Suspension or Termination by the University for Cause. The University shall have the right and option to either suspend Athletics Director for a period of time with or without pay or to terminate Athletics Director’s employment and this Agreement for cause prior to the termination date stated in Section 3 above. In the event this Agreement is terminated for cause, all obligations of the University to make further payment or provide any other consideration hereunder shall cease as of the date of termination. In no case shall the University be liable to Athletics Director for the loss of any collateral business opportunities, or any benefits, perquisites, income or consequential damages suffered by Athletics Director as a result of the University’s termination of his/her employment. In addition to its normally understood meaning in employment contracts, the term “cause” shall include, without limitation, any of the following: (1) Failure or refusal by Athletics Director to perform any of the obligations, duties or responsibilities outlined in Section 4 or any refusal or unwillingness to perform any of such obligations, duties or responsibilities in good faith and to the best of Athletics Director’s abilities; (2) A serious or major violation or a pattern of violations of any Governing Athletics Rules or University Rules, whether intentional or negligent, by Athletics Director, or the allowing or condoning, whether directly or by negligent supervision, of any such violation or pattern of violations, by Athletics Director or any coaching staff or other person under Athletics Director’s supervision and direction, including student-athletes in the Program, in which this violation was known (or reasonably should have been known) by Athletics Director in the course of his/her normal duties, and which may, in the sole judgment and discretion of the President, reflect adversely upon the University, its athletics program or The University of Texas System, including, without limitation, any violation which may result in the University being investigated or placed on probation by the NCAA or the Conference;
Appears in 3 contracts
Samples: Athletics Director Employment Agreement, Athletics Director Employment Agreement, Athletics Director Employment Agreement
Suspension or Termination by the University for Cause. The University shall have the right and option to either suspend Athletics Director Assistant Coach for a period of time with or without pay or to terminate Athletics DirectorAssistant Coach’s employment and this Agreement for cause prior to the termination date stated in Section 3 above. In the event this Agreement is terminated for cause, all obligations of the University to make further payment or provide any other consideration hereunder shall cease as of the date of termination. In no case shall the University be liable to Athletics Director Assistant Coach for the loss of any collateral business opportunities, or any benefits, perquisites, income or consequential damages suffered by Athletics Director Assistant Coach as a result of the University’s termination of his/her employment. In addition to its normally understood meaning in employment contracts, the term “cause” shall include, without limitation, any of the following:
(1) Failure or refusal by Athletics Director Assistant Coach to perform any of the obligations, duties or responsibilities outlined in Section 4 or any refusal or unwillingness to perform any of such obligations, duties or responsibilities in good faith and to the best of Athletics DirectorAssistant Coach’s abilities;
(2) A serious or major violation or a pattern of violations violations, whether intentional or negligent, by Assistant Coach of any Governing Athletics Rules or University Rules, whether intentional or negligent, by Athletics Director, or the allowing or condoning, whether directly or by negligent supervision, of any such which violation or pattern of violations, by Athletics Director or any coaching staff or other person under Athletics Director’s supervision and direction, including student-athletes in the Program, in which this violation was known (or reasonably should have been known) by Athletics Director in the course of his/her normal duties, and which may, in the sole judgment and discretion of the PresidentAthletics Director, reflect adversely upon the University, its athletics program program, or The University of Texas System, including, without limitationbut not limited to, any violation which may result in the University being investigated or placed on probation by the NCAA or the any Conference;
(3) Failure by Assistant Coach to report immediately to the Athletics Compliance staff, Head Coach and Athletics Director, as appropriate, any alleged violations of the Governing Athletics Rules or University Rules by Assistant Coach or other coaches, staff, student-athletes, or other persons, that become known to Assistant Coach;
(4) Failing or refusing to fully cooperate in an inquiry or investigation conducted by the University, The University of Texas System, the NCAA, the __________ Conference, or a law enforcement agency. This includes, but is not limited to, failing to provide information or documents in a timely manner in response to any reasonable requests by the University, The University of Texas System, the NCAA, the __________ Conference, or directing or otherwise instructing any coach, staff member, student-athlete or other person not to cooperate or comply with such an inquiry or investigation;
(5) Failure by Assistant Coach to immediately report to the University’s Title IX Coordinator or Deputy Title IX Coordinator, any information Head Coach knows relating to alleged or suspected sexual misconduct (including sexual harassment, sexual assault, dating violence or stalking);
(6) Any fraud or dishonesty by Assistant Coach while performing the duties required by this Agreement, including, but not limited to, falsifying, altering or otherwise fraudulently preparing any document(s) or record(s) of, or required by The University of Texas System, the University, the NCAA, or the Conference pertaining to the Program, recruits or student-athletes, transcripts, eligibility forms, compliance reports, expense reports, or any other document pertaining or related to any sanction of the Program;
(7) Any conduct, including acts or omissions, that misleads the University, the Head Coach, or the Athletics Director about any matters related to the Program;
(8) Any prolonged absence from the performance of Assistant Coach’s obligations, duties and responsibilities under this Agreement without prior consent of the Head Coach;
(9) Engaging in, assisting, encouraging, or soliciting others to engage in bookmaking, illegal gambling, or betting of any type involving any intercollegiate or professional athletic contest;
(10) Possession, use, sale, or manufacture of any narcotics, drugs, or other controlled substances or steroids or other chemicals in a manner which is prohibited by the University Rules or Governing Athletics Rules, or allowing, encouraging, or condoning the possession, use, sale, or manufacture of any narcotics, drugs, alcohol, controlled substances, steroids or other chemicals by any student-athlete in a manner which is prohibited by the University Rules or Governing Athletics Rules, or failure or refusal to fully participate and cooperate in the University’s implementation and enforcement of any narcotic, drug, alcohol, controlled substance, steroid, or other chemical testing program(s);
(11) Engaging in conduct that violates any Governing Athletics Rules or University Rules concerning (a) consensual relationships between employees and students or (b) sexual harassment;
(12) Any conduct (a) that the University administration reasonably determines is unbecoming to an assistant coach and reflects poorly on the University, the Program, or The University of Texas System; or (b) resulting in a criminal charge being brought against Assistant Coach involving a felony, or any crime involving theft, dishonesty, or moral turpitude; or
(13) Any cause adequate to sustain the termination of any regular staff employee of the University. The University shall have no obligation to use progressive discipline regarding Assistant Coach’s misconduct. Any University decision to utilize progressive discipline shall not create any future obligation for the University to use progressive discipline.
Appears in 3 contracts
Samples: Assistant Coach Employment Agreement, Assistant Coach Employment Agreement, Assistant Coach Employment Agreement
Suspension or Termination by the University for Cause. The University shall have the right and option to either suspend Athletics Director for a period of time with or without pay or to terminate Athletics Director’s employment and this Agreement for cause prior to the termination date stated in Section 3 2 above. In the event this Agreement is terminated for cause, all obligations of the University to make further payment or provide any other consideration hereunder shall cease as of the date of termination. In no case shall the University be liable to Athletics Director for the loss of any collateral business opportunities, or any benefits, perquisites, income or consequential damages suffered by Athletics Director as a result of the University’s termination of his/her employment. In addition to its normally understood meaning in employment contracts, the term “cause” shall include, without limitation, any of the following:
(1) Failure or refusal by Athletics Director to perform any of the obligations, duties or responsibilities outlined in Section 4 3 or any refusal or unwillingness to perform any of such obligations, duties or responsibilities in good faith and to the best of Athletics Director’s abilities;
(2) A serious or major violation or a pattern of violations of any Governing Athletics Rules or University Rules, whether intentional or negligent, by Athletics Director, or the allowing or condoning, whether directly or by negligent supervision, of any such violation or pattern of violations, by Athletics Director or any coaching staff or other person under Athletics Director’s supervision and direction, including student-athletes in the ProgramPrograms, in which this violation was known (or reasonably should have been known) by Athletics Director in the course of his/her normal duties, and which may, in the sole judgment and discretion of the President, reflect adversely upon the University, its athletics program or The University of Texas System, including, without limitation, any violation which may result in the University being investigated or placed on probation by the NCAA or the Conference;
Appears in 2 contracts
Samples: Athletics Director Employment Agreement, Athletics Director Employment Agreement
Suspension or Termination by the University for Cause. The University shall have the right and option to either suspend Athletics Athletic Director for a period of time with or without pay or to terminate Athletics Athletic Director’s employment and this Agreement for cause prior to the termination date stated in Section 3 above. In the event this Agreement is terminated for cause, all obligations of the University to make further payment or provide any other consideration hereunder shall cease as of the date of termination. In no case shall the University be liable to Athletics Athletic Director for the loss of any collateral business opportunities, or any benefits, perquisites, income or consequential damages suffered by Athletics Athletic Director as a result of the University’s termination of his/her employment. In addition to its normally understood meaning in employment contracts, the term “cause” shall include, without limitation, any of the following:
(1) Failure or refusal by Athletics Athletic Director to perform any of the obligations, duties or responsibilities outlined in Section 4 or any refusal or unwillingness to perform any of such obligations, duties or responsibilities in good faith and to the best of Athletics Athletic Director’s abilities;; or
(2) A serious or major violation or a pattern of violations, whether intentional or negligent, by Athletic Director of any Governing Athletic Rules or University Rules, which violation may, in the sole judgment and discretion of the President, reflect adversely upon the University, its athletics program, or The University of Texas System, including, but not limited to, any violation which may result in the University being investigated or placed on probation by the NCAA or any Conference; or
(3) A serious or major violation or a pattern of violations of any Governing Athletics Athletic Rules or University Rules, whether intentional or negligent, by Athletics Director, or the allowing or condoning, whether directly or by negligent supervision, of any such violation or pattern of violations, by Athletics Athletic Director or any coaching staff or other person under Athletics Athletic Director’s supervision and direction, including student-athletes in the Program, in which this violation was known (or reasonably should have been known) by Athletics Athletic Director in the course of his/her normal duties, and which may, in the sole judgment and discretion of the President, reflect adversely upon the University, its athletics program or The University of Texas System, including, without limitation, any violation which may result in the University being investigated or placed on probation by the NCAA or the Conference;; or
(4) Failure by Athletic Director to report immediately to the Compliance Coordinator any alleged violations of the Governing Athletic Rules or University Rules by Athletic Director or by members of Athletic Director’s coaching staffs, student-athletes, or other persons under Athletic Director’s direct control or authority that become known to Athletic Director; or
(5) Failing or refusing to provide information or documents in response to any reasonable requests or inquiries by the NCAA, the __________ Conference, or any other governing body concerning or related to the supervision of the Program; or directing or otherwise instructing any coach, student-athlete or any other individual to fail or to refuse to provide such information or documents; or
(6) Any fraud or dishonesty by Athletic Director while performing the duties required by this Agreement, including, but not limited to, falsifying, altering or otherwise fraudulently preparing any document(s) or record(s) of, or required by, The University of Texas System, the University, the NCAA, or the Conference pertaining to the Program, recruits or student-athletes, transcripts, eligibility forms, compliance reports, expense reports, or any other document pertaining or related to any sanction of the Program; or
(7) Any conduct, including acts or omissions, that misleads the University about any matters related to the University’s athletic programs, including matters related to any coaches or other staff members or any student-athletes; or
(8) Any prolonged absence from the performance of Athletic Director’s obligations, duties and responsibilities under this Agreement without prior consent of the __________ [insert title of individual to whom Athletic Director will report]; or
(9) Engaging in, assisting, encouraging, or soliciting others to engage in bookmaking, illegal gambling, or betting of any type involving any intercollegiate or professional athletic contest; or
(10) Possession, use, sale, or manufacture of any narcotics, drugs, or other controlled substances or steroids or other chemicals in a manner which is prohibited by the University Rules or Governing Athletic Rules, or allowing, encouraging, or condoning the possession, use, sale, or manufacture of any narcotics, drugs, alcohol, controlled substances, steroids or other chemicals by any student-athlete in a manner which is prohibited by the University Rules or Governing Athletic Rules, or failure or refusal to fully participate and cooperate in the University’s implementation and enforcement of any narcotic, drug, alcohol, controlled substance, steroid, or other chemical testing program(s); or
(11) Any conduct (a) that the University administration reasonably determines is unbecoming to the Athletic Director, or which reasonably brings into question the integrity of the Athletic Director, or that would render Athletic Director unfit to serve in the position of Director of Athletics and reflects poorly on the University, the Program, or The University of Texas System; or (b) resulting in a criminal charge being brought against Athletic Director involving a felony, or any crime involving theft, dishonesty, or moral turpitude; or
(12) Misconduct by assistant athletic directors or by a coach or by his/her staff of which the Athletic Director knew, had reason to know, or should have known through the exercise of reasonable diligence or which Athletic Director condoned, of such a nature, as reasonably determined in the discretion of the University administration, that would tend to bring disrespect, contempt or ridicule upon the University, the Program, or The University of Texas System, or which brings discredit to or which xxxxx the reputation of the University, the Program, or The University of Texas System; or
(13) Any cause adequate to sustain the termination of any regular staff employee of the University. The University shall have no obligation to use progressive discipline regarding Athletic Director’s misconduct. Any University decision to utilize progressive discipline shall not create any future obligation for the University to use progressive discipline.
Appears in 2 contracts
Samples: Athletic Director Employment Agreement, Athletic Director Employment Agreement
Suspension or Termination by the University for Cause. The University shall have the right and option to either suspend Athletics Athletic Director for a period of time with or without pay or to terminate Athletics Athletic Director’s employment and this Agreement for cause prior to the termination date stated in Section 3 2 above. In the event this Agreement is terminated for cause, all obligations of the University to make further payment or provide any other consideration hereunder shall cease as of the date of termination. In no case shall the University be liable to Athletics Athletic Director for the loss of any collateral business opportunities, or any benefits, perquisites, income or consequential damages suffered by Athletics Athletic Director as a result of the University’s termination of his/her employment. In addition to its normally understood meaning in employment contracts, the term “cause” shall include, without limitation, any of the following:
(1) Failure or refusal by Athletics Athletic Director to perform any of the obligations, duties or responsibilities outlined in Section 4 3 or any refusal or unwillingness to perform any of such obligations, duties or responsibilities in good faith and to the best of Athletics Athletic Director’s abilities;; or
(2) A serious or major violation or a pattern of violations of any Governing Athletics Athletic Rules or University Rules, whether intentional or negligent, by Athletics Director, or the allowing or condoning, whether directly or by negligent supervision, of any such violation or pattern of violations, by Athletics Athletic Director or any coaching staff or other person under Athletics Athletic Director’s supervision and direction, including student-athletes in the ProgramPrograms, in which this violation was known (or reasonably should have been known) by Athletics Athletic Director in the course of his/her normal duties, and which may, in the sole judgment and discretion of the President, reflect adversely upon the University, its athletics program or The University of Texas System, including, without limitation, any violation which may result in the University being investigated or placed on probation by the NCAA or the Conference;; or
(3) Failure by Athletic Director to report immediately to the Compliance Coordinator any alleged violations of the Governing Athletic Rules or University Rules by Athletic Director or by members of Athletic Director’s coaching staff, student-athletes, or other persons under Athletic Director’s direct control or authority that become known to Athletic Director; or
(4) Any conduct (a) that the University administration reasonably determines is unbecoming to the Athletic Director, or which reasonably brings into question the integrity of the Athletic Director, or that would render Athletic Director unfit to serve in the position of Director of Athletics and reflects poorly on the University, the Programs, or The University of Texas System; or (b) resulting in a criminal charge being brought against Athletic Director involving a felony, or any crime involving theft, dishonesty, or moral turpitude; or The University shall have no obligation to use progressive discipline regarding Athletic Director’s misconduct. Any University decision to utilize progressive discipline shall not create any future obligation for the University to use progressive discipline.
Appears in 2 contracts
Samples: Athletic Director Employment Agreement, Athletic Director Employment Agreement
Suspension or Termination by the University for Cause. The University shall have the right and option to either suspend Athletics Director for a period of time with or without pay or to terminate Athletics Director’s employment and this Agreement for cause prior to the termination date stated in Section 3 2 above. In the event this Agreement is terminated for cause, all obligations of the University to make further payment or provide any other consideration hereunder shall cease as of the date of termination. In no case shall the University be liable to Athletics Director for the loss of any collateral business opportunities, or any benefits, perquisites, income or consequential damages suffered by Athletics Director as a result of the University’s termination of his/her employment. In addition to its normally understood meaning in employment contracts, the term “cause” shall include, without limitation, any of the following:
(1) Failure or refusal by Athletics Director to perform any of the obligations, duties or responsibilities outlined in Section 4 3 or any refusal or unwillingness to perform any of such obligations, duties or responsibilities in good faith and to the best of Athletics Director’s abilities;; or
(2) A serious or major violation or a pattern of violations of any Governing Athletics Rules or University Rules, whether intentional or negligent, by Athletics Director, or the allowing or condoning, whether directly or by negligent supervision, of any such violation or pattern of violations, by Athletics Director or any coaching staff or other person under Athletics Director’s supervision and direction, including student-athletes in the ProgramPrograms, in which this violation was known (or reasonably should have been known) by Athletics Director in the course of his/her normal duties, and which may, in the sole judgment and discretion of the President, reflect adversely upon the University, its athletics program or The University of Texas System, including, without limitation, any violation which may result in the University being investigated or placed on probation by the NCAA or the Conference;; or
Appears in 2 contracts
Samples: Athletics Director Employment Agreement, Athletics Director Employment Agreement
Suspension or Termination by the University for Cause. The University shall have the right and option to either suspend Assistant Athletics Director for a period of time with or without pay or to terminate Assistant Athletics Director’s employment and this Agreement for cause prior to the termination date stated in Section 3 above. In the event this Agreement is terminated for cause, all obligations of the University to make further payment or provide any other consideration hereunder shall cease as of the date of termination. In no case shall the University be liable to Assistant Athletics Director for the loss of any collateral business opportunities, or any benefits, perquisites, income income, or consequential damages suffered by Assistant Athletics Director as a result of the University’s termination of his/her employment. In addition to its normally understood meaning in employment contracts, the term “cause” shall include, without limitation, any of the following:
(1) Failure or refusal by Assistant Athletics Director to perform any of the obligations, duties or responsibilities outlined in Section 4 or any refusal or unwillingness to perform any of such obligations, duties or responsibilities in good faith and to the best of Assistant Athletics Director’s abilities;
(2) A serious or major violation or a pattern of violations of any Governing Athletics Rules or University Rules, whether intentional or negligent, by Assistant Athletics Director, or the allowing or condoning, whether directly or by negligent supervision, of any such violation or pattern of violations, by Athletics Director or any coaching staff or other person under Assistant Athletics Director’s supervision and direction, including student-athletes in the Program, in which this violation was known (or reasonably should have been known) by Assistant Athletics Director in the course of his/her normal duties, and which may, in the sole judgment and discretion of the President, reflect adversely upon the University, its athletics program or The University of Texas System, including, without limitation, any violation which may result in the University being investigated or placed on probation by the NCAA or the Conference;
(3) Failure by Assistant Athletics Director to report immediately to the Athletics Compliance staff, the Athletics Director, and, when appropriate, to the President, any alleged violations of the Governing Athletics Rules or University Rules by Assistant Athletics Director or by any coaches, staff members, student-athletes, or other persons that become known to Assistant Athletics Director;
(4) Failing or refusing to fully cooperate in an inquiry or investigation conducted by the University, The University of Texas System, the NCAA, the __________ Conference, or a law enforcement agency. This includes, but is not limited to, failing to provide information or documents in a timely manner in response to any reasonable requests by the University, The University of Texas System, the NCAA, the __________ Conference, or directing or otherwise instructing any coach, staff member, student-athlete or other person not to cooperate or comply with such an inquiry or investigation;
(5) Failure by Assistant Athletics Director to immediately report to the University’s Title IX Coordinator or Deputy Title IX Coordinator, any information Assistant Athletics Director knows relating to alleged or suspected sexual misconduct (including sexual harassment, sexual assault, dating violence or stalking);
(6) Any fraud or dishonesty by Assistant Athletics Director while performing the duties required by this Agreement, including, but not limited to, falsifying, altering or otherwise fraudulently preparing any document(s) or record(s) of, or required by, The University of Texas System, the University, the NCAA, or the Conference pertaining to the Program, recruits or student-athletes, transcripts, eligibility forms, compliance reports, expense reports, or any other document pertaining or related to any sanction of the Program;
(7) Engaging in conduct that violates any Governing Athletics Rules or University Rules concerning (a) consensual relationships between employees and students, or (b) sexual harassment;
(8) Any conduct, including acts or omissions, that misleads the University about any matters related to the University’s athletics’ programs, including matters related to any coaches or other staff members or any student-athletes;
(9) Any prolonged absence from the performance of Assistant Athletics Director’s obligations, duties and responsibilities under this Agreement without prior consent of the Athletics Director;
(10) Engaging in, assisting, encouraging, or soliciting others to engage in bookmaking, illegal gambling, or betting of any type involving any intercollegiate or professional athletic contest;
(11) Possession, use, sale, or manufacture of any narcotics, drugs, or other controlled substances or steroids or other chemicals in a manner which is prohibited by the University Rules or Governing Athletics Rules, or allowing, encouraging, or condoning the possession, use, sale, or manufacture of any narcotics, drugs, alcohol, controlled substances, steroids or other chemicals by any student-athlete in a manner which is prohibited by the University Rules or Governing Athletics Rules, or failure or refusal to fully participate and cooperate in the University’s implementation and enforcement of any narcotic, drug, alcohol, controlled substance, steroid, or other chemical testing program(s);
(12) Any conduct (a) that the University administration reasonably determines is unbecoming to the Assistant Athletics Director, or which reasonably brings into question the integrity of the Assistant Athletics Director, or that would render Assistant Athletics Director unfit to serve in his/her position and reflects poorly on the University, the Program, or The University of Texas System; or (b) resulting in a criminal charge being brought against Assistant Athletics Director involving a felony, or any crime involving theft, dishonesty, or moral turpitude; or
(13) Any cause adequate to sustain the termination of any regular staff employee of the University. The University shall have no obligation to use progressive discipline regarding Assistant Athletics Director’s misconduct. Any University decision to utilize progressive discipline shall not create any future obligation for the University to use progressive discipline.
Appears in 2 contracts
Samples: Assistant Athletics Director Employment Agreement, Assistant Athletics Director Employment Agreement
Suspension or Termination by the University for Cause. The University shall have the right and option to either suspend Athletics Director Head Coach for a period of time with or without pay or to terminate Athletics DirectorHead Coach’s employment and this Agreement for cause prior to the termination date stated in Section 3 above. In the event this Agreement is terminated for cause, all obligations of the University to make further payment or provide any other consideration hereunder shall cease as of the date of termination. In no case shall the University be liable to Athletics Director Head Coach for the loss of any collateral business opportunities, or any benefits, perquisites, income or consequential damages suffered by Athletics Director Head Coach as a result of the University’s termination of his/her employment. In addition to its normally understood meaning in employment contracts, the term “cause” shall include, without limitation, any of the following:
(1) Failure or refusal by Athletics Director Head Coach to perform any of the obligations, duties or responsibilities outlined in Section 4 or any refusal or unwillingness to perform any of such obligations, duties or responsibilities in good faith and to the best of Athletics DirectorHead Coach’s abilities;
(2) A serious or major violation or a pattern of violations of any Governing Athletics Rules or University Rules, whether intentional or negligent, by Athletics DirectorHead Coach, or the allowing or condoning, whether directly or by negligent supervision, of any such violation or pattern of violations, by Athletics Director or any coaching staff or other person under Athletics DirectorHead Coach’s supervision and direction, including student-athletes in the Program, in which this violation was known (or reasonably should have been known) by Athletics Director Head Coach in the course of his/her normal duties, and which may, in the sole judgment and discretion of the PresidentAthletics Director, reflect adversely upon the University, its athletics program or The University of Texas System, including, without limitation, any violation which may result in the University being investigated or placed on probation by the NCAA or the Conference;
(3) Failure by Head Coach to report immediately to the Athletics Compliance staff and the Athletics Director, any alleged violations of the Governing Athletics Rules or University Rules by Head Coach or by any coaches, staff members, student-athletes, or other persons that become known to Head Coach;
(4) Failing or refusing to fully cooperate in an inquiry or investigation conducted by the University, The University of Texas System, the NCAA, the __________ Conference, or a law enforcement agency. This includes, but is not limited to, failing to provide information or documents in a timely manner in response to any reasonable requests by the University, The University of Texas System, the NCAA, the __________ Conference, or directing or otherwise instructing any coach, staff member, student-athlete or other person not to cooperate or comply with such an inquiry;
(5) Failure by Head Coach to immediately report to the University’s Title IX Coordinator or Deputy Title IX Coordinator any information Head Coach knows relating to alleged or suspected sexual misconduct (including sexual harassment, sexual assault, dating violence or stalking);
(6) Any fraud or dishonesty by Head Coach while performing the duties required by this Agreement, including, but not limited to, falsifying, altering or otherwise fraudulently preparing any document(s) or record(s) of, or required by The University of Texas System, the University, the NCAA, or the Conference pertaining to the Program, recruits, student-athletes, transcripts, eligibility forms, compliance reports, expense reports, or any other document pertaining or related to any sanction of the Program;
(7) Engaging in conduct that violates any Governing Athletics Rules or University Rules concerning (a) consensual relationships between employees and students or (b) sexual harassment;
(8) Any conduct, including acts or omissions, that misleads the University or the Athletics Director about any matters related to the Program, including matters related to the Head Coach, any assistant coaches, or other staff members or any student-athletes;
(9) Any prolonged absence from the performance of Head Coach’s obligations, duties and responsibilities under this Agreement without prior consent of the Athletics Director;
(10) Engaging in, assisting, encouraging, or soliciting others to engage in bookmaking, illegal gambling, or betting of any type involving any intercollegiate or professional athletic contest;
(11) Possession, use, sale, or manufacture of any narcotics, drugs, or other controlled substances or steroids or other chemicals in a manner which is prohibited by the University Rules or Governing Athletics Rules, or allowing, encouraging, or condoning the possession, use, sale, or manufacture of any narcotics, drugs, alcohol, controlled substances, steroids or other chemicals by any student-athlete in a manner which is prohibited by the University Rules or Governing Athletics Rules, or failure or refusal to fully participate and cooperate in the University’s implementation and enforcement of any narcotic, drug, alcohol, controlled substance, steroid, or other chemical testing program(s);
(12) Any conduct (a) that the University administration reasonably determines is unbecoming to a Head Coach and reflects poorly on the University, the Program, or The University of Texas System; or (b) resulting in a criminal charge being brought against Head Coach involving a felony, or any crime involving theft, dishonesty, or moral turpitude;
(13) Team APR, NCAA Graduate Success Rate, or other academic measure that causes the Program to be ineligible for a post-season tournament game and Head Coach has repeatedly exhibited, in the opinion of the Athletics Director, grossly negligent failure to create and support an atmosphere of academic success and accountability; or
(14) Any cause adequate to sustain the termination of any regular staff employee of the University. The University shall have no obligation to use progressive discipline regarding Head Coach’s misconduct. Any University decision to utilize progressive discipline shall not create any future obligation for the University to use progressive discipline.
Appears in 2 contracts
Samples: Head Coach Employment Agreement, Head Coach Employment Agreement
Suspension or Termination by the University for Cause. The University shall have the right and option to either suspend Athletics Director Coach for a period of time with or without pay or to terminate Athletics DirectorCoach’s employment and this Agreement for cause prior to the termination date expiration of the Term as stated in Section 3 above. In the event this Agreement is terminated for cause, all obligations of the University to make further payment or provide any other consideration hereunder shall cease as of the date of termination. In no case shall the University be liable to Athletics Director Coach for the loss of any collateral business opportunities, or any benefits, perquisites, income income, or consequential damages suffered by Athletics Director Coach as a result of the University’s termination of his/her his employment. In addition to its normally understood meaning in employment contracts, the The term “cause” shall include, without limitation, any of the followingincludes:
(1) Failure or refusal by Athletics Director Coach to perform any of the obligations, duties duties, or responsibilities outlined in Section 4 or any refusal or unwillingness to perform any of such obligations, duties duties, or responsibilities in good faith and to the best of Athletics DirectorCoach’s abilities;; provided, however, athletic success (wins and losses) in and of itself shall never constitute “cause” as the term is used in this Agreement; or
(2) A serious or major violation or a pattern of violations, whether intentional or negligent, by Coach of any Governing Athletics Rules or University Rules, which violation(s) may, in the sole judgment and discretion of the University President and the Men’s Athletics Director, reflect adversely in a material way upon the University or the Program; or
(3) A serious or major violation or a pattern of violations of any Governing Athletics Rules or University Rules, whether intentional or negligent, by Athletics Director, or the allowing or condoning, whether directly or by negligent supervision, of any such violation or pattern of violations, by Athletics Director or any coaching staff or other person under Athletics DirectorCoach’s supervision and direction, including student-athletes in the Program, in which this violation was known (or reasonably should have been known) by Athletics Director Coach in the course of his/her his normal duties, and which may, in the sole judgment and discretion of the PresidentUniversity President and the Men’s Athletics Director, reflect adversely in a material way upon the University, its athletics program Athletics programs, or The University of Texas System, including, without limitation, any violation which may result in the University being investigated or placed on probation penalized by the NCAA or the Conference;Big 12; or
(4) Failure by Coach to report promptly to the Men’s Athletics Director, any alleged violations of the Governing Athletics Rules or University Rules by Coach or by members of Coach’s coaching staff, student-athletes, or other persons under Coach’s direct control or authority that become known to Coach; or
(5) Failure or refusal to provide information or documents in response to any reasonable requests or inquiries by the NCAA, the Big 12, the University, or any other governing body concerning or related to the supervision of the Program, or directing or otherwise instructing any coach, student-athlete, or any other individual to fail or to refuse to provide such information or documents; or
(6) Any fraud or dishonesty by Coach while performing the duties required by this Agreement, including, but not limited to, falsifying, altering, or otherwise fraudulently preparing any document(s) or record(s) of, or required by The University of Texas System, the University, the NCAA, or the Big 12 pertaining to the Program, including recruits or student-athletes, transcripts, eligibility forms, compliance reports, expense reports, or any other pertinent document; or
(7) Any conduct, including acts or omissions, that misleads in a material way the University or the Men’s Athletics Director about any matters related to the Program, including matters related to the Coach, any assistant coaches, other staff members, or any student-athletes; or
(8) Any prolonged absence from the performance of Coach’s obligations, duties, and responsibilities under this Agreement without prior consent of the Men’s Athletics Director; or
(9) Engaging in, assisting, encouraging, or soliciting others to engage in bookmaking, illegal gambling, or betting of any type involving any intercollegiate or professional athletics contest; or
(10) Possession, use, sale, or manufacture of any narcotics, drugs, or other controlled substances, steroids, or other chemicals in a manner that is prohibited by the University Rules or Governing Athletics Rules, or allowing, encouraging, or condoning the possession, use, sale, or manufacture of any narcotics, drugs, alcohol, controlled substances, steroids, or other chemicals by any student-athlete in a manner that is prohibited by the University Rules or Governing Athletics Rules, or failure or refusal to fully participate and cooperate in the University’s implementation and enforcement of any narcotic, drug, alcohol, controlled substance, steroid, or other chemical educational and/or testing program(s); or
(11) Engaging in conduct that violates any Governing Athletics Rules or University Rules concerning (a) prohibition of consensual relationships between employees and students or (b) sexual harassment; or
(12) Any conduct (a) that the University administration reasonably determines is unbecoming to a head coach, or that reasonably brings into question the integrity of Coach in a material way, or that would render Coach unfit to serve in the position of Head Football Coach; or (b) resulting in a criminal charge being brought against Coach involving a felony, or any crime involving theft, dishonesty, or moral turpitude; or
(13) Team APR, NCAA Graduate Success Rate, or other academic measure causes the Program to be ineligible for a post-season game and Coach has repeatedly exhibited, in the reasonable and good faith opinion of the Men’s Athletics Director, grossly negligent failure to create and support an atmosphere of academic success and accountability. The University shall have no obligation to use progressive discipline regarding Coach’s misconduct. If the University is considering terminating this Agreement for cause under this Section 7, it shall give Coach an opportunity to explain the circumstances from his point of view before a final decision to terminate, unless the circumstances are so heinous that, in the University’s judgment, it would be impossible for Coach to justify his actions. If the University decides to terminate this Agreement for cause under this Section 7, it shall give written notice to Coach of its intention to so terminate this Agreement. Any University decision to utilize progressive discipline shall not create any future obligation for the University to use progressive discipline.
Appears in 2 contracts
Samples: Restated Head Football Coach Employment Agreement, Employment Agreement
Suspension or Termination by the University for Cause. The University shall have the right and option to either suspend Athletics Director Associate Head Coach for a period of time with or without pay or to terminate Athletics DirectorAssociate Head Coach’s employment and this Agreement for cause prior to the termination date stated in Section 3 above. In the event this Agreement is terminated for cause, all obligations of the University to make further payment or provide any other consideration hereunder shall cease as of the date of termination. In no case shall the University be liable to Athletics Director Associate Head Coach for the loss of any collateral business opportunities, or any benefits, perquisites, income or consequential damages suffered by Athletics Director Associate Head Coach as a result of the University’s termination of his/her employment. In addition to its normally understood meaning in employment contracts, the term “cause” shall include, without limitation, any of the following:
(1) Failure or refusal by Athletics Director Associate Head Coach to perform any of the obligations, duties or responsibilities outlined in Section 4 or any refusal or unwillingness to perform any of such obligations, duties or responsibilities in good faith and to the best of Athletics DirectorAssociate Head Coach’s abilities;
(2) A serious or major violation or a pattern of violations of any Governing Athletics Rules or University Rules, whether intentional or negligent, by Athletics DirectorAssociate Head Coach, or the allowing or condoning, whether directly or by negligent supervision, of any such violation or pattern of violations, by Athletics Director or any coaching staff or other person under Athletics DirectorAssociate Head Coach’s supervision and direction, including student-athletes in the Program, in which this violation was known (or reasonably should have been known) by Athletics Director Associate Head Coach in the course of his/her normal duties, and which may, in the sole judgment and discretion of the PresidentAthletics Director, reflect adversely upon the University, its athletics program Athletics Department or The University of Texas System, including, without limitation, any violation which may result in the University being investigated or placed on probation by the NCAA or the Conference;
(3) Failure by Associate Head Coach to report immediately to the Athletics Compliance staff, Head Coach, and Athletics Director, as appropriate, any alleged violations of the Governing Athletics Rules or University Rules by Associate Head Coach, other coaches, staff, student-athletes or other persons, that become known to Associate Head Coach;
(4) Failing or refusing to fully cooperate in an inquiry or investigation conducted by the University, The University of Texas System, the NCAA, the __________ Conference, or a law enforcement agency. This includes, but is not limited to, failing to provide information or documents in a timely manner in response to any reasonable requests by the University, The University of Texas System, the NCAA, the __________ Conference, or directing or otherwise instructing any coach, staff member, student-athlete or other person not to cooperate or comply with such an inquiry or investigation;
(5) Failure by Associate Head Coach to immediately report to the University’s Title IX Coordinator or Deputy Title IX Coordinator, any information Associate Head Coach knows relating to alleged or suspected sexual misconduct (including sexual harassment, sexual assault, dating violence or stalking);
(6) Any fraud or dishonesty by Associate Head Coach while performing the duties required by this Agreement, including, but not limited to, falsifying, altering or otherwise fraudulently preparing any document(s) or record(s) of, or required by The University of Texas System, the University, the NCAA or the Conference pertaining to the Program, recruits or student-athletes, transcripts, eligibility forms, compliance reports, expense reports, or any other document pertaining or related to any sanction of the Program;
(7) Any conduct, including acts or omissions, that misleads the University or the Athletics Director about any matters related to the Program, including matters related to the Head Coach, Associate Head Coach, any assistant coaches or other staff members or any student-athletes;
(8) Any prolonged absence from the performance of Associate Head Coach’s obligations, duties and responsibilities under this Agreement without prior consent of the Athletics Director;
(9) Engaging in, assisting, encouraging, or soliciting others to engage in bookmaking, illegal gambling, or betting of any type involving any intercollegiate or professional athletic contest;
(10) Possession, use, sale, or manufacture of any narcotics, drugs, or other controlled substances or steroids or other chemicals in a manner which is prohibited by the University Rules or Governing Athletics Rules, or allowing, encouraging, or condoning the possession, use, sale, or manufacture of any narcotics, drugs, alcohol, controlled substances, steroids or other chemicals by any student-athlete in a manner which is prohibited by the University Rules or Governing Athletics Rules, or failure or refusal to fully participate and cooperate in the University’s implementation and enforcement of any narcotic, drug, alcohol, controlled substance, steroid, or other chemical testing program(s);
(11) Engaging in conduct that violates any Governing Athletics Rules or University Rules concerning (a) consensual relationships between employees and students or (b) sexual harassment;
(12) Any conduct (a) that the University administration reasonably determines is unbecoming to an Associate Head Coach and reflects poorly on the University, the Program, or The University of Texas System; or (b) resulting in a criminal charge being brought against Associate Head Coach involving a felony, or any crime involving theft, dishonesty, or moral turpitude; or
(13) Any cause adequate to sustain the termination of any regular staff employee of the University. The University shall have no obligation to use progressive discipline regarding Associate Head Coach’s misconduct. Any University decision to utilize progressive discipline shall not create any future obligation for the University to use progressive discipline.
Appears in 2 contracts
Samples: Associate Head Coach Employment Agreement, Associate Head Coach Employment Agreement
Suspension or Termination by the University for Cause. The University shall have the right and option to either suspend Athletics Director for a period of time with or without pay or to terminate Athletics Director’s employment and this Agreement for cause prior to the termination date stated in Section 3 above. In the event this Agreement is terminated for cause, all obligations of the University to make further payment or provide any other consideration hereunder shall cease as of the date of termination. In no case shall the University be liable to Athletics Director for the loss of any collateral business opportunities, or any benefits, perquisites, income or consequential damages suffered by Athletics Director as a result of the University’s termination of his/her employment. In addition to its normally understood meaning in employment contracts, the term “cause” shall include, without limitation, any of the following:
(1) Failure or refusal by Athletics Director to perform any of the obligations, duties or responsibilities outlined in Section 4 or any refusal or unwillingness to perform any of such obligations, duties or responsibilities in good faith and to the best of Athletics Director’s abilities;; or
(2) A serious or major violation or a pattern of violations, whether intentional or negligent, by Athletics Director of any Governing Athletics Rules or University Rules, which violation may, in the sole judgment and discretion of the President, reflect adversely upon the University, its athletics program, or The University of Texas System, including, but not limited to, any violation which may result in the University being investigated or placed on probation by the NCAA or any Conference; or
(3) A serious or major violation or a pattern of violations of any Governing Athletics Rules or University Rules, whether intentional or negligent, by Athletics Director, or the allowing or condoning, whether directly or by negligent supervision, of any such violation or pattern of violations, by Athletics Director or any coaching staff or other person under Athletics Director’s supervision and direction, including student-athletes in the Program, in which this violation was known (or reasonably should have been known) by Athletics Director in the course of his/her normal duties, and which may, in the sole judgment and discretion of the President, reflect adversely upon the University, its athletics program or The University of Texas System, including, without limitation, any violation which may result in the University being investigated or placed on probation by the NCAA or the Conference;; or
(4) Failure by Athletics Director to report immediately to the Athletics Compliance staff any alleged violations of the Governing Athletics Rules or University Rules by Athletics Director or by members of Athletics Director’s coaching staffs, student-athletes, or other persons under Athletics Director’s direct control or authority that become known to Athletics Director; or
(5) Failing or refusing to provide information or documents in response to any reasonable requests or inquiries by the NCAA, the __________ Conference, or any other governing body concerning or related to the supervision of the Program; or directing or otherwise instructing any coach, student-athlete or any other individual to fail or to refuse to provide such information or documents; or
(6) Any fraud or dishonesty by Athletics Director while performing the duties required by this Agreement, including, but not limited to, falsifying, altering or otherwise fraudulently preparing any document(s) or record(s) of, or required by, The University of Texas System, the University, the NCAA, or the Conference pertaining to the Program, recruits or student-athletes, transcripts, eligibility forms, compliance reports, expense reports, or any other document pertaining or related to any sanction of the Program; or
(7) Any conduct, including acts or omissions, that misleads the University about any matters related to the University’s athletic programs, including matters related to any coaches or other staff members or any student-athletes; or
(8) Any prolonged absence from the performance of Athletics Director’s obligations, duties and responsibilities under this Agreement without prior consent of the President; or
(9) Engaging in, assisting, encouraging, or soliciting others to engage in bookmaking, illegal gambling, or betting of any type involving any intercollegiate or professional athletic contest; or
(10) Possession, use, sale, or manufacture of any narcotics, drugs, or other controlled substances or steroids or other chemicals in a manner which is prohibited by the University Rules or Governing Athletics Rules, or allowing, encouraging, or condoning the possession, use, sale, or manufacture of any narcotics, drugs, alcohol, controlled substances, steroids or other chemicals by any student-athlete in a manner which is prohibited by the University Rules or Governing Athletics Rules, or failure or refusal to fully participate and cooperate in the University’s implementation and enforcement of any narcotic, drug, alcohol, controlled substance, steroid, or other chemical testing program(s); or
(11) Any conduct (a) that the University administration reasonably determines is unbecoming to the Athletics Director, or which reasonably brings into question the integrity of the Athletics Director, or that would render Athletics Director unfit to serve in the position of Director of Athletics and reflects poorly on the University, the Program, or The University of Texas System; or (b) resulting in a criminal charge being brought against Athletics Director involving a felony, or any crime involving theft, dishonesty, or moral turpitude; or
(12) Misconduct by assistant Athletics Directors or by a coach or by his/her staff of which the Athletics Director knew, had reason to know, or should have known through the exercise of reasonable diligence or which Athletics Director condoned, of such a nature, as reasonably determined in the discretion of the University administration, that would tend to bring disrespect, contempt or ridicule upon the University, the Program, or The University of Texas System, or which brings discredit to or which xxxxx the reputation of the University, the Program, or The University of Texas System; or
(13) Any cause adequate to sustain the termination of any regular staff employee of the University. The University shall have no obligation to use progressive discipline regarding Athletics Director’s misconduct. Any University decision to utilize progressive discipline shall not create any future obligation for the University to use progressive discipline.
Appears in 1 contract
Suspension or Termination by the University for Cause. The University shall have the right and option to either suspend Athletics Director Head Coach for a period of time with or without pay or to terminate Athletics DirectorHead Coach’s employment and this Agreement for cause prior to the termination date stated in Section 3 above. In the event this Agreement is terminated for cause, all obligations of the University to make further payment or provide any other consideration hereunder shall cease as of the date of termination. In no case shall the University be liable to Athletics Director Head Coach for the loss of any collateral business opportunities, or any benefits, perquisites, income or consequential damages suffered by Athletics Director Head Coach as a result of the University’s termination of his/her employment. In addition to its normally understood meaning in employment contracts, the term “cause” shall include, without limitation, any of the following:
(1) Failure or refusal by Athletics Director Head Coach to perform any of the obligations, duties or responsibilities outlined in Section 4 or any refusal or unwillingness to perform any of such obligations, duties or responsibilities in good faith and to the best of Athletics DirectorHead Coach’s abilities;; or
(2) A serious or major violation or a pattern of violations, whether intentional or negligent, by Head Coach of any Governing Athletics Rules or University Rules, which violation may, in the sole judgment and discretion of the Athletics Director, reflect adversely upon the University, its athletics program, or The University of Texas System, including, but not limited to, any violation which may result in the University being investigated or placed on probation by the NCAA or any Conference; or
(3) A serious or major violation or a pattern of violations of any Governing Athletics Rules or University Rules, whether intentional or negligent, by Athletics Director, or the allowing or condoning, whether directly or by negligent supervision, of any such violation or pattern of violations, by Athletics Director or any coaching staff or other person under Athletics DirectorHead Coach’s supervision and direction, including student-athletes in the Program, in which this violation was known (or reasonably should have been known) by Athletics Director Head Coach in the course of his/her normal duties, and which may, in the sole judgment and discretion of the PresidentAthletics Director, reflect adversely upon the University, its athletics program or The University of Texas System, including, without limitation, any violation which may result in the University being investigated or placed on probation by the NCAA or the Conference;; or
(4) Failure by Head Coach to report immediately to the Athletics Compliance staff and, when appropriate, to the Athletics Director, any alleged violations of the Governing Athletics Rules or University Rules by Head Coach or by members of Head Coach’s coaching staff, student-athletes, or other persons under Head Coach’s direct control or authority that become known to Head Coach; or
(5) Failing or refusing to provide information or documents in response to any reasonable requests or inquiries by the NCAA, the __________ Conference, or any other governing body concerning or related to the supervision of the Program, or directing or otherwise instructing any coach, student-athlete or any other individual to fail or to refuse to provide such information or documents; or
(6) Any fraud or dishonesty by Head Coach while performing the duties required by this Agreement, including, but not limited to, falsifying, altering or otherwise fraudulently preparing any document(s) or record(s) of, or required by The University of Texas System, the University, the NCAA, or the Conference pertaining to the Program, recruits or student-athletes, transcripts, eligibility forms, compliance reports, expense reports, or any other document pertaining or related to any sanction of the Program; or
(7) Any conduct, including acts or omissions, that misleads the University or the Athletics Director about any matters related to the Program, including matters related to the Head Coach, any assistant coaches or other staff members or any student-athletes; or
(8) Any prolonged absence from the performance of Head Coach’s obligations, duties and responsibilities under this Agreement without prior consent of the Athletics Director; or
(9) Engaging in, assisting, encouraging, or soliciting others to engage in bookmaking, illegal gambling, or betting of any type involving any intercollegiate or professional athletic contest; or
(10) Possession, use, sale, or manufacture of any narcotics, drugs, or other controlled substances or steroids or other chemicals in a manner which is prohibited by the University Rules or Governing Athletics Rules, or allowing, encouraging, or condoning the possession, use, sale, or manufacture of any narcotics, drugs, alcohol, controlled substances, steroids or other chemicals by any student-athlete in a manner which is prohibited by the University Rules or Governing Athletics Rules, or failure or refusal to fully participate and cooperate in the University’s implementation and enforcement of any narcotic, drug, alcohol, controlled substance, steroid, or other chemical testing program(s); or
(11) Engaging in conduct that violates any Governing Athletics Rules or University Rules concerning (a) consensual relationships between employees and students or (b) sexual harassment; or
(12) Any conduct (a) that the University administration reasonably determines is unbecoming to a Head Coach and reflects poorly on the University, the Program, or The University of Texas System; or (b) resulting in a criminal charge being brought against Head Coach involving a felony, or any crime involving theft, dishonesty, or moral turpitude; or
(13) Any cause adequate to sustain the termination of any regular staff employee of the University. The University shall have no obligation to use progressive discipline regarding Head Coach’s misconduct. Any University decision to utilize progressive discipline shall not create any future obligation for the University to use progressive discipline.
Appears in 1 contract
Samples: Head Coach Employment Agreement
Suspension or Termination by the University for Cause. The University shall have the right and option to either suspend Assistant Athletics Director for a period of time with or without pay or to terminate Assistant Athletics Director’s employment and this Agreement for cause prior to the termination date stated in Section 3 2 above. In the event this Agreement is terminated for cause, all obligations of the University to make further payment or provide any other consideration hereunder shall cease as of the date of termination. In no case shall the University be liable to Assistant Athletics Director for the loss of any collateral business opportunities, or any benefits, perquisites, income income, or consequential damages suffered by Assistant Athletics Director as a result of the University’s termination of his/her employment. In addition to its normally understood meaning in employment contracts, the term “cause” shall include, without limitation, any of the following:
(1) Failure or refusal by Assistant Athletics Director to perform any of the obligations, duties or responsibilities outlined in Section 4 3 or any refusal or unwillingness to perform any of such obligations, duties or responsibilities in good faith and to the best of Assistant Athletics Director’s abilities;; or
(2) A serious or major violation or a pattern of violations of any Governing Athletics Rules or University Rules, whether intentional or negligent, by Assistant Athletics Director, or the allowing or condoning, whether directly or by negligent supervision, of any such violation or pattern of violations, by Athletics Director or any coaching staff or other person under Assistant Athletics Director’s supervision and direction, including student-athletes in the ProgramPrograms, in which this violation was known (or reasonably should have been known) by Assistant Athletics Director in the course of his/her normal duties, and which may, in the sole judgment and discretion of the President, reflect adversely upon the University, its athletics program or The University of Texas System, including, without limitation, any violation which may result in the University being investigated or placed on probation by the NCAA or the Conference; or
(3) Failure by Assistant Athletics Director to report immediately to the Athletics Compliance staff, Athletics Director, and, when appropriate, to the President, any alleged violations of the Governing Athletics Rules or University Rules by any coaching staff, student-athletes, or other persons that become known to Assistant Athletics Director; or
(4) Failing or refusing to fully cooperate in an inquiry or investigation conducted by the University, The University of Texas System, the NCAA, the __________ Conference, or a law enforcement agency. This includes, but is not limited to, failing to provide information or documents in a timely manner in response to any reasonable requests by the University, The University of Texas System, the NCAA, the __________ Conference, or directing or otherwise instructing any coach, staff member, student-athlete or other person not to cooperate or comply with such an inquiry or investigation;
(5) Failure by Assistant Athletics Director to immediately report to the University’s Title IX Coordinator or Athletics Department’s Senior Woman Administrator, or law enforcement in the case of an emergency situation, any information Assistant Athletics Director knows relating to alleged or suspected illegal gender discrimination, sexual harassment, sexual assault, sexual exploitation, or intimate partner violence;
(6) Any fraud or dishonesty by Assistant Athletics Director while performing the duties required by this Agreement, including, but not limited to, falsifying, altering or otherwise fraudulently preparing any document(s) or record(s) of, or required by, The University of Texas System, the University, the NCAA, or the Conference pertaining to the Program, recruits or student-athletes, transcripts, eligibility forms, compliance reports, expense reports, or any other document pertaining or related to any sanction of the Program;
(7) Engaging in conduct that violates any Governing Athletics Rules or University Rules concerning (a) consensual relationships between employees and students, or (b) sexual harassment;
(8) Any conduct, including acts or omissions, that misleads the University about any matters related to the University’s athletics’ programs, including matters related to any coaches or other staff members or any student-athletes;
(9) Any conduct (a) that the University administration reasonably determines is unbecoming to the Assistant Athletics Director, or which reasonably brings into question the integrity of the Assistant Athletics Director, or that would render Assistant Athletics Director unfit to serve in his/her position and reflects poorly on the University, the Programs, or The University of Texas System; or (b) resulting in a criminal charge being brought against Assistant Athletics Director involving a felony, or any crime involving theft, dishonesty, or moral turpitude; or
(10) Any cause adequate to sustain the termination of any regular staff employee of the University. The University shall have no obligation to use progressive discipline regarding Assistant Athletics Director’s misconduct. Any University decision to utilize progressive discipline shall not create any future obligation for the University to use progressive discipline.
Appears in 1 contract
Suspension or Termination by the University for Cause. The University shall have the right and option to either suspend Assistant Athletics Director for a period of time with or without pay or to terminate Assistant Athletics Director’s employment and this Agreement for cause prior to the termination date stated in Section 3 2 above. In the event this Agreement is terminated for cause, all obligations of the University to make further payment or provide any other consideration hereunder shall cease as of the date of termination. In no case shall the University be liable to Assistant Athletics Director for the loss of any collateral business opportunities, or any benefits, perquisites, income income, or consequential damages suffered by Assistant Athletics Director as a result of the University’s termination of his/her employment. In addition to its normally understood meaning in employment contracts, the term “cause” shall include, without limitation, any of the following:
(1) Failure or refusal by Assistant Athletics Director to perform any of the obligations, duties or responsibilities outlined in Section 4 3 or any refusal or unwillingness to perform any of such obligations, duties or responsibilities in good faith and to the best of Assistant Athletics Director’s abilities;
(2) A serious or major violation or a pattern of violations of any Governing Athletics Rules or University Rules, whether intentional or negligent, by Assistant Athletics Director, or the allowing or condoning, whether directly or by negligent supervision, of any such violation or pattern of violations, by Athletics Director or any coaching staff or other person under Assistant Athletics Director’s supervision and direction, including student-athletes in the ProgramPrograms, in which this violation was known (or reasonably should have been known) by Assistant Athletics Director in the course of his/her normal duties, and which may, in the sole judgment and discretion of the President, reflect adversely upon the University, its athletics program or The University of Texas System, including, without limitation, any violation which may result in the University being investigated or placed on probation by the NCAA or the Conference;
(3) Failure by Assistant Athletics Director to report immediately to the Athletics Compliance staff, Athletics Director, and, when appropriate, to the President, any alleged violations of the Governing Athletics Rules or University Rules by any coaching staff, student-athletes, or other persons that become known to Assistant Athletics Director;
(4) Failing or refusing to fully cooperate in an inquiry or investigation conducted by the University, The University of Texas System, the NCAA, the __________ Conference, or a law enforcement agency. This includes, but is not limited to, failing to provide information or documents in a timely manner in response to any reasonable requests by the University, The University of Texas System, the NCAA, the __________ Conference, or directing or otherwise instructing any coach, staff member, student-athlete or other person not to cooperate or comply with such an inquiry or investigation;
(5) Failure by Assistant Athletics Director to immediately report to the University’s Title IX Coordinator or Deputy Title IX Coordinator any information Assistant Athletics Director knows relating to alleged or suspected sexual misconduct (including sexual harassment, sexual assault, dating violence or stalking);
(6) Any fraud or dishonesty by Assistant Athletics Director while performing the duties required by this Agreement, including, but not limited to, falsifying, altering or otherwise fraudulently preparing any document(s) or record(s) of, or required by, The University of Texas System, the University, the NCAA, or the Conference pertaining to the Program, recruits or student-athletes, transcripts, eligibility forms, compliance reports, expense reports, or any other document pertaining or related to any sanction of the Program;
(7) Engaging in conduct that violates any Governing Athletics Rules or University Rules concerning (a) consensual relationships between employees and students, or (b) sexual harassment;
(8) Any conduct, including acts or omissions, that misleads the University about any matters related to the University’s athletics’ programs, including matters related to any coaches or other staff members or any student-athletes;
(9) Any conduct (a) that the University administration reasonably determines is unbecoming to the Assistant Athletics Director, or which reasonably brings into question the integrity of the Assistant Athletics Director, or that would render Assistant Athletics Director unfit to serve in his/her position and reflects poorly on the University, the Programs, or The University of Texas System; or (b) resulting in a criminal charge being brought against Assistant Athletics Director involving a felony, or any crime involving theft, dishonesty, or moral turpitude; or
(10) Any cause adequate to sustain the termination of any regular staff employee of the University. The University shall have no obligation to use progressive discipline regarding Assistant Athletics Director’s misconduct. Any University decision to utilize progressive discipline shall not create any future obligation for the University to use progressive discipline.
Appears in 1 contract
Suspension or Termination by the University for Cause. The University shall have the right and option to either suspend Vice President and Athletics Director for a period of time with or without pay or to terminate Vice President and Athletics Director’s employment and this Agreement for cause prior to the termination date stated in Section 3 above. In the event this Agreement is terminated for cause, all obligations of the University to make further payment or provide any other consideration hereunder shall cease as of the date of termination. In no case shall the University be liable to Vice President and Athletics Director for the loss of any collateral business opportunities, or any benefits, perquisites, income or consequential damages suffered by Vice President and Athletics Director as a result of the University’s termination of his/her his employment. In addition to its normally understood meaning in employment contracts, the term “cause” shall include, without limitation, any of the following:
(1) Failure or refusal by Vice President and Athletics Director to perform any of the obligations, duties or responsibilities outlined in Section 4 or any refusal or unwillingness to perform any of such obligations, duties or responsibilities in good faith and to the best of Vice President and Athletics Director’s abilities;
(2) A serious or major violation or a pattern of violations of any Governing Athletics Rules or University Rules, whether intentional or negligent, by Vice President and Athletics Director, or the allowing or condoning, whether directly or by negligent supervision, of any such violation or pattern of violations, by Vice President and Athletics Director or any coaching staff or other person under Vice President and Athletics Director’s supervision and direction, including student-athletes in the Program, in which this violation was known (or reasonably should have been known) by Vice President and Athletics Director in the course of his/her his normal duties, and which may, in the sole judgment and discretion of the President, reflect adversely upon the University, its athletics program or The University of Texas System, including, without limitation, any violation which may result in the University being investigated or placed on probation by the NCAA or the ConferenceC- USA conference;
(3) Failure by Vice President and Athletics Director to report immediately to the Athletics Compliance staff, and, when appropriate, to the President, any alleged violations of the Governing Athletics Rules or University Rules by Vice President and Athletics Director or by any coaches, staff members, student-athletes, or other persons that become known to Vice President and Athletics Director;
(4) Failure by Vice President and Athletics Director to immediately report to the University’s Title IX Coordinator or Deputy Title IX Coordinator any information Vice President and Athletics Director knows relating to alleged or suspected sexual misconduct (including sexual harassment, sexual assault, dating violence or stalking);
(5) Failing or refusing to fully cooperate in an inquiry or investigation conducted by the University, The University of Texas System, NCAA, the C-USA conference, or a law enforcement agency. This includes, but is not limited to, failing to provide information or documents in a timely manner in response to any reasonable requests by the University, The University of Texas System, NCAA, the C-USA conference, or directing or otherwise instructing any coach, staff member, student-athlete or other person not to cooperate or comply with such an inquiry or investigation;
(6) Any fraud or dishonesty by Vice President and Athletics Director while performing the duties required by this Agreement, including, but not limited to, falsifying, altering or otherwise fraudulently preparing any document(s) or record(s) of, or required by, The University of Texas System, the University, the NCAA, or the C-USA conference pertaining to the Program, recruits or student-athletes, transcripts, eligibility forms, compliance reports, expense reports, or any other document pertaining or related to any sanction of the Program;
(7) Engaging in conduct that violates any Governing Athletics Rules or University Rules concerning (a) consensual relationships between employees and students, or (b) sexual harassment;
(8) Any conduct, including acts or omissions, that misleads the University about any matters related to the University’s athletic programs, including matters related to any coaches or other staff members or any student-athletes;
(9) Any prolonged absence from the performance of Vice President and Athletics Director’s obligations, duties and responsibilities under this Agreement without prior consent of the President;
(10) Engaging in, assisting, encouraging, or soliciting others to engage in bookmaking, illegal gambling, or betting of any type involving any intercollegiate or professional athletic contest;
(11) Possession, use, sale, or manufacture of any narcotics, drugs, or other controlled substances or steroids or other chemicals in a manner which is prohibited by the University Rules or Governing Athletics Rules, or allowing, encouraging, or condoning the possession, use, sale, or manufacture of any narcotics, drugs, alcohol, controlled substances, steroids or other chemicals by any student-athlete in a manner which is prohibited by the University Rules or Governing Athletics Rules, or failure or refusal to fully participate and cooperate in the University’s implementation and enforcement of any narcotic, drug, alcohol, controlled substance, steroid, or other chemical testing and/or education program(s);
(12) Any conduct (a) that the University administration reasonably determines is unbecoming to the Vice President and Athletics Director, or which reasonably brings into question the integrity of the Vice President and Athletics Director, or that would render Vice President and Athletics Director unfit to serve in the position of Vice President and/or Director of Athletics and reflects poorly on the University, the Program, or The University of Texas System; or (b) resulting in a criminal charge being brought against Vice President and Athletics Director involving a felony, or any crime involving theft, dishonesty, or moral turpitude;
(13) Misconduct by assistant athletics directors or by a coach or by his staff of which the Vice President and Athletics Director knew, had reason to know, or should have known through the exercise of reasonable diligence or which Vice President and Athletics Director condoned, of such a nature, as reasonably determined in the discretion of the University administration, that would tend to bring disrespect, contempt or ridicule upon the University, the Program, or The University of Texas System, or which brings discredit to or which xxxxx the reputation of the University, the Program, or The University of Texas System; or
(14) Any cause adequate to sustain the termination of any regular staff employee of the University. The University shall have no obligation to use progressive discipline regarding Vice President and Athletics Director’s misconduct. Any University decision to utilize progressive discipline shall not create any future obligation for the University to use progressive discipline.
Appears in 1 contract
Samples: Employment Agreement
Suspension or Termination by the University for Cause. The University shall have the right and option to either suspend Assistant Athletics Director for a period of time with or without pay or to terminate Assistant Athletics Director’s employment and this Agreement for cause prior to the termination date stated in Section 3 above. In the event this Agreement is terminated for cause, all obligations of the University to make further payment or provide any other consideration hereunder shall cease as of the date of termination. In no case shall the University be liable to Assistant Athletics Director for the loss of any collateral business opportunities, or any benefits, perquisites, income income, or consequential damages suffered by Assistant Athletics Director as a result of the University’s termination of his/her employment. In addition to its normally understood meaning in employment contracts, the term “cause” shall include, without limitation, any of the following:
(1) Failure or refusal by Assistant Athletics Director to perform any of the obligations, duties or responsibilities outlined in Section 4 or any refusal or unwillingness to perform any of such obligations, duties or responsibilities in good faith and to the best of Assistant Athletics Director’s abilities;
(2) A serious or major violation or a pattern of violations of any Governing Athletics Rules or University Rules, whether intentional or negligent, by Assistant Athletics Director, or the allowing or condoning, whether directly or by negligent supervision, of any such violation or pattern of violations, by Athletics Director or any coaching staff or other person under Assistant Athletics Director’s supervision and direction, including student-athletes in the Program, in which this violation was known (or reasonably should have been known) by Assistant Athletics Director in the course of his/her normal duties, and which may, in the sole judgment and discretion of the President, reflect adversely upon the University, its athletics program or The University of Texas System, including, without limitation, any violation which may result in the University being investigated or placed on probation by the NCAA or the Conference;
(3) Failure by Assistant Athletics Director to report immediately to the Athletics Compliance staff, the Athletics Director, and, when appropriate, to the President, any alleged violations of the Governing Athletics Rules or University Rules by Assistant Athletics Director or by any coaches, staff members, student-athletes, or other persons that become known to Assistant Athletics Director;
(4) Failing or refusing to fully cooperate in an inquiry or investigation conducted by the University, The University of Texas System, the NCAA, the __________ Conference, or a law enforcement agency. This includes, but is not limited to, failing to provide information or documents in a timely manner in response to any reasonable requests by the University, The University of Texas System, the NCAA, the __________ Conference, or directing or otherwise instructing any coach, staff member, student-athlete or other person not to cooperate or comply with such an inquiry or investigation;
(5) Failure by Assistant Athletics Director to immediately report to the University’s Title IX Coordinator or Athletics Department’s Senior Woman Administrator, or law enforcement in the case of an emergency situation, any information Assistant Athletics Director knows relating to alleged or suspected illegal gender discrimination, sexual harassment, sexual assault, sexual exploitation, or intimate partner violence;
(6) Any fraud or dishonesty by Assistant Athletics Director while performing the duties required by this Agreement, including, but not limited to, falsifying, altering or otherwise fraudulently preparing any document(s) or record(s) of, or required by, The University of Texas System, the University, the NCAA, or the Conference pertaining to the Program, recruits or student-athletes, transcripts, eligibility forms, compliance reports, expense reports, or any other document pertaining or related to any sanction of the Program;
(7) Engaging in conduct that violates any Governing Athletics Rules or University Rules concerning (a) consensual relationships between employees and students, or (b) sexual harassment;
(8) Any conduct, including acts or omissions, that misleads the University about any matters related to the University’s athletics’ programs, including matters related to any coaches or other staff members or any student-athletes;
(9) Any prolonged absence from the performance of Assistant Athletics Director’s obligations, duties and responsibilities under this Agreement without prior consent of the Athletics Director;
(10) Engaging in, assisting, encouraging, or soliciting others to engage in bookmaking, illegal gambling, or betting of any type involving any intercollegiate or professional athletic contest;
(11) Possession, use, sale, or manufacture of any narcotics, drugs, or other controlled substances or steroids or other chemicals in a manner which is prohibited by the University Rules or Governing Athletics Rules, or allowing, encouraging, or condoning the possession, use, sale, or manufacture of any narcotics, drugs, alcohol, controlled substances, steroids or other chemicals by any student-athlete in a manner which is prohibited by the University Rules or Governing Athletics Rules, or failure or refusal to fully participate and cooperate in the University’s implementation and enforcement of any narcotic, drug, alcohol, controlled substance, steroid, or other chemical testing program(s);
(12) Any conduct (a) that the University administration reasonably determines is unbecoming to the Assistant Athletics Director, or which reasonably brings into question the integrity of the Assistant Athletics Director, or that would render Assistant Athletics Director unfit to serve in his/her position and reflects poorly on the University, the Program, or The University of Texas System; or (b) resulting in a criminal charge being brought against Assistant Athletics Director involving a felony, or any crime involving theft, dishonesty, or moral turpitude; or
(13) Any cause adequate to sustain the termination of any regular staff employee of the University. The University shall have no obligation to use progressive discipline regarding Assistant Athletics Director’s misconduct. Any University decision to utilize progressive discipline shall not create any future obligation for the University to use progressive discipline.
Appears in 1 contract
Suspension or Termination by the University for Cause. The University shall have the right and option to either suspend Athletics Director Head Coach for a period of time with or without pay or to terminate Athletics Director’s employment and this Agreement for cause prior to Head Coach the termination date stated in Section 3 above. In the event this Agreement is terminated for cause, all obligations of the University to make further payment or provide any other consideration hereunder (that was not theretofore earned) shall cease as of the date of termination. In no case shall the University be liable to Athletics Director Head Coach for the loss of any collateral business opportunities, or any benefits, perquisites, income or consequential damages suffered by Athletics Director Head Coach as a result of the University’s termination of his/her his employment. In addition to its normally understood meaning in employment contracts, the term “cause” shall include, without limitation, any of the following:in
(1) Failure or refusal by Athletics Director Head Coach to perform any of the obligations, duties or responsibilities outlined in Section 4 or any refusal or unwillingness to perform any of such obligations, duties or responsibilities in good faith and to the best of Athletics Director’s Head Coach abilities;
(2) A serious or major violation or a pattern of violations of any Governing Athletics Rules or University Rules, whether intentional or negligent, by Athletics DirectorHead Coach, or the allowing or condoning, whether directly or by negligent supervision, of any such violation or pattern of violations, by Athletics Director or any coaching staff or other person under Athletics Director’s Head Coach supervision and direction, including student-athletes in the Program, in which this violation was known (or reasonably should have been known) by Athletics Director Head Coach in the course of his/her his normal duties, and which may, in the sole judgment and discretion of the PresidentAthletics Director, reflect adversely upon the University, its athletics program or The University of Texas System, including, without limitation, any violation which may result in the University being investigated or placed on probation by the NCAA or the Conference;
(3) Failure by Head Coach to report immediately to the Athletics Compliance staff and the Athletics Director, any alleged violations of the Governing Athletics Rules or University Rules by Head Coach or by any coaches, staff members, student-athletes, or other persons that become known to Head Coach;
(4) Failing or refusing to fully cooperate in an inquiry or investigation conducted by the University, The University of Texas System, the NCAA, the CUSA Conference, or a law enforcement agency. This includes, but is not limited to, failing to provide information or documents in a timely manner in response to any reasonable requests by the University, The University of Texas System, the NCAA, the CUSA Conference, or directing or otherwise instructing any coach, staff member, student-athlete or other person not to cooperate or comply with such an inquiry;
(5) Coordinator or Deputy Title IX Coordinator any information Head Coach knows relating to alleged or suspected sexual misconduct (including sexual harassment, sexual assault, dating violence or stalking);
(6) Any fraud or dishonesty by Head Coach while performing the duties required by this Agreement, including, but not limited to, falsifying, altering or otherwise fraudulently preparing any document(s) or record(s) of, or required by The University of Texas System, the University, the NCAA, or the Conference pertaining to the Program, recruits, student-athletes, transcripts, eligibility forms, compliance reports, expense reports, or any other document pertaining or related to any sanction of the Program;
(7) Engaging in conduct that violates any Governing Athletics Rules or University Rules concerning (a) consensual relationships between employees and students or (b) sexual harassment;
(8) Any conduct, including acts or omissions, that misleads the University or the Athletics Director about any matters related to the Program, including matters related to the Head Coach, any assistant coaches, or other staff members or any student-athletes;
(9) Any prolonged absence from the performance of Head Coach duties and responsibilities under this Agreement without prior consent of the Athletics Director;
(10) Engaging in, assisting, encouraging, or soliciting others to engage in bookmaking, illegal gambling, or betting of any type involving any intercollegiate or professional athletic contest;
(11) Possession, use, sale, or manufacture of any narcotics, drugs, or other controlled substances or steroids or other chemicals in a manner which is prohibited by the University Rules or Governing Athletics Rules, or allowing, encouraging, or condoning the possession, use, sale, or manufacture of any narcotics, drugs, alcohol, controlled substances, steroids or other chemicals by any student-athlete in a manner which is prohibited by the University Rules or Governing Athletics Rules, or failure or refusal to narcotic, drug, alcohol, controlled substance, steroid, or other chemical testing program(s);
(12) Any conduct (a) that the University administration reasonably determines is unbecoming to a Head Coach and reflects poorly on the University, the Program, or The University of Texas System; or (b) resulting in a criminal charge being brought against Head Coach involving a felony, or any crime involving theft, dishonesty, or moral turpitude;
(13) Team APR, NCAA Graduate Success Rate, or other academic measure that causes the Program to be ineligible for a post-season tournament game and Head Coach has repeatedly exhibited, in the opinion of the Athletics Director, grossly negligent failure to create and support an atmosphere of academic success and accountability; or
(14) Any cause adequate to sustain the termination of any regular staff employee of the University. The University shall have no obligation to use progressive discipline regarding Head Coach misconduct. Any University decision to utilize progressive discipline shall not create any future obligation for the University to use progressive discipline. Notwithstanding the language contained herein, the University acknowledges that the intent of the parties in entering into this Agreement is to comply with the terms and conditions of this Agreement for its entire Term.
Appears in 1 contract
Samples: Head Coach Employment Agreement
Suspension or Termination by the University for Cause. The University shall have the right and option to either suspend Athletics Assistant Athletic Director for a period of time with or without pay or to terminate Athletics Assistant Athletic Director’s employment and this Agreement for cause prior to the termination date stated in Section 3 above. In the event this Agreement is terminated for cause, all obligations of the University to make further payment or provide any other consideration hereunder shall cease as of the date of termination. In no case shall the University be liable to Athletics Assistant Athletic Director for the loss of any collateral business opportunities, or any benefits, perquisites, income income, or consequential damages suffered by Athletics Assistant Athletic Director as a result of the University’s termination of his/her employment. In addition to its normally understood meaning in employment contracts, the term “cause” shall include, without limitation, any of the following:
(1) Failure or refusal by Athletics Assistant Athletic Director to perform any of the obligations, duties or responsibilities outlined in Section 4 or any refusal or unwillingness to perform any of such obligations, duties or responsibilities in good faith and to the best of Athletics Assistant Athletic Director’s abilities;; or
(2) A serious or major violation or a pattern of violations, whether intentional or negligent, by Assistant Athletic Director of any Governing Athletic Rules or University Rules, which violation may, in the sole judgment and discretion of the President, reflect adversely upon the University, its athletics program, or The University of Texas System, including, but not limited to, any violation which may result in the University being investigated or placed on probation by the NCAA or any Conference; or
(3) A serious or major violation or a pattern of violations of any Governing Athletics Athletic Rules or University Rules, whether intentional or negligent, by Athletics Director, or the allowing or condoning, whether directly or by negligent supervision, of any such violation or pattern of violations, by Athletics Director or any coaching staff or other person under Athletics Assistant Athletic Director’s supervision and direction, including student-athletes in the Program, in which this violation was known (or reasonably should have been known) by Athletics Assistant Athletic Director in the course of his/her normal duties, and which may, in the sole judgment and discretion of the President, reflect adversely upon the University, its athletics program or The University of Texas System, including, without limitation, any violation which may result in the University being investigated or placed on probation by the NCAA or the Conference;; or
(4) Failure by Assistant Athletic Director to report immediately to the Athletic Director or Compliance Coordinator any alleged violations of the Governing Athletic Rules or University Rules by Assistant Athletic Director or by members of any coaching staff, student-athletes, or other persons that become known to Assistant Athletic Director; or
(5) Failing or refusing to provide information or documents in response to any reasonable requests or inquiries by the NCAA, the __________ Conference, or any other governing body concerning or related to the supervision of the Program; or directing or otherwise instructing any coach, student-athlete or any other individual to fail or to refuse to provide such information or documents; or
(6) Any fraud or dishonesty by Assistant Athletic Director while performing the duties required by this Agreement, including, but not limited to, falsifying, altering or otherwise fraudulently preparing any document(s) or record(s) of, or required by, The University of Texas System, the University, the NCAA, or the Conference pertaining to the Program, recruits or student-athletes, transcripts, eligibility forms, compliance reports, expense reports, or any other document pertaining or related to any sanction of the Program; or
(7) Any conduct, including acts or omissions, that misleads the University about any matters related to the University’s athletic programs, including matters related to any coaches or other staff members or any student-athletes; or
(8) Any prolonged absence from the performance of Assistant Athletic Director’s obligations, duties and responsibilities under this Agreement without prior consent of the Athletic Director; or
(9) Engaging in, assisting, encouraging, or soliciting others to engage in bookmaking, illegal gambling, or betting of any type involving any intercollegiate or professional athletic contest; or
(10) Possession, use, sale, or manufacture of any narcotics, drugs, or other controlled substances or steroids or other chemicals in a manner which is prohibited by the University Rules or Governing Athletic Rules, or allowing, encouraging, or condoning the possession, use, sale, or manufacture of any narcotics, drugs, alcohol, controlled substances, steroids or other chemicals by any student-athlete in a manner which is prohibited by the University Rules or Governing Athletic Rules, or failure or refusal to fully participate and cooperate in the University’s implementation and enforcement of any narcotic, drug, alcohol, controlled substance, steroid, or other chemical testing program(s); or
(11) Any conduct (a) that the University administration reasonably determines is unbecoming to the Assistant Athletic Director, or which reasonably brings into question the integrity of the Assistant Athletic Director, or that would render Assistant Athletic Director unfit to serve in his/her position and reflects poorly on the University, the Program, or The University of Texas System; or (b) resulting in a criminal charge being brought against Assistant Athletic Director involving a felony, or any crime involving theft, dishonesty, or moral turpitude; or
(12) Any cause adequate to sustain the termination of any regular staff employee of the University. The University shall have no obligation to use progressive discipline regarding Assistant Athletic Director’s misconduct. Any University decision to utilize progressive discipline shall not create any future obligation for the University to use progressive discipline.
Appears in 1 contract
Suspension or Termination by the University for Cause. The University shall have the right and option to either suspend Assistant Athletics Director for a period of time with or without pay or to terminate Assistant Athletics Director’s employment and this Agreement for cause prior to the termination date stated in Section 3 above. In the event this Agreement is terminated for cause, all obligations of the University to make further payment or provide any other consideration hereunder shall cease as of the date of termination. In no case shall the University be liable to Assistant Athletics Director for the loss of any collateral business opportunities, or any benefits, perquisites, income income, or consequential damages suffered by Assistant Athletics Director as a result of the University’s termination of his/her employment. In addition to its normally understood meaning in employment contracts, the term “cause” shall include, without limitation, any of the following:
(1) Failure or refusal by Assistant Athletics Director to perform any of the obligations, duties or responsibilities outlined in Section 4 or any refusal or unwillingness to perform any of such obligations, duties or responsibilities in good faith and to the best of Assistant Athletics Director’s abilities;; or
(2) A serious or major violation or a pattern of violations, whether intentional or negligent, by Assistant Athletics Director of any Governing Athletics Rules or University Rules, which violation may, in the sole judgment and discretion of the President, reflect adversely upon the University, its athletics program, or The University of Texas System, including, but not limited to, any violation which may result in the University being investigated or placed on probation by the NCAA or any Conference; or
(3) A serious or major violation or a pattern of violations of any Governing Athletics Rules or University Rules, whether intentional or negligent, by Athletics Director, or the allowing or condoning, whether directly or by negligent supervision, of any such violation or pattern of violations, by Athletics Director or any coaching staff or other person under Assistant Athletics Director’s supervision and direction, including student-athletes in the Program, in which this violation was known (or reasonably should have been known) by Assistant Athletics Director in the course of his/her normal duties, and which may, in the sole judgment and discretion of the President, reflect adversely upon the University, its athletics program or The University of Texas System, including, without limitation, any violation which may result in the University being investigated or placed on probation by the NCAA or the Conference;; or
(4) Failure by Assistant Athletics Director to report immediately to the Athletics Director or Athletics Compliance staff any alleged violations of the Governing Athletics Rules or University Rules by Assistant Athletics Director or by members of any coaching staff, student-athletes, or other persons that become known to Assistant Athletics Director; or
(5) Failing or refusing to provide information or documents in response to any reasonable requests or inquiries by the NCAA, the __________ Conference, or any other governing body concerning or related to the supervision of the Program; or directing or otherwise instructing any coach, student-athlete or any other individual to fail or to refuse to provide such information or documents; or
(6) Any fraud or dishonesty by Assistant Athletics Director while performing the duties required by this Agreement, including, but not limited to, falsifying, altering or otherwise fraudulently preparing any document(s) or record(s) of, or required by, The University of Texas System, the University, the NCAA, or the Conference pertaining to the Program, recruits or student-athletes, transcripts, eligibility forms, compliance reports, expense reports, or any other document pertaining or related to any sanction of the Program; or
(7) Any conduct, including acts or omissions, that misleads the University about any matters related to the University’s athletics’ programs, including matters related to any coaches or other staff members or any student-athletes; or
(8) Any prolonged absence from the performance of Assistant Athletics Director’s obligations, duties and responsibilities under this Agreement without prior consent of the Athletics Director; or
(9) Engaging in, assisting, encouraging, or soliciting others to engage in bookmaking, illegal gambling, or betting of any type involving any intercollegiate or professional athletic contest; or
(10) Possession, use, sale, or manufacture of any narcotics, drugs, or other controlled substances or steroids or other chemicals in a manner which is prohibited by the University Rules or Governing Athletics Rules, or allowing, encouraging, or condoning the possession, use, sale, or manufacture of any narcotics, drugs, alcohol, controlled substances, steroids or other chemicals by any student-athlete in a manner which is prohibited by the University Rules or Governing Athletics Rules, or failure or refusal to fully participate and cooperate in the University’s implementation and enforcement of any narcotic, drug, alcohol, controlled substance, steroid, or other chemical testing program(s); or
(11) Any conduct (a) that the University administration reasonably determines is unbecoming to the Assistant Athletics Director, or which reasonably brings into question the integrity of the Assistant Athletics Director, or that would render Assistant Athletics Director unfit to serve in his/her position and reflects poorly on the University, the Program, or The University of Texas System; or (b) resulting in a criminal charge being brought against Assistant Athletics Director involving a felony, or any crime involving theft, dishonesty, or moral turpitude; or
(12) Any cause adequate to sustain the termination of any regular staff employee of the University. The University shall have no obligation to use progressive discipline regarding Assistant Athletics Director’s misconduct. Any University decision to utilize progressive discipline shall not create any future obligation for the University to use progressive discipline.
Appears in 1 contract
Suspension or Termination by the University for Cause. The University shall have the right and option to either suspend Athletics Director Associate Head Coach for a period of time with or without pay or to terminate Athletics DirectorAssociate Head Coach’s employment and this Agreement for cause prior to the termination date stated in Section 3 2 above. In the event this Agreement is terminated for cause, all obligations of the University to make further payment or provide any other consideration hereunder shall cease as of the date of termination. In no case shall the University be liable to Athletics Director Associate Head Coach for the loss of any collateral business opportunities, or any benefits, perquisites, income or consequential damages suffered by Athletics Director Associate Head Coach as a result of the University’s termination of his/her employment. In addition to its normally understood meaning in employment contracts, the term “cause” shall include, without limitation, any of the following:
(1) Failure or refusal by Athletics Director Associate Head Coach to perform any of the obligations, duties or responsibilities outlined in Section 4 3 or any refusal or unwillingness to perform any of such obligations, duties or responsibilities in good faith and to the best of Athletics DirectorAssociate Head Coach’s abilities;; or
(2) A serious or major violation or a pattern of violations violations, whether intentional or negligent, by Associate Head Coach of any Governing Athletics Rules or University Rules, whether intentional or negligent, by Athletics Director, or the allowing or condoning, whether directly or by negligent supervision, of any such which violation or pattern of violations, by Athletics Director or any coaching staff or other person under Athletics Director’s supervision and direction, including student-athletes in the Program, in which this violation was known (or reasonably should have been known) by Athletics Director in the course of his/her normal duties, and which may, in the sole judgment and discretion of the PresidentAthletics Director, reflect adversely upon the University, its athletics program program, or The University of Texas System, including, without limitationbut not limited to, any violation which may result in the University being investigated or placed on probation by the NCAA or any Conference; or
(3) Allow or condone, whether directly or by negligent supervision, violations of any Governing Athletics Rules or University Rules by members of Associate Head Coach’s coaching staff, student-athletes in the Conference;Program, or other persons under Associate Head Coach’s direct control or authority, which violation was known (or reasonably should have been known) by Associate Head Coach in the course of his/her normal duties; or
(4) Failure by Associate Head Coach to report immediately to the Athletics Compliance staff and, when appropriate, to the Athletics Director, any alleged violations of the Governing Athletics Rules or University Rules by Associate Head Coach or by members of the team’s coaching staff, student-athletes or other persons under Associate Head Coach’s direct control or authority that become known to Associate Head Coach; or
(5) Engaging in conduct that violates any Governing Athletics Rules or University Rules concerning (a) consensual relationships between employees and students or (b) sexual harassment; or
(6) Any conduct (a) that the University administration reasonably determines is unbecoming to an Associate Head Coach and reflects poorly on the University, the Program, or The University of Texas System; or (b) resulting in a criminal charge being brought against Associate Head Coach involving a felony, or any crime involving theft, dishonesty, or moral turpitude; or The University shall have no obligation to use progressive discipline regarding Associate Head Coach’s misconduct. Any University decision to utilize progressive discipline shall not create any future obligation for the University to use progressive discipline.
Appears in 1 contract
Suspension or Termination by the University for Cause. The University shall have the right and option to either suspend Athletics Director Assistant Coach for a period of time with or without pay or to terminate Athletics DirectorAssistant Coach’s employment and this Agreement for cause prior to the termination date stated in Section 3 above. In the event this Agreement is terminated for cause, all obligations of the University to make further payment or provide any other consideration hereunder shall cease as of the date of termination. In no case shall the University be liable to Athletics Director Assistant Coach for the loss of any collateral business opportunities, or any benefits, perquisites, income or consequential damages suffered by Athletics Director Assistant Coach as a result of the University’s termination of his/her employment. In addition to its normally understood meaning in employment contracts, the term “cause” shall include, without limitation, any of the following:
(1) Failure or refusal by Athletics Director Assistant Coach to perform any of the obligations, duties or responsibilities outlined in Section 4 or any refusal or unwillingness to perform any of such obligations, duties or responsibilities in good faith and to the best of Athletics DirectorAssistant Coach’s abilities;
(2) A serious or major violation or a pattern of violations violations, whether intentional or negligent, by Assistant Coach of any Governing Athletics Rules or University Rules, whether intentional or negligent, by Athletics Director, or the allowing or condoning, whether directly or by negligent supervision, of any such which violation or pattern of violations, by Athletics Director or any coaching staff or other person under Athletics Director’s supervision and direction, including student-athletes in the Program, in which this violation was known (or reasonably should have been known) by Athletics Director in the course of his/her normal duties, and which may, in the sole judgment and discretion of the PresidentAthletics Director, reflect adversely upon the University, its athletics program program, or The University of Texas System, including, without limitationbut not limited to, any violation which may result in the University being investigated or placed on probation by the NCAA or the any Conference;
(3) Failure by Assistant Coach to report immediately to the Athletics Compliance staff, Head Coach and Athletics Director, as appropriate, any alleged violations of the Governing Athletics Rules or University Rules by Assistant Coach or other coaches, staff, student-athletes, or other persons, that become known to Assistant Coach;
(4) Failing or refusing to fully cooperate in an inquiry or investigation conducted by the University, The University of Texas System, the NCAA, the __________ Conference, or a law enforcement agency. This includes, but is not limited to, failing to provide information or documents in a timely manner in response to any reasonable requests by the University, The University of Texas System, the NCAA, the __________ Conference, or directing or otherwise instructing any coach, staff member, student-athlete or other person not to cooperate or comply with such an inquiry or investigation;
(5) Failure by Assistant Coach to immediately report to the University’s Title IX Coordinator or Athletics Department’s Senior Woman Administrator, or law enforcement in the case of an emergency situation, any information Head Coach knows relating to alleged or suspected illegal gender discrimination, sexual harassment, sexual assault, sexual exploitation, or intimate partner violence;
(6) Any fraud or dishonesty by Assistant Coach while performing the duties required by this Agreement, including, but not limited to, falsifying, altering or otherwise fraudulently preparing any document(s) or record(s) of, or required by The University of Texas System, the University, the NCAA, or the Conference pertaining to the Program, recruits or student-athletes, transcripts, eligibility forms, compliance reports, expense reports, or any other document pertaining or related to any sanction of the Program;
(7) Any conduct, including acts or omissions, that misleads the University, the Head Coach, or the Athletics Director about any matters related to the Program;
(8) Any prolonged absence from the performance of Assistant Coach’s obligations, duties and responsibilities under this Agreement without prior consent of the Head Coach;
(9) Engaging in, assisting, encouraging, or soliciting others to engage in bookmaking, illegal gambling, or betting of any type involving any intercollegiate or professional athletic contest;
(10) Possession, use, sale, or manufacture of any narcotics, drugs, or other controlled substances or steroids or other chemicals in a manner which is prohibited by the University Rules or Governing Athletics Rules, or allowing, encouraging, or condoning the possession, use, sale, or manufacture of any narcotics, drugs, alcohol, controlled substances, steroids or other chemicals by any student-athlete in a manner which is prohibited by the University Rules or Governing Athletics Rules, or failure or refusal to fully participate and cooperate in the University’s implementation and enforcement of any narcotic, drug, alcohol, controlled substance, steroid, or other chemical testing program(s);
(11) Engaging in conduct that violates any Governing Athletics Rules or University Rules concerning (a) consensual relationships between employees and students or (b) sexual harassment;
(12) Any conduct (a) that the University administration reasonably determines is unbecoming to an assistant coach and reflects poorly on the University, the Program, or The University of Texas System; or (b) resulting in a criminal charge being brought against Assistant Coach involving a felony, or any crime involving theft, dishonesty, or moral turpitude; or
(13) Any cause adequate to sustain the termination of any regular staff employee of the University. The University shall have no obligation to use progressive discipline regarding Assistant Coach’s misconduct. Any University decision to utilize progressive discipline shall not create any future obligation for the University to use progressive discipline.
Appears in 1 contract
Samples: Assistant Coach Employment Agreement
Suspension or Termination by the University for Cause. The University shall have the right and option to either suspend Athletics Director Associate Head Coach for a period of time with or without pay or to terminate Athletics DirectorAssociate Head Coach’s employment and this Agreement for cause prior to the termination date stated in Section 3 above. In the event this Agreement is terminated for cause, all obligations of the University to make further payment or provide any other consideration hereunder shall cease as of the date of termination. In no case shall the University be liable to Athletics Director Associate Head Coach for the loss of any collateral business opportunities, or any benefits, perquisites, income or consequential damages suffered by Athletics Director Associate Head Coach as a result of the University’s termination of his/her employment. In addition to its normally understood meaning in employment contracts, the term “cause” shall include, without limitation, any of the following:
(1) Failure or refusal by Athletics Director Associate Head Coach to perform any of the obligations, duties or responsibilities outlined in Section 4 or any refusal or unwillingness to perform any of such obligations, duties or responsibilities in good faith and to the best of Athletics DirectorAssociate Head Coach’s abilities;; or
(2) A serious or major violation or a pattern of violations, whether intentional or negligent, by Associate Head Coach of any Governing Athletics Rules or University Rules, which violation may, in the sole judgment and discretion of the Athletics Director, reflect adversely upon the University, its athletics program, or The University of Texas System, including, but not limited to, any violation which may result in the University being investigated or placed on probation by the NCAA or any Conference; or
(3) A serious or major violation or a pattern of violations of any Governing Athletics Rules or University Rules, whether intentional or negligent, by Athletics Director, or the allowing or condoning, whether directly or by negligent supervision, of any such violation or pattern of violations, by Athletics Director or any coaching staff or other person under Athletics DirectorAssociate Head Coach’s supervision and direction, including student-athletes in the Program, in which this violation was known (or reasonably should have been known) by Athletics Director Associate Head Coach in the course of his/her normal duties, and which may, in the sole judgment and discretion of the PresidentAthletics Director, reflect adversely upon the University, its athletics program Athletics Department or The University of Texas System, including, without limitation, any violation which may result in the University being investigated or placed on probation by the NCAA or the Conference;; or
(4) Failure by Associate Head Coach to report immediately to the Athletics Compliance staff and, when appropriate, to the Athletics Director, any alleged violations of the Governing Athletics Rules or University Rules by Associate Head Coach or by members of the team’s coaching staff, student-athletes or other persons under Associate Head Coach’s direct control or authority that become known to Associate Head Coach; or
(5) Failing or refusing to provide information or documents in response to any reasonable requests or inquiries by the NCAA, the __________ Conference, or any other governing body concerning or related to the supervision of the Program, or directing or otherwise instructing any coach, student-athlete or any other individual to fail or to refuse to provide such information or documents; or
(6) Any fraud or dishonesty by Associate Head Coach while performing the duties required by this Agreement, including, but not limited to, falsifying, altering or otherwise fraudulently preparing any document(s) or record(s) of, or required by The University of Texas System, the University, the NCAA or the Conference pertaining to the Program, recruits or student-athletes, transcripts, eligibility forms, compliance reports, expense reports, or any other document pertaining or related to any sanction of the Program; or
(7) Any conduct, including acts or omissions, that misleads the University or the Athletics Director about any matters related to the Program, including matters related to the Head Coach, Associate Head Coach, any assistant coaches or other staff members or any student-athletes; or
(8) Any prolonged absence from the performance of Associate Head Coach’s obligations, duties and responsibilities under this Agreement without prior consent of the Athletics Director; or
(9) Engaging in, assisting, encouraging, or soliciting others to engage in bookmaking, illegal gambling, or betting of any type involving any intercollegiate or professional athletic contest; or
(10) Possession, use, sale, or manufacture of any narcotics, drugs, or other controlled substances or steroids or other chemicals in a manner which is prohibited by the University Rules or Governing Athletics Rules, or allowing, encouraging, or condoning the possession, use, sale, or manufacture of any narcotics, drugs, alcohol, controlled substances, steroids or other chemicals by any student-athlete in a manner which is prohibited by the University Rules or Governing Athletics Rules, or failure or refusal to fully participate and cooperate in the University’s implementation and enforcement of any narcotic, drug, alcohol, controlled substance, steroid, or other chemical testing program(s); or
(11) Engaging in conduct that violates any Governing Athletics Rules or University Rules concerning (a) consensual relationships between employees and students or (b) sexual harassment; or
(12) Any conduct (a) that the University administration reasonably determines is unbecoming to an Associate Head Coach and reflects poorly on the University, the Program, or The University of Texas System; or (b) resulting in a criminal charge being brought against Associate Head Coach involving a felony, or any crime involving theft, dishonesty, or moral turpitude; or
(13) Any cause adequate to sustain the termination of any regular staff employee of the University. The University shall have no obligation to use progressive discipline regarding Associate Head Coach’s misconduct. Any University decision to utilize progressive discipline shall not create any future obligation for the University to use progressive discipline.
Appears in 1 contract
Suspension or Termination by the University for Cause. The University shall have the right and option to either suspend Athletics Director Associate Head Coach for a period of time with or without pay or to terminate Athletics DirectorAssociate Head Coach’s employment and this Agreement for cause prior to the termination date stated in Section 3 2 above. In the event this Agreement is terminated for cause, all obligations of the University to make further payment or provide any other consideration hereunder shall cease as of the date of termination. In no case shall the University be liable to Athletics Director Associate Head Coach for the loss of any collateral business opportunities, or any benefits, perquisites, income or consequential damages suffered by Athletics Director Associate Head Coach as a result of the University’s termination of his/her employment. In addition to its normally understood meaning in employment contracts, the term “cause” shall include, without limitation, any of the following:
(1) Failure or refusal by Athletics Director Associate Head Coach to perform any of the obligations, duties or responsibilities outlined in Section 4 or any refusal or unwillingness to perform any of such obligations, duties or responsibilities in good faith and to the best of Athletics DirectorAssociate Head Coach’s abilities;
(2) A serious or major violation or a pattern of violations of any Governing Athletics Rules or University Rules, whether intentional or negligent, by Athletics DirectorAssociate Head Coach, or the allowing or condoning, whether directly or by negligent supervision, of any such violation or pattern of violations, by Athletics Director or any coaching staff or other person under Athletics DirectorAssociate Head Coach’s supervision and direction, including student-athletes in the Program, in which this violation was known (or reasonably should have been known) by Athletics Director Associate Head Coach in the course of his/her normal duties, and which may, in the sole judgment and discretion of the PresidentAthletics Director, reflect adversely upon the University, its athletics program Athletics Department or The University of Texas System, including, without limitation, any violation which may result in the University being investigated or placed on probation by the NCAA or the Conference;
(3) Failure by Associate Head Coach to report immediately to the Athletics Compliance staff, Head Coach, and Athletics Director, as appropriate, any alleged violations of the Governing Athletics Rules or University Rules by Associate Head Coach, other coaches, staff, student-athletes or other persons, that become known to Associate Head Coach;
(4) Failing or refusing to fully cooperate in an inquiry or investigation conducted by the University, The University of Texas System, the NCAA, the __________ Conference, or a law enforcement agency. This includes, but is not limited to, failing to provide information or documents in a timely manner in response to any reasonable requests by the University, The University of Texas System, the NCAA, the __________ Conference, or directing or otherwise instructing any coach, staff member, student-athlete or other person not to cooperate or comply with such an inquiry or investigation;
(5) Failure by Associate Head Coach to immediately report to the University’s Title IX Coordinator or Deputy Title IX Coordinator, any information Associate Head Coach knows relating to alleged or suspected sexual misconduct (including sexual harassment, sexual assault, dating violence or stalking);
(6) Any fraud or dishonesty by Associate Head Coach while performing the duties required by this Agreement, including, but not limited to, falsifying, altering or otherwise fraudulently preparing any document(s) or record(s) of, or required by The University of Texas System, the University, the NCAA or the Conference pertaining to the Program, recruits or student-athletes, transcripts, eligibility forms, compliance reports, expense reports, or any other document pertaining or related to any sanction of the Program;
(7) Any conduct, including acts or omissions, that misleads the University or the Athletics Director about any matters related to the Program, including matters related to the Head Coach, Associate Head Coach, any assistant coaches or other staff members or any student-athletes;
(8) Any prolonged absence from the performance of Associate Head Coach’s obligations, duties and responsibilities under this Agreement without prior consent of the Athletics Director;
(9) Engaging in, assisting, encouraging, or soliciting others to engage in bookmaking, illegal gambling, or betting of any type involving any intercollegiate or professional athletic contest;
(10) Possession, use, sale, or manufacture of any narcotics, drugs, or other controlled substances or steroids or other chemicals in a manner which is prohibited by the University Rules or Governing Athletics Rules, or allowing, encouraging, or condoning the possession, use, sale, or manufacture of any narcotics, drugs, alcohol, controlled substances, steroids or other chemicals by any student-athlete in a manner which is prohibited by the University Rules or Governing Athletics Rules, or failure or refusal to fully participate and cooperate in the University’s implementation and enforcement of any narcotic, drug, alcohol, controlled substance, steroid, or other chemical testing program(s);
(11) Engaging in conduct that violates any Governing Athletics Rules or University Rules concerning (a) consensual relationships between employees and students or (b) sexual harassment;
(12) Any conduct (a) that the University administration reasonably determines is unbecoming to an Associate Head Coach and reflects poorly on the University, the Program, or The University of Texas System; or (b) resulting in a criminal charge being brought against Associate Head Coach involving a felony, or any crime involving theft, dishonesty, or moral turpitude; or
(13) Any cause adequate to sustain the termination of any regular staff employee of the University. The University shall have no obligation to use progressive discipline regarding Associate Head Coach’s misconduct. Any University decision to utilize progressive discipline shall not create any future obligation for the University to use progressive discipline.
Appears in 1 contract
Suspension or Termination by the University for Cause. The University shall have the right and option to either suspend Assistant Athletics Director for a period of time with or without pay or to terminate Assistant Athletics Director’s employment and this Agreement for cause prior to the termination date stated in Section 3 2 above. In the event this Agreement is terminated for cause, all obligations of the University to make further payment or provide any other consideration hereunder shall cease as of the date of termination. In no case shall the University be liable to Assistant Athletics Director for the loss of any collateral business opportunities, or any benefits, perquisites, income income, or consequential damages suffered by Assistant Athletics Director as a result of the University’s termination of his/her employment. In addition to its normally understood meaning in employment contracts, the term “cause” shall include, without limitation, any of the following:
(1) Failure or refusal by Assistant Athletics Director to perform any of the obligations, duties or responsibilities outlined in Section 4 3 or any refusal or unwillingness to perform any of such obligations, duties or responsibilities in good faith and to the best of Assistant Athletics Director’s abilities;; or
(2) A serious or major violation or a pattern of violations of any Governing Athletics Rules or University Rules, whether intentional or negligent, by Athletics Director, or the allowing or condoning, whether directly or by negligent supervision, of any such violation or pattern of violations, by Athletics Director or any coaching staff or other person under Assistant Athletics Director’s supervision and direction, including student-athletes in the ProgramPrograms, in which this violation was known (or reasonably should have been known) by Assistant Athletics Director in the course of his/her normal duties, and which may, in the sole judgment and discretion of the President, reflect adversely upon the University, its athletics program or The University of Texas System, including, without limitation, any violation which may result in the University being investigated or placed on probation by the NCAA or the Conference;; or
(3) Failure by Assistant Athletics Director to report immediately to the Athletics Director or Athletics Compliance staff any alleged violations of the Governing Athletics Rules or University Rules by any coaching staff, student-athletes, or other persons that become known to Assistant Athletics Director; or
(4) Any conduct (a) that the University administration reasonably determines is unbecoming to the Assistant Athletics Director, or which reasonably brings into question the integrity of the Assistant Athletics Director, or that would render Assistant Athletics Director unfit to serve in his/her position and reflects poorly on the University, the Programs, or The University of Texas System; or (b) resulting in a criminal charge being brought against Assistant Athletics Director involving a felony, or any crime involving theft, dishonesty, or moral turpitude; or The University shall have no obligation to use progressive discipline regarding Assistant Athletics Director’s misconduct. Any University decision to utilize progressive discipline shall not create any future obligation for the University to use progressive discipline.
Appears in 1 contract
Suspension or Termination by the University for Cause. The University shall have the right and option to either suspend Athletics Director Assistant Coach for a period of time with or without pay or to terminate Athletics DirectorAssistant Coach’s employment and this Agreement for cause prior to the termination date stated in Section 3 above. In the event this Agreement is terminated for cause, all obligations of the University to make further payment or provide any other consideration hereunder shall cease as of the date of termination. In no case shall the University be liable to Athletics Director Assistant Coach for the loss of any collateral business opportunities, or any benefits, perquisites, income or consequential damages suffered by Athletics Director Assistant Coach as a result of the University’s termination of his/her employment. In addition to its normally understood meaning in employment contracts, the term “cause” shall include, without limitation, any of the following:
(1) Failure or refusal by Athletics Director Assistant Coach to perform any of the obligations, duties or responsibilities outlined in Section 4 or any refusal or unwillingness to perform any of such obligations, duties or responsibilities in good faith and to the best of Athletics DirectorAssistant Coach’s abilities;; or
(2) A serious or major violation or a pattern of violations of any Governing Athletics Rules or University Rulesviolations, whether intentional or negligent, by Athletics Director, or the allowing or condoning, whether directly or by negligent supervision, Assistant Coach of any such Governing Athletic Rules or University Rules, which violation or pattern of violations, by Athletics Director or any coaching staff or other person under Athletics Director’s supervision and direction, including student-athletes in the Program, in which this violation was known (or reasonably should have been known) by Athletics Director in the course of his/her normal duties, and which may, in the sole judgment and discretion of the PresidentAthletic Director, reflect adversely upon the University, its athletics program program, or The University of Texas System, including, without limitationbut not limited to, any violation which may result in the University being investigated or placed on probation by the NCAA or any Conference; or
(3) Failure by Assistant Coach to report immediately to the Compliance Coordinator and, when appropriate, to the Athletic Director, any alleged violations of the Governing Athletic Rules or University Rules by Assistant Coach or by other coaches, staff, student-athletes, or other persons that become known to Assistant Coach; or
(4) Failing or refusing to provide information or documents in response to any reasonable requests or inquiries by the NCAA, the __________ Conference;, or any other governing body concerning or related to the Program; or
(5) Any fraud or dishonesty by Assistant Coach while performing the duties required by this Agreement, including, but not limited to, falsifying, altering or otherwise fraudulently preparing any document(s) or record(s) of, or required by The University of Texas System, the University, the NCAA, or the Conference pertaining to the Program, recruits or student-athletes, transcripts, eligibility forms, compliance reports, expense reports, or any other document pertaining or related to any sanction of the Program; or
(6) Any conduct, including acts or omissions, that misleads the University, the Head Coach, or the Athletic Director about any matters related to the Program; or
(7) Any prolonged absence from the performance of Assistant Coach’s obligations, duties and responsibilities under this Agreement without prior consent of the Head Coach; or
(8) Engaging in, assisting, encouraging, or soliciting others to engage in bookmaking, illegal gambling, or betting of any type involving any intercollegiate or professional athletic contest; or
(9) Possession, use, sale, or manufacture of any narcotics, drugs, or other controlled substances or steroids or other chemicals in a manner which is prohibited by the University Rules or Governing Athletic Rules, or allowing, encouraging, or condoning the possession, use, sale, or manufacture of any narcotics, drugs, alcohol, controlled substances, steroids or other chemicals by any student-athlete in a manner which is prohibited by the University Rules or Governing Athletic Rules, or failure or refusal to fully participate and cooperate in the University’s implementation and enforcement of any narcotic, drug, alcohol, controlled substance, steroid, or other chemical testing program(s); or
(10) Engaging in conduct that violates any Governing Athletics Rules or University Rules concerning (a) consensual relationships between employees and students or (b) sexual harassment; or
(11) Any conduct (a) that the University administration reasonably determines is unbecoming to an assistant coach and reflects poorly on the University, the Program, or The University of Texas System; or (b) resulting in a criminal charge being brought against Assistant Coach involving a felony, or any crime involving theft, dishonesty, or moral turpitude; or
(12) Any cause adequate to sustain the termination of any regular staff employee of the University. The University shall have no obligation to use progressive discipline regarding Assistant Coach’s misconduct. Any University decision to utilize progressive discipline shall not create any future obligation for the University to use progressive discipline.
Appears in 1 contract
Samples: Assistant Coach Employment Agreement
Suspension or Termination by the University for Cause. The University shall have the right and option to either suspend Athletics Assistant Athletic Director for a period of time with or without pay or to terminate Athletics Assistant Athletic Director’s employment and this Agreement for cause prior to the termination date stated in Section 3 2 above. In the event this Agreement is terminated for cause, all obligations of the University to make further payment or provide any other consideration hereunder shall cease as of the date of termination. In no case shall the University be liable to Athletics Assistant Athletic Director for the loss of any collateral business opportunities, or any benefits, perquisites, income income, or consequential damages suffered by Athletics Assistant Athletic Director as a result of the University’s termination of his/her employment. In addition to its normally understood meaning in employment contracts, the term “cause” shall include, without limitation, any of the following:
(1) Failure or refusal by Athletics Assistant Athletic Director to perform any of the obligations, duties or responsibilities outlined in Section 4 3 or any refusal or unwillingness to perform any of such obligations, duties or responsibilities in good faith and to the best of Athletics Assistant Athletic Director’s abilities;; or
(2) A serious or major violation or a pattern of violations of any Governing Athletics Athletic Rules or University Rules, whether intentional or negligent, by Athletics Director, or the allowing or condoning, whether directly or by negligent supervision, of any such violation or pattern of violations, by Athletics Director or any coaching staff or other person under Athletics Assistant Athletic Director’s supervision and direction, including student-athletes in the ProgramPrograms, in which this violation was known (or reasonably should have been known) by Athletics Assistant Athletic Director in the course of his/her normal duties, and which may, in the sole judgment and discretion of the President, reflect adversely upon the University, its athletics program or The University of Texas System, including, without limitation, any violation which may result in the University being investigated or placed on probation by the NCAA or the Conference;; or
(3) Failure by Assistant Athletic Director to report immediately to the Athletic Director or Compliance Coordinator any alleged violations of the Governing Athletic Rules or University Rules by any coaching staff, student-athletes, or other persons that become known to Assistant Athletic Director; or
(4) Any conduct (a) that the University administration reasonably determines is unbecoming to the Assistant Athletic Director, or which reasonably brings into question the integrity of the Assistant Athletic Director, or that would render Assistant Athletic Director unfit to serve in his/her position and reflects poorly on the University, the Programs, or The University of Texas System; or (b) resulting in a criminal charge being brought against Assistant Athletic Director involving a felony, or any crime involving theft, dishonesty, or moral turpitude; or The University shall have no obligation to use progressive discipline regarding Assistant Athletic Director’s misconduct. Any University decision to utilize progressive discipline shall not create any future obligation for the University to use progressive discipline.
Appears in 1 contract
Suspension or Termination by the University for Cause. The University shall have the right and option to either suspend Athletics Director Coach for a period of time with or without pay or to terminate Athletics DirectorCoach’s employment and this Agreement for cause prior to the termination date stated in Section 3 above. In the event this Agreement is terminated for cause, all obligations of the University to make further payment or provide any other consideration hereunder shall cease as of the date of termination. In no case shall the University be liable to Athletics Director Coach for the loss of any collateral business opportunities, or any benefits, perquisites, income or consequential damages suffered by Athletics Director Coach as a result of the University’s termination of his/her employment. In addition to its normally understood meaning in employment contracts, the term “cause” shall include, without limitation, any of the following:
(1) Failure or refusal by Athletics Director Coach to perform any of the obligations, duties or responsibilities outlined in Section 4 or any refusal or unwillingness to perform any of such obligations, duties or responsibilities in good faith and to the best of Athletics DirectorCoach’s abilities;; or
(2) A serious or major violation or a pattern of violations, whether intentional or negligent, by Coach of any Governing Athletic Rules or University Rules, which violation may, in the sole judgment and discretion of the Athletic Director, reflect adversely upon the University, its athletics program, or The University of Texas System, including, but not limited to, any violation which may result in the University being investigated or placed on probation by the NCAA or any Conference; or
(3) A serious or major violation or a pattern of violations of any Governing Athletics Athletic Rules or University Rules, whether intentional or negligent, by Athletics Director, or the allowing or condoning, whether directly or by negligent supervision, of any such violation or pattern of violations, by Athletics Director or any coaching staff or other person under Athletics DirectorCoach’s supervision and direction, including student-athletes in the Program, in which this violation was known (or reasonably should have been known) by Athletics Director Coach in the course of his/her normal duties, and which may, in the sole judgment and discretion of the PresidentAthletic Director, reflect adversely upon the University, its athletics program or The University of Texas System, including, without limitation, any violation which may result in the University being investigated or placed on probation by the NCAA or the Conference;; or
(4) Failure by Coach to report immediately to the Compliance Coordinator and, when appropriate, to the Athletic Director, any alleged violations of the Governing Athletic Rules or University Rules by Coach or by members of Coach’s coaching staff, student-athletes, or other persons under Coach’s direct control or authority that become known to Coach; or
(5) Failing or refusing to provide information or documents in response to any reasonable requests or inquiries by the NCAA, the __________ Conference, or any other governing body concerning or related to the supervision of the Program, or directing or otherwise instructing any coach, student-athlete or any other individual to fail or to refuse to provide such information or documents; or
(6) Any fraud or dishonesty by Coach while performing the duties required by this Agreement, including, but not limited to, falsifying, altering or otherwise fraudulently preparing any document(s) or record(s) of, or required by The University of Texas System, the University, the NCAA, or the Conference pertaining to the Program, recruits or student-athletes, transcripts, eligibility forms, compliance reports, expense reports, or any other document pertaining or related to any sanction of the Program; or
(7) Any conduct, including acts or omissions, that misleads the University or the Athletic Director about any matters related to the Program, including matters related to the Coach, any assistant coaches or other staff members or any student-athletes; or
(8) Any prolonged absence from the performance of Coach’s obligations, duties and responsibilities under this Agreement without prior consent of the Athletic Director; or
(9) Engaging in, assisting, encouraging, or soliciting others to engage in bookmaking, illegal gambling, or betting of any type involving any intercollegiate or professional athletic contest; or
(10) Possession, use, sale, or manufacture of any narcotics, drugs, or other controlled substances or steroids or other chemicals in a manner which is prohibited by the University Rules or Governing Athletic Rules, or allowing, encouraging, or condoning the possession, use, sale, or manufacture of any narcotics, drugs, alcohol, controlled substances, steroids or other chemicals by any student-athlete in a manner which is prohibited by the University Rules or Governing Athletic Rules, or failure or refusal to fully participate and cooperate in the University’s implementation and enforcement of any narcotic, drug, alcohol, controlled substance, steroid, or other chemical testing program(s); or
(11) Engaging in conduct that violates any Governing Athletics Rules or University Rules concerning (a) consensual relationships between employees and students or (b) sexual harassment; or
(12) Any conduct (a) that the University administration reasonably determines is unbecoming to a head coach and reflects poorly on the University, the Program, or The University of Texas System; or (b) resulting in a criminal charge being brought against Coach involving a felony, or any crime involving theft, dishonesty, or moral turpitude; or
(13) Any cause adequate to sustain the termination of any regular staff employee of the University. The University shall have no obligation to use progressive discipline regarding Coach’s misconduct. Any University decision to utilize progressive discipline shall not create any future obligation for the University to use progressive discipline.
Appears in 1 contract
Samples: Head Coach Employment Agreement
Suspension or Termination by the University for Cause. The University shall have the right and option to either suspend Athletics Director Associate Head Coach for a period of time with or without pay or to terminate Athletics DirectorAssociate Head Coach’s employment and this Agreement for cause prior to the termination date stated in Section 3 above. In the event this Agreement is terminated for cause, all obligations of the University to make further payment or provide any other consideration hereunder shall cease as of the date of termination. In no case shall the University be liable to Athletics Director Associate Head Coach for the loss of any collateral business opportunities, or any benefits, perquisites, income or consequential damages suffered by Athletics Director Associate Head Coach as a result of the University’s termination of his/her employment. In addition to its normally understood meaning in employment contracts, the term “cause” shall include, without limitation, any of the following:
(1) Failure or refusal by Athletics Director Associate Head Coach to perform any of the obligations, duties or responsibilities outlined in Section 4 or any refusal or unwillingness to perform any of such obligations, duties or responsibilities in good faith and to the best of Athletics DirectorAssociate Head Coach’s abilities;
(2) A serious or major violation or a pattern of violations of any Governing Athletics Rules or University Rules, whether intentional or negligent, by Athletics DirectorAssociate Head Coach, or the allowing or condoning, whether directly or by negligent supervision, of any such violation or pattern of violations, by Athletics Director or any coaching staff or other person under Athletics DirectorAssociate Head Coach’s supervision and direction, including student-athletes in the Program, in which this violation was known (or reasonably should have been known) by Athletics Director Associate Head Coach in the course of his/her normal duties, and which may, in the sole judgment and discretion of the PresidentAthletics Director, reflect adversely upon the University, its athletics program Athletics Department or The University of Texas System, including, without limitation, any violation which may result in the University being investigated or placed on probation by the NCAA or the Conference;
(3) Failure by Associate Head Coach to report immediately to the Athletics Compliance staff, Head Coach, and Athletics Director, as appropriate, any alleged violations of the Governing Athletics Rules or University Rules by Associate Head Coach, other coaches, staff, student-athletes or other persons, that become known to Associate Head Coach;
(4) Failing or refusing to fully cooperate in an inquiry or investigation conducted by the University, The University of Texas System, the NCAA, the __________ Conference, or a law enforcement agency. This includes, but is not limited to, failing to provide information or documents in a timely manner in response to any reasonable requests by the University, The University of Texas System, the NCAA, the __________ Conference, or directing or otherwise instructing any coach, staff member, student-athlete or other person not to cooperate or comply with such an inquiry or investigation;
(5) Failure by Associate Head Coach to immediately report to the University’s Title IX Coordinator or Athletics Department’s Senior Woman Administrator, or law enforcement in the case of an emergency situation, any information Head Coach knows relating to alleged or suspected illegal gender discrimination, sexual harassment, sexual assault, sexual exploitation, or intimate partner violence;
(6) Any fraud or dishonesty by Associate Head Coach while performing the duties required by this Agreement, including, but not limited to, falsifying, altering or otherwise fraudulently preparing any document(s) or record(s) of, or required by The University of Texas System, the University, the NCAA or the Conference pertaining to the Program, recruits or student-athletes, transcripts, eligibility forms, compliance reports, expense reports, or any other document pertaining or related to any sanction of the Program;
(7) Any conduct, including acts or omissions, that misleads the University or the Athletics Director about any matters related to the Program, including matters related to the Head Coach, Associate Head Coach, any assistant coaches or other staff members or any student-athletes;
(8) Any prolonged absence from the performance of Associate Head Coach’s obligations, duties and responsibilities under this Agreement without prior consent of the Athletics Director;
(9) Engaging in, assisting, encouraging, or soliciting others to engage in bookmaking, illegal gambling, or betting of any type involving any intercollegiate or professional athletic contest;
(10) Possession, use, sale, or manufacture of any narcotics, drugs, or other controlled substances or steroids or other chemicals in a manner which is prohibited by the University Rules or Governing Athletics Rules, or allowing, encouraging, or condoning the possession, use, sale, or manufacture of any narcotics, drugs, alcohol, controlled substances, steroids or other chemicals by any student-athlete in a manner which is prohibited by the University Rules or Governing Athletics Rules, or failure or refusal to fully participate and cooperate in the University’s implementation and enforcement of any narcotic, drug, alcohol, controlled substance, steroid, or other chemical testing program(s);
(11) Engaging in conduct that violates any Governing Athletics Rules or University Rules concerning (a) consensual relationships between employees and students or (b) sexual harassment;
(12) Any conduct (a) that the University administration reasonably determines is unbecoming to an Associate Head Coach and reflects poorly on the University, the Program, or The University of Texas System; or (b) resulting in a criminal charge being brought against Associate Head Coach involving a felony, or any crime involving theft, dishonesty, or moral turpitude; or
(13) Any cause adequate to sustain the termination of any regular staff employee of the University. The University shall have no obligation to use progressive discipline regarding Associate Head Coach’s misconduct. Any University decision to utilize progressive discipline shall not create any future obligation for the University to use progressive discipline.
Appears in 1 contract
Suspension or Termination by the University for Cause. The University shall have the right and option to either suspend Athletics Director Head Coach for a period of time with or without pay or to terminate Athletics DirectorHead Coach’s employment and this Agreement for cause prior to the termination date stated in Section 3 above. In the event this Agreement is terminated for cause, all obligations of the University to make further payment or provide any other consideration hereunder shall cease as of the date of termination. In no case shall the University be liable to Athletics Director Head Coach for the loss of any collateral business opportunities, or any benefits, perquisites, income or consequential damages suffered by Athletics Director Head Coach as a result of the University’s termination of his/her employment. In addition to its normally understood meaning in employment contracts, the term “cause” shall include, without limitation, any of the following:
(1) Failure or refusal by Athletics Director Head Coach to perform any of the obligations, duties or responsibilities outlined in Section 4 or any refusal or unwillingness to perform any of such obligations, duties or responsibilities in good faith and to the best of Athletics DirectorHead Coach’s abilities;
(2) A serious or major violation or a pattern of violations of any Governing Athletics Rules or University Rules, whether intentional or negligent, by Athletics DirectorHead Coach, or the allowing or condoning, whether directly or by negligent supervision, of any such violation or pattern of violations, by Athletics Director or any coaching staff or other person under Athletics DirectorHead Coach’s supervision and direction, including student-athletes in the Program, in which this violation was known (or reasonably should have been known) by Athletics Director Head Coach in the course of his/her normal duties, and which may, in the sole judgment and discretion of the PresidentAthletics Director, reflect adversely upon the University, its athletics program or The University of Texas System, including, without limitation, any violation which may result in the University being investigated or placed on probation by the NCAA or the Conference;
(3) Failure by Head Coach to report immediately to the Athletics Compliance staff and the Athletics Director, any alleged violations of the Governing Athletics Rules or University Rules by Head Coach or by any coaches, staff members, student-athletes, or other persons that become known to Head Coach;
(4) Failing or refusing to fully cooperate in an inquiry or investigation conducted by the University, The University of Texas System, the NCAA, the __________ Conference, or a law enforcement agency. This includes, but is not limited to, failing to provide information or documents in a timely manner in response to any reasonable requests by the University, The University of Texas System, the NCAA, the __________ Conference, or directing or otherwise instructing any coach, staff member, student-athlete or other person not to cooperate or comply with such an inquiry;
(5) Failure by Head Coach to immediately report to the University’s Title IX Coordinator or Athletics Department’s Senior Woman Administrator, or law enforcement in the case of an emergency situation, any information Head Coach knows relating to alleged or suspected illegal gender discrimination, sexual harassment, sexual assault, sexual exploitation, or intimate partner violence;
(6) Any fraud or dishonesty by Head Coach while performing the duties required by this Agreement, including, but not limited to, falsifying, altering or otherwise fraudulently preparing any document(s) or record(s) of, or required by The University of Texas System, the University, the NCAA, or the Conference pertaining to the Program, recruits, student-athletes, transcripts, eligibility forms, compliance reports, expense reports, or any other document pertaining or related to any sanction of the Program;
(7) Engaging in conduct that violates any Governing Athletics Rules or University Rules concerning (a) consensual relationships between employees and students or (b) sexual harassment;
(8) Any conduct, including acts or omissions, that misleads the University or the Athletics Director about any matters related to the Program, including matters related to the Head Coach, any assistant coaches, or other staff members or any student-athletes;
(9) Any prolonged absence from the performance of Head Coach’s obligations, duties and responsibilities under this Agreement without prior consent of the Athletics Director;
(10) Engaging in, assisting, encouraging, or soliciting others to engage in bookmaking, illegal gambling, or betting of any type involving any intercollegiate or professional athletic contest;
(11) Possession, use, sale, or manufacture of any narcotics, drugs, or other controlled substances or steroids or other chemicals in a manner which is prohibited by the University Rules or Governing Athletics Rules, or allowing, encouraging, or condoning the possession, use, sale, or manufacture of any narcotics, drugs, alcohol, controlled substances, steroids or other chemicals by any student-athlete in a manner which is prohibited by the University Rules or Governing Athletics Rules, or failure or refusal to fully participate and cooperate in the University’s implementation and enforcement of any narcotic, drug, alcohol, controlled substance, steroid, or other chemical testing program(s);
(12) Any conduct (a) that the University administration reasonably determines is unbecoming to a Head Coach and reflects poorly on the University, the Program, or The University of Texas System; or (b) resulting in a criminal charge being brought against Head Coach involving a felony, or any crime involving theft, dishonesty, or moral turpitude;
(13) Team APR, NCAA Graduate Success Rate, or other academic measure that causes the Program to be ineligible for a post-season tournament game and Head Coach has repeatedly exhibited, in the opinion of the Athletics Director, grossly negligent failure to create and support an atmosphere of academic success and accountability; or
(14) Any cause adequate to sustain the termination of any regular staff employee of the University. The University shall have no obligation to use progressive discipline regarding Head Coach’s misconduct. Any University decision to utilize progressive discipline shall not create any future obligation for the University to use progressive discipline.
Appears in 1 contract
Samples: Head Coach Employment Agreement
Suspension or Termination by the University for Cause. The University shall have the right and option to either suspend Athletics Director Assistant Coach for a period of time with or without pay or to terminate Athletics DirectorAssistant Coach’s employment and this Agreement for cause prior to the termination date stated in Section 3 above. In the event this Agreement is terminated for cause, all obligations of the University to make further payment or provide any other consideration hereunder shall cease as of the date of termination. In no case shall the University be liable to Athletics Director Assistant Coach for the loss of any collateral business opportunities, or any benefits, perquisites, income or consequential damages suffered by Athletics Director Assistant Coach as a result of the University’s termination of his/her employment. In addition to its normally understood meaning in employment contracts, the term “cause” shall include, without limitation, any of the following:
(1) Failure or refusal by Athletics Director Assistant Coach to perform any of the obligations, duties or responsibilities outlined in Section 4 or any refusal or unwillingness to perform any of such obligations, duties or responsibilities in good faith and to the best of Athletics DirectorAssistant Coach’s abilities;; or
(2) A serious or major violation or a pattern of violations violations, whether intentional or negligent, by Assistant Coach of any Governing Athletics Rules or University Rules, whether intentional or negligent, by Athletics Director, or the allowing or condoning, whether directly or by negligent supervision, of any such which violation or pattern of violations, by Athletics Director or any coaching staff or other person under Athletics Director’s supervision and direction, including student-athletes in the Program, in which this violation was known (or reasonably should have been known) by Athletics Director in the course of his/her normal duties, and which may, in the sole judgment and discretion of the PresidentAthletics Director, reflect adversely upon the University, its athletics program program, or The University of Texas System, including, without limitationbut not limited to, any violation which may result in the University being investigated or placed on probation by the NCAA or any Conference; or
(3) Failure by Assistant Coach to report immediately to the Athletics Compliance staff and, when appropriate, to the Athletics Director, any alleged violations of the Governing Athletics Rules or University Rules by Assistant Coach or by other coaches, staff, student-athletes, or other persons that become known to Assistant Coach; or
(4) Failing or refusing to provide information or documents in response to any reasonable requests or inquiries by the NCAA, the __________ Conference;, or any other governing body concerning or related to the Program; or
(5) Any fraud or dishonesty by Assistant Coach while performing the duties required by this Agreement, including, but not limited to, falsifying, altering or otherwise fraudulently preparing any document(s) or record(s) of, or required by The University of Texas System, the University, the NCAA, or the Conference pertaining to the Program, recruits or student-athletes, transcripts, eligibility forms, compliance reports, expense reports, or any other document pertaining or related to any sanction of the Program; or
(6) Any conduct, including acts or omissions, that misleads the University, the Head Coach, or the Athletics Director about any matters related to the Program; or
(7) Any prolonged absence from the performance of Assistant Coach’s obligations, duties and responsibilities under this Agreement without prior consent of the Head Coach; or
(8) Engaging in, assisting, encouraging, or soliciting others to engage in bookmaking, illegal gambling, or betting of any type involving any intercollegiate or professional athletic contest; or
(9) Possession, use, sale, or manufacture of any narcotics, drugs, or other controlled substances or steroids or other chemicals in a manner which is prohibited by the University Rules or Governing Athletics Rules, or allowing, encouraging, or condoning the possession, use, sale, or manufacture of any narcotics, drugs, alcohol, controlled substances, steroids or other chemicals by any student-athlete in a manner which is prohibited by the University Rules or Governing Athletics Rules, or failure or refusal to fully participate and cooperate in the University’s implementation and enforcement of any narcotic, drug, alcohol, controlled substance, steroid, or other chemical testing program(s); or
(10) Engaging in conduct that violates any Governing Athletics Rules or University Rules concerning (a) consensual relationships between employees and students or (b) sexual harassment; or
(11) Any conduct (a) that the University administration reasonably determines is unbecoming to an assistant coach and reflects poorly on the University, the Program, or The University of Texas System; or (b) resulting in a criminal charge being brought against Assistant Coach involving a felony, or any crime involving theft, dishonesty, or moral turpitude; or
(12) Any cause adequate to sustain the termination of any regular staff employee of the University. The University shall have no obligation to use progressive discipline regarding Assistant Coach’s misconduct. Any University decision to utilize progressive discipline shall not create any future obligation for the University to use progressive discipline.
Appears in 1 contract
Samples: Assistant Coach Employment Agreement
Suspension or Termination by the University for Cause. The University shall have the right and option to either suspend Athletics Director Associate Head Coach for a period of time with or without pay or to terminate Athletics DirectorAssociate Head Coach’s employment and this Agreement for cause prior to the termination date stated in Section 3 2 above. In the event this Agreement is terminated for cause, all obligations of the University to make further payment or provide any other consideration hereunder shall cease as of the date of termination. In no case shall the University be liable to Athletics Director Associate Head Coach for the loss of any collateral business opportunities, or any benefits, perquisites, income or consequential damages suffered by Athletics Director Associate Head Coach as a result of the University’s termination of his/her employment. In addition to its normally understood meaning in employment contracts, the term “cause” shall include, without limitation, any of the following:
(1) Failure or refusal by Athletics Director Associate Head Coach to perform any of the obligations, duties or responsibilities outlined in Section 4 or any refusal or unwillingness to perform any of such obligations, duties or responsibilities in good faith and to the best of Athletics DirectorAssociate Head Coach’s abilities;
(2) A serious or major violation or a pattern of violations of any Governing Athletics Rules or University Rules, whether intentional or negligent, by Athletics DirectorAssociate Head Coach, or the allowing or condoning, whether directly or by negligent supervision, of any such violation or pattern of violations, by Athletics Director or any coaching staff or other person under Athletics DirectorAssociate Head Coach’s supervision and direction, including student-athletes in the Program, in which this violation was known (or reasonably should have been known) by Athletics Director Associate Head Coach in the course of his/her normal duties, and which may, in the sole judgment and discretion of the PresidentAthletics Director, reflect adversely upon the University, its athletics program Athletics Department or The University of Texas System, including, without limitation, any violation which may result in the University being investigated or placed on probation by the NCAA or the Conference;
(3) Failure by Associate Head Coach to report immediately to the Athletics Compliance staff, Head Coach, and Athletics Director, as appropriate, any alleged violations of the Governing Athletics Rules or University Rules by Associate Head Coach, other coaches, staff, student-athletes or other persons, that become known to Associate Head Coach;
(4) Failing or refusing to fully cooperate in an inquiry or investigation conducted by the University, The University of Texas System, the NCAA, the __________ Conference, or a law enforcement agency. This includes, but is not limited to, failing to provide information or documents in a timely manner in response to any reasonable requests by the University, The University of Texas System, the NCAA, the __________ Conference, or directing or otherwise instructing any coach, staff member, student-athlete or other person not to cooperate or comply with such an inquiry or investigation;
(5) Failure by Associate Head Coach to immediately report to the University’s Title IX Coordinator or Athletics Department’s Senior Woman Administrator, or law enforcement in the case of an emergency situation, any information Head Coach knows relating to alleged or suspected illegal gender discrimination, sexual harassment, sexual assault, sexual exploitation, or intimate partner violence;
(6) Any fraud or dishonesty by Associate Head Coach while performing the duties required by this Agreement, including, but not limited to, falsifying, altering or otherwise fraudulently preparing any document(s) or record(s) of, or required by The University of Texas System, the University, the NCAA or the Conference pertaining to the Program, recruits or student-athletes, transcripts, eligibility forms, compliance reports, expense reports, or any other document pertaining or related to any sanction of the Program;
(7) Any conduct, including acts or omissions, that misleads the University or the Athletics Director about any matters related to the Program, including matters related to the Head Coach, Associate Head Coach, any assistant coaches or other staff members or any student-athletes;
(8) Any prolonged absence from the performance of Associate Head Coach’s obligations, duties and responsibilities under this Agreement without prior consent of the Athletics Director;
(9) Engaging in, assisting, encouraging, or soliciting others to engage in bookmaking, illegal gambling, or betting of any type involving any intercollegiate or professional athletic contest;
(10) Possession, use, sale, or manufacture of any narcotics, drugs, or other controlled substances or steroids or other chemicals in a manner which is prohibited by the University Rules or Governing Athletics Rules, or allowing, encouraging, or condoning the possession, use, sale, or manufacture of any narcotics, drugs, alcohol, controlled substances, steroids or other chemicals by any student-athlete in a manner which is prohibited by the University Rules or Governing Athletics Rules, or failure or refusal to fully participate and cooperate in the University’s implementation and enforcement of any narcotic, drug, alcohol, controlled substance, steroid, or other chemical testing program(s);
(11) Engaging in conduct that violates any Governing Athletics Rules or University Rules concerning (a) consensual relationships between employees and students or (b) sexual harassment;
(12) Any conduct (a) that the University administration reasonably determines is unbecoming to an Associate Head Coach and reflects poorly on the University, the Program, or The University of Texas System; or (b) resulting in a criminal charge being brought against Associate Head Coach involving a felony, or any crime involving theft, dishonesty, or moral turpitude; or
(13) Any cause adequate to sustain the termination of any regular staff employee of the University. The University shall have no obligation to use progressive discipline regarding Associate Head Coach’s misconduct. Any University decision to utilize progressive discipline shall not create any future obligation for the University to use progressive discipline.
Appears in 1 contract
