Common use of Mitigating Circumstances Clause in Contracts

Mitigating Circumstances. The unit member’s performance may be constrained by factors such as previous achievement levels of student, availability of support personnel, student transiency rate, physical environment and other pertinent factors. Such constraints shall be considered by the evaluator wherever applicable. During the course of the evaluation period, mitigating circumstances may arise which require the modification of the evaluation parameters. The necessity for review of the evaluation criteria shall be determined either by the unit member or the evaluator, and the determination of new evaluation elements shall be arrived at in accordance with section III above, with the waiver of time limitation.

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement