Common use of Release from Term of Service Clause in Contracts

Release from Term of Service. 1. The member understands that she/he may be released for the following two reasons: i. for cause, as explained in paragraph 2 of this section; or ii. compelling personal circumstances as defined in paragraph 3 of this section. 2. The Program will release the member for cause for the following reasons: a) The member has dropped out of the Program without obtaining a release for compelling personal circumstances from the VHCB AC Program Director, b) The member is found to have lied on his/her application, including and especially the legal section, c) The member decides to leave the Program to enroll in school or because of dissatisfaction with the Program, d) The member decides to leave the Program to move to another location, to get married or to enter into a civil union, e) The member leaves the Program to take a job (unless the member certified at the beginning of his/her term of service that h/she was enrolled in a welfare-to-work or Reach-Up program upon enrolling for AmeriCorps), f) During the term of service the member has been convicted of a violent felony or the sale or distribution of a controlled substance, g) The member has committed a repeated offense in accordance with paragraphs 2 through 7 of section IV of this Agreement, or h) Any other serious breach that in the judgment of the Program Director or Host Site Organization would: a. undermine the effectiveness of the Program, b. show blatant disrespect for any individual, c. or put any supervisor, staff, other member, self, organization, or program at risk or in harm’s way. 3. The Program may release the member from the term of service for compelling personal circumstances if certain circumstances beyond the member’s control occur, for example: a) The member has a serious injury or illness that makes completing the term of service impossible; b) There is a serious injury, illness or death of an immediate family member and the member is needed to care for that family member or take over the duties of the family member; c) The member is drafted by the Armed Services of the United States; or d) Some other circumstance occurs that makes it impossible or very difficult for the member to complete the term of service and if and only if the VHCB Director deems that circumstance to be compelling. Any circumstance listed in paragraph 2 of this section will not be considered compelling. 4. The Program will suspend the member’s term of service for the following reasons: a) during the term of service, the member has been charged with a violent felony or the sale or distribution of a controlled substance. If the member is found not guilty or the charge is dismissed, the member may resume his/her term of service. b) during the term of service, the member has been convicted of a first offense of possession of a controlled substance. (If the member, however, demonstrates that he/she has enrolled in an approved drug rehabilitation program, the member may resume his/her term of service. The member will not receive back living allowance or credit for any service hours missed.) c) The Program does not have documentation that the member is actively serving such as completed timesheets, required enrollment paperwork, timely responses to communication from the Host Site or VHCB AC. d) Any of the following issues arise and will take time for corrective action: a. A personal issue arises with the member; b. an issue arises between the member and HSO, the member and the Program, or the member and a client or volunteer; or, c. an issue arises at the host site such as funding loss or change in staff. 5. If the member discontinues his/her term of service for any reason other than a release for compelling personal circumstances as described in paragraph 3, the member will cease to receive the benefits described in section III and will receive no portion of the education award or interest payments. 6. If the member discontinues her/his term of service due to compelling personal circumstances as described in paragraph 3 of this section of this Agreement, the member will cease to receive benefits as described in Section III. If, however, the member has completed at least 15% of the required service hours (255 for full-time or 135 for half- time), the member will receive a pro-rated portion of the education award or interest payments described in section III. 7. The Program may release the member for cause if, in the opinion of the Program Director, the member’s conduct undermines the effectiveness of the Program or an assigned project, or the member repeatedly or periodically continues to demonstrate inappropriate behavior by engaging in a pattern of misconduct or not complying with corrective action plans. 8. A term that ends early, either for cause, or for compelling personal circumstances, is still considered a term and the education award that members receive, or would have been eligible to receive, will count in determining the maximum amount of education award benefits that individuals may receive through service with AmeriCorps.

Release from Term of Service. 1. The member understands that she/he may be released for the following two reasons: i. for cause, as explained in paragraph 2 of this section; or ii. compelling personal circumstances as defined in paragraph 3 of this section. 2. The Program will release the member for cause for the following reasons: a) The member has dropped out of the Program without obtaining a release for compelling personal circumstances from the VHCB AC Program Director, b) The member is found to have lied on his/her application, including and especially the legal section, c) The member decides to leave the Program to enroll in school or because of dissatisfaction with the Program, d) The member decides to leave the Program to move to another location, to get married or to enter into a civil union, e) The member leaves the Program to take a job (unless the member certified at the beginning of his/her term of service that h/she was enrolled in a welfare-to-work welfare‐to‐work or Reach-Up Reach‐Up program upon enrolling for AmeriCorps), f) During the term of service the member has been convicted of a violent felony or the sale or distribution of a controlled substance, g) The member has committed a repeated offense in accordance with paragraphs 2 through 7 of section IV of this Agreement, or h) Any other serious breach that in the judgment of the Program Director or Host Site Organization would: a. undermine the effectiveness of the Program, b. show blatant disrespect for any individual, c. or put any supervisor, staff, other member, self, organization, or program at risk or in harm’s way. 3. The Program may release the member from the term of service for compelling personal circumstances if certain circumstances beyond the member’s control occur, for example: a) The member has a serious injury or illness that makes completing the term of service impossible; b) There is a serious injury, illness or death of an immediate family member and the member is needed to care for that family member or take over the duties of the family member; c) The member is drafted by the Armed Services of the United States; or d) Some other circumstance occurs that makes it impossible or very difficult for the member to complete the term of service and if and only if the VHCB Director deems that circumstance to be compelling. Any circumstance listed in paragraph 2 of this section will not be considered compelling. 4. The Program will suspend the member’s term of service for the following reasons: a) during the term of service, the member has been charged with a violent felony or the sale or distribution of a controlled substance. If the member is found not guilty or the charge is dismissed, the member may resume his/her term of service. b) during the term of service, the member has been convicted of a first offense of possession of a controlled substance. (If the member, however, demonstrates that he/she has enrolled in an approved drug rehabilitation program, the member may resume his/her term of service. The member will not receive back living allowance or credit for any service hours missed.) c) The Program does not have documentation that the member is actively serving such as completed timesheets, required enrollment paperwork, timely responses to communication from the Host Site or VHCB AC. d) Any of the following issues arise and will take time for corrective action: a. A personal issue arises with the member; b. an issue arises between the member and HSO, the member and the Program, or the member and a client or volunteer; or, c. an issue arises at the host site such as funding loss or change in staff. 5. If the member discontinues his/her term of service for any reason other than a release for compelling personal circumstances as described in paragraph 3, the member will cease to receive the benefits described in section III and will receive no portion of the education award or interest payments. 6. If the member discontinues her/his term of service due to compelling personal circumstances as described in paragraph 3 of this section of this Agreement, the member will cease to receive benefits as described in Section III. If, however, the member has completed at least 15% of the required service hours (255 for full-time or 135 for half- time), the member will receive a pro-rated portion of the education award or interest payments described in section III. 7. The Program may release the member for cause if, in the opinion of the Program Director, the member’s conduct undermines the effectiveness of the Program or an assigned project, or the member repeatedly or periodically continues to demonstrate inappropriate behavior by engaging in a pattern of misconduct or not complying with corrective action plans. 8. A term that ends early, either for cause, or for compelling personal circumstances, is still considered a term and the education award that members receive, or would have been eligible to receive, will count in determining the maximum amount of education award benefits that individuals may receive through service with AmeriCorps.

Release from Term of Service. 1. The member understands that she/he may be released for the following two reasons: i. for cause, as explained in paragraph 2 of this section; or ii. compelling personal circumstances as defined in paragraph 3 of this section. 2. The Program will release the member for cause for the following reasons: a) The member has dropped out of the Program without obtaining a release for compelling personal circumstances from the VHCB AC Program Director, b) The member is found to have lied on his/her application, including and especially the legal section, c) The member decides to leave the Program to enroll in school or because of dissatisfaction with the Program, d) The member decides to leave the Program to move to another location, to get married or to enter into a civil union, e) The member leaves the Program to take a job (unless the member certified at the beginning of his/her term of service that h/she was enrolled in a welfare-to-work or Reach-Up program upon enrolling for AmeriCorps), f) During the term of service the member has been convicted of a violent felony or the sale or distribution of a controlled substance, g) The member has committed a repeated an offense in accordance with paragraphs 2 through 7 of section IV of this Agreement, or h) Any other serious breach that in the judgment of the Program Director or Host Site Organization would: a. undermine the effectiveness of the Program, b. show blatant disrespect for any individual, c. or put any supervisor, staff, other member, self, organization, or program at risk or in harm’s way. 3. The Program may release the member from the term of service for compelling personal circumstances if certain circumstances beyond the member’s control occur, for and the member is able to provide documentation of the circumstances. For example: a) The member has a serious injury or illness that makes completing the term of service impossible; b) There is a serious injury, illness or death of an immediate family member and the member is needed to care for that family member or take over the duties of the family member; c) The member is drafted by the Armed Services of the United States; or d) Some other circumstance occurs that makes it impossible or very difficult for the member to complete the term of service and if and only if the VHCB Director deems that circumstance to be compelling. Any circumstance listed in paragraph 2 of this section will not be considered compelling. 4. The Program will suspend the member’s term of service for the following reasons: a) during the term of service, the member has been charged with a violent felony or the sale or distribution of a controlled substance. If the member is found not guilty or the charge is dismissed, the member may resume his/her term of service. b) during the term of service, the member has been convicted of a first offense of possession of a controlled substance. (If the member, however, demonstrates that he/she has they have enrolled in an approved drug rehabilitation program, the member may be able to resume his/her the term of service. The member will not receive back living allowance or credit for any service hours missedwith approval from the VHCB AC Director and HSO.) c) The Program does not have documentation that the member is actively serving such as completed timesheets, required enrollment paperwork, timely responses to communication from the Host Site or VHCB AC. d) Any of the following issues arise and will take time for corrective action: a. A personal issue arises with the member; b. an issue or disagreement arises between the member and HSO, the member and the Program, or the member and a client or volunteer; or, c. an issue arises at the host site such as funding loss or change in staff. 5. If the member discontinues his/her term of service for any reason other than a release for compelling personal circumstances as described in paragraph 3, the member will cease to receive the benefits described in section III and will receive no portion of the education award or interest payments. 6. If the member discontinues her/his term of service due to compelling personal circumstances as described in paragraph 3 of this section of this Agreement, the member will cease to receive benefits as described in Section III. If, however, the member has completed at least 15% of the required service hours (255 for full-time or 135 for half- half-time), the member will receive a pro-rated portion of the education award or interest payments described in section III. 7. The Program may release the member for cause if, in the opinion of the Program Director, the member’s conduct undermines the effectiveness of the Program or an assigned project, or the member repeatedly or periodically continues to demonstrate inappropriate behavior by engaging in a pattern of misconduct or not complying with corrective action plans. 8. A term that ends early, either for cause, or for compelling personal circumstances, is still considered a term and the education award that members receivea member receives, or would have been eligible to receive, will count in determining the maximum amount of education award benefits that individuals may receive through service with AmeriCorps.