Diminished Capacity Sample Clauses

Diminished Capacity. In instances where there are compelling indications of diminished capacity of a faculty member in one or more areas of professional responsibility and conduct as defined in Article 3.1 and 3.2, as evidenced by personal and/or professional behavior, the administrator/supervisor will intervene. The primary goals of the intervention will be to assure the continued, ongoing delivery of high quality instructional service to students and the recovery of the faculty member to the fullest extent possible. The intervention will occur in a meeting with the faculty member, Xxxx and, if so desired, faculty member advisor and/or Adjunct Faculty Association representative. The purpose of the meeting will be to discuss with the faculty member the circumstances and concerns that have prompted the intervention. In addition, the Xxxx will describe the behaviors that have been documented, review and clarify administrative expectations, and provide the faculty member and personal advisor(s) with an opportunity to respond and offer additional information. Based on the discussion, the Xxxx, in collaboration with the faculty member and the personal advisor(s), will develop a written plan for addressing/managing the situation. Nothing in that plan may conflict with the provisions of this contract. The faculty member has the right to decline participation in the development of the plan, in which case, the administrator will develop the plan independently. In any case, the faculty member will be provided with the plan, and a copy will be placed in the faculty member's personnel file. The plan shall be unique in its responsiveness to the circumstances of the individual situation, but consistent in its fairness, sensitivity, and recognition and protection of faculty and administrative rights and responsibilities. In addition, the plan will be consistent with the provisions of the Americans with Disabilities Act and other applicable laws, regulations, and college policies. The plan may include, but will not necessarily be limited to, the following components: follow-up discussions; continuing involvement, at the option of the faculty member, of a personal advisor(s); procedures for monitoring the situation for a specified period of time, not to exceed fifteen consecutive weeks, and referral to a mutually agreed upon external consultant/physician/expert (with the cost for this initial visit to be paid by the College). Reports of a medical nature from the consultant/physician/expert wil...
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Diminished Capacity. A reduced ability to understand or an alteration to a person’s mental state, usually the result of brain injury, alcohol or drug abuse, Alzheimer’s disease or other factors which exist at the time of teaching or performing other duties that raise the issue of whether the person is able to perform the functions of his or her employment.

Related to Diminished Capacity

  • Reserved Capacity The maximum amount of capacity and energy that the Transmission Provider agrees to transmit for the Transmission Customer over the Transmission Provider’s Transmission System between the Point(s) of Receipt and the Point(s) of Delivery under Part II of the Tariff. Reserved Capacity shall be expressed in terms of whole megawatts on a sixty (60) minute interval (commencing on the clock hour) basis.

  • Maximum Capacity The Sick Leave Bank shall accumulate unused Bank days from year to year to a maximum capacity which shall not exceed double the number of eligible employees as defined in the above Section C, Eligibility for Membership.

  • INDEPENDENT CAPACITY The employees or agents of each party who are engaged in the performance of this Agreement shall continue to be employees or agents of that party and shall not be considered for any purpose to be employees or agents of the other party.

  • Right to Contracted Capacity & Energy 4.4.1 The SPD will declare the CUF of the Project and will be allowed to revise the same once within first year after COD of the full project capacity. SECI, in any Contract Year except for the first year of operation, shall not be obliged to purchase any additional energy from the SPD beyond Million kWh (MU). Subsequent to commissioning of the Project, if for any Contract Year, it is found that the SPD has not been able to supply minimum energy of Million kWh (MU) till the end of 10 years from the SCD and ………….. Million kWh (MU) for the rest of the Term of the Agreement, on account of reasons solely attributable to the SPD, the noncompliance by SPD shall make the SPD liable to pay the compensation provided in the respective PSA as payable to Buying Entity(ies) by Buyer to enable Buyer to remit the amount to Buying Entity(ies). For the first year of operation, the above limits shall be considered on pro-rata basis. In case of part commissioning of the Project, the above limits shall be considered on pro-rata basis till the commissioning of full capacity of the Project. The lower limit will, however be relaxable by Buyer to the extent of grid non-availability for evacuation which is beyond the control of the SPD (as certified by the SLDC/RLDC). This compensation shall be applied to the amount of shortfall in generation during the Contract Year. The amount of such penalty shall be as determined by the respective State Electricity Regulatory Commission of the corresponding Buying Entity/ any such Authority, and such penalty shall ensure that the Buying Entity(ies) is/are offset for all potential costs associated with low generation and supply of power under the PPA. However, the minimum compensation payable to SECI by the SPD shall be 25% (twenty-five percent) of the cost of this shortfall in energy terms, calculated at PPA tariff. This compensation shall not be applicable in events of Force Majeure identified under PPA with SECI affecting supply of solar power by SPD.

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