Termination by University for Cause. The University shall have the right to terminate this Agreement for cause at any time. The term “cause” shall include, in addition to and as examples of its reasonable and customary meaning in employment contracts, any of the following:
1. Failure to perform the duties outlined in Article 4.2 of this Agreement or refusal or unwillingness to perform such duties in good faith and to the best of the Employee’s abilities;
2. Material breach by Employee of any of the other terms and conditions of this Agreement;
3. Any conduct of the Employee in violation of any criminal statute of moral turpitude;
4. Any behavior of Employee that brings Employee into public disrepute, contempt, scandal or ridicule or any behavior that would bring disfavor to the reputation of the University;
5. Any serious or intentional violation of any law or of any policy, rule, regulation, constitutional provision, bylaw or interpretation of the University, the Nevada System of Higher Education, the NCAA or the Conference, which violation may, in the sole judgment of the University, reflect adversely upon the University or its Athletic Department. This shall include, without limitation, any violation which may result in the University being sanctioned by the NCAA or the Conference, and may also include any violation which may have occurred during prior employment of the Employee at another NCAA member institution;;
6. Any intentional violation, of which Employee knew or should have known, of any law or of any policy, rule, regulation, constitutional provision, bylaw or interpretation of the University, the NCAA or the Conference, which violation may, in the sole judgment of the University, reflect adversely upon the University or the programs of its Athletic Department, including any violation which may result in the University being sanctioned by the NCAA or the Conference;
7. Conduct of the Employee which, in the sole judgment of the University, is seriously prejudicial to the best interests of the University or its Athletic Department or which violates the University’s mission;
8. Prolonged absence from duty without the written consent from the President; or
9. Any cause adequate to sustain the termination of any other University employee under the provisions of the NSHE Code, Title 2, Chapter 6.
Termination by University for Cause. (a) The University may terminate the Interim President’s employment at any time for Cause upon written notice to the Interim President. "Cause" means any of the following grounds, determined in the sole judgment of the Board:
Termination by University for Cause. This Agreement may be terminated by UNIVERSITY for Cause at any time upon written notice to COACH. For purposes hereof, “
Termination by University for Cause. University will have the right to terminate the Agreement for cause in the event Coach breaches the Agreement; violates any (“Conference”), NCAA, University, or System rules or policies; engages in criminal, immoral or unethical conduct or otherwise brings the University into disrepute; engages in misconduct. If the Agreement is terminated for cause, the University shall have no obligation to make further payments to Coach.
Termination by University for Cause. The University shall have the right to terminate this Agreement for cause prior to its normal expiration under paragraph 2.1, above. The term “cause” shall include, in addition to and as examples of its normally understood meaning in employment contracts, any of, but not limited to or by the following:
6.1.1 Unwillingness or refusal to perform the duties outlined in this agreement or failure to perform such duties in good faith and to the best of Lamb’s abilities;
6.1.2 Violations by Lamb of any of the other terms and conditions of this Agreement not remedied after ten
Termination by University for Cause. 16
6.1.d. Determination of Cause and Employee’s Right to University Hearing 17
Termination by University for Cause. In the event this Agreement is terminated by the University for cause (as defined herein), Gosha’s employment with the University shall cease on the date that written notice is delivered, and Gosha shall not be entitled to any further compensation or benefits whatsoever including, but not limited to, bonuses, lump sum or base increases, or any benefits set forth in Section 5.A. of this Agreement. For the purposes of this subsection 2, “cause” shall be defined as any act or omission that amounts to neglect of Gosha’s duties; grave dishonesty; insubordination or derogatory comments that adversely affect the University, any Program, or the University’s athletics department; or a material breach of any University regulation or policy or term of this Agreement including, without limitation, those activities prohibited under Section 8.A. above. “Cause” is further defined to include any reckless or knowing act or omission that is illegal (except for minor traffic offenses), fraudulent or involves moral turpitude or the inability of Gosha to perform the duties set forth in this Agreement.
Termination by University for Cause. Paragraph 12.01(c) of the Employment Agreement is hereby amended to include the following provision regarding Coach’s waiver and forfeiture of any and all rights to the Retirement Plan in the event the University terminates the Employment Agreement for cause: Further, in the event this Employment Agreement is terminated for cause, Coach shall waive and forfeit any and all rights to the Plan created pursuant to Paragraph
Termination by University for Cause. (a) The University shall have the right to terminate this Employment Agreement prior to its expiration date if there is cause for terminating Coach’s employment. In addition to and as examples of its normally-understood meaning in employment contracts, the term “termination for cause” shall be understood to include, but not be limited to, any of the following:
(1) conviction of (or entry into pre-trial intervention as a result of) a criminal act that constitutes either a felony, or a misdemeanor involving moral turpitude;
(2) the committing of a major violation of NCAA Legislation (as defined in Article 19 of NCAA Legislation) while at the University or while employed at another NCAA member institution, or the committing of a series or pattern of secondary violations of NCAA Legislation (as defined in Article 19 of NCAA Legislation) while at the University, or knowingly committing any violation of NCAA Legislation while at the University;
(3) the committing of a major violation of NCAA Legislation (as defined in Article 19 of NCAA Legislation) or the committing of a series or pattern of secondary violations of NCAA Legislation (as defined in Article 19 of NCAA Legislation) by a member of Coach’s coaching staff while at the University of which Coach had prior actual knowledge or reasonably should have had prior actual knowledge;
(4) the committing of a major violation of NCAA Legislation (as defined in Article 19 of NCAA Legislation) while Coach is at the University by any representative of the University’s athletics interest of which Coach has actual knowledge or reasonably should have had prior actual knowledge, and Coach fails to report such violation immediately to the Athletics Director and the NCAA Compliance Coordinator;
(5) the failure to report to the Athletics Director or the NCAA Compliance Coordinator any violation of NCAA Legislation by the University of which Coach has actual knowledge;
(6) the failure to take appropriate disciplinary action against a member of his coaching staff found by the NCAA or the University to have committed a violation of NCAA Legislation;
(7) substantial physical or mental incapacity lasting in excess of forty five (45) continuous days which cannot reasonably be accommodated by the University and which interferes with Coach’s ability to perform essential functions of the duties and responsibilities set forth herein.
(8) violation of any material provision of this Employment Agreement not corrected by Coach within ten...
Termination by University for Cause. Upon the happening of any of the following events and with ten (10) days written notice and an opportunity to meet with the Director of Athletics, the University may terminate this Agreement and Coach Xxxxxxxxxxx’x employment without pay and without any further obligations:
A. A determination by the University, the NCAA, the Pac-12, any other equivalent body, or a court of law that Coach Xxxxxxxxxxx has committed a major violation of the constitution, bylaws, rules, or regulations of the University, the NCAA, the Pac-12, or any other rule-making body having jurisdiction over the activities of the Football Program.
B. A determination by the University, the NCAA, the Pac-12, any other equivalent body, or a court of law that any assistant coach of Coach Xxxxxxxxxxx has committed a major violation of the constitution, bylaws, rules, or regulations of the University, the NCAA, the Pac-12, or any other rule-making body having jurisdiction over the activities of the Football Program, and that Coach Xxxxxxxxxxx0) had directed that such violation(s) occur, 2) had prior knowledge of the violation(s) and failed to take appropriate actions to prevent such violation(s); and/or 3) failed to timely report such violation(s) to the University after they became known to Coach Xxxxxxxxxxx.
C. A conviction of, or plea of guilty or nolo contendere to a felony.
D. A violation by Coach Xxxxxxxxxxx of a material term or condition of this Agreement that is seriously prejudicial to the reputation and best interests of the University and/or its intercollegiate athletics program.
E. Any other violation by Coach Xxxxxxxxxxx of a material term or condition of this Agreement if not corrected within twenty (20) days from written notice from the Athletics Director.
