Common use of Disciplinary Action for Cause Clause in Contracts

Disciplinary Action for Cause. The University may discipline any Athletic Staff Member who engages in misconduct or who fails to meet the expected performance standards, as determined by the University. Misconduct, for the purposes of this provision, shall include without limitation engaging in any of the following acts: (a) Violation or breach of any applicable federal, state or municipal laws, University policies or practices, Department policies or practices, or governing athletic rules; (b) Violation of any felony or misdemeanor criminal statute resulting in a conviction that relates to, impacts or impairs the Athletic Staff Member to perform duties on behalf of the University; (c) Violation or breach of any terms of the Athletic Staff Member agreement, if any, with the University; (d) Engaging in any unethical or immoral conduct, regardless of where that conduct occurs, that relates to, impacts or impairs the Athletic Staff Member perform duties on behalf of the University; (e) Engaging in any conduct, regardless of where that conduct occurs, that impugns, ▇▇▇▇▇ or undercuts the reputation of the Department or the University; (f) Engaging in any conduct that ▇▇▇▇▇, hinders or impairs, or failing to take appropriate steps to safeguard, the physical and/or mental well-being of student-athletes; (g) Failing to abide by University of Nebraska Board of Regent Policy regarding Consensual Relationships (RP-3.3.15) by engaging in any relationship of a sexual, intimate, romantic, dating, or amorous nature, regardless of its length, with a student- athlete or an employee for whom the Athletic Staff Member has supervisory or evaluative authority unless otherwise permitted by the policy; (h) Failing to abide by University of Nebraska Board of Regent Policy regarding Sexual Misconduct (RP-2.1.8).

Disciplinary Action for Cause. The University may discipline any Athletic Staff Member who engages in misconduct or who fails to meet the University’s expected performance standards, as determined by the University. Misconduct, for the purposes of this provision, shall include without limitation engaging in any of the following acts: (a) Violation or breach of any applicable federal, state state, or municipal laws, University policies or practices, Department policies or practices, or governing athletic rules; (b) Violation of any felony or misdemeanor criminal statute resulting in a conviction that relates to, impacts impacts, or impairs the Athletic Staff Member Member’s ability to perform duties on behalf of the University; (c) Violation or breach of any terms of the Athletic Staff Member Member’s employment agreement, if any, with the University; (d) Engaging in any unethical or immoral conduct, regardless of where that conduct occurs, that relates to, impacts impacts, or impairs the Athletic Staff Member Member’s ability to perform duties on behalf of the University; (e) Engaging in any conduct, regardless of where that conduct occurs, that impugns, ▇▇▇▇▇ ▇, or undercuts the reputation of the Department or the University; (f) Engaging in any conduct that ▇▇▇▇▇harms, hinders hinders, or impairs, or failing to take appropriate steps to safeguard, the physical and/or mental well-being of student-athletes; (g) Failing to abide by University of Nebraska Board of Regent Policy regarding Consensual Relationships (RP-3.3.15) by engaging in any relationship of a sexual, intimate, romantic, dating, or amorous nature, regardless of its length, with a student- student-athlete or an employee for whom the Athletic Staff Member has supervisory or evaluative authority unless otherwise permitted by the policy; (h) Failing to abide by University of Nebraska Board of Regent Policy regarding Sexual Misconduct (RP-2.1.8)RP-2.

Disciplinary Action for Cause. The University may discipline any Athletic Staff Member who engages in misconduct or who fails to meet the University’s expected performance standards, as determined by the University. MisconductMisconduct or failure of performance, for the purposes of this provision, and which shall constitute adequate cause within the meaning of Section 4.8.1 of the Bylaws shall include without limitation engaging in any of the following acts: (a) Violation or breach of any applicable federal, state or municipal laws, University policies or practices, Department policies or practices, or governing athletic rules; (b) Violation of any felony or misdemeanor criminal statute resulting in a conviction that relates to, impacts or impairs the Athletic Staff Member Member’s ability to perform duties on behalf of the University; (c) Violation or breach of any terms of the Athletic Staff Member Member’s employment agreement, if any, with the University; (d) Engaging in any unethical or immoral conduct, regardless of where that conduct occurs, that relates to, impacts or impairs the Athletic Staff Member Member’s ability to perform duties on behalf of the University; (e) Engaging in any conduct, regardless of where that conduct occurs, that impugns, ▇▇▇▇▇ or undercuts the reputation of the Department or the University; (f) Engaging in any conduct that ▇▇▇▇▇, hinders or impairs, or failing to take appropriate steps to safeguard, the physical and/or mental well-being of student-athletes; (g) Failing to abide by University of Nebraska Board of Regent Policy regarding Consensual Relationships (RP-3.3.15) by engaging in adhere to or follow any relationship of a sexual, intimate, romantic, dating, or amorous nature, regardless of its length, with a student- athlete or an employee for whom lawful directive issued to the Athletic Staff Member has supervisory or evaluative authority unless otherwise permitted by the policyUniversity’s administration or its Board of Regents, or any other act that could be deemed insubordinate; (h) Failing to abide respond accurately, fully, or timely to any reasonable inquiry received from the University, the NCAA, the Conference, any other governing body, or any governmental agency regarding any matters that pertain to or arise out of the Athletic Staff Member’s employment at the University or any prior employment as a coach at another academic institution; (i) Fraud or dishonesty in carrying out any duties on behalf of the University, including without limitation submitting false, fabricated, misleading or altered statements, representations, reports, records or other documents to the University, the NCAA, the Conference, other governing bodies, or governmental agencies (such as any documents relating to the recruitment of student-athletes or any documents required to be maintained by law, University policy or practice, or governing athletic rules); (j) The misappropriation, misuse, damage or destruction of Nebraska Board University property; (k) Appearing to be under the influence of Regent Policy alcohol, drugs or other intoxicants while performing duties on behalf of the University, regardless of location; (l) Driving a motor vehicle while legally intoxicated or under the influence of alcohol or other drugs (including illegal, recreational and prescribed drugs); (m) The sale, use or possession of any narcotics, controlled substances, drugs, steroids or other chemicals in violation of any state or federal laws, or any governing athletic rules, including without limitation the sale, use or possession of any pain medications that have not been prescribed directly to you; (n) Failing to fully cooperate in the implementation, administration and enforcement of any drug testing program established by the University for student-athletes; (o) Soliciting, placing or accepting a bet on any intercollegiate athletic contest, or participating in, condoning or encouraging any illegal betting, gambling, or bookmaking on any intercollegiate or professional sporting event through any means; (p) Furnishing information or data regarding Sexual Misconduct any of the University’s athletics programs to any individual that the Athletic Staff Member knows, or reasonably should know, is involved in or tied to illegal gambling; (RP-2.1.8)q) Failing to immediately report any possible or known violation of any governing athletic rule or University policy or practice by a coach, a student or other person under the direct control or supervision of the Athletic Staff Member; (r) Failing to accurately report all sources and amounts of income generated from athletics-related activities, as required by the governing athletic rules; or (s) Allowing, permitting, or encouraging any assistant coach, student or other person under the direct control or supervision of the Athletic Staff Member to engage in any of the prohibited conduct identified above, or failing to take appropriate steps to prevent such action being taken by such individuals. Typically, an Athletic Staff Member will be informed of any performance deficiencies and afforded a reasonable opportunity to rectify those deficiencies before any discipline will be imposed based on a failure to meet performance standards. The form and severity of any discipline will be determined by the University on a case-by-case basis, taking into consideration a variety of factors such as the nature and seriousness of the offense, the extent to which the conduct or behavior has been addressed previously or is repetitive, the impact that the conduct has on the University, the Department, the athletic program, and the workplace, the degree to which the conduct exposes the University to liability or reputational harm, and the impact that the conduct has on the physical and mental well-being of the student-athletes. Depending on such factors, the University may impose discipline on the Athletic Staff Member, ranging from a verbal reminder to the termination of employment, and is not required to impose discipline in a progressive manner. If the University elects to suspend an Athletic Staff Member as a form of discipline, the suspension can be without pay and generally will not exceed ninety (90) calendar days in duration. If the University is contemplating suspending or terminating the employment of an Athletic Staff Member for cause, the affected athletics staff member will be afforded the due process referenced within this policy.

Disciplinary Action for Cause. The University may discipline any Athletic Staff Member who engages in misconduct or who fails to meet the University’s expected performance standards, as determined by the University. Misconduct, for the purposes of this provision, shall include without limitation engaging in any of the following acts: (a) Violation or breach of any applicable federal, state state, or municipal laws, University policies or practices, Department policies or practices, or governing athletic rules; (b) Violation of any felony or misdemeanor criminal statute resulting in a conviction that relates to, impacts impacts, or impairs the Athletic Staff Member Member’s ability to perform duties on behalf of the University; (c) Violation or breach of any terms of the Athletic Staff Member Member’s employment agreement, if any, with the University; (d) Engaging in any unethical or immoral conduct, regardless of where that conduct occurs, that relates to, impacts impacts, or impairs the Athletic Staff Member Member’s ability to perform duties on behalf of the University; (e) Engaging in any conduct, regardless of where that conduct occurs, that impugns, ▇▇▇▇▇ ▇, or undercuts the reputation of the Department or the University; (f) Engaging in any conduct that ▇▇▇▇▇harms, hinders hinders, or impairs, or failing to take appropriate steps to safeguard, the physical and/or mental well-being of student-athletes; (g) Failing to abide by University of Nebraska Board of Regent Policy regarding Consensual Relationships (RP-3.3.15) by engaging in any relationship of a sexual, intimate, romantic, dating, or amorous nature, regardless of its length, with a student- athlete or an employee for whom the Athletic Staff Member has supervisory or evaluative authority unless otherwise permitted by the policy; (h) Failing to abide by University of Nebraska Board of Regent Policy regarding Sexual Misconduct (RP-2.1.8)RP-2.

Disciplinary Action for Cause. The University may discipline any Athletic Staff Member who engages in misconduct or who fails to meet the expected performance standards, as determined by the University. Misconduct, for the purposes of this provision, shall include without limitation engaging in any of the following acts: (a) Violation or breach of any applicable federal, state or municipal laws, University policies or practices, Department policies or practices, or governing athletic rules; (b) Violation of any felony or misdemeanor criminal statute resulting in a conviction that relates to, impacts or impairs the Athletic Staff Member to perform duties on behalf of the University; (c) Violation or breach of any terms of the Athletic Staff Member agreement, if any, with the University; (d) Engaging in any unethical or immoral conduct, regardless of where that conduct occurs, that relates to, impacts or impairs the Athletic Staff Member perform duties on behalf of the University; (e) Engaging in any conduct, regardless of where that conduct occurs, that impugns, ▇▇▇▇▇ or undercuts the reputation of the Department or the University; (f) Engaging in any conduct that ▇▇▇▇▇, hinders or impairs, or failing to take appropriate steps to safeguard, the physical and/or mental well-being of student-athletes; (g) Failing to abide by University of Nebraska Board of Regent Policy regarding Consensual Relationships (RP-3.3.15) by engaging in any relationship of a sexual, intimate, romantic, dating, or amorous nature, regardless of its length, with a student- student-athlete or an employee for whom the Athletic Staff Member has supervisory or evaluative authority unless otherwise permitted by the policy; (h) Failing to abide by University of Nebraska Board of Regent Policy regarding Sexual Misconduct (RP-2.1.8)RP-2.

Disciplinary Action for Cause. The University may discipline any Athletic Staff Member who engages in misconduct or who fails to meet the University’s expected performance standards, as determined by the University. Misconduct, for the purposes of this provision, shall include without limitation engaging in any of the following acts: (a) Violation or breach of any applicable federal, state or municipal laws, University policies or practices, Department policies or practices, or governing athletic rules; (b) Violation of any felony or misdemeanor criminal statute resulting in a conviction that relates to, impacts or impairs the Athletic Staff Member Member’s ability to perform duties on behalf of the University; (c) Violation or breach of any terms of the Athletic Staff Member Member’s employment agreement, if any, with the University; (d) Engaging in any unethical or immoral conduct, regardless of where that conduct occurs, that relates to, impacts or impairs the Athletic Staff Member Member’s ability to perform duties on behalf of the University; (e) Engaging in any conduct, regardless of where that conduct occurs, that impugns, ▇▇▇▇▇ or undercuts the reputation of the Department or the University; (f) Engaging in any conduct that ▇▇▇▇▇, hinders or impairs, or failing to take appropriate steps to safeguard, the physical and/or mental well-being of student-athletes; (g) Failing to abide by University of Nebraska Board of Regent Policy regarding Consensual Relationships (RP-3.3.15) by engaging in any relationship of a sexual, intimate, romantic, dating, or amorous nature, regardless of its length, with a student- athlete or an employee for whom the Athletic Staff Member has supervisory or evaluative authority unless otherwise permitted by the policy; (h) Failing to abide by University of Nebraska Board of Regent Policy regarding Sexual Misconduct (RP-2.1.8)RP-2.

Disciplinary Action for Cause. The University may discipline any Athletic Staff Member who engages in misconduct or who fails to meet the expected performance standards, as determined by the University. Misconduct, for the purposes of this provision, shall include without limitation engaging in any of the following acts: (a) Violation or breach of any applicable federal, state or municipal laws, University policies or practices, Department policies or practices, or governing athletic rules; (b) Violation of any felony or misdemeanor criminal statute resulting in a conviction that relates to, impacts or impairs the Athletic Staff Member to perform duties on behalf of the University; (c) Violation or breach of any terms of the Athletic Staff Member agreement, if any, with the University; (d) Engaging in any unethical or immoral conduct, regardless of where that conduct occurs, that relates to, impacts or impairs the Athletic Staff Member perform duties on behalf of the University; (e) Engaging in any conduct, regardless of where that conduct occurs, that impugns, ▇▇▇▇▇ or undercuts the reputation of the Department or the University; (f) Engaging in any conduct that ▇▇▇▇▇, hinders or impairs, or failing to take appropriate steps to safeguard, the physical and/or mental well-being of student-athletes; (g) Failing to abide by University of Nebraska Board of Regent Policy regarding Consensual Relationships (RP-3.3.15) by engaging in any relationship of a sexual, intimate, romantic, dating, or amorous nature, regardless of its length, with a student- student-athlete or an employee for whom the Athletic Staff Member has supervisory or evaluative authority unless otherwise permitted by the policy; (h) Failing to abide by University of Nebraska Board of Regent Policy regarding Sexual Misconduct (RP- Title IX Coordinator any incident of sexual misconduct (as defined in RP-2.1.8, including domestic violence, dating violence, sexual harassment, sexual assault, sexual exploitation, and stalking) when the Athletic Staff member receives a disclosure of sexual misconduct or becomes aware of information that would lead a reasonable person to believe that sexual misconduct may have occurred involving anyone covered by RP-2.1.8; (i) Failing to adhere to or follow any lawful directive issued to the Athletic Staff Member by Regents, or any other act that could be deemed insubordinate; (j) Failing to respond accurately, fully or timely to any reasonable inquiry received from the University, the NCAA, the Conference, any other governing body, or any governmental agency regarding any matters that pertain to or arise out of employment at the University or any prior employment as a coach or at another academic institution; (k) Fraud or dishonesty in carrying out any duties on behalf of the University, including without limitation submitting false, fabricated, misleading or altered statements, representations, reports, records or other documents to the University, the NCAA, the Conference, other governing bodies, or governmental agencies (such as any documents relating to the recruitment of student-athletes or any documents required to be maintained by law, University policy or practice, or governing athletic rules); (l) The misappropriation, misuse, damage or destruction of University property; (m) Appearing to be under the influence of alcohol, drugs or other intoxicants while performing duties on behalf of the University, regardless of location; (n) Driving a motor vehicle while legally intoxicated or under the influence of alcohol or other drugs (including illegal, recreational and prescribed drugs); (o) The sale, use or possession of any narcotics, controlled substances, drugs, steroids or other chemicals in violation of any state or federal laws, or any governing athletic rules, including without limitation the sale, use or possession of any pain medications that have not been prescribed directly to you; (p) Failing to fully cooperate in the implementation, administration and enforcement of any drug testing program established by the University for student-athletes; (q) Soliciting, placing or accepting a bet on any intercollegiate athletic contest, or participating in, condoning or encouraging any illegal betting, gambling, or bookmaking on any intercollegiate or professional sporting event through any means; (r) individual that the Athletic Staff Member knows, or reasonably should know, is involved in or tied to illegal gambling; (s) Failing to immediately report to the Athletic Director any possible or known violation of any governing athletic rule or University policy or practice by an assistant coach, a student or other person under the direct control or supervision of the Athletic Staff Member; (t) Failing to accurately report all sources and amounts of income generated from athletics- related activities, as required by the governing athletic rules; or (u) Allowing, permitting or encouraging any assistant coach, student or other person under the direct control or supervision of the Athletic Staff Member to engage in any of the prohibited conduct identified above, or failing to take appropriate steps to prevent such action being taken by such individuals. Typically, an Athletic Staff Member will be informed of any performance deficiencies and afforded a reasonable opportunity to rectify those deficiencies before any discipline will be imposed based on a failure to meet performance standards. The form and severity of any discipline will be determined by the University on a case-by-case basis, taking into consideration a variety of factors such as the nature and seriousness of the offense, the extent to which the conduct or behavior has been addressed previously or is repetitive, the impact that the conduct has on the University, the Department, the athletic program, and the workplace, the degree to which the conduct exposes the University to liability or reputational harm, and the impact that the conduct has on the physical and mental well-being of student-athletes. Depending on such factors, the University may impose discipline on the Athletic Staff Member, ranging from a verbal reminder to the termination of employment, and is not required to impose discipline in a progressive manner. If the University elects to suspend an Athletic Staff Member as a form of discipline, the suspension can be without pay and generally will not exceed ninety (90) calendar days in duration. If the University is contemplating suspending or terminating the employment of an Athletic Staff Member for cause, the affected athletic staff member will be afforded the due process referenced within this policy.