Common use of RELEASE FROM TERMS OF SERVICE Clause in Contracts

RELEASE FROM TERMS OF SERVICE. The member understands that he/she may be released for the following two reasons: For cause, as explained in paragraph (B) of this section For compelling personal circumstances as defined in paragraph (C) of this section The Program will release the member for cause for the following reasons: The member has dropped out of the program without obtaining a release for compelling personal circumstances from the appropriate program official. During the term of service the member has been convicted of a violent felony or the sale or distribution of a controlled substance. The member has committed a fourth offense in accordance with paragraph (E) of section VI of this agreement. The member has committed any of the offenses listed. The member has committed another serious breach that, in the judgment of the program director, would undermine the effectiveness of the Program. The Program may release the member from the term of service for compelling personal circumstances if the member demonstrates that: The member has a disability or serious illness that makes completing the term impossible. There is a serious injury, illness, or death of a family member which makes completing the term unreasonably difficult or impossible for the member. The member has military service obligations. The member has accepted an opportunity to make the transition from welfare to work. Member must have been on welfare prior to enrolling in AmeriCorps. Some other unforeseeable circumstance beyond the member’s control makes it impossible or unreasonably difficult for the member to complete the term of service, such as a natural disaster, a strike, relocation of a spouse, or the non-renewal or premature closing of a project or the Program. Compelling personal circumstances do not include leaving the Program: To enroll in school To obtain employment, other than moving from welfare to work Because of dissatisfaction with the Program The Program must suspend the member’s term of service for the following reasons: 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. The member, however, will not receive back living allowances or credit for any service hours missed.) During the term of service the member has been convicted of a first offense of possession of a controlled substance. (If, however, the member 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 allowances or credit for any service hours missed.) The Program may suspend the member’s term of service for violating the rule of conduct provisions in accordance with the rules set forth in paragraph (C) of section VI of this agreement. If the member discontinues his/her term of service for any reason other than a release for compelling personal circumstances as described in paragraph (B), (D), and (E), the member will cease to receive the benefits described in paragraph (A) of section V and will receive no portion of the education award or interest payments. If the member discontinues his/her term of service due to compelling personal circumstances as described in paragraph (C) of section VII of this agreement, the member will cease to receive benefits described in paragraphs (B) and (C) of section V. Program director must submit written notification to health care providers and cancel health insurance within one week of the member’s exit date and submit written notification to NACCRRA (child care) providers and cancel child care.

RELEASE FROM TERMS OF SERVICE. The member understands that he/she may be released for the following two reasons: For cause, as explained in paragraph (B) of this section For compelling personal circumstances as defined in paragraph (C) of this section The Program will release the member for cause for the following reasons: The member has dropped out of the program without obtaining a release for compelling personal circumstances from the appropriate program official. During the term of service the member has been convicted of a violent felony or the sale or distribution of a controlled substance. The member has committed a fourth offense in accordance with paragraph (E) of section VI of this agreement. The member has committed any of the offenses listed. The member has committed another serious breach that, in the judgment of the program director, would undermine the effectiveness of the Program. The Program may release the member from the term of service for compelling personal circumstances if the member demonstrates that: The member has a disability or serious illness that makes completing the term impossible. There is a serious injury, illness, or death of a family member which makes completing the term unreasonably difficult or impossible for the member. The member has military service obligations. The member has accepted an opportunity to make the transition from welfare to work. Member must have been on welfare prior to enrolling in AmeriCorps. Some other unforeseeable circumstance beyond the member’s control makes it impossible or unreasonably difficult for the member to complete the term of service, such as a natural disaster, a strike, relocation of a spouse, or the non-renewal or premature closing of a project or the Program. Compelling personal circumstances which do not include constitute leaving the Program: To enroll in school To obtain employment, other than moving from welfare to work Because of dissatisfaction with the Program The Program must may suspend the member’s term of service for the following reasons: 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. The member, however, will not receive back living allowances or credit for any service hours missed.) During the term of service the member has been convicted of a first offense of possession of a controlled substance. (If, however, the member 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 allowances or credit for any service hours missed.) The Program may suspend the member’s term of service for violating the rule of conduct provisions in accordance with the rules set forth in paragraph (C) of section VI of this agreement. If the member discontinues his/her term of service for any reason other than a release for compelling personal circumstances as described in paragraph (B), (D), and (E), the member will cease to receive the benefits described in paragraph (A) of section V and will receive no portion of the education award or interest payments. If the member discontinues his/her term of service due to compelling personal circumstances as described in paragraph (C) of section VII of this agreement, the member will cease to receive benefits described in paragraphs (B) and (C) of section V. Program director must submit written notification to health care providers and cancel health insurance within one week of the member’s exit date and submit written notification to NACCRRA (child care) providers and cancel child care.

RELEASE FROM TERMS OF SERVICE. The member understands that he/she may be released for the following two reasons: For cause, as explained in paragraph (B) of Section VII (this section section); or For compelling personal circumstances as defined in paragraph (C) of this section Section VII. The Program will release the member for cause for the following reasons: The member has dropped out of the program without obtaining a release for compelling personal circumstances from the appropriate program official. ; During the term of service the member has been convicted of a violent felony or the sale or distribution of a controlled substance. ; The member has committed a fourth offense in accordance with paragraph (ED) of section VI of this agreement. The member has committed any of the offenses listed. The member has committed another ; or Any other serious breach that, that in the judgment of the program director, would undermine Program Director undermines the effectiveness of the Programprogram. The Program may release the member from the term of service for due to compelling personal circumstances if the member demonstrates thatif: The member has a disability serious injury or serious illness that makes completing the term impossible. There is a serious injury, illness, or death of a an immediate family member which makes completing the term unreasonably difficult or impossible for the member. The member has military service obligations. The member has accepted an opportunity to make is drafted by the transition from welfare to work. Member must have been on welfare prior to enrolling in AmeriCorpsArmed Services of the United States. Some other unforeseeable circumstance beyond the member’s control occurs that makes it impossible or unreasonably very difficult for the member to complete the term of service, such as a natural disaster, a strike, relocation of a spouse, or service and the non-renewal or premature closing of a project or the Programprogram deems that circumstance to be compelling. Compelling personal circumstances do not include leaving the Program: To enroll in school To obtain employment, other than moving from welfare to work Because of dissatisfaction with the Program The Program must will suspend the member’s term of service for the following reasons: 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. The member, however, will not receive back living allowances or credit for any service hours missed.) During the term of service the member has been convicted of a first offense of possession of a controlled substance. (If, however, the member 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 allowances allowance or credit for any service hours missed.) The Program program may suspend the member’s term of service for violating the rule of conduct provisions in accordance with the rules set forth in paragraph (C) of section VI of this agreement. If the member discontinues his/her term of service for any reason other than a release for compelling personal circumstances as described in paragraph (B), (D), and (E)circumstances, the member will cease to receive the benefits described in paragraph (A) of section V IV and will receive no portion of the education award or interest payments. If the member discontinues his/her term of service due to compelling personal circumstances as described in paragraph (C) of section VII of this agreement, the member will cease to receive benefits described in paragraphs (B) and (C) of section V. Program director must submit written notification to health care providers and cancel health insurance within one week of the member’s exit date and submit written notification to NACCRRA (child care) providers and cancel child careIV.

RELEASE FROM TERMS OF SERVICE. The member understands that he/she may be released for the following two reasons: For cause, as explained in paragraph (B) of Section VII (this section section); or For compelling personal circumstances as defined in paragraph (C) of this section Section VII. The Program will release the member for cause for the following reasons: The member has dropped out of the program without obtaining a release for compelling personal circumstances from the appropriate program official. ; During the term of service the member has been convicted of a violent felony or the sale or distribution of a controlled substance. ; The member has committed a fourth offense in accordance with paragraph (ED) of section VI of this agreement. The member has committed any of the offenses listed. The member has committed another ; or Any other serious breach that, that in the judgment of the program director, would undermine Program Coordinator undermines the effectiveness of the Programprogram. The Program may release the member from the term of service for due to compelling personal circumstances if the member demonstrates thatif: The member has a disability serious injury or serious illness that makes completing the term impossible. There is a serious injury, illness, or death of a an immediate family member which makes completing the term unreasonably difficult or impossible for the member. The member has military service obligations. The member has accepted an opportunity to make is drafted by the transition from welfare to work. Member must have been on welfare prior to enrolling in AmeriCorpsArmed Services of the United States. Some other unforeseeable circumstance beyond the member’s control occurs that makes it impossible or unreasonably very difficult for the member to complete the term of service, such as a natural disaster, a strike, relocation of a spouse, or service and the non-renewal or premature closing of a project or the Programprogram deems that circumstance to be compelling. Compelling personal circumstances do not include leaving the Program: To enroll in school To obtain employment, other than moving from welfare to work Because of dissatisfaction with the Program The Program must will suspend the member’s term of service for the following reasons: 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. The member, however, will not receive back living allowances or credit for any service hours missed.) During the term of service the member has been convicted of a first offense of possession of a controlled substance. (If, however, the member 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 allowances allowance or credit for any service hours missed.) The Program program may suspend the member’s term of service for violating the rule of conduct provisions in accordance with the rules set forth in paragraph (C) of section VI of this agreement. If the member discontinues his/her term of service for any reason other than a release for compelling personal circumstances as described in paragraph (B), (D), and (E)circumstances, the member will cease to receive the benefits described in paragraph (A) of section V IV and will receive no portion of the education award or interest payments. If the member discontinues his/her term of service due to compelling personal circumstances as described in paragraph (C) of section VII of this agreement, the member will cease to receive benefits described in paragraphs (B) and (C) of section V. Program director must submit written notification to health care providers and cancel health insurance within one week of the member’s exit date and submit written notification to NACCRRA (child care) providers and cancel child careIV. Under no circumstance is an AmeriCorps member eligible for unemployment insurance.

RELEASE FROM TERMS OF SERVICE. The member understands that he/she Member may be released by the Program from their term of service in the following two ways: Suspension, as described in paragraph (F) of this section; or, Termination. The Member understands that they may be terminated for the following two reasons: For cause, as explained in paragraph (BC) of this section section; or For compelling personal circumstances as defined in paragraph (CD) of this section section. The Program will release the member Member for cause for the following reasons: The member Member has dropped out of the program without obtaining a release for compelling personal circumstances from the appropriate program official. ; During the term of service the member Member has been convicted of a violent felony or the sale or distribution of a controlled substance. ; The member Member has committed a fourth offense multiple offenses in accordance with paragraph (EF) of this section VI of this the agreement. ; The member Member has committed any of the offenses listed. The member has committed another listed in Section VI paragraph (C); or Any other serious breach that, in the judgment of the program directorMinnesota Alliance With Youth staff, would undermine the effectiveness of the Program. The Program may release the member Member from the term of service for compelling personal circumstances if the member Member demonstrates that: The member Member has a disability or serious illness that makes completing the term impossible. ; There is a serious injury, illness, or death of a family member Member which makes completing the term unreasonably difficult or impossible for the member. Member; The member Member has military service Military Service obligations. ; The member Member has accepted an opportunity to make the transition from welfare to work. Member must have been on welfare prior to enrolling in AmeriCorps. ; or Some other unforeseeable circumstance beyond the memberMember’s control makes it impossible or unreasonably difficult for the member Member to complete the term of service, such as a natural disaster, a strike, relocation of a spouse, or the non-renewal nonrenewal or premature closing of a project or the Program. Compelling personal circumstances do not include leaving the Program: To enroll in school school; To obtain employment, other than in moving from welfare to work work; or Because of dissatisfaction with the Program Program. The Program must may suspend the memberMember’s term of service for the following reasons: During the term the Member requests a suspension based on compelling personal circumstances, as described in paragraph (D) of this section. During the suspension from service, the Member will not receive credit for service hours or benefits (as described in Section V). The Member may resume their term of service once the circumstances supporting the suspension have been resolved. However, a suspension may last no more than two years from the date of suspension. If the Member does not resume their term within the two year period, the Member may request that the Program exit the Member and the Member may be eligible for a partial education award based on the number of hours served in the term. During the term of service the member Member has been charged with a violent felony or the sale or distribution of a controlled substance. (If the member Member is found not guilty or the charge is dismissed, the member Member may resume his/her their term of service. The memberMember, however, will not receive back living allowances or credit for any service hours missed.) During the term of service the member Member has been convicted of a first offense of possession of a controlled substance. (If, however, the member Member demonstrates that he/she has they have enrolled in an approved drug rehabilitation program, the member Member may resume his/her their term of service. The member Member will not receive back living allowances or credit for any service hours missed.) The Program may suspend the memberMember’s term of service for violating the rule of conduct provisions in accordance with the rules set forth in paragraph (C) of section Section VI of this agreementagreement or failing to meet service expectations. If a Member fails to complete the Exit Process as set by the Alliance and all required exit paperwork, they will be exited for cause. The Member’s service will be terminated as of the last completed timesheet. If the member discontinues his/her term of service Program releases the Member for any reason other than a release cause or for compelling personal circumstances as described in paragraph (B), (D), and (E)circumstance, the member Member will cease to receive the benefits described in paragraph paragraphs (A) and (C) of section V and Section V. If the Program releases the Member for cause, the Member will receive no portion of the Education Award. If, however, the Program releases the Member for compelling personal circumstances, the Member will receive a prorated education award or interest payments. If award, provided the member discontinues his/her Member has completed at least 15 percent of the hours needed to complete the term of service due to service. A term that ends early, either for cause or for compelling personal circumstances circumstances, is still considered a term and the Education Award that the Member receives, or would have been eligible to receive, will count towards the total of two Education Awards an individual may receive through service with AmeriCorps. Members are not considered employees and do not qualify for any employee benefit such as described in paragraph unemployment compensation upon completion of their term of service. Please note that AmeriCorps Members are not eligible for Unemployment insurance and cannot make claims for support. Pursuant to the AmeriCorps Provisions, Section B.11.div. (Cpage 25) "The U.S. Department of section VII Labor ruled on April 20, 1995 that federal unemployment compensation law does not require coverage for Members because no employer-employee relationship exists." In the National and Community Service Trust Act of this agreement1993, Congress included the member will cease to receive benefits described in paragraphs following provision: "(B) and (C) of section V. Program director must submit written notification RULE. A participant shall not be considered to health care providers and cancel health insurance within one week be an employee of the member’s program in which the participant is enrolled." 42 U.S.C. 12511(17)(B). Therefore, an AmeriCorps participant is not an employee of the program for purposes of the Fair Labor Standards Act. Further, Minnesota Economic Security law, Section 268.04 Subd. 12 (10)(d). provides that the term "employment" does not apply to service performed (d)"as part of an unemployment work relief or work training program assisted or financed in whole or in part by any federal agency or an agency of a state of political subdivision thereof, by an individual receiving such work relief or work training." The provision applies to participants who perform the services for the state of Minnesota or an instrumentality of the state, including a charitable or educational organization. Therefore, according to the provisions and laws stated above, the Member and Host Site understands that they are not eligible to receive unemployment compensation benefits from their AmeriCorps term of service, regardless of exit date and submit written notification to NACCRRA (child care) providers and cancel child care.status. Grievance Procedures

RELEASE FROM TERMS OF SERVICE. The member understands that he/she may be released for the following two reasons: For cause, as explained in paragraph (B) of B)of this section For compelling personal circumstances as defined in paragraph (C) of C)of this section The Program will release the member for cause for the following reasons: The member has dropped out of the program without obtaining a release for compelling personal circumstances from the appropriate program official. During the term of service the member has been convicted of a violent felony or with the sale or distribution of a controlled substance. The member has committed a fourth offense in accordance with paragraph (E) of section VI of this agreement. The member has committed any of the offenses listed. The member has committed another serious breach that, in the judgment of the program director, would undermine the effectiveness of the Program. The Program may release the member from the term of service for compelling personal circumstances if the member demonstrates that: The member has a disability or serious illness that makes completing the term impossible. There is a serious injury, illness, or death of a family member which makes completing the term unreasonably difficult or impossible for the member. The member has military service obligations. The member has accepted an opportunity to make the transition from welfare to work. work (Member must have been on welfare prior to enrolling in AmeriCorps. ) or is enrolled in a program that includes in its approved objectives the promotion of employment among its members.. Some other unforeseeable circumstance beyond the member’s control makes it impossible or unreasonably difficult for the member to complete the term of service, such as a natural disaster, a strike, relocation of a spouse, or the non-renewal or premature closing of a project or the Program. Compelling personal circumstances which do not include constitute leaving the Program: To enroll in school To obtain employment, other than moving from welfare to work or enrolled in a program that includes in its approved objectives the promotion of employment among its members. Because of dissatisfaction with the Program The Program must suspend the member’s term of service for the following reasonsreason: 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. The member, however, will not receive back living allowances or credit for any service hours missed.) During the term of service the member has been convicted of a first offense of possession of a controlled substance. (If, however, the member 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 allowances or credit for any service hours missed.) The Program may suspend the member’s term of service for violating the rule of conduct provisions in accordance with the rules set forth in paragraph (C) of section VI of this agreement. If the member discontinues his/her term of service for any reason other than a release for compelling personal circumstances as described in paragraph (B), (D), and (E), the member will cease to receive the benefits described in paragraph (A) of section V and will receive no portion of the education award or interest paymentsVI. If the member discontinues his/her term of service due to compelling personal circumstances as described in paragraph (C) of section VII IX of this agreement, the member will cease to receive benefits described in paragraphs (B) and (C) a pro-rated portion of section V. the education award provided the member completed at least 15% of their term. Program director must submit written notification to health care providers and cancel health insurance within one week of the member’s exit date and submit written notification to NACCRRA (the CNCS child care) providers care provider and cancel child care.  (INSERT ADDITIONAL PROGRAM-SPECIFIC RELEASE FROM TERM OF SERVICE INFORMATION THAT IS SPECIFIC TO YOUR AGENCY OR AMERICORPS PROGRAM IF APPLICABLE OR REMOVE THIS FIELD. DO NOT ALTER OR REMOVE THE PREVIOUS LANGUAGE IN THIS SECTION.)

RELEASE FROM TERMS OF SERVICE. The member understands that he/she may be released for the following two reasons: For cause, as explained in paragraph (B) of B)of this section For compelling personal circumstances as defined in paragraph (C) of C)of this section The Program will release the member for cause for the following reasons: The member has dropped out of the program without obtaining a release for compelling personal circumstances from the appropriate program official. During the term of service the member has been convicted of a violent felony or with the sale or distribution of a controlled substance. The member has committed a fourth offense in accordance with paragraph (E) of section VI of this agreement. The member has committed any of the offenses listed. The member has committed another serious breach that, in the judgment of the program director, would undermine the effectiveness of the Program. The Program may release the member from the term of service for compelling personal circumstances if the member demonstrates that: The member has a disability or serious illness that makes completing the term impossible. There is a serious injury, illness, or death of a family member which makes completing the term unreasonably difficult or impossible for the member. The member has military service obligations. The member has accepted an opportunity to make the transition from welfare to work. work (Member must have been on welfare prior to enrolling in AmeriCorps. ) or is enrolled in a program that includes in its approved objectives the promotion of employment among its members.. Some other unforeseeable circumstance beyond the member’s control makes it impossible or unreasonably difficult for the member to complete the term of service, such as a natural disaster, a strike, relocation of a spouse, or the non-renewal or premature closing of a project or the Program. Compelling personal circumstances which do not include constitute leaving the Program: To enroll in school To obtain employment, other than moving from welfare to work or enrolled in a program that includes in its approved objectives the promotion of employment among its members. Because of dissatisfaction with the Program The Program must suspend the member’s term of service for the following reasonsreason: 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. The member, however, will not receive back living allowances or credit for any service hours missed.) During the term of service the member has been convicted of a first offense of possession of a controlled substance. (If, however, the member 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 allowances or credit for any service hours missed.) The Program may suspend the member’s term of service for violating the rule of conduct provisions in accordance with the rules set forth in paragraph (C) of section VI of this agreement. If the member discontinues his/her term of service for any reason other than a release for compelling personal circumstances as described in paragraph (B), (D), and (E), the member will cease to receive the benefits described in paragraph (A) of section V and will receive no portion of the education award or interest paymentsVI. If the member discontinues his/her term of service due to compelling personal circumstances as described in paragraph (C) of section VII IX of this agreement, the member will cease to receive benefits described in paragraphs (B) and (C) a pro-rated portion of section V. the education award provided the member completed at least 15% of their term. Program director must submit written notification to health care providers and cancel health insurance within one week of the member’s exit date and submit written notification to NACCRRA (the CNCS child care) providers care provider and cancel child care.  (INSERT ADDITIONAL PROGRAM-SPECIFIC RELEASE FROM TERM OF SERVICE INFORMATION THAT IS SPECIFIC TO YOUR AGENCY OR AMERICORPS PROGRAM IF APPLICABLE OR REMOVE THIS FIELD. DO NOT ALTER OR REMOVE THE PREVIOUS LANGUAGE IN THIS SECTION.)