Common use of Release for Compelling Personal Circumstances Clause in Contracts

Release for Compelling Personal Circumstances. An AmeriCorps program may release a Member upon a determination by the program that the participant is unable to complete the term of service because of compelling personal circumstances, if the participant has otherwise performed satisfactorily and has completed at least fifteen percent of the agreed term of service. A Member who is released for compelling personal circumstances and who completes at least 15 percent of the required term of service is eligible for a pro-rated education award. A Member must provide documentation that supports the compelling personal circumstances that prevent a completion of a term of service. Compelling personal circumstances include those that are beyond the Member's control, such as, but not limited to: A Member's disability or serious illness; Disability, serious illness, or death of a Member's family member if this makes completing a term unreasonably difficult or impossible; or Conditions attributable to the program or otherwise unforeseeable and beyond the Member's control, such as a natural disaster, a strike, relocation of a spouse, or the nonrenewal or premature closing of a project or program, that make completing a term unreasonably difficult or impossible; Those that the Corporation, has for public policy reasons, determined as such, including: Military service obligations; Acceptance by a Member of an opportunity to make the transition from welfare to work; or Acceptance of an employment opportunity by a Member serving in a program that includes in its approved objectives the promotion of employment among its participants. Compelling personal circumstances do not include leaving a program: To enroll in school; To obtain employment, other than in moving from welfare to work or in leaving a program that includes in its approved objectives the promotion of employment among its participants; or Because of dissatisfaction with the program. As an alternative to releasing a Member, an AmeriCorps*State/National program may, after determining that compelling personal circumstances exist, suspend the participant's term of service for up to two years (or longer if approved by the Corporation based on extenuating circumstances) to allow the participant to complete service with the same or similar AmeriCorps program at a later time. Release for cause A release for cause encompasses any circumstances other than compelling personal circumstances that warrant a Member's release from completing a term of service. AmeriCorps programs must release for cause any Member who is convicted of a felony or the sale or distribution of a controlled substance during a term of service. A Member who is released for cause may not receive any portion of the AmeriCorps education award or any other payment from the National Service Trust. A Member who is released for cause must disclose that fact in any subsequent applications to participate in an AmeriCorps program. Failure to do so disqualifies the Member for an education award, regardless of whether the Member completes a term of service. An AmeriCorps*State/National Member released for cause may contest the program's decision by filing a grievance. Pending the resolution of a grievance procedure filed by a Member to contest a determination by a program to release the Member for cause, the Member's service is considered to be suspended. For this type of grievance, a program may not—while the grievance is pending or as part of its resolution—provide a Member with federally-funded benefits (including payments from the National Service Trust) beyond those attributable to service actually performed, without the program receiving written approval from the Corporation. A Member's eligibility for a subsequent term of service in AmeriCorps will not be affected by release for cause from a prior term of service so long as the Member received a satisfactory end-of-term performance review for the period served in the prior term. A term of service from which a Member is released for cause counts as one of the terms of service Release prior to serving 15 percent of a term of service: If a Member is released for reasons other than misconduct prior to completing 15 percent of a term of service, the term will not be considered a term of service and related benefits will still be applicable to the unused term of service.

Release for Compelling Personal Circumstances. An AmeriCorps program may release a Member upon a determination by the program that the participant is Members requesting to be released for compelling personal circumstances are responsible for demonstrating why they are unable to complete the term of service because of compelling personal circumstances, if the participant has otherwise performed satisfactorily and has completed at least fifteen percent of the agreed term of service. A Member who is written request for termination must be received in writing, along with any required or supporting documentation, on or before the requested termination date. Members released for compelling personal circumstances circumstance will no longer receive the living stipend, health care benefits, and who completes child care benefits, but will receive a prorated education award, if the Member has completed at least 15 percent of their service hours. The Program may release the required Member from their term of service is eligible for if the Member demonstrates that: • The Member has a pro-rated education award. A Member must provide documentation that supports the compelling personal circumstances that prevent a completion of a term of service. Compelling personal circumstances include those that are beyond the Member's control, such as, but not limited to: A Member's disability or serious illness; Disabilityillness that makes completing the term impossible. • There is a disability, serious injury, illness, or death of a Member's family member if this which makes completing a the term unreasonably difficult or impossible; . • The Member or their spouse/domestic partner has military service obligations. • The Member has accepted an opportunity to make the transition from welfare to work. • The Member has accepted an employment opportunity if the Program has in its approved objectives the promotion of employment among its participants. • Conditions attributable to the program Program or otherwise unforeseeable and beyond the Member's ’s control, such as a natural disaster, a strike, relocation of a spouse, or the nonrenewal non-renewal or premature closing of a project or programthe Program, that make completing a the term unreasonably difficult or impossible; Those that the Corporation, has for public policy reasons, determined as such, including: Military service obligations; Acceptance by a Member of an opportunity to make the transition from welfare to work; or Acceptance of an employment opportunity by a Member serving in a program that includes in its approved objectives the promotion of employment among its participants. Compelling personal circumstances do not include leaving a programinclude: To • Leaving the Program to enroll in school; To • Leaving the Program to obtain employment, other than in moving transitioning from welfare to work work, or in leaving a program that includes accepting an employment opportunity if the Program has in its approved objectives the promotion of employment among its participants; or Because • Leaving the Program because of dissatisfaction with the programProgram. As an alternative to releasing The Program Director is ultimately responsible for determining whether a Member, an AmeriCorps*State/National program may, after determining that ’s personal circumstances are sufficiently compelling to justify a release for compelling personal circumstances exist, suspend circumstance. Members who leave the participant's term of service for up to two years (or longer if approved by the Corporation based on extenuating circumstances) to allow the participant to complete service with the same or similar AmeriCorps program at Program without obtaining a later time. Release for cause A release for cause encompasses any personal compelling circumstances other than compelling personal circumstances that warrant are considered a Member's release from completing a term of service. AmeriCorps programs must release for cause any Member who is convicted of a felony or the sale or distribution of a controlled substance during a term of service. A Member who is released for cause may not receive any portion of the AmeriCorps education award or any other payment from the National Service Trust. A Member who is released for cause must disclose that fact in any subsequent applications to participate in an AmeriCorps program. Failure to do so disqualifies the Member for an education award, regardless of whether the Member completes a term of service. An AmeriCorps*State/National Member released for cause may contest the program's decision by filing a grievance. Pending the resolution of a grievance procedure filed by a Member to contest a determination by a program to release the Member for cause, the Member's service is considered to be suspended. For this type of grievance, a program may not—while the grievance is pending or as part of its resolution—provide a Member with federally-funded benefits (including payments from the National Service Trust) beyond those attributable to service actually performed, without the program receiving written approval from the Corporation. A Member's eligibility for a subsequent term of service in AmeriCorps will not be affected by release for cause from a prior term of service so long as the Member received a satisfactory end-of-term performance review for the period served in the prior term. A term of service from which a Member is released for cause counts as one of the terms of service Release prior to serving 15 percent of a term of service: If a Member is released for reasons other than misconduct prior to completing 15 percent of a term of service, the term will not be considered a term of service and related benefits will still be applicable to the unused term of service.