ACADEMY REQUIREMENTS. (A) In consideration of the payments to be made to the Academy pursuant to Articles 2 and 4 of this Agreement, and of the payments to designated students enrolled in the Academy pursuant to Article 3 of this Agreement as well as the availability of a training vessel for use in accordance with Article 6, the Academy shall, and as a condition of the Agreement agrees to: (1) Provide courses of instruction in navigation, marine engineering (including steam and diesel propulsion), the operation and maintenance of new vessels and equipment, and innovations being introduced to the merchant marine of the United States, as approved by the U.S. Coast Guard (USCG) and the Administration; and (2) Conform to such standards in such courses, training facilities, entrance requirements, and instruction in a merchant marine officer preparation program, that the Administration may establish after consultation with the Superintendents or Presidents of the State Maritime Academies; and (3) Require, as a condition for graduation, that each individual who is a citizen of the United States and who is attending the Academy in a merchant marine officer preparation program shall pass the examination administered by the USCG required for issuance of a Merchant Mariner Credential with a license endorsement under 46 U.S.C. § 7101. With the approval of the Maritime Administration, an individual who is not allowed to take the licensing examination only because of physical or medical disqualification, or who is unable to pass the licensing examination only because of physical or medical disqualification, may be allowed by the Academy to obtain a degree; and (4) Require that, any individual enrolled at the Academy in a merchant marine officer preparation program on or after January 1, 2017: (i) shall, not later than nine (9) months after the date of such individual’s enrollment at the Academy, pass an examination, in form and substance satisfactory to the Deputy Associate Administrator for Maritime Education and Training, that demonstrates that such individual meets the medical and physical standards required for the issuance of an Merchant Mariner Credential with a license endorsement under 46 U.S.C. § 7101 or set by the United States Coast Guard for issuing merchant mariners’ documentation under 46 U.S.C. § 7302, with no limit to the individual’s operational authority; and (ii) shall, following passage of the examination required under subparagraph (i), continue to meet the requirements described in (i) throughout the remainder of such individual’s enrollment in a merchant mariner officer preparation program at the Academy; and (iii) if the individual has a medical or physical condition that disqualifies the individual from meeting the requirements set forth in (i) above, the individual shall be transferred by the Academy to a program other than a merchant marine officer preparation program until such time as the individual demonstrates to the Deputy Associate Administrator for Maritime Education and Training that such individual meets the medical and physical standards set forth in (i) above or is otherwise appropriately disenrolled from the Academy.; and (5) The Deputy Associate Administrator for Maritime Education and Training may modify or waive any of the terms set forth in subarticle 5(A)(4) with respect to any individual or the Academy. (B) In addition to the condition provided in paragraph (A) of this Article 5 and as an express condition to receiving payments of any amount in excess of $25,000 for any one year under Article 2 of this Agreement, the Academy hereby agrees to admit to its courses of instruction otherwise qualified students resident in any other State than that in which the Academy is located in such numbers as the Administration shall prescribe, except that the number so prescribed shall not, at any time, exceed one third of the total number of students attending the Academy. The Academy may elect to admit more out-of-state residents than the minimum number prescribed by the Administration. (C) The Academy agrees, with respect to all Academy programs and activities, including its training program for merchant marine officers under Chapter 515 of Title 46 and to this Agreement, that illegal discrimination in any form will not be tolerated and that it will comply with the following provisions of law and implementing regulations duly promulgated thereunder including, but not limited to Title VI of the Civil Rights Act of 1964, as amended (42 U.S.C. § 2000d et seq.) (hereinafter cited to as “Title VI”); 49 C.F.R. Part 21; Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. § 794) (hereafter cited as “Section 504 of the Rehab Act”); 49 C.F.R. Part 27; Title II of the Americans with Disabilities Act of 1990, as amended (42 U.S.C. § 12101 et seq.) (hereinafter cited to as the “ADA”); 28 C.F.R. Part 35; the Age Discrimination Act of 1975 (42 U.S.C. § 6101) (hereafter cited as the “Age Act”, and
Appears in 4 contracts
Samples: Memorandum of Agreement (Moa), Memorandum of Agreement (Moa), Memorandum of Agreement (Moa)
ACADEMY REQUIREMENTS. (A) In consideration of the payments to be made to the Academy pursuant to Articles 2 and 4 of this Agreement, and of the payments to designated students enrolled in the Academy pursuant to Article 3 of this Agreement as well as the availability of a training vessel for use in accordance with Article 6, the Academy shall, and as a condition of the Agreement agrees to:
(1) Provide courses of instruction in navigation, marine engineering (including steam and diesel propulsion), the operation and maintenance of new vessels and equipment, and innovations being introduced to the merchant marine of the United States, as approved by the U.S. Coast Guard (USCG) and the Administration; and
(2) Conform to such standards in such courses, training facilities, entrance requirements, and instruction in a merchant marine officer preparation program, that the Administration may establish after consultation with the Superintendents or Presidents of the State Maritime Academies; and
(3) Require, as a condition for graduation, that each individual who is a citizen of the United States and who is attending the Academy in a merchant marine officer preparation program shall pass the examination administered by the USCG required for issuance of a Merchant Mariner Credential with a license endorsement under 46 U.S.C. § 7101. With the approval of the Maritime Administration, an individual who is not allowed to take the licensing examination only because of physical or medical disqualification, or who is unable to pass the licensing examination only because of physical or medical disqualification, may be allowed by the Academy to obtain a degree; and
(4) Require that, any individual enrolled at the Academy in a merchant marine officer preparation program on or after January 1, 2017:
(i) shall, not later than nine (9) months after the date of such individual’s enrollment at the Academy, pass an examination, in form and substance satisfactory to the Deputy Associate Administrator for Maritime Education and Training, that demonstrates that such individual meets the medical and physical standards required for the issuance of an Merchant Mariner Credential with a license endorsement under 46 U.S.C. § 7101 or set by the United States Coast Guard for issuing merchant mariners’ documentation under 46 U.S.C. § 7302, with no limit to the individual’s operational authority; and
(ii) shall, following passage of the examination required under subparagraph (i), continue to meet the requirements described in (i) throughout the remainder of such individual’s enrollment in a merchant mariner officer preparation program at the Academy; and
(iii) if the individual has a medical or physical condition that disqualifies the individual from meeting the requirements set forth in (i) above, the individual shall be transferred by the Academy to a program other than a merchant marine officer preparation program until such time as the individual demonstrates to the Deputy Associate Administrator for Maritime Education and Training that such individual meets the medical and physical standards set forth in (i) above or is otherwise appropriately disenrolled from the Academy.; and
(5) The Deputy Associate Administrator for Maritime Education and Training may modify or waive any of the terms set forth in subarticle 5(A)(4) with respect to any individual or the Academy.
(B) In addition to the condition provided in paragraph (A) of this Article 5 and as an express condition to receiving payments of any amount in excess of $25,000 for any one year under Article 2 of this Agreement, the Academy hereby agrees to admit to its courses of instruction otherwise qualified students resident in any other State than that in which the Academy is located in such numbers as the Administration shall prescribe, except that the number so prescribed shall not, at any time, exceed one third of the total number of students attending the Academy. The Academy may elect to admit more out-of-state residents than the minimum number prescribed by the Administration.
(C) The Academy agrees, with respect to all Academy programs and activities, including its training program for merchant marine officers under Chapter 515 of Title 46 and to this Agreement, that illegal discrimination in any form will not be tolerated and that it will comply with the following provisions of law and implementing regulations duly promulgated thereunder including, but not limited to Title VI of the Civil Rights Act of 1964, as amended (42 U.S.C. § 2000d et seq.) (hereinafter cited to as “Title VI”); 49 C.F.R. Part 21; Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. § 794) (hereafter cited as “Section 504 of the Rehab Act”); 49 C.F.R. Part 27; Title II of the Americans with Disabilities Act of 1990, as amended (42 U.S.C. § 12101 et seq.) (hereinafter cited to as the “ADA”); 28 C.F.R. Part 35; the Age Discrimination Act of 1975 (42 U.S.C. § 6101) (hereafter cited as the “Age Act”, and
Appears in 2 contracts
Samples: Memorandum of Agreement (Moa), Memorandum of Agreement (Moa)
ACADEMY REQUIREMENTS. (A) In consideration of the payments to be made to the Academy pursuant to Articles 2 and 4 of this Agreement, and of the payments to designated students enrolled in the Academy pursuant to Article 3 of this Agreement as well as the availability of a training vessel for use in accordance with Article 6, the Academy shall, and as a condition of the Agreement agrees to:
(1) Provide courses of instruction in navigation, marine engineering (including steam and diesel propulsion), the operation and maintenance of new vessels and equipment, and innovations being introduced to the merchant marine of the United States, as approved by the U.S. Coast Guard (USCG) and the Administration; and;
(2) Conform to such standards in such courses, training facilities, entrance requirements, and instruction in a merchant marine officer preparation programMerchant Mariner Officer Preparation Program, that the Administration may establish after consultation with the Superintendents or Presidents of the State Maritime Academies; and;
(3) Require, as a condition for graduation, that each individual who is a citizen of the United States and who is attending the Academy in a merchant marine officer preparation program Merchant Mariner Officer Preparation Program shall pass the examination administered by the USCG required for issuance of a Merchant Mariner Credential with a license endorsement under 46 U.S.C. § 7101. With the approval of the Maritime Administration, an individual who is not allowed to take the licensing examination only because of physical or medical disqualification, or who is unable to pass the licensing examination only because of physical or medical disqualification, may be allowed by the Academy to obtain a degree; and
(4) Require that, any individual enrolled at the Academy in a merchant marine officer preparation program Merchant Mariner Officer Preparation Program on or after January 1, 2017:
(i) shall, not later than nine (9) months after the date of such individual’s enrollment at the Academy, pass an examination, in form and substance satisfactory to the Deputy Associate Administrator for Maritime Education and Training, that demonstrates that such individual meets the medical and physical standards required for the issuance of an Merchant Mariner Credential with a license endorsement under 46 U.S.C. § 7101 or set by the United States Coast Guard for issuing merchant mariners’ documentation under 46 U.S.C. § 7302, with no limit to the individual’s operational authority; and
(ii) shall, following passage of the examination required under subparagraph (i), continue to meet the requirements described in (i) throughout the remainder of such individual’s enrollment in a merchant mariner officer preparation program Merchant Mariner Officer Preparation Program at the Academy; and
(iii) if the individual has a medical or physical condition that disqualifies the individual from meeting the requirements set forth in (i) above, the individual shall be transferred by the Academy to a program other than a merchant marine officer preparation program until such time as the individual demonstrates to the Deputy Associate Administrator and National Coordinator for Maritime Education and Training that such individual meets the medical and physical standards set forth in (i) above or is otherwise appropriately disenrolled from the Academy.; and
(5) The Deputy Associate Administrator and National Coordinator for Maritime Education and Training may modify or waive any of the terms set forth in subarticle Article 5(A)(4) with respect to any individual or the Academy.
(B) In addition to the condition provided in paragraph (A) of this Article 5 and as an express condition to receiving payments of any amount in excess of $25,000 for any one year under Article 2 of this Agreement, the Academy hereby agrees to admit to its courses of instruction otherwise qualified students resident in any other State than that in which the Academy is located in such numbers as the Administration shall prescribe, except that the number so prescribed shall not, at any time, exceed one third of the total number of students attending the Academy. The Academy may elect to admit more out-of-state residents than the minimum number prescribed by the Administration.
(C) The Academy agrees, with respect to all Academy programs and activities, including its training program for merchant marine officers under Chapter 515 of Title 46 and to under this Agreement, that illegal discrimination in any form will not be tolerated and that it will comply with the following provisions of law and implementing regulations duly promulgated thereunder including, but not limited to Title VI of the Civil Rights Act of 1964, as amended (42 U.S.C. § 2000d et seq.) (hereinafter cited to as “Title VI”); 49 C.F.R. Part 21; Title IX of the Educational Amendments Act of 1972 (20 U.S.C. § 1681 et seq.) (hereinafter cited as “Title IX”); 20 U.S.C. §§ 1681–1688; 49 C.F.R. Part 25; Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. § 794) (hereafter cited as “Section 504 of the Rehab Act”); 49 C.F.R. Part 27; Title II of the Americans with Disabilities Act of 1990, as amended (42 U.S.C. § 12101 et seq.) (hereinafter cited to as the “ADA”); 28 C.F.R. Part 35; the Age Discrimination Act of 1975 (42 U.S.C. § 6101) (hereafter cited as the “Age Act”, and28
Appears in 2 contracts
ACADEMY REQUIREMENTS. (A) In consideration of the payments to be made to the Academy pursuant to Articles 2 and 4 of this Agreement, and of the payments to designated students enrolled in the Academy pursuant to Article 3 of this Agreement as well as the availability of a training vessel for use in accordance with Article 6, the Academy shall, and as a condition of the Agreement agrees to:
(1) Provide courses of instruction in navigation, marine engineering (including steam and diesel propulsion), the operation and maintenance of new vessels and equipment, and innovations being introduced to the merchant marine of the United States, as approved by the U.S. Coast Guard (USCG) and the Administration; and
(2) Conform to such standards in such courses, training facilities, entrance requirements, and instruction in a merchant marine officer preparation program, that the Administration may establish after consultation with the Superintendents or Presidents of the State Maritime Academies; and
(3) Require, as a condition for graduation, that each individual who is a citizen of the United States and who is attending the Academy in a merchant marine officer preparation program shall pass the examination administered by the USCG required for issuance of a Merchant Mariner Credential with a license endorsement under 46 U.S.C. § 7101. With the approval of the Maritime Administration, an individual who is not allowed to take the licensing examination only because of physical or medical disqualification, or who is unable to pass the licensing examination only because of physical or medical disqualification, may be allowed by the Academy to obtain a degree; and
(4) Require that, any individual enrolled at the Academy in a merchant marine officer preparation program on or after January 1, 2017:
(i) shall, not later than nine (9) months after the date of such individual’s enrollment at the Academy, pass an examination, in form and substance satisfactory to the Deputy Associate Administrator for Maritime Education and Training, that demonstrates that such individual meets the medical and physical standards required for the issuance of an Merchant Mariner Credential with a license endorsement under 46 U.S.C. § 7101 or set by the United States Coast Guard for issuing merchant mariners’ documentation under 46 U.S.C. § 7302, with no limit to the individual’s operational authority; and
(ii) shall, following passage of the examination required under subparagraph (i), continue to meet the requirements described in (i) throughout the remainder of such individual’s enrollment in a merchant mariner officer preparation program at the Academy; and
(iii) if the individual has a medical or physical condition that disqualifies the individual from meeting the requirements set forth in (i) above, the individual shall be transferred by the Academy to a program other than a merchant marine officer preparation program until such time as the individual demonstrates to the Deputy Associate Administrator for Maritime Education and Training that such individual meets the medical and physical standards set forth in (i) above or is otherwise appropriately disenrolled from the Academy.; and
(5) The Deputy Associate Administrator for Maritime Education and Training may modify or waive any of the terms set forth in subarticle 5(A)(4) with respect to any individual or the Academy.
(B) In addition to the condition provided in paragraph (A) of this Article 5 and as an express condition to receiving payments of any amount in excess of $25,000 for any one year under Article 2 of this Agreement, the Academy hereby agrees to admit to its courses of instruction otherwise qualified students resident in any other State than that in which the Academy is located in such numbers as the Administration shall prescribe, except that the number so prescribed shall not, at any time, exceed one third of the total number of students attending the Academy. The Academy may elect to admit more out-of-state residents than the minimum number prescribed by the Administration.
(C) The Academy agrees, with respect to all Academy programs and activities, including its training program for merchant marine officers under Chapter 515 of Title 46 and to this Agreement, that illegal discrimination in any form will not be tolerated and that it will comply with the following provisions of law and implementing regulations duly promulgated thereunder including, but not limited to Title VI of the Civil Rights Act of 1964, as amended (42 U.S.C. § 2000d et seq.) (hereinafter cited to as “Title VI”); 49 C.F.R. Part 21; Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. § 794) (hereafter cited as “Section 504 of the Rehab Act”); 49 C.F.R. Part 27; Title II of the Americans with Disabilities Act of 1990, as amended (42 U.S.C. § 12101 et seq.) (hereinafter cited to as the “ADA”); 28 C.F.R. Part 35; the Age Discrimination Act of 1975 (42 U.S.C. § 6101) (hereafter cited as the “Age Act”, andas
Appears in 1 contract
Samples: Memorandum of Agreement (Moa)
