Common use of Suspension or Termination for Cause Clause in Contracts

Suspension or Termination for Cause. George’s employment may be suspended for a period of time, without pay, or terminated for cause with immediate cessation of all salary payments and fringe benefits, except for salary or incentives earned by Xxxxxx xxxxx to suspension or termination, based on any one or more of the following grounds: (a) Insubordinate conduct, provided that Xxxxxx has been given notice of a complaint of that insubordinate conduct and, unless the conduct is flagrant or repetitive, an opportunity to correct the complaint. (b) Use or consumption by Xxxxxx of alcoholic beverages, drugs, or controlled substances in such degree and for such appreciable period or under circumstances as to significantly impair his ability to perform his duties hereunder; or failure by Xxxxxx to fully cooperate in the enforcement and implementation of any drug testing program established by University for student-athletes. (c) Xxxxxx is indicted, bound over for trial, or a finding of probable cause is otherwise made or Xxxxxx enters a plea of guilty or of nolo contendere, whichever comes earlier, in a criminal case (excluding minor traffic offenses). (d) Fraud, misappropriation, fiscal misconduct or embezzlement by Xxxxxx. (e) Any Level I or Level II violation by Xxxxxx of NCAA or Conference legislation, as determined by the Chancellor, resulting from the operation of the Athletics Department. (f) Any Level I or Level II violation of NCAA or Conference legislation, as determined by Chancellor, resulting from the operation of the Athletics Department if the violation was committed by any Athletics Department personnel; any student athlete; or any other “representative of the University’s athletic interests” (as defined by the NCAA) if, in the judgment of the Xxxxxxxxxx, Xxxxxx knew or should have known of the violation; had prior knowledge of the violation and did not prevent or try to prevent the violation; and/or concealed or failed to report the violation. (g) Any repeated Level III or Level IV violation of NCAA or Conference legislation, as determined by the Chancellor, resulting from the operation of the Athletics Department, if, in the judgment of the Xxxxxxxxxx, Xxxxxx knew or should have known of the violations; had prior knowledge of the violations and did not prevent or try to prevent the violations; and/or concealed or failed to report the violations. In order to provide a basis for termination under this paragraph 9(g), all such violations must have occurred during the term of George’s tenure in the position of Athletic Director. Further, such violations must be repeated violations of the same kind or nature and must be determined, in the sole judgment of the Chancellor, to reflect adversely on the University, the University of Colorado Boulder, or the Athletics Department. (h) Public Statements by Xxxxxx concerning the University, its personnel, programs, policies and/or departments that, in the judgment of the Chancellor, cause damage to the University’s reputation. (i) Any material violation of any Laws of the Regents, Regent Policy, University of Colorado Administrative Policy Statements, or campus policies, or being found responsible by the University Office of Institutional Equity and Compliance for violating Administrative Policy Statement 5014 or any corresponding campus policy related to discrimination, harassment, or sexual misconduct. (j) Fraud or falsification or alteration by Xxxxxx or any other person reporting to Xxxxxx (if Xxxxxx knew or should have known about the other person’s fraud or falsification or alteration and permitted, encouraged, condoned or failed to report such fraud or falsification or alteration) in the preparation, maintenance, and/or submission of: (i) any document of the University, NCAA or the Conference; (ii) any document required to be prepared, submitted and/or maintained by law, governing athletic rules or University rules, policies, or Board Laws; or (iii) any document or record pertaining to any recruit or student- athlete.

Appears in 2 contracts

Samples: Employment Agreement, Employment Agreement

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Suspension or Termination for Cause. George’s Xxxxxxx’x employment may be suspended for a period of time, without pay, or terminated for cause with immediate cessation of all salary payments and fringe benefits, except for salary or incentives earned by Xxxxxx xxxxx Xxxxxxx prior to suspension or termination, based on upon, but not limited to, any one or more of the following grounds: (a) Insubordinate conduct, provided that Xxxxxx Xxxxxxx has been given notice of a complaint of that insubordinate conduct and, unless in the sole opinion of the Athletics Director the conduct is flagrant or repetitive, an opportunity to correct the complaintconduct. (b) Use or consumption by Xxxxxx Xxxxxxx of alcoholic beverages, drugs, or controlled substances in such degree and for such appreciable period or under circumstances as to significantly impair his ability to perform his duties hereunder; or failure by Xxxxxx Xxxxxxx to fully cooperate in the enforcement and implementation of any drug testing program established by University for student-athletes. (cx) Xxxxxx Xxxxxxx is indicted, bound over for trial, or a finding of probable cause is otherwise made or Xxxxxx coach enters a plea of guilty or of nolo contendere, whichever comes earlier, in a criminal case (excluding minor traffic offenses). (d) FraudA finding by the University Office of Internal Audit of fraud, misappropriation, fiscal misconduct or embezzlement by XxxxxxXxxxxxx. (e) Any Determination by the Athletics Director in consultation with the Director of Compliance or a finding by the NCAA or Conference, whichever comes earlier, that Xxxxxxx has committed a Level I or and/or Level II violation by Xxxxxx of NCAA or Conference legislation, as determined by the ChancellorLegislation, resulting from the operation of the Athletics Department.Football Program; (f) Any Determination by the Athletics Director in consultation with the Director of Compliance or a finding by the NCAA or Conference, whichever comes earlier, of a Level I or and/or Level II violation of NCAA or Conference legislation, as determined by Chancellor, resulting from the operation of the Athletics Department Legislation if the violation was committed by any Athletics Department Football Program personnel; any and Football Program student athlete; athlete or any other “representative of the University’s athletic interests” (as defined by the NCAA) if, in the judgment of the XxxxxxxxxxAthletics Director, Xxxxxx Xxxxxxx knew or should have known of the violation; had prior knowledge of if the violation and did not prevent or try to prevent the violation; and/or violation or concealed or failed to report the violation.; (g) Any Determination by the Athletics Director in consultation with the Director of Compliance or finding by the NCAA or Conference, whichever comes earlier, of any repeated Level III or Level IV violation of NCAA or Conference legislation, as determined by the Chancellor, resulting from the operation of the Athletics Department, Legislation if, in the judgment of the Xxxxxxxxxx, Xxxxxx knew or should have known Athletics Director in consultation with the Director of the violations; Compliance Xxxxxxx had prior knowledge of the violations and did not prevent or try to prevent the violations; and/or violation or concealed or failed to report the violations. violation; In order to provide a basis for termination under this paragraph 9(g), subparagraph 12.g all such Level III violations must have occurred during the term of George’s Xxxxxxx’x tenure in the position of Athletic DirectorHead Football Coach. Further, such Level III violations must be repeated violations of the same kind or nature and must be determined, in the sole judgment of the Chancellor, Athletics Director to reflect adversely on the University, the University of Colorado BoulderAthletics Department, or the Athletics DepartmentFootball Program. (h) Public Statements by Xxxxxx Xxxxxxx concerning the University, its personnel, programs, policies and/or departments that, in the judgment of the Athletics Director, in consultation with the Chancellor, cause damage to the University’s reputation. (i) Dishonest or other conduct that, in the reasonable judgment of the Athletics Director, falls below the minimum standards of professional integrity or that is inconsistent with the professional standards expected of a coach of a collegiate sports team and that is prejudicial to the best interests of the University or that violates the University’s mission. j) Any material violation of any Laws of the Regents, Regent Policy, University of Colorado Administrative Policy Statements, or campus policies, or being found responsible by the University Office of Institutional Equity and Compliance for violating Administrative Policy Statement 5014 or any corresponding campus policy related to discrimination, harassment, or sexual misconduct. (jk) Fraud or dishonesty (including falsification or alteration alteration) by Xxxxxx Xxxxxxx or any other person reporting to Xxxxxx Xxxxxxx (if Xxxxxx Xxxxxxx knew or should have known about the other person’s fraud or falsification or alteration dishonesty and permitted, encouraged, condoned or failed to report such fraud or falsification or alterationdishonesty) in the preparation, maintenance, and/or submission of: (i) any document of the University, NCAA or the Conference; (ii) any document required to be prepared, submitted and/or maintained by law, governing athletic rules or University rules, policies, or Board LawsRegent laws or policies; or (iii) any document or record pertaining to any recruit or student- student-athlete.

Appears in 1 contract

Samples: Employment Agreement

Suspension or Termination for Cause. George’s Xxxxx’x employment may be suspended for a period of time, without pay, or terminated for cause with immediate cessation of all salary payments and fringe benefits, except for salary or incentives earned by Xxxxxx xxxxx Xxxxx prior to suspension or termination, based on any one or more of the following grounds: (a) Insubordinate conduct, provided that Xxxxxx Xxxxx has been given notice of a complaint of that insubordinate conduct and, unless in the sole opinion of the Athletics Director the conduct is flagrant or repetitive, an opportunity to correct the complaintconduct. (b) Use or consumption by Xxxxxx Xxxxx of alcoholic beverages, drugs, or controlled substances in such degree and for such appreciable period or under circumstances as to significantly impair his her ability to perform his her duties hereunder; or failure by Xxxxxx Xxxxx to fully cooperate in the enforcement and implementation of any drug testing program established by University for student-athletes. (c) Xxxxxx Xxxxx is indicted, bound over for trial, or a finding of probable cause is otherwise made or Xxxxxx Xxxxx enters a plea of guilty or of nolo contendere, whichever comes earlier, in a criminal case (excluding minor traffic offenses). (d) Fraud, misappropriation, fiscal misconduct or embezzlement by XxxxxxXxxxx. (e) Any Level I or Level II major violation by Xxxxxx Xxxxx of NCAA or Conference legislation, as determined by the ChancellorAthletics Director, resulting from the operation of the Athletics DepartmentWomen’s Basketball Program. (f) Any Level I or Level II major violation of NCAA or Conference legislation, as determined by the Athletics Director in consultation with the Chancellor, resulting from the operation of the Athletics Department Women’s Basketball Program if the violation was committed by any Athletics Department Women’s Basketball Program personnel; any student athlete; or any other “representative of the University’s athletic interests” (as defined by the NCAA) if, in the judgment of the XxxxxxxxxxAthletics Director in consultation with the Chancellor, Xxxxxx Xxxxx knew or should have known of the violation; had prior knowledge of the violation and did not prevent or try to prevent the violation; and/or concealed or failed to report the violation. (g) Any repeated Level III or Level IV violation secondary violations of NCAA or Conference legislation, as determined by the ChancellorAthletics Director, resulting from the operation of the Athletics DepartmentWomen’s Basketball Program, if, in the judgment of the XxxxxxxxxxAthletics Director in consultation with the Chancellor, Xxxxxx Xxxxx knew or should have known of the violations; had prior knowledge of the violations and did not prevent or try to prevent the violations; and/or concealed or failed to report the violations. In order to provide a basis for termination under this paragraph 9(g10(g), all such secondary violations must have occurred during the term of GeorgeXxxxx’x tenure as Head Women’s tenure in the position of Athletic DirectorBasketball Coach. Further, such secondary violations must be repeated violations of the same kind or nature and must be determined, in the sole judgment of the ChancellorAthletics Director, to reflect adversely on the University, the University of Colorado BoulderUCB Campus, the Athletics Department, or the Athletics DepartmentWomen’s Basketball Program. (h) Public Statements by Xxxxxx Xxxxx concerning the University, its personnel, programs, policies and/or departments that, in the judgment of the Athletics Director in consultation with the Chancellor, cause damage to the University’s reputation. (i) Any material violation Immoral, dishonest or other conduct that, in the reasonable judgment of the Athletics Director, falls below the minimum standards of professional integrity or that is inconsistent with the professional standards expected of a coach of a collegiate sports team and that is prejudicial to the best interests of the University or that violates the University’s mission. j) Violation of any Laws of the RegentsRegent law, Regent Policypolicy, or University or University of Colorado Administrative Policy StatementsBoulder campus policy, or campus policiesincluding, or but not limited to, being found responsible by the University Office of Institutional Equity and Compliance for violating Administrative Policy Statement 5014 one or any corresponding campus policy related to discriminationmore of the following policies: Discrimination and Harassment, harassment, or sexual misconductSexual Misconduct and/or Amorous Relationships. (jk) Fraud or dishonesty (including falsification or alteration alteration) by Xxxxxx Xxxxx or any other person reporting to Xxxxxx Xxxxx (if Xxxxxx Xxxxx knew or should have known about the other person’s fraud or falsification or alteration dishonesty and permitted, encouraged, condoned or failed to report such fraud or falsification or alterationdishonesty) in the preparation, maintenance, and/or submission of: (i) any document of the University, NCAA or the Conference; (ii) any document required to be prepared, submitted and/or maintained by law, governing athletic rules or University rules, policies, or Board LawsRegent laws or policies; or (iii) any document or record pertaining to any recruit or student- student-athlete.

Appears in 1 contract

Samples: Employment Agreement

Suspension or Termination for Cause. GeorgeXxxxxx’s employment may be suspended for a period of time, without pay, or terminated for cause with immediate cessation of all salary payments and fringe benefits, except for salary or incentives earned by Xxxxxx xxxxx to suspension or termination, based on any one or more of the following grounds: (a) Insubordinate conduct, provided that Xxxxxx has been given notice of a complaint of that insubordinate conduct and, unless the conduct is flagrant or repetitive, an opportunity to correct the complaint. (b) Use or consumption by Xxxxxx of alcoholic beverages, drugs, or controlled substances in such degree and for such appreciable period or under circumstances as to significantly impair his ability to perform his duties hereunder; or failure by Xxxxxx to fully cooperate in the enforcement and implementation of any drug testing program established by University for student-athletes. (c) Xxxxxx is indicted, bound over for trial, or a finding of probable cause is otherwise made or Xxxxxx enters a plea of guilty or of nolo contendere, whichever comes earlier, in a criminal case (excluding minor traffic offenses). (d) Fraud, misappropriation, fiscal misconduct or embezzlement by Xxxxxx. (e) Any Level I or Level II violation by Xxxxxx of NCAA or Conference legislation, as determined by the Chancellor, resulting from the operation of the Athletics Department. (f) Any Level I or Level II violation of NCAA or Conference legislation, as determined by Chancellor, resulting from the operation of the Athletics Department if the violation was committed by any Athletics Department personnel; any student athlete; or any other “representative of the University’s athletic interests” (as defined by the NCAA) if, in the judgment of the Xxxxxxxxxx, Xxxxxx knew or should have known of the violation; had prior knowledge of the violation and did not prevent or try to prevent the violation; and/or concealed or failed to report the violation. (g) Any repeated Level III or Level IV violation of NCAA or Conference legislation, as determined by the Chancellor, resulting from the operation of the Athletics Department, if, in the judgment of the Xxxxxxxxxx, Xxxxxx knew or should have known of the violations; had prior knowledge of the violations and did not prevent or try to prevent the violations; and/or concealed or failed to report the violations. In order to provide a basis for termination under this paragraph 9(g11(g), all such violations must have occurred during the term of GeorgeXxxxxx’s tenure in the position of Athletic Athletics Director. Further, such violations must be repeated violations of the same kind or nature and must be determined, in the sole judgment of the Chancellor, to reflect adversely on the University, the University of Colorado Boulder, or the Athletics Department. (h) Public Statements by Xxxxxx concerning the University, its personnel, programs, policies and/or departments that, in the judgment of the Chancellor, cause damage to the University’s reputation. (i) Any material violation of any Laws of the Regents, Regent Policy, University of Colorado Administrative Policy Statements, or campus policies, or being found responsible by the University Office of Institutional Equity and Compliance for violating Administrative Policy Statement 5014 or any corresponding campus policy related to discrimination, harassment, or sexual misconduct. (j) Fraud or falsification or alteration by Xxxxxx or any other person reporting to Xxxxxx (if Xxxxxx knew or should have known about the other person’s fraud or falsification or alteration and permitted, encouraged, condoned or failed to report such fraud or falsification or alteration) in the preparation, maintenance, and/or submission of: (i) any document of the University, NCAA or the Conference; (ii) any document required to be prepared, submitted and/or maintained by law, governing athletic rules or University rules, policies, or Board Laws; or (iii) any document or record pertaining to any recruit or student- athlete.

Appears in 1 contract

Samples: Employment Agreement

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Suspension or Termination for Cause. GeorgeXxxxxx’s employment may be suspended for a period of time, without pay, or terminated for cause with immediate cessation of all salary payments and fringe benefits, except for salary or incentives earned by Xxxxxx xxxxx to suspension or termination, based on any one or more of the following grounds: (a) Insubordinate conduct, provided that Xxxxxx has been given notice of a complaint of that insubordinate conduct and, unless the conduct is flagrant or repetitive, an opportunity to correct the complaint. (b) Use or consumption by Xxxxxx of alcoholic beverages, drugs, or controlled substances in such degree and for such appreciable period or under circumstances as to significantly impair his ability to perform his duties hereunder; or failure by Xxxxxx to fully cooperate in the enforcement and implementation of any drug testing program established by University for student-athletes. (c) Xxxxxx is indicted, bound over for trial, or a finding of probable cause is otherwise made or Xxxxxx enters a plea of guilty or of nolo contendere, whichever comes earlier, in a criminal case (excluding minor traffic offenses). (d) Fraud, misappropriation, fiscal misconduct or embezzlement by Xxxxxx. (e) Any Level I or Level II violation by Xxxxxx of NCAA or Conference legislation, as determined by the Chancellor, resulting from the operation of the Athletics Department. (f) Any Level I or Level II violation of NCAA or Conference legislation, as determined by Chancellor, resulting from the operation of the Athletics Department if the violation was committed by any Athletics Department personnel; any student athlete; or any other “representative of the University’s athletic interests” (as defined by the NCAA) if, in the judgment of the Xxxxxxxxxx, Xxxxxx knew or should have known of the violation; had prior knowledge of the violation and did not prevent or try to prevent the violation; and/or concealed or failed to report the violation. (g) Any repeated Level III or Level IV violation of NCAA or Conference legislation, as determined by the Chancellor, resulting from the operation of the Athletics Department, if, in the judgment of the Xxxxxxxxxx, Xxxxxx knew or should have known of the violations; had prior knowledge of the violations and did not prevent or try to prevent the violations; and/or concealed or failed to report the violations. In order to provide a basis for termination under this paragraph 9(g10(g), all such violations must have occurred during the term of GeorgeXxxxxx’s tenure in the position of Athletic Director. Further, such violations must be repeated violations of the same kind or nature and must be determined, in the sole judgment of the Chancellor, to reflect adversely on the University, the University of Colorado BoulderUCB Campus, or the Athletics Department. (h) Public Statements by Xxxxxx concerning the University, its personnel, programs, policies and/or departments that, in the judgment of the Chancellor, cause damage to the University’s reputation. (i) Any material violation Violation of any Laws of the RegentsBoard law, Regent Policy, University of Colorado Administrative Policy StatementsBoard policy, or UCB campus policies, or policy and/or being found responsible by the University UCB Office of Institutional Equity Discrimination and Compliance Harassment for violating Administrative Policy Statement 5014 one or any corresponding campus policy related to discriminationmore of the following policies: Discrimination and Harassment, harassment, or sexual misconductSexual Harassment and/or Amorous Relationships. (j) Fraud or falsification or alteration by Xxxxxx or any other person reporting to Xxxxxx (if Xxxxxx knew or should have known about the other person’s fraud or falsification or alteration and permitted, encouraged, condoned or failed to report such fraud or falsification or alteration) in the preparation, maintenance, and/or submission of: (i) any document of the University, NCAA or the Conference; (ii) any document required to be prepared, submitted and/or maintained by law, governing athletic rules or University rules, policies, or Board Laws; or (iii) any document or record pertaining to any recruit or student- athlete.

Appears in 1 contract

Samples: Employment Agreement

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