More Definitions of Arbitrary or capricious

Arbitrary or capricious means that management determined the rating without regard to the facts, by pure will or whim. An arbitrary or capricious performance evaluation is one that no reasonable person could make after considering all available evidence. If an evaluation is fairly debatable (meaning that reasonable persons could draw different conclusions), it is not arbitrary or capricious. Thus, mere disagreement with the evaluation or with the reasons assigned for the ratings is insufficient to qualify an arbitrary or capricious performance evaluation claim for a
Sample 1
Arbitrary or capricious means without a principled basis or in a manner that substantially deviates from applicable policies. [Policy 6-400 Section I.B]
Sample 1
Arbitrary or capricious means doing something according to one’s will or whim (as in a sudden, unpredictable change). An action or decision is arbitrary if it is not supported by logic or the necessary facts, or if it is made in the absence of decision-making criteria consistent with USU policy and procedures. An action or decision is capricious if it is adopted without thought or reason, or is irrational.
Sample 1

Related to Arbitrary or capricious

  • Plan Administrator means the person, persons, and/or third-party administrator designated by the Company to administer the day to day operations of the Plan and the Company’s other equity incentive programs.

  • the Committee means the Committee of Management of the Association referred to in rule 10 (1);

  • Discriminatory Change in Law means a Change in Law the terms of which specifically (and not merely indirectly or consequentially or by virtue of the disproportionate effect of any Change in Law that is of general application) apply to:

  • upheld means that a complaint has been finalised wholly or partially in favour of the complainant and that –

  • Reviewing Party means any appropriate person or body consisting of a member or members of the Company's Board of Directors or any other person or body appointed by the Board of Directors who is not a party to the particular Claim for which Indemnitee is seeking indemnification, or Independent Legal Counsel.

  • Unsubstantiated means the same as that term is defined in Section 62A-4a-101.

  • non-discriminatory means treatment no less favourable than that accorded to any other user of like public telecommunications networks or services in like circumstances;

  • Administrator means the Board or any of its Committees as shall be administering the Plan, in accordance with Section 4 of the Plan.

  • Decision means a determination, action, vote, or disposition upon a motion, proposal, recommendation, resolution, order, ordinance, bill, or measure on which a vote by members of a public body is required and by which a public body effectuates or formulates public policy.

  • Frivolous means that at least 1 of the following conditions is met:

  • Decisive Influence means a person having, as a result of an agreement or through the ownership of shares or interests in another person (directly or indirectly):

  • Undue hardship means an action requiring significant difficulty or expense, when considered in light of the following factors:

  • Substantiated means an abuse investigation has been completed by the Department or the Department's designee and the preponderance of the evidence establishes the abuse occurred.

  • Gross Misconduct means any act or omission of the Contractor in violation of the most elementary rules of diligence which a conscientious Contractor in the same position and under the same circumstance would have followed.

  • Reviewing official means the individual who shall make the trustworthiness and reliability determination of an individual to determine whether the individual may have, or continue to have, unescorted access to the Category 1 or Category 2 quantities of radioactive materials that are possessed by the licensee.

  • Standard of Conduct Determination shall have the meaning ascribed to it in Section 9(b) below.

  • Length of an academic term means the total number of school days in a single trimester or semester, as defined by the board of directors.

  • Administrative merits determination means certain notices or findings of labor law violations issued by an enforcement agency following an investigation. An administrative merits determination may be final or be subject to appeal or further review. To determine whether a particular notice or finding is covered by this definition, it is necessary to consult section II.B. in the DOL Guidance.

  • Administrative Committee means the committee in charge of Plan administration, as described in Article VII.

  • Discipline means any action taken by a school district in response to behavioral violations.

  • Denied means the insurer refuses to pay a claim for any reason other than for claims not paid for failure to meet the waiting period or because of an applicable preexisting condition; and

  • Adjudicator means the person named in Appendix 2 of the Contract Agreement, appointed by agreement between the Procuring Entity and the Supplier to make a decision on or to settle any

  • Adverse determination shall have the meaning set forth in Section 19.7.

  • Interpreting means the process of translating communication between hearing individuals, who communicate in spoken language, and individuals who communicate in sign language. Interpreters must be able to listen to an individual’s words, inflections, and intent and simultaneously render them into sign language using the mode of communication preferred by the Customer. The Interpreter must also be able to comprehend the signs, inflections, and intent of the Customer and speak them in articulate, appropriate English.

  • Reviewing Authority means the Alberta Securities Commission.

  • Program Administrator means the person retained by the Wisconsin PACE Commission as provided in subsection (5)(b).