Common use of Xxxxxx of Remand Clause in Contracts

Xxxxxx of Remand. Subject as is hereinafter provided, whenever any grievant shall have alleged, expressly or by implication of the factual allegations, that any determination or decision of the University involving the exercise of academic judgment was, in its application to said grievant, arbitrary or capricious, the arbitrator shall have the power to determine the truth or falsity of such allegation. Whenever the arbitrator shall have determined that such allegation is true, they shall order that such arbitrary or capricious determination or decision shall be reconsidered by the board and such determination or decision shall thereafter be newly made pursuant to the procedures prescribed in this Article and subject to the time limits prescribed. Thereafter, such decision so newly made shall be subject to the provision of this Article, including this provision; provided, however, that any grievance arising from such decision so newly made shall be initiated by filing notice thereof with the Chancellor of the University and then preceding pursuant to the provisions of the Binding Arbitration section of these procedures, and the provisions of Levels I and II of these procedures shall not apply to such grievance; and provided further that, anything in the provisions of the Binding Arbitration section to the contrary notwithstanding, such notice shall be filed with the Chancellor of the University and the American Arbitration Association within fourteen (14) working days of the date on which notice shall have been given pursuant to the provisions of this paragraph. Whenever in their complaint any grievant shall have alleged, expressly or by implication of the factual allegations, that any determination or decision of the University made pursuant to an exercise of academic judgment was, in its application to them, both arbitrary or capricious and made in bad faith, the arbitrator shall have the power to determine the truth or falsity of both such allegations. Whenever the arbitrator shall have found as a matter of fact, on the basis of clear and credible evidence, that both such allegations are true, they shall have the power to make any such final and binding award as they may deem necessary to make the grievant whole; provided, however, that whenever the arbitrator shall, in respect of such allegations, have found that such determination or decision of the Board was arbitrary or capricious but was not made in bad faith, they shall remand such determination or decision as is herein before provided, except in the case cited in section 5, a., of this article.‌‌

Xxxxxx of Remand. Subject as is hereinafter provided, whenever any grievant shall have alleged, expressly or by implication of the factual allegations, that any determination or decision of the University involving the exercise of academic judgment was, in its application to said grievant, arbitrary or capricious, the arbitrator shall have the power to determine the truth or falsity of such allegation. Whenever the arbitrator shall have determined that such allegation is true, they he/she shall order that such arbitrary or capricious determination or decision shall be reconsidered by the board and such determination or decision shall thereafter be newly made pursuant to the procedures prescribed in this Article and subject to the time limits prescribed. Thereafter, such decision so newly made shall be subject to the provision of this Article, including this provision; provided, however, that any grievance arising from such decision so newly made shall be initiated by filing notice thereof with the Chancellor of the University and then preceding pursuant to the provisions of the Binding Arbitration section of these procedures, and the provisions of Levels I and II of these procedures shall not apply to such grievance; and provided further that, anything in the provisions of the Binding Arbitration section to the contrary notwithstanding, such notice shall be filed with the Chancellor of the University and the American Arbitration Association within fourteen (14) working days of the date on which notice shall have been given pursuant to the provisions of this paragraph. Whenever in their his/her complaint any grievant shall have alleged, expressly or by implication of the factual allegations, that any determination or decision of the University made pursuant to an exercise of academic judgment was, in its application to themhim/her, both arbitrary or capricious and made in bad faith, the arbitrator shall have the power to determine the truth or falsity of both such allegations. Whenever the arbitrator shall have found as a matter of fact, on the basis of clear and credible evidence, that both such allegations are true, they he/she shall have the power to make any such final and binding award as they he/she may deem necessary to make the grievant whole; provided, however, that whenever the arbitrator shall, in respect of such allegations, have found that such determination or decision of the Board was arbitrary or capricious but was not made in bad faith, they he/she shall remand such determination or decision as is herein before provided, except in the case cited in section 5, a., of this article.‌‌article.

Xxxxxx of Remand. Subject as is hereinafter provided, whenever any grievant shall have alleged, expressly or by implication of the factual allegations, that any determination or decision of the University involving the exercise of academic judgment was, in its application to said grievantxxxxxxxx, arbitrary or capricious, the arbitrator shall have the power to determine the truth or falsity of such allegation. Whenever the arbitrator shall have determined that such allegation is true, they shall order that such arbitrary or capricious determination or decision shall be reconsidered by the board and such determination or decision shall thereafter be newly made pursuant to the procedures prescribed in this Article and subject to the time limits prescribed. Thereafter, such decision so newly made shall be subject to the provision of this Article, including this provision; provided, however, that any grievance arising from such decision so newly made shall be initiated by filing notice thereof with the Chancellor of the University and then preceding pursuant to the provisions of the Binding Arbitration section of these procedures, and the provisions of Levels I and II of these procedures shall not apply to such grievance; and provided further that, anything in the provisions of the Binding Arbitration section to the contrary notwithstanding, such notice shall be filed with the Chancellor of the University and the American Arbitration Association within fourteen (14) working days of the date on which notice shall have been given pursuant to the provisions of this paragraph. Whenever in their complaint any grievant shall have alleged, expressly or by implication of the factual allegations, that any determination or decision of the University made pursuant to an exercise of academic judgment was, in its application to them, both arbitrary or capricious and made in bad faith, the arbitrator shall have the power to determine the truth or falsity of both such allegations. Whenever the arbitrator shall have found as a matter of fact, on the basis of clear and credible evidence, that both such allegations are true, they shall have the power to make any such final and binding award as they may deem necessary to make the grievant whole; provided, however, that whenever the arbitrator shall, in respect of such allegations, have found that such determination or decision of the Board was arbitrary or capricious but was not made in bad faith, they shall remand such determination or decision as is herein before provided, except in the case cited in section 5, a., of this article.‌‌article.

Xxxxxx of Remand. Subject as is hereinafter provided, whenever any grievant shall have alleged, expressly or by implication of the factual allegations, that any determination or decision of the University involving the exercise of academic judgment was, in its application to said grievantxxxxxxxx, arbitrary or capricious, the arbitrator shall have the power to determine the truth or falsity of such allegation. Whenever the arbitrator shall have determined that such allegation is true, they shall order that such arbitrary or capricious determination or decision shall be reconsidered by the board and such determination or decision shall thereafter be newly made pursuant to the procedures prescribed in this Article and subject to the time limits prescribed. Thereafter, such decision so newly made shall be subject to the provision of this Article, including this provision; provided, however, that any grievance arising from such decision so newly made shall be initiated by filing notice thereof with the Chancellor of the University and then preceding pursuant to the provisions of the Binding Arbitration section of these procedures, and the provisions of Levels I and II of these procedures shall not apply to such grievance; and provided further that, anything in the provisions of the Binding Arbitration section to the contrary notwithstanding, such notice shall be filed with the Chancellor of the University and the American Arbitration Association within fourteen (14) working days of the date on which notice shall have been given pursuant to the provisions of this paragraph. Whenever in their complaint any grievant shall have alleged, expressly or by implication of the factual allegations, that any determination or decision of the University made pursuant to an exercise of academic judgment was, in its application to them, both arbitrary or capricious and made in bad faith, the arbitrator shall have the DocuSign Envelope ID: 46917469-4676-4CEF-85A2-BAE71CCBECE1 DocuSign Envelope ID: 2E84AD11-7BE4-4203-8004-8334FF2AC26C power to determine the truth or falsity of both such allegations. Whenever the arbitrator shall have found as a matter of fact, on the basis of clear and credible evidence, that both such allegations are true, they shall have the power to make any such final and binding award as they may deem necessary to make the grievant whole; provided, however, that whenever the arbitrator shall, in respect of such allegations, have found that such determination or decision of the Board was arbitrary or capricious but was not made in bad faith, they shall remand such determination or decision as is herein before provided, except in the case cited in section 5, a., of this article.‌‌article.

Xxxxxx of Remand. Subject as is hereinafter provided, whenever any grievant shall have alleged, expressly or by implication of the factual allegations, that any determination or decision of the University involving the exercise of academic judgment was, in its application to said grievant, arbitrary or capricious, the arbitrator shall have the power to determine the truth or falsity of such allegation. Whenever the arbitrator shall have determined that such allegation is true, they shall order that such arbitrary or capricious determination or decision shall be reconsidered by the board and such determination or decision shall thereafter be newly made pursuant to the procedures prescribed in this Article and subject to the time limits prescribed. Thereafter, such decision so newly made shall be subject to the provision of this Article, including this provision; provided, however, that any grievance arising from such decision so newly made shall be initiated by filing notice thereof with the Chancellor of the University and then preceding pursuant to the provisions of the Binding Arbitration section of these procedures, and the provisions of Levels I and II of these procedures shall not apply to such grievance; and provided further that, anything in the provisions of the Binding Arbitration section to the contrary notwithstanding, such notice shall be filed with the Chancellor of the University and the American Arbitration Association within fourteen (14) working days of the date on which notice shall have been given pursuant to the provisions of this paragraph. Whenever in their complaint any grievant shall have alleged, expressly or by implication of the factual allegations, that any determination or decision of the University made pursuant to an exercise of academic judgment was, in its application to them, both arbitrary or capricious and made in bad faith, the arbitrator shall have the power to determine the truth or falsity of both such allegations. Whenever the arbitrator shall have found as a matter of fact, on the basis of clear and credible evidence, that both such allegations are true, they shall have the power to make any such final and binding award as they may deem necessary to make the grievant whole; provided, however, that whenever the arbitrator shall, in respect of such allegations, have found that such determination or decision of the Board was arbitrary or capricious but was not made in bad faith, they shall remand such determination or decision as is herein before provided, except in the case cited in section 5, a., of this article.‌‌article.