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 with the sale or distribution of a controlled substance. 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) 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 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 reason: 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.) If the member discontinues his/her term of service for any reason the member will cease to receive the benefits described in paragraph (A) of section VI. If the member discontinues his/her term of service due to compelling personal circumstances as described in paragraph (C) of section IX of this agreement, the member will receive a pro-rated portion of 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 the CNCS child 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.)

Appears in 1 contract

Samples: Americorps Member Contract

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RELEASE FROM TERMS OF SERVICE. A. The member understands that he/she may be released for the following two reasons: : a. For cause, as explained in paragraph (B)of B) of this section section b. For compelling personal circumstances as defined in paragraph (C)of C) of this section section B. 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 appropriate program official. . b. During the term of service the member has been convicted of a violent felony or with the sale or distribution of a controlled substance. . c. The member has committed a fourth offense in accordance with paragraph (E) of section VI of this agreement. d. The member has committed any of the offenses listed. e. The member has committed another serious breach that, in the judgment of the program directorstaff, would undermine the effectiveness of the Program. . C. The Program may release or suspend the member from the term of service for compelling personal circumstances if the member demonstrates that: : a. The member has a disability or serious illness that makes completing the term impossible. . b. There is a serious injury, illness, or death of a family member which makes completing the term unreasonably difficult or impossible for the member. . c. 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) or is enrolled in a program that includes in its approved objectives the promotion of employment among its members.. . d. 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. . D. Compelling personal circumstances which do not constitute leaving acceptable completion of the Program: : a. To enroll in school school b. 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. work c. Because of dissatisfaction with the Program Program E. The Program must may suspend the member’s term of service for the following reason: reasons: a. Unanticipated personal needs that result in missing days of service. b. Repreated failure to show up for service. c. Extended period of pre-determined personal time off. d. 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.) F. 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. G. 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 VI. V and will receive no portion of the education award or interest payments. H. If the member discontinues his/her term of service due to compelling personal circumstances as described in paragraph (C) of section IX VII of this agreement, the member will cease to receive benefits or may receive a pro-rated portion education awarded as described in paragraphs (B) and (C) of 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 the CNCS child 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.)section V.

Appears in 1 contract

Samples: Americorps Member Service Agreement

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 (B)of C) of this section section; or For compelling personal circumstances as defined in paragraph (C)of D) 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 with the sale or distribution of a controlled substance. ; The member Member has committed another multiple offenses in accordance with paragraph (F) of this section of the agreement; The Member has committed any of the offenses 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) work; 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 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 which do not constitute include leaving the Program: To enroll in school school; To obtain employment, other than in moving from welfare to work 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 Program. The Program must may suspend the memberMember’s term of service for the following reasonreasons: 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.) If During the member discontinues his/her term of service the Member has been convicted of a first offense of possession of a controlled substance. (If, however, the Member demonstrates that they have enrolled in an approved drug rehabilitation program, the Member may resume their 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 any reason violating the member rule of conduct provisions set forth in Section VI of this agreement 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 Program releases the Member for cause or for compelling personal circumstance, the Member will cease to receive the benefits described in paragraph paragraphs (A) of section VI. If the member discontinues his/her term of service due to compelling personal circumstances as described in paragraph and (C) of section IX of this agreementSection V. If the Program releases the Member for cause, the member 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 pro-rated portion of the prorated education award award, provided the member Member has completed at least 15% 15 percent of the hours needed to complete the term of service. A term that ends early, either for cause or for compelling personal 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 unemployment compensation upon completion of their termterm of service. Program director must submit written notification to health care providers Please note that AmeriCorps Members are not eligible for Unemployment insurance and cancel health insurance within one week of the member’s exit date and submit written notification cannot make claims for support. Pursuant to the CNCS child care provider AmeriCorps Provisions, Section B.11.div. (page 25) "The U.S. Department of 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 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.)Community Service Trust Act of 1993, Congress included the following provision: "

Appears in 1 contract

Samples: Member Service Agreement

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 with the sale or distribution of a controlled substance. 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) 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 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 reason: 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.) If the member discontinues his/her term of service for any reason the member will cease to receive the benefits described in paragraph (A) of section VI. If the member discontinues his/her term of service due to compelling personal circumstances as described in paragraph (C) of section IX of this agreement, the member will receive a pro-rated portion of 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 the CNCS child 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.)

Appears in 1 contract

Samples: Americorps Member Contract

RELEASE FROM TERMS OF SERVICE. A. The member Member understands that he/she may be released for the following two reasons: : 1. For cause, as explained in paragraph (B)of B) of this section section; or 2. For compelling personal circumstances as defined in paragraph (C)of C) of this section section. B. The Program will release the member Member for cause for the following reasons: : 1. The member Member has dropped out of the program without obtaining a release for compelling personal circumstances from the appropriate program official; 2. During the term of service the member Member has been convicted of a violent felony or with the sale or distribution of a controlled substance; 3. The member Member has committed another a fourth offense in accordance with paragraph (E) of section VII of this agreement; 4. The Member has committed any of the offenses listed in section VI of this agreement or any other serious breach that, that in the judgment of the program director, director of the Program would undermine the effectiveness of the Program. . C. The Program may release the member Member from the term of service for compelling personal circumstances if the member Member demonstrates through appropriate documentation that: : 1. The member Member has a disability or serious illness that makes completing the term impossible; 2. There is a serious injury, illness, or death of a family member which makes completing the term unreasonably difficult or impossible for the memberMember; 3. The member Member has military Military service obligations; 4. 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) 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 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. . D. Compelling personal circumstances which do not constitute include leaving the Program: : 1. To enroll in school school; 2. 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; or 3. Because of dissatisfaction with the Program Program. E. The Program must may suspend the memberMember’s term of service for the following reasonreasons: 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 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 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 section VI of this agreement. F. If the member Member discontinues his/her term of service for any reason other than a release for compelling personal circumstances as described in paragraph (C) and (D) of section VII, the member Member will cease to receive the benefits described in paragraph (A) of section VI. V and will receive no portion of the education award or interest payments. G. If the member Member discontinues his/her term of service due to compelling personal circumstances as described in paragraph (C) of section IX VII of this agreement, the member Member will cease to receive benefits described in section V. If the Member completes at least 15 percent of the required term of service, he/she is eligible for a pro-rated portion of 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 the CNCS child 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(2522.230).)

Appears in 1 contract

Samples: Service Agreement

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RELEASE FROM TERMS OF SERVICE. A. The member understands that he/she they may be released for the following two reasons: : a. For cause, as explained in paragraph (B)of B) of this section section b. For compelling personal circumstances as defined in paragraph (C)of C) of this section section B. 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 appropriate program official. . b. During the term of service the member has been convicted of a violent felony or with the sale or distribution of a controlled substance. . c. The member has committed another serious breach breach, including violating the rules of conduct, that, in the judgment of the program director, would undermine the effectiveness of the Program. . C. The Program may release the member from the term of service for compelling personal circumstances if the member demonstrates that: : a. The member has a disability or serious illness that makes completing the term impossible. . b. There is a serious injury, illness, or death of a family member which makes completing the term unreasonably difficult or impossible for the member. . c. The member has military service obligations. . d. 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) or is enrolled in a program that includes in its approved objectives the promotion of employment among its members.. . e. 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. . f. Requests for a release from the term of service for a compelling personal circumstance must be submitted in writing to NYC Service staff, including any back up documentation. D. Compelling personal circumstances which do not constitute leaving the Program: : a. To enroll in school school b. 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. . c. Because of dissatisfaction with the Program Program E. The Program must suspend the member’s term of service for the following reason: : 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. The member, however, will not receive back living allowances or credit for any service hours missed.) ) X. If the member discontinues his/her term of service for any reason the member will cease to receive the benefits described in paragraph (A) of section VI. . X. If the member discontinues his/her term of service due to compelling personal circumstances as described in paragraph (C) of section IX of this agreement, the member will receive a pro-rated portion of the education award provided the member completed at least 15% of their term. . H. Program director must will 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 the CNCS child 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. I. The Program may suspend or release the member from the term of service for cause for the additional reasons: a. During the term of service NYC Service receives a notification via background check system that the member is ineligible to serve vulnerable populations. b. The member chooses to stop reporting to assigned host site for any reason other than compelling personal circumstances as outlined in section IX paragraph (C). c. The member violates any of the member prohibited/unallowable activities or rule of conduct provisions set forth in section VII of this agreement. d. The host site releases a member for violating host site policies or any of the member prohibited/unallowable activities or rule of conduct provisions set forth in section VII of this agreement. e. The Program determines that the member will be unable to complete the required minimum number of hours noted in section IV paragraphs (B) by the service term end date noted in section IV paragraph (A).

Appears in 1 contract

Samples: Americorps Member Contract

RELEASE FROM TERMS OF SERVICE. A. The member understands that he/she may be released for the following two reasons: : a. For cause, as explained in paragraph (B)of B) of this section section b. For compelling personal circumstances as defined in paragraph (C)of C) of this section section B. 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 appropriate program official. . b. During the term of service the member has been convicted of a violent felony or with the sale or distribution of a controlled substance. . c. The member has committed a fourth offense in accordance with paragraph (E) of section VI of this agreement. d. The member has committed any of the offenses listed in sections VI and VII. e. The member has committed another serious breach that, in the judgment of the program director, would undermine the effectiveness of the Program. . C. The Program may release the member from the term of service for compelling personal circumstances if the member demonstrates that: : a. The member has a disability or serious illness that makes completing the term impossible. . b. There is a serious injury, illness, or death of a family member which makes completing the term unreasonably difficult or impossible for the member. . c. The member has military service obligations. . d. 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.. . e. 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. . D. Compelling personal circumstances which do not constitute leaving the Program: a. To enroll in school school b. 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. work c. Because of dissatisfaction with the Program Program E. The Program must may suspend the member’s term of service for the following reason: reasons: a. The member and program may change the term o service, in writing, due to compelling personal circumstances. b. During the term of service the member membe has been charged with a violent felony or the sale or distribution of a controlled substance. (If the he 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.) ) c. 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.) F. 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 sections VI and VII of this agreement. G. If the member discontinues his/her term of service for any reason other than a release for compelling personal circumstances as described in paragraph (C), (D), and (E), the member will cease to receive the benefits described in paragraph (A) of section VI. V and will receive no portion of the education award or interest payments. H. If the member discontinues his/her term of service due to compelling personal circumstances as described in paragraph (C) of section IX VIII of this agreement, the member will cease to receive a pro-rated portion benefits described in paragraphs (B) and (C) of the education award provided the member completed at least 15% of their term. section V. I. 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 the CNCS NACCRRA (child care provider care) providers 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.)

Appears in 1 contract

Samples: Americorps Member Service Agreement

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