Common use of Termination by University for Good Cause Clause in Contracts

Termination by University for Good Cause. The University has the right to terminate the Employee for “Good Cause” by delivering to the Employee a written notice of the University’s intent to terminate this Agreement for Good Cause, which notice shall be effective upon notice from the University to the Employee or at such later time as such notice may specify. In the event the Employee is terminated and/or fired by the University at any time for Good Cause, the Employee is not entitled to the payment of any salary, benefits, damages or severance pay beyond the effective date of said termination for Good Cause (except for amounts earned, accrued, vested or due prior to such date). Furthermore, in the event the Employee is terminated and/or fired by the University at any time for Good Cause, the Employee’s faculty appointment shall also be terminated upon termination of this Agreement. For purposes of this Agreement, “Good Cause” shall be defined, along with its other normally understood meanings in employment contracts, as: (i) A deliberate or serious violation of any local, State or federal law, rule, regulation or Constitutional provision, or Board of Trustees or University bylaw, regulation or rule, which violation may, in the sole judgment of the University, reflect unfavorably upon the Board of Trustees or University in any material respect; (ii) Material insubordination; (iii) the Employee’s conviction or plea of nolo contendere to a misdemeanor involving financial impropriety, moral turpitude or harassment of a University student or employee, or any conviction or plea of nolo contendere to a felony, or the University’s independent finding of any conduct of the Employee that constitutes financial impropriety, moral turpitude or harassment; (iv) Participation in an act of dishonesty, which act is materially harmful to the University; (v) Misconduct (as defined by the Government Severance Pay Act (5 ILCS 415/)) or willful neglect in the performance of the Employee’s duties that xxxxx the University; (vi) Material violations of University policies, including, but not limited to, the Title IX/Sexual Misconduct Policy and the Non- Discrimination/Harassment Policy; (vii) Failure of the Employee to promptly report to the University if Employee knows (or would have known in the exercise of reasonable diligence) of a serious violation of any local, State, or federal law, rule, regulation or Constitutional provision, or Board of Trustees or University bylaw, regulation or rule; (viii) Failure of the Employee to inform, cooperate with and collaborate with senior officials of University; (ix) Absence from the University for ten (10) business days or more without the consent of the University, except as provided by the federal Family and Medical Leave Act or any other pertinent federal or State law; (x) A violation of prohibition against activity as stated in Article IV of this Agreement; or (xi) As otherwise defined by law. The standard for termination for Good Cause (to the extent in conflict with University rules or policies which permit termination) shall be as defined in this Article. The Parties understand and agree that the University shall have no obligation to use progressive discipline regarding the Employee’s misconduct. Any University decision to utilize progressive discipline shall not create any future obligation for the University to use progressive discipline. In the event of termination of this Agreement for Good Cause, all obligations of the University under this Agreement shall cease immediately; provided, however, that the University shall be responsible to pay the Employee all amounts of compensation the Employee has earned (or which have accrued or have been achieved), but remain unpaid, as of the date of termination.

Appears in 2 contracts

Samples: Employment Agreement, Employment Agreement

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Termination by University for Good Cause. The University has the right to terminate the Employee for “Good Cause” by delivering to the Employee a written notice of the University’s intent to terminate this Agreement for Good Cause, which notice shall be effective upon notice from the University to the Employee or at such later time as such notice may specify. In the event the Employee is terminated and/or fired by the University at any time for Good Cause, the Employee is not entitled to the payment of any salary, benefits, damages or severance pay beyond the effective date of said termination for Good Cause (except for amounts earned, accrued, vested or due prior to such date). Furthermore, in the event the Employee is terminated and/or fired by the University at any time for Good Cause, the Employee’s faculty appointment shall also be terminated upon termination of this Agreement. For purposes of this Agreement, “Good Cause” shall be defined, along with its other normally understood meanings in employment contracts, as: (i) A deliberate or serious violation of any local, State or federal law, rule, regulation or Constitutional provision, or Board of Trustees or University bylaw, regulation or rule, which violation may, in the sole judgment of the University, reflect unfavorably upon the Board of Trustees or University in any material respect; (ii) Material insubordination; (iii) the Employee’s conviction or plea of nolo contendere to a misdemeanor involving financial impropriety, moral turpitude or harassment of a University student or employee, or any conviction or plea of nolo contendere to a felony, or the University’s independent finding of any conduct of the Employee that constitutes financial impropriety, moral turpitude or harassment; (iv) Participation in an act of dishonesty, which act is materially harmful to the University; (v) Misconduct (as defined by the Government Severance Pay Act (5 ILCS 415/)) or willful neglect in the performance of the Employee’s duties that xxxxx the University; (vi) Material violations violation of University policies, including, but not limited to, the Title IX/Sexual Misconduct Policy and the Non- Non-Discrimination/Harassment Policy; (vii) Failure of the Employee to promptly report to the University if Employee knows (or would have known in the exercise of reasonable diligence) of a serious violation of any local, State, or federal law, rule, regulation or Constitutional provision, or Board of Trustees or University bylaw, regulation or rule; (viii) Failure of the Employee to inform, cooperate with and collaborate with senior officials of University; (ix) Absence from the University for ten (10) business days or more without the consent of the University, except as provided by the federal Family and Medical Leave Act or any other pertinent federal or State law; (x) A violation of prohibition against activity as stated in Article IV of this Agreement; or (xi) As otherwise defined by law. The standard for termination for Good Cause (to the extent in conflict with University rules or policies which permit termination) shall be as defined in this Article. The Parties understand and agree that the University shall have no obligation to use progressive discipline regarding the Employee’s misconduct. Any University decision to utilize progressive discipline shall not create any future obligation for the University to use progressive discipline. In the event of termination of this Agreement for Good Cause, all obligations of the University under this Agreement shall cease immediately; provided, however, that the University shall be responsible to pay the Employee all amounts of compensation the Employee has earned (or which have accrued or have been achieved), but remain unpaid, as of the date of termination.

Appears in 2 contracts

Samples: Employment Agreement, Employment Agreement

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