Termination of Contract for Cause. The University reserves the right to immediately terminate this Contract for cause at any time. Cause includes, but is not limited to, violation of any material obligation of Coach under this Contract or any amendments hereto. In addition to a material breach of this Contract, the parties agree that the following non-exclusive list constitutes cause for termination under this Section: a. insubordination; b. Coach’s neglect of, or failure or refusal to perform, his duties as Assistant Coach in any material respect after receiving written notice of such failure or refusal from the DIA; ▇. ▇▇▇▇▇▇▇▇▇▇▇ involving misuse of University or donor funds; d. Coach’s failure to comport himself in a manner consistent with good sportsmanship or the moral, ethical or academic standards specified in this Contract or in University policies and regulations; e. failure of Coach or any other person under his supervision and direction to comply with applicable standards or regulations of the MWC or the NCAA, federal or state law, or University rules, regulations f. Coach’s failure to promote an atmosphere of compliance or his failure to properly and effectively monitor personnel under his supervision and direction which results in material non-compliance by Coach’s personnel, with applicable standards or regulations of the MWC or the NCAA, federal or state law, or University rules, regulations, or policies, as amended from time to time, regardless of whether such violation results in the imposition of sanctions or other consequences; g. Coach’s instruction to any assistant coach, student or other person to respond inaccurately or incompletely to any request or inquiry concerning a matter relevant to University’s athletic programs or other institution of higher learning which shall be propounded by University, the NCAA, the MWC or other governing body having supervision over the athletic programs of University or such other institution of higher learning, or required by law; h. Coach’s failure to fully cooperate in the enforcement and implementation of any drug testing and/or education program established by the University, the MWC, the NCAA, or pursuant to federal or state law that is applicable to student athletes or other employees of the University; i. Coach’s being charged with, indicted for, pleading no contest to, or being convicted of (i) any felony; or, (ii) any misdemeanor involving gambling, drugs or alcohol. For purposes of termination of this Contract for cause, the parties agree that a conviction or plea will serve as conclusive evidence of the commission of the alleged crime by Coach; j. engaging in conduct which either (i) displays a continual, serious disrespect or continual, serious disregard for the mission of the University, (ii) brings Coach into public disrepute (ii) constitutes moral turpitude or breaches the high moral and ethical standards applicable to Coach as a visible representative of the University; k. major or repeated minor violation of policies, rules, or regulations of the University; major or repeated secondary infractions of the MWC or NCAA rules (including any similar infraction which may have occurred at Coach’s prior employment); major or repeated minor violation of New Mexico or federal laws, regulations, or policies; l. Coach’s misconduct, whether or not relating to Coach’s employment, which is not in the best interest of the University or which violates the University’s mission, interests, policies, or regulations, and which causes material damage to the reputation or dignity of the University or its athletics program; m. participating in any (i) gambling, bookmaking, wagering, or betting involving any athletic contest whatsoever whether by soliciting, placing or accepting a bet or wager or through a bookmaker, a pool, or any other method of gambling; or (ii) counseling, instruction, encouraging, or knowingly and intentionally permitting any student-athlete, assistant coach, or other individual under or subject to Coach’s control, authority, or supervision to participate in such activity; n. failure to report promptly to the DIA in writing any violations or potential violations known to Coach of University Rules including, but not limited to, those by Coach, his assistant coaches, student athletes or other persons under the direct control or supervision of Coach; o. failure to take reasonable steps to ensure the physical and mental wellbeing of student athletes on the Men’s Tennis team; p. willful or grossly negligent conduct injurious to the University’s Intercollegiate Men’s Tennis Program or the University; q. any other reason constituting adequate cause for termination pursuant to official written employment policies of the University or its Athletics Department.
Appears in 1 contract
Sources: Employment Contract
Termination of Contract for Cause. The University reserves the right to immediately terminate this Contract for cause at any time. Cause includes, but is not limited to, violation of any material obligation of Coach under this Contract or any amendments hereto. In addition to a material breach of this Contract, the parties agree that the following non-exclusive list constitutes cause for termination under this Sectionsection:
a. insubordination;
b. Coach’s neglect of, or failure or refusal to perform, his her duties as Assistant Coach in any material respect after receiving written notice of such failure or refusal from the DIA;
▇. ▇▇▇▇▇▇▇▇▇▇▇ involving misuse of University or donor fundsc. malfeasance;
d. Coach’s failure to comport himself herself in a manner consistent with good sportsmanship or the moral, ethical or academic standards specified in this Contract or in University policies and regulations;
e. failure of Coach or any other person under his her supervision and direction to comply with applicable standards or regulations of the MWC or the NCAA, federal or state law, or University rules, regulationsregulations or policies, as amended from time to time, regardless of whether such violation results in the imposition of sanctions or other consequences;
f. Coach’s failure to promote an atmosphere of compliance or his failure to properly and effectively monitor personnel under his her supervision and direction which results in material non-compliance by Coach’s personnel, with applicable standards or regulations of the MWC or the NCAA, federal or state law, or University rules, regulations, or policies, as amended from time to time, regardless of whether such violation results in the imposition of sanctions or other consequences;
g. Coach’s instruction to any assistant coach, student or other person to respond inaccurately or incompletely to any request or inquiry concerning a matter relevant to University’s athletic programs or other institution of higher learning which shall be propounded by University, the NCAA, the MWC or other governing body having supervision over the athletic programs of University or such other institution of higher learning, or required by law;
h. Coach’s failure to fully cooperate in the enforcement and implementation of any drug testing and/or education program established by the University, the MWC, the NCAA, or pursuant to federal or state law that is applicable to student athletes or other employees of the University;
i. Coach’s being charged with, indicted for, pleading no contest to, or being convicted of (i) any felony; or, (ii) any misdemeanor involving gambling, drugs or alcohol. For purposes of termination of this Contract for cause, the parties agree that a conviction or plea will serve as conclusive evidence of the commission of the alleged crime by Coach;
; j. engaging in conduct which either (i) displays a continual, serious disrespect or continual, serious disregard for the mission of the University, (ii) brings Coach into public disrepute (ii) constitutes moral turpitude or breaches the high moral and ethical standards applicable to Coach as a visible representative of the University;
k. major or repeated minor violation of policies, rules, or regulations of the University; major or repeated secondary infractions of the MWC or NCAA rules (including any similar infraction which may have occurred at Coach’s prior employment); major or repeated minor violation of New Mexico or federal laws, regulations, or policies;
l. Coach’s misconduct, whether or not relating to Coach’s employment, which is not in the best interest of the University or which violates the University’s mission, interests, policies, or regulations, and which causes material damage to the reputation or dignity of the University or its athletics program;
m. participating in any (i) gambling, bookmaking, wagering, or betting involving any athletic contest whatsoever whether by soliciting, placing or accepting a bet or wager or through a bookmaker, a pool, or any other method of gambling; or (ii) counseling, instruction, encouraging, or knowingly and intentionally permitting any student-athlete, assistant coach, or other individual under or subject to Coach’s control, authority, or supervision to participate in such activity;
n. failure to report promptly to the DIA in writing any violations or potential violations known to Coach of University Rules including, but not limited to, those by Coach, his assistant coaches, student athletes or other persons under the direct control or supervision of Coach;
o. failure to take reasonable steps to ensure the physical and mental wellbeing of student athletes on the Men’s Tennis team; p. willful or grossly negligent conduct injurious to the University’s Intercollegiate Men’s Tennis Program or the University;
q. any other reason constituting adequate cause for termination pursuant to official written employment policies of the University or its Athletics Department.,
Appears in 1 contract
Sources: Employment Contract
Termination of Contract for Cause. The University reserves the right to immediately terminate this Contract for cause at any time. Cause includes, but is not limited to, violation of any material obligation of Coach under this Contract or any amendments hereto. In addition to a material breach of this Contract, the parties agree that the following non-exclusive list constitutes cause for termination under this Section:
a. insubordination;
b. Coach’s neglect of, or failure or refusal to perform, his duties as Assistant Coach in any material respect after receiving written notice of such failure or refusal from the DIA;
▇. ▇▇▇▇▇▇▇▇▇▇▇ c. Malfeasance involving misuse of University or donor funds;funds in a single instance that totals more than
d. Coach’s failure to comport himself in a manner consistent with good sportsmanship or the moral, ethical or academic standards specified in this Contract or in University policies and regulations;
e. failure of Coach or any other person under his supervision and direction to comply with applicable standards or regulations of the MWC or the NCAA, federal or state law, or University rules, regulations
f. Coach’s failure to promote an atmosphere of compliance or his failure to properly and effectively monitor personnel under his supervision and direction which results in material non-compliance by Coach’s personnel, with applicable standards or regulations of the MWC or the NCAA, federal or state law, or University rules, regulations, or policies, as amended from time to time, regardless of whether such violation results in the imposition of sanctions or other consequences;
g. Coach’s instruction to any assistant coach, student or other person to respond inaccurately or incompletely to any request or inquiry concerning a matter relevant to University’s athletic programs or other institution of higher learning which shall be propounded by University, the NCAA, the MWC or other governing body having supervision over the athletic programs of University or such other institution of higher learning, or required by law;
h. Coach’s failure to fully cooperate in the enforcement and implementation of any drug testing and/or education program established by the University, the MWC, the NCAA, or pursuant to federal or state law that is applicable to student athletes or other employees of the University;
i. Coach’s being charged with, indicted for, pleading no contest to, or being convicted of (i) any felony; or, (ii) any misdemeanor involving gambling, drugs or alcohol. For purposes of termination of this Contract for cause, the parties agree that a conviction or plea will serve as conclusive evidence of the commission of the alleged crime by Coach;
j. engaging in conduct which either (i) displays a continual, serious disrespect or continual, serious disregard for the mission of the University, (ii) brings Coach into public disrepute (ii) constitutes moral turpitude or breaches the high moral and ethical standards applicable to Coach as a visible representative of the University;
k. major or repeated minor violation of policies, rules, or regulations of the University; major or repeated secondary infractions of the MWC or NCAA rules (including any similar infraction which may have occurred at Coach’s prior employment); major or repeated minor violation of New Mexico or federal laws, regulations, or policies;
l. Coach’s misconduct, whether or not relating to Coach’s employment, which is not in the best interest of the University or which violates the University’s mission, interests, policies, or regulations, and which causes material damage to the reputation or dignity of the University or its athletics program;
m. participating in any (i) gambling, bookmaking, wagering, or betting involving any athletic contest whatsoever whether wither by soliciting, placing or accepting a bet or wager or through a bookmaker, a pool, or any other method of gambling; or (ii) counseling, instruction, encouraging, or knowingly and intentionally permitting any student-athlete, assistant coach, or other individual under or subject to Coach’s control, authority, or supervision to participate in such activity;
n. failure to report promptly to the DIA in writing any violations or potential violations known to Coach of University Rules including, but not limited to, those by Coach, his assistant coaches, student athletes or other persons under the direct control or supervision of Coach;
o. failure to take reasonable steps to ensure the physical and mental wellbeing of student athletes on the Men’s Tennis Football team; p. willful or grossly negligent conduct injurious to the University’s Intercollegiate Men’s Tennis Football Program or the University;
q. any other reason constituting adequate cause for termination pursuant to official written employment policies of the University or its Athletics Department.
Appears in 1 contract
Sources: Employment Contract
Termination of Contract for Cause. The University reserves the right to immediately terminate this Contract for cause at any time. Cause includes, but is not limited to, violation of any material obligation of Coach under this Contract or any amendments hereto. In addition to a material breach of this Contract, the parties agree that the following non-exclusive list constitutes cause for termination under this Section:
a. insubordination;
b. Coach’s neglect of, or failure or refusal to perform, his her duties as Assistant Coach in any material respect after receiving written notice of such failure or refusal from the DIA;
▇. ▇▇▇▇▇▇▇▇▇▇▇ c. Malfeasance involving misuse of University or donor funds;funds in a single instance that totals more than
d. Coach’s failure to comport himself herself in a manner consistent with good sportsmanship or the moral, ethical or academic standards specified in this Contract or in University policies and regulations;
e. failure of Coach or any other person under his her supervision and direction to comply with applicable standards or regulations of the MWC or the NCAA, federal or state law, or University rules, regulationsregulations or policies, as amended from time to time, regardless of whether such violation results in the imposition of sanctions or other consequences;
f. Coach’s failure to promote an atmosphere of compliance or his her failure to properly and effectively monitor personnel under his her supervision and direction which results in material non-compliance by Coach’s personnel, with applicable standards or regulations of the MWC or the NCAA, federal or state law, or University rules, regulations, or policies, as amended from time to time, regardless of whether such violation results in the imposition of sanctions or other consequences;
g. Coach’s instruction to any assistant coach, student or other person to respond inaccurately or incompletely to any request or inquiry concerning a matter relevant to University’s athletic programs or other institution of higher learning which shall be propounded by University, the NCAA, the MWC or other governing body having supervision over the athletic programs of University or such other institution of higher learning, or required by law;
h. Coach’s failure to fully cooperate in the enforcement and implementation of any drug testing and/or education program established by the University, the MWC, the NCAA, or pursuant to federal or state law that is applicable to student athletes or other employees of the University;
i. Coach’s being charged with, indicted for, pleading no contest to, or being convicted of (i) any felony; or, (ii) any misdemeanor involving gambling, drugs or alcohol. For purposes of termination of this Contract for cause, the parties agree that a conviction or plea will serve as conclusive evidence of the commission of the alleged crime by Coach;this
j. engaging in conduct which either (i) displays a continual, serious disrespect or continual, serious disregard for the mission of the University, (ii) brings Coach into public disrepute (ii) constitutes moral turpitude or breaches the high moral and ethical standards applicable to Coach as a visible representative of the University;
k. major or repeated minor violation of policies, rules, or regulations of the University; major or repeated secondary infractions of the MWC or NCAA rules (including any similar infraction which may have occurred at Coach’s prior employment); major or repeated minor violation of New Mexico or federal laws, regulations, or policies;
l. Coach’s misconduct, whether or not relating to Coach’s employment, which is not in the best interest of the University or which violates the University’s mission, interests, policies, or regulations, and which causes material damage to the reputation or dignity of the University or its athletics program;
m. participating in any (i) gambling, bookmaking, wagering, or betting involving any athletic contest whatsoever whether wither by soliciting, placing or accepting a bet or wager or through a bookmaker, a pool, or any other method of gambling; or (ii) counseling, instruction, encouraging, or knowingly and intentionally permitting any student-athlete, assistant coach, or other individual under or subject to Coach’s control, authority, or supervision to participate in such activity;
n. failure to report promptly to the DIA in writing any violations or potential violations known to Coach of University Rules including, but not limited to, those by Coach, his assistant coaches, student athletes or other persons under the direct control or supervision of Coach;
o. failure to take reasonable steps to ensure the physical and mental wellbeing of student athletes on the Men’s Tennis Swimming and Diving team; p. willful or grossly negligent conduct injurious to the University’s Intercollegiate Men’s Tennis Swimming and Diving Program or the University;
q. any other reason constituting adequate cause for termination pursuant to official written employment violation of policies of the University or its Athletics Department.its
Appears in 1 contract
Sources: Employment Contract
Termination of Contract for Cause. The University reserves the right to immediately terminate this Contract for cause at any time. Cause includes, but is not limited to, violation of any material obligation of Coach under this Contract or any amendments hereto. In addition to a material breach of this Contract, the parties agree that the following non-exclusive list constitutes cause for termination under this Sectionsection:
a. insubordination;
b. Coach’s neglect of, or failure or refusal to perform, his duties as Assistant Coach in any material respect after receiving written notice of such failure or refusal from the DIA;
▇. ▇▇▇▇▇▇▇▇▇▇▇ involving misuse of University or donor fundsc. malfeasance;
d. Coach’s failure to comport himself in a manner consistent with good sportsmanship or the moral, ethical or academic standards specified in this Contract or in University policies and regulations;
e. failure of Coach or any other person under his supervision and direction to comply with applicable standards or regulations of the MWC or the NCAA, federal or state law, or University rules, regulationsregulations or policies, as amended from time to time, regardless of whether such violation results in the imposition of sanctions or other consequences;
f. Coach’s failure to promote an atmosphere of compliance or his failure to properly and effectively monitor personnel under his supervision and direction which results in material non-compliance by Coach’s personnel, with applicable standards or regulations of the MWC or the NCAA, federal or state law, or University rules, regulations, or policies, as amended from time to time, regardless of whether such violation results in the imposition of sanctions or other consequences;
g. Coach’s instruction to any assistant coach, student or other person to respond inaccurately or incompletely to any request or inquiry concerning a matter relevant to University’s athletic programs or other institution of higher learning which shall be propounded by University, the NCAA, the MWC or other governing body having supervision over the athletic programs of University or such other institution of higher learning, or required by law;
h. Coach’s failure to fully cooperate in the enforcement and implementation of any drug testing and/or education program established by the University, the MWC, the NCAA, or pursuant to federal or state law that is applicable to student athletes or other employees of the University;
i. Coach’s being charged with, indicted for, pleading no contest to, or being convicted of (i) any felony; or, (ii) any misdemeanor involving gambling, drugs or alcohol. For purposes of termination of this Contract for cause, the parties agree that a conviction or plea will serve as conclusive evidence of the commission of the alleged crime by Coach;
j. engaging in conduct which either (i) displays a continual, serious disrespect or continual, serious disregard for the mission of the University, (ii) brings Coach into public disrepute (ii) constitutes moral turpitude or breaches the high moral and ethical standards applicable to Coach as a visible representative of the University;
k. major or repeated minor violation of policies, rules, or regulations of the University; major or repeated secondary infractions of the MWC or NCAA rules (including any similar infraction which may have occurred at Coach’s prior employment); major or repeated minor violation of New Mexico or federal laws, regulations, or policies;
l. Coach’s misconduct, whether or not relating to Coach’s employment, which is not in the best interest of the University or which violates the University’s mission, interests, policies, or regulations, and which causes material damage to the reputation or dignity of the University or its athletics program;
m. participating in any (i) gambling, bookmaking, wagering, or betting involving any athletic contest whatsoever whether by soliciting, placing or accepting a bet or wager or through a bookmaker, a pool, or any other method of gambling; or (ii) counseling, instruction, encouraging, or knowingly and intentionally permitting any student-athlete, assistant coach, or other individual under or subject to Coach’s control, authority, or supervision to participate in such activity;
n. failure to report promptly to the DIA in writing any violations or potential violations known to Coach of University Rules including, but not limited to, those by Coach, his assistant coaches, student athletes or other persons under the direct control or supervision of Coach;
o. failure to take reasonable steps to ensure the physical and mental wellbeing of student athletes on the Men’s Tennis team; p. willful or grossly negligent conduct injurious to the University’s Intercollegiate Men’s Tennis Program or the University;
q. any other reason constituting adequate cause for termination pursuant to official written employment policies of the University or its Athletics Department.,
Appears in 1 contract
Sources: Employment Contract
Termination of Contract for Cause. The University reserves the right to immediately terminate this Contract for cause at any time. Cause includes, but is not limited to, violation of any material obligation of Coach under this Contract or any amendments hereto. In addition to a material breach of this Contract, the parties agree that the following non-exclusive list constitutes cause for termination under this Section:
a. insubordination;
b. Coach’s neglect of, or failure or refusal to perform, his duties as Assistant Head Coach in any material respect after receiving written notice of such failure or refusal from the DIA;
▇. ▇▇▇▇▇▇▇▇▇▇▇ c. Malfeasance involving misuse of University or donor fundsfunds in a single instance that totals more than $5,000 or in repeated instances of lesser amounts that total $5,000 or more, cumulatively;
d. Coach’s failure to comport himself in a manner consistent with good sportsmanship or the moral, ethical or academic standards specified in this Contract or in University policies and regulations;
e. failure of Coach or any other person under his supervision and direction to comply with applicable standards or regulations of the MWC or the NCAA, federal or state law, or University rules, regulationsregulations or policies, as amended from time to time, regardless of whether such violation results in the imposition of sanctions or other consequences;
f. Coach’s failure to promote an atmosphere of compliance or his failure to properly and effectively monitor personnel under his supervision and direction which results in material non-compliance by Coach’s personnel, with applicable standards or regulations of the MWC or the NCAA, federal or state law, or University rules, regulations, or policies, as amended from time to time, regardless of whether such violation results in the imposition of sanctions or other consequences;
g. Coach’s instruction to any assistant coach, student or other person to respond inaccurately or incompletely to any request or inquiry concerning a matter relevant to University’s athletic programs or other institution of higher learning which shall be propounded by University, the NCAA, the MWC or other governing body having supervision over the athletic programs of University or such other institution of higher learning, or required by law;
h. Coach’s failure to fully cooperate in the enforcement and implementation of any drug testing and/or education program established by the University, the MWC, the NCAA, or pursuant to federal or state law that is applicable to student athletes or other employees of the University;
i. Coach’s being charged with, indicted for, pleading no contest to, or being convicted of or pleading guilty to (i) any felony; or, (ii) any misdemeanor involving gambling, drugs or alcohol. For purposes of termination of this Contract for cause, the parties agree that a conviction or plea will serve as conclusive evidence of the commission of the alleged crime by Coach;
j. engaging in conduct which either (i) displays a continual, serious disrespect or continual, serious disregard for the mission of the University, (ii) brings Coach into public disrepute (ii) constitutes moral turpitude or breaches the high moral and ethical standards applicable to Coach as a visible representative of the University;
k. major or repeated minor violation of policies, rules, or regulations of the University; major or repeated secondary infractions of the MWC or NCAA rules (including any similar infraction which may have occurred at Coach’s prior employment); major or repeated minor violation of New Mexico or federal laws, regulations, or policies;
l. Coach’s misconduct, whether or not relating to Coach’s employment, which is not in the best interest of the University or which violates the University’s mission, interests, policies, or regulations, and which causes material damage to the reputation or dignity of the University or its athletics program;
m. participating in any (i) gambling, bookmaking, wagering, or betting involving any athletic contest whatsoever whether wither by soliciting, placing or accepting a bet or wager or through a bookmaker, a pool, or any other method of gambling; or (ii) counseling, instruction, encouraging, or knowingly and intentionally permitting any student-athlete, assistant coach, or other individual under or subject to Coach’s control, authority, or supervision to participate in such activity;
n. failure to report promptly to the DIA in writing any violations or potential violations known to Coach of University Rules including, but not limited to, those by Coach, his assistant coaches, student athletes or other persons under the direct control or supervision of Coach;
o. failure to take reasonable steps to ensure the physical and mental wellbeing of student athletes on the MenWomen’s Tennis basketball team; p. willful or grossly negligent conduct injurious to the University’s Intercollegiate MenWomen’s Tennis basketball Program or the University;
q. ; If this Contract is terminated for cause, the University shall have no further liability except for base salary, and fringe benefits earned to the date of termination. Nothing in this Section shall prevent, limit or otherwise interfere with the University’s right to terminate the services of the Coach without cause at any other reason constituting adequate time subject to the provisions of Section 13 herein. Therefore, this Section creates no expectancy of or property interest in continued employment and no University Administrative Policy addressing or governing progressive discipline, discharge or the appeal process for discharge shall be applicable to Coach. In the event the DIA, in his sole discretion, determines that cause for termination pursuant exists to official written employment policies terminate Coach, but that doing so would not be in the best interest of the University, the DIA may implement other, lesser disciplinary measures including, without limitation, suspension with or without pay. This provision does not in any way alter the parties’ agreement that no provisions of the University Administrative Policy manual (UAP) addressing or its Athletics Departmentgoverning separation of employment, discipline or contract employees generally are applicable to Coach or that no due process guarantees relating to progressive discipline, suspension, discharge, and appeal processes are accorded to Coach under this Contract.
Appears in 1 contract
Sources: Employment Contract Addendum
Termination of Contract for Cause. The University reserves the right to immediately terminate this Contract for cause at any time. Cause includes, but is not limited to, violation of any material obligation of Coach Employee under this Contract or any amendments hereto. In addition to a material breach of this Contract, the parties agree that the following non-exclusive list constitutes cause for termination under this Section:
a. insubordination;
b. CoachEmployee’s neglect of, or failure or refusal to perform, his duties as Assistant Coach Men’s Basketball Media Specialist in any material respect after receiving written notice of such failure or refusal from the DIA;
▇. ▇▇▇▇▇▇▇▇▇▇▇ involving misuse of University or donor fundsc. malfeasance;
d. CoachEmployee’s failure to comport himself in a manner consistent with good sportsmanship or the moral, ethical or academic standards specified in this Contract or in University policies and regulations;
e. failure of Coach Employee or any other person under his supervision and direction to comply with applicable standards or regulations of the MWC or the NCAA, federal or state law, or University rules, regulationsregulations or policies, as amended from time to time, regardless of whether such violation results in the imposition of sanctions or other consequences;
f. CoachEmployee’s failure to promote an atmosphere of compliance or his failure to properly and effectively monitor personnel under his supervision and direction which results in material non-non- compliance by CoachEmployee’s personnel, with applicable standards or regulations of the MWC or the NCAA, federal or state law, or University rules, regulations, or policies, as amended from time to time, regardless of whether such violation results in the imposition of sanctions or other consequences;
g. CoachEmployee’s instruction to any assistant coachmember of the Athletics Department, student or other person to respond inaccurately or incompletely to any request or inquiry concerning a matter relevant to University’s athletic programs or other institution of higher learning which shall be propounded by University, the NCAA, the MWC or other governing body having supervision over the athletic programs of University or such other institution of higher learning, or required by law;
h. CoachEmployee’s failure to fully cooperate in the enforcement and implementation of any drug testing and/or education program established by the University, the MWC, the NCAA, or pursuant to federal or state law that is applicable to student athletes or other employees of the University;
i. CoachEmployee’s being charged with, indicted for, pleading no contest to, or being convicted of (i) any felony; or, (ii) any misdemeanor involving gambling, drugs or alcohol. For purposes of termination of this Contract for cause, the parties agree that a conviction or plea will serve as conclusive evidence of the commission of the alleged crime by Coach;
j. engaging in conduct which either (i) displays a continual, serious disrespect or continual, serious disregard for the mission of the University, (ii) brings Coach Employee into public disrepute (ii) constitutes moral turpitude or breaches the high moral and ethical standards applicable to Coach Employee as a visible representative of the University;
k. ; Employee’s Initial ▇▇ ▇. major or repeated minor violation of policies, rules, or regulations of the University; major or repeated secondary infractions of the MWC or NCAA rules (including any similar infraction which may have occurred at CoachEmployee’s prior employment); major or repeated minor violation of New Mexico or federal laws, regulations, or policies;
l. CoachEmployee’s misconduct, whether or not relating to CoachEmployee’s employment, which is not in the best interest of the University or which violates the University’s mission, interests, policies, or regulations, and which causes material damage to the reputation or dignity of the University or its athletics program;
m. participating in any (i) gambling, bookmaking, wagering, or betting involving any athletic contest whatsoever whether wither by soliciting, placing or accepting a bet or wager or through a bookmaker, a pool, or any other method of gambling; or (ii) counseling, instruction, encouraging, or knowingly and intentionally permitting any student-athlete, assistant coach, or other individual under or subject to CoachEmployee’s control, authority, or supervision to participate in such activity;
n. failure to report promptly to the DIA in writing any violations or potential violations known to Coach Employee of University Rules including, but not limited to, those by CoachEmployee, his assistant coachescoaching staff, student athletes or other persons under the direct control or supervision of CoachEmployee;
o. failure to take reasonable steps to ensure the physical and mental wellbeing of student athletes on the Men’s Tennis team; athletes;
p. willful or grossly negligent conduct injurious to the University’s Intercollegiate Men’s Tennis Program Athletics Department or the University;
q. any other reason constituting adequate cause for termination pursuant to official written employment policies of the University or its Athletics Department. If this Contract is terminated for cause, the University shall have no further liability except for base salary and fringe benefits accrued to the date of termination. Nothing in this Section shall prevent, limit or otherwise interfere with the University’s right to terminate the services of the Employee without cause at any time subject to the provisions of Section 11 herein. Employee expressly agrees that nothing in this Agreement creates any expectancy of or property interest in continued employment and no University Administrative Policy addressing or governing progressive discipline, discharge or the appeal process for discharge shall be applicable to Employee.
Appears in 1 contract
Sources: Employment Contract
Termination of Contract for Cause. The University reserves the right to immediately terminate this Contract for cause at any time. Cause includes, but is not limited to, violation of any material obligation of Coach under this Contract or any amendments hereto. In addition to a material breach of this Contract, the parties agree that the following non-exclusive list constitutes cause for termination under this Section:
a. insubordination;
b. Coach’s neglect of, or failure or refusal to perform, his duties as Assistant Coach in any material respect after receiving written notice of such failure or refusal from the DIA;
▇. ▇▇▇▇▇▇▇▇▇▇▇ involving misuse of University or donor funds;
d. Coach’s failure to comport himself in a manner consistent with good sportsmanship or the moral, ethical or academic standards specified in this Contract or in University policies and regulations;
e. failure of Coach or any other person under his supervision and direction to comply with applicable standards or regulations of the MWC or the NCAA, federal or state law, or University rules, regulationsregulations or policies, as amended from time to time, regardless of whether such violation results in the imposition of sanctions or other consequences;
f. Coach’s failure to promote an atmosphere of compliance or his failure to properly and effectively monitor personnel under his supervision and direction which results in material non-compliance by Coach’s personnel, with applicable standards or regulations of the MWC or the NCAA, federal or state law, or University rules, regulations, or policies, as amended from time to time, regardless of whether such violation results in the imposition of sanctions or other consequences;
; g. Coach’s instruction to any assistant coach, student or other person to respond inaccurately or incompletely to any request or inquiry concerning a matter relevant to University’s athletic programs or other institution of higher learning which shall be propounded by University, the NCAA, the MWC or other governing body having supervision over the athletic programs of University or such other institution of higher learning, or required by law;
h. Coach’s failure to fully cooperate in the enforcement and implementation of any drug testing and/or education program established by the University, the MWC, the NCAA, or pursuant to federal or state law that is applicable to student athletes or other employees of the University;
i. Coach’s being charged with, indicted for, pleading no contest to, or being convicted of (i) any felony; or, (ii) any misdemeanor involving gambling, drugs or alcohol. For purposes of termination of this Contract for cause, the parties agree that a conviction or plea will serve as conclusive evidence of the commission of the alleged crime by Coach;
j. engaging in conduct which either (i) displays a continual, serious disrespect or continual, serious disregard for the mission of the University, (ii) brings Coach into public disrepute (ii) constitutes moral turpitude or breaches the high moral and ethical standards applicable to Coach as a visible representative of the University;
k. major or repeated minor violation of policies, rules, or regulations of the University; major or repeated secondary infractions of the MWC or NCAA rules (including any similar infraction which may have occurred at Coach’s prior employment); major or repeated minor violation of New Mexico or federal laws, regulations, or policies;
l. Coach’s misconduct, whether or not relating to Coach’s employment, which is not in the best interest of the University or which violates the University’s mission, interests, policies, or regulations, and which causes material damage to the reputation or dignity of the University or its athletics program;
m. participating in any (i) gambling, bookmaking, wagering, or betting involving any athletic contest whatsoever whether wither by soliciting, placing or accepting a bet or wager or through a bookmaker, a pool, or any other method of gambling; or (ii) counseling, instruction, encouraging, or knowingly and intentionally permitting any student-athlete, assistant coach, or other individual under or subject to Coach’s control, authority, or supervision to participate in such activity;
n. failure to report promptly to the DIA in writing any violations or potential violations known to Coach of University Rules including, but not limited to, those by Coach, his assistant coaches, student athletes or other persons under the direct control or supervision of Coach;
o. failure to take reasonable steps to ensure the physical and mental wellbeing of student athletes on the Men’s Tennis Football team; p. willful or grossly negligent conduct injurious to the University’s Intercollegiate Men’s Tennis Football Program or the University;
q. any other reason constituting adequate cause for termination pursuant to official written employment violation of policies of the University or its Athletics Department.its
Appears in 1 contract
Sources: Employment Contract
Termination of Contract for Cause. The University reserves the right to immediately terminate this Contract for cause at any time. Cause includes, but is not limited to, violation of any material obligation of Coach under this Contract or any amendments hereto. In addition to a material breach of this Contract, the parties agree that the following non-exclusive list constitutes cause for termination under this Section:
a. insubordination;
b. Coach’s neglect of, or failure or refusal to perform, his her duties as Assistant Coach in any material respect after receiving written notice of such failure or refusal from the DIA;
▇. ▇▇▇▇▇▇▇▇▇▇▇ c. Malfeasance involving misuse of University or donor funds;
d. Coach’s failure to comport himself herself in a manner consistent with good sportsmanship or the moral, ethical or academic standards specified in this Contract or in University policies and regulations;
; e. failure of Coach or any other person under his her supervision and direction to comply with applicable standards or regulations of the MWC or the NCAA, federal or state law, or University rules, regulationsregulations or policies, as amended from time to time, regardless of whether such violation results in the imposition of sanctions or other consequences;
f. Coach’s failure to promote an atmosphere of compliance or his her failure to properly and effectively monitor personnel under his her supervision and direction which results in material non-compliance by Coach’s personnel, with applicable standards or regulations of the MWC or the NCAA, federal or state law, or University rules, regulations, or policies, as amended from time to time, regardless of whether such violation results in the imposition of sanctions or other consequences;
g. Coach’s instruction to any assistant coach, student or other person to respond inaccurately or incompletely to any request or inquiry concerning a matter relevant to University’s athletic programs or other institution of higher learning which shall be propounded by University, the NCAA, the MWC or other governing body having supervision over the athletic programs of University or such other institution of higher learning, or required by law;
h. Coach’s failure to fully cooperate in the enforcement and implementation of any drug testing and/or education program established by the University, the MWC, the NCAA, or pursuant to federal or state law that is applicable to student athletes or other employees of the University;
i. Coach’s being charged with, indicted for, pleading no contest to, or being convicted of (i) any felony; or, (ii) any misdemeanor involving gambling, drugs or alcohol. For purposes of termination of this Contract for cause, the parties agree that a conviction or plea will serve as conclusive evidence of the commission of the alleged crime by Coach;
j. engaging in conduct which either (i) displays a continual, serious disrespect or continual, serious disregard for the mission of the University, (ii) brings Coach into public disrepute (ii) constitutes moral turpitude or breaches the high moral and ethical standards applicable to Coach as a visible representative of the University;
k. major or repeated minor violation of policies, rules, or regulations of the University; major or repeated secondary infractions of the MWC or NCAA rules (including any similar infraction which may have occurred at Coach’s prior employment); major or repeated minor violation of New Mexico or federal laws, regulations, or policies;
l. Coach’s misconduct, whether or not relating to Coach’s employment, which is not in the best interest of the University or which violates the University’s mission, interests, policies, or regulations, and which causes material damage to the reputation or dignity of the University or its athletics program;
m. participating in any (i) gambling, bookmaking, wagering, or betting involving any athletic contest whatsoever whether wither by soliciting, placing or accepting a bet or wager or through a bookmaker, a pool, or any other method of gambling; or (ii) counseling, instruction, encouraging, or knowingly and intentionally permitting any student-athlete, assistant coach, or other individual under or subject to Coach’s control, authority, or supervision to participate in such activity;
n. failure to report promptly to the DIA in writing any violations or potential violations known to Coach of University Rules including, but not limited to, those by Coach, his her assistant coaches, student athletes or other persons under the direct control or supervision of Coach;
o. failure to take reasonable steps to ensure the physical and mental wellbeing of student athletes on the MenWomen’s Tennis Track team; p. willful or grossly negligent conduct injurious to the University’s Intercollegiate MenWomen’s Tennis Track Program or the University;
; q. any other reason constituting adequate cause for termination pursuant to official written employment policies of the University or its Athletics Department.
Appears in 1 contract
Sources: Employment Contract
Termination of Contract for Cause. The University reserves the right to immediately terminate this Contract for cause at any time. Cause includes, but is not limited to, violation of any material obligation of Coach under this Contract or any amendments hereto. In addition to a material breach of this Contract, the parties agree that the following non-exclusive list constitutes cause for termination under this Section:
a. insubordination;
b. Coach’s neglect of, or failure or refusal to perform, his duties as Assistant Coach to the Head Coach in any material respect after receiving written notice of such failure or refusal from the DIA;
▇. ▇▇▇▇▇▇▇▇▇▇▇ c. Malfeasance involving misuse of University or donor funds;funds in a single instance that totals more than
d. Coach’s failure to comport himself in a manner consistent with good sportsmanship or the moral, ethical or academic standards specified in this Contract or in University policies and regulations;
e. failure of Coach or any other person under his supervision and direction to comply with applicable standards or regulations of the MWC or the NCAA, federal or state law, or University rules, regulationsregulations or policies, as amended from time to time, regardless of whether such violation results in the imposition of sanctions or other consequences;
f. Coach’s failure to promote an atmosphere of compliance or his failure to properly and effectively monitor personnel under his supervision and direction which results in material non-compliance by Coach’s personnel, with applicable standards or regulations of the MWC or the NCAA, federal or state law, or University rules, regulations, or policies, as amended from time to time, regardless of whether such violation results in the imposition of sanctions or other consequences;
g. Coach’s instruction to any assistant coach, student or other person to respond inaccurately or incompletely to any request or inquiry concerning a matter relevant to University’s athletic programs or other institution of higher learning which shall be propounded by University, the NCAA, the MWC or other governing body having supervision over the athletic programs of University or such other institution of higher learning, or required by law;
h. Coach’s failure to fully cooperate in the enforcement and implementation of any drug testing and/or education program established by the University, the MWC, the NCAA, or pursuant to federal or state law that is applicable to student athletes or other employees of the University;
i. Coach’s being charged with, indicted for, pleading no contest to, or being convicted of (i) any felony; or, (ii) any misdemeanor involving gambling, drugs or alcohol. For purposes of termination of this Contract for cause, the parties agree that a conviction or plea will serve as conclusive evidence of the commission of the alleged crime by Coach;
j. engaging in conduct which either (i) displays a continual, serious disrespect or continual, serious disregard for the mission of the University, (ii) brings Coach into public disrepute (ii) constitutes moral turpitude or breaches the high moral and ethical standards applicable to Coach as a visible representative of the University;
k. major or repeated minor violation of policies, rules, or regulations of the University; major or repeated secondary infractions of the MWC or NCAA rules (including any similar infraction which may have occurred at Coach’s prior employment); major or repeated minor violation of New Mexico or federal laws, regulations, or policies;
; l. Coach’s misconduct, whether or not relating to Coach’s employment, which is not in the best interest of the University or which violates the University’s mission, interests, policies, or regulations, and which causes material damage to the reputation or dignity of the University or its athletics program;
m. participating in any (i) gambling, bookmaking, wagering, or betting involving any athletic contest whatsoever whether wither by soliciting, placing or accepting a bet or wager or through a bookmaker, a pool, or any other method of gambling; or (ii) counseling, instruction, encouraging, or knowingly and intentionally permitting any student-athlete, assistant coach, or other individual under or subject to Coach’s control, authority, or supervision to participate in such activity;
n. failure to report promptly to the DIA in writing any violations or potential violations known to Coach of University Rules including, but not limited to, those by Coach, his assistant coaches, student athletes or other persons under the direct control or supervision of Coach;
o. failure to take reasonable steps to ensure the physical and mental wellbeing of student athletes on the Men’s Tennis Basketball team; p. willful or grossly negligent conduct injurious to the University’s Intercollegiate Men’s Tennis Basketball Program or the University;
q. any other reason constituting adequate cause for termination pursuant to official written employment policies of the University or its Athletics Department.
Appears in 1 contract
Sources: Employment Contract Amendment
Termination of Contract for Cause. The University reserves the right to immediately terminate this Contract for cause at any time. Cause includes, but is not limited to, violation of any material obligation of Coach Employee Employee’s Initial _RE under this Contract or any amendments hereto. In addition to a material breach of this Contract, the parties agree that the following non-exclusive list constitutes cause for termination under this Section:
a. insubordination;
b. CoachEmployee’s neglect of, or failure or refusal to perform, his duties as Assistant Coach Athletics Media Specialist/Men’s Basketball in any material respect after receiving written notice of such failure or refusal from the DIA;
▇. ▇▇▇▇▇▇▇▇▇▇▇ involving misuse of University or donor fundsc. Malfeasance;
d. CoachEmployee’s failure to comport himself in a manner consistent with good sportsmanship or the moral, ethical or academic standards specified in this Contract or in University policies and regulations;
e. failure of Coach Employee or any other person under his supervision and direction to comply with applicable standards or regulations of the MWC or the NCAA, federal or state law, or University rules, regulationsregulations or policies, as amended from time to time, regardless of whether such violation results in the imposition of sanctions or other consequences;
f. CoachEmployee’s failure to promote an atmosphere of compliance or his failure to properly and effectively monitor personnel under his supervision and direction which results in material non-non- compliance by CoachEmployee’s personnel, with applicable standards or regulations of the MWC or the NCAA, federal or state law, or University rules, regulations, or policies, as amended from time to time, regardless of whether such violation results in the imposition of sanctions or other consequences;
g. CoachEmployee’s instruction to any assistant coachmember of the Athletics Department, student or other person to respond inaccurately or incompletely to any request or inquiry concerning a matter relevant to University’s athletic programs or other institution of higher learning which shall be propounded by University, the NCAA, the MWC or other governing body having supervision over the athletic programs of University or such other institution of higher learning, or required by law;
h. CoachEmployee’s failure to fully cooperate in the enforcement and implementation of any drug testing and/or education program established by the University, the MWC, the NCAA, or pursuant to federal or state law that is applicable to student athletes or other employees of the University;
i. CoachEmployee’s being charged with, indicted for, pleading no contest to, or being convicted of (i) any felony; or, (ii) any misdemeanor involving gambling, drugs or alcohol. For purposes of termination of this Contract for cause, the parties agree that a conviction or plea will serve as conclusive evidence of the commission of the alleged crime by Coach;
j. engaging in conduct which either (i) displays a continual, serious disrespect or continual, serious disregard for the mission of the University, (ii) brings Coach Employee into public disrepute (ii) constitutes moral turpitude or breaches the high moral and ethical standards applicable to Coach Employee as a visible representative of the University;
k. major or repeated minor violation of policies, rules, or regulations of the University; major or repeated secondary infractions of the MWC or NCAA rules (including any similar infraction which may have occurred at CoachEmployee’s prior employment); major or repeated minor violation of New Mexico or federal laws, regulations, or policies;
l. CoachEmployee’s misconduct, whether or not relating to CoachEmployee’s employment, which is not in the best interest of the University or which violates the University’s mission, interests, policies, or regulations, and which causes material damage to the reputation or dignity of the University or its athletics program;
m. participating in any (i) gambling, bookmaking, wagering, or betting involving any athletic contest whatsoever whether by soliciting, placing or accepting a bet or wager or through a bookmaker, a pool, or any other method of gambling; or (ii) counseling, instruction, encouraging, or knowingly and intentionally permitting any student-athlete, assistant coach, or other individual under or subject to Coach’s control, authority, or supervision to participate in such activity;
n. failure to report promptly to the DIA in writing any violations or potential violations known to Coach of University Rules including, but not limited to, those by Coach, his assistant coaches, student athletes or other persons under the direct control or supervision of Coach;
o. failure to take reasonable steps to ensure the physical and mental wellbeing of student athletes on the Men’s Tennis team; p. willful or grossly negligent conduct injurious to the University’s Intercollegiate Men’s Tennis Program or the University;
q. any other reason constituting adequate cause for termination pursuant to official written employment policies of the University or its Athletics Department.
Appears in 1 contract
Sources: Employment Contract
Termination of Contract for Cause. The University reserves the right to immediately terminate this Contract for cause at any time. Cause includes, but is not limited to, violation of any material obligation of Coach under this Contract or any amendments hereto. In addition to a material breach of this Contract, the parties agree that the following non-exclusive list constitutes cause for termination under this Section:. Notwithstanding the foregoing and the following, University acknowledges and agrees that it is not the intent of the University for this Contract to be terminated for Cause for minor, technical, or otherwise immaterial defaults or insignificant violations that do not entail the risk of damage to the University’s reputation, regulatory, monetary or other civil damages to the University or criminal or institutional penalties. Moreover, where appropriate, prior to invoking its right to terminate this Contract for Cause, University agrees that it shall afford Coach with a Coach’s Initial _RP reasonable opportunity to cure a default in a timely manner, provided such default is of a nature that is capable of being cured, as determined in University’s discretion.
a. insubordination;
b. Coach’s neglect of, or failure or refusal to perform, his duties as Assistant Head Coach in any material respect after receiving written notice of such failure or refusal from the DIA;
▇. ▇▇▇▇▇▇▇▇▇▇▇ involving misuse of University or donor funds;
d. Coach’s failure to comport himself in a manner consistent with good sportsmanship or the moral, ethical or academic standards specified in this Contract or in University policies and regulations;
e. failure of by Coach or any other person under his supervision and direction direction, about whom he knew or should have known, to materially comply with applicable standards or regulations of the MWC or the NCAA, federal or state law, or University rules, regulationsregulations or policies, as amended from time to time, regardless of whether such violation results in the imposition of sanctions or other consequences;
f. Coach’s failure to promote an atmosphere of compliance or his failure to properly and effectively monitor personnel under his supervision and direction which results in material non-compliance by Coach’s those personnel, with applicable standards or regulations of the MWC or the NCAA, federal or state law, or University rules, regulations, or policies, as amended from time to time, regardless of whether such violation results in the imposition of sanctions or other consequences;
g. Coach’s instruction to any assistant coach, student or other person to respond inaccurately or incompletely to any request or inquiry concerning a matter relevant to University’s athletic programs or other institution of higher learning which shall be propounded by University, the NCAA, the MWC or other governing body having supervision over the athletic programs of University or such other institution of higher learning, or required by law;
h. Coach’s failure to fully cooperate in the enforcement and implementation of any drug testing and/or education program established by the University, the MWC, the NCAA, or pursuant to federal or state law that is applicable to student athletes or other employees of the University;
i. Coach’s being charged with, indicted for, pleading no contest to, or being convicted of or pleading guilty to (i) any felony; or, (ii) any misdemeanor involving gambling, drugs or alcohol. For purposes of termination of this Contract for cause, the parties agree that a conviction or plea will serve as conclusive evidence of the commission of the alleged crime by Coach;
j. engaging in conduct which either (i) displays a continual, serious disrespect or continual, serious disregard for the mission of the University, (ii) brings Coach into public disrepute or (iiiii) constitutes moral turpitude or breaches the high moral and ethical standards applicable to Coach as a visible representative of the University;
; k. major or repeated minor violation of policies, rules, or regulations of the University; major or repeated secondary infractions of the MWC or NCAA rules (including any similar infraction which may have occurred at Coach’s prior employment); major or repeated minor violation violations of New Mexico or federal laws, regulations, or policies;
l. Coach’s misconduct, whether or not relating to Coach’s employment, which is not in the best interest of the University or which knowingly or recklessly violates the University’s mission, interests, policies, or regulations, and which causes material damage to the reputation or dignity of the University or its athletics program;
m. participating participation in any (i) gambling, bookmaking, wagering, or betting involving any athletic contest whatsoever whether wither by soliciting, placing or accepting a bet or wager or through a bookmaker, a pool, or any other method of gambling; or (ii) counseling, instructioninstructing, encouraging, or knowingly and intentionally permitting any student-athlete, assistant coach, or other individual under or subject to Coach’s control, authority, or supervision to participate in such activity;and
n. failure to report promptly to the DIA in writing any violations or potential violations known to Coach of University Rules including, but not limited to, those by Coach, his assistant coaches, student athletes or other persons under the direct control or supervision of Coach;
o. failure to take reasonable steps to ensure the physical and mental wellbeing of student athletes on the Men’s Tennis Basketball team; p. willful or grossly negligent conduct injurious to the University’s Intercollegiate Men’s Tennis Basketball Program or the University;
q. any other reason constituting adequate cause for termination pursuant to official written employment policies of the conduct that knowingly or recklessly violates University or its Athletics Departmentpolicy.
Appears in 1 contract
Sources: Employment Contract
Termination of Contract for Cause. The University reserves the right to immediately terminate this Contract for cause at any time. Cause includes, but is not limited to, violation of any material obligation of Coach under this Contract or any amendments hereto. In addition to a material breach of this Contract, the parties agree that the following non-exclusive list constitutes cause for termination under this Section:
a. insubordination;
b. Coach’s neglect of, or failure or refusal to perform, his duties as Assistant Coach in any material respect after receiving written notice of such failure or refusal from the DIA;
▇. ▇▇▇▇▇▇▇▇▇▇▇ c. Malfeasance involving misuse of University or donor funds;
d. Coach’s failure to comport himself in a manner consistent with good sportsmanship or the moral, ethical or academic standards specified in this Contract or in University policies and regulations;
; e. failure of Coach or any other person under his supervision and direction to comply with applicable standards or regulations of the MWC or the NCAA, federal or state law, or University rules, regulationsregulations or policies, as amended from time to time, regardless of whether such violation results in the imposition of sanctions or other consequences;
f. Coach’s failure to promote an atmosphere of compliance or his failure to properly and effectively monitor personnel under his supervision and direction which results in material non-compliance by Coach’s personnel, with applicable standards or regulations of the MWC or the NCAA, federal or state law, or University rules, regulations, or policies, as amended from time to time, regardless of whether such violation results in the imposition of sanctions or other consequences;
g. Coach’s instruction to any assistant coach, student or other person to respond inaccurately or incompletely to any request or inquiry concerning a matter relevant to University’s athletic programs or other institution of higher learning which shall be propounded by University, the NCAA, the MWC or other governing body having supervision over the athletic programs of University or such other institution of higher learning, or required by law;
h. Coach’s failure to fully cooperate in the enforcement and implementation of any drug testing and/or education program established by the University, the MWC, the NCAA, or pursuant to federal or state law that is applicable to student athletes or other employees of the University;
i. Coach’s being charged with, indicted for, pleading no contest to, or being convicted of (i) any felony; or, (ii) any misdemeanor involving gambling, drugs or alcohol. For purposes of termination of this Contract for cause, the parties agree that a conviction or plea will serve as conclusive evidence of the commission of the alleged crime by Coach;
j. engaging in conduct which either (i) displays a continual, serious disrespect or continual, serious disregard for the mission of the University, (ii) brings Coach into public disrepute (ii) constitutes moral turpitude or breaches the high moral and ethical standards applicable to Coach as a visible representative of the University;
k. major or repeated minor violation of policies, rules, or regulations of the University; major or repeated secondary infractions of the MWC or NCAA rules (including any similar infraction which may have occurred at Coach’s prior employment); major or repeated minor violation of New Mexico or federal laws, regulations, or policies;
l. Coach’s misconduct, whether or not relating to Coach’s employment, which is not in the best interest of the University or which violates the University’s mission, interests, policies, or regulations, and which causes material damage to the reputation or dignity of the University or its athletics program;
m. participating in any (i) gambling, bookmaking, wagering, or betting involving any athletic contest whatsoever whether wither by soliciting, placing or accepting a bet or wager or through a bookmaker, a pool, or any other method of gambling; or (ii) counseling, instruction, encouraging, or knowingly and intentionally permitting any student-athlete, assistant coach, or other individual under or subject to Coach’s control, authority, or supervision to participate in such activity;
n. failure to report promptly to the DIA in writing any violations or potential violations known to Coach of University Rules including, but not limited to, those by Coach, his assistant coaches, student athletes or other persons under the direct control or supervision of Coach;
o. failure to take reasonable steps to ensure the physical and mental wellbeing of student athletes on the Men’s Tennis Football team; p. willful or grossly negligent conduct injurious to the University’s Intercollegiate Men’s Tennis Football Program or the University;
; q. any other reason constituting adequate cause for termination pursuant to official written employment violation of policies of the University or its Athletics Department.
Appears in 1 contract
Sources: Employment Contract
Termination of Contract for Cause. The University reserves the right to immediately terminate this Contract for cause at any time. Cause includes, but is not limited to, violation of any material obligation of Coach under this Contract or any amendments hereto. In addition to a material breach of this Contract, the parties agree that the following non-exclusive list constitutes cause for termination under this Section:
a. insubordination;
b. Coach’s neglect of, or failure or refusal to perform, his duties as Assistant Coach in any material respect after receiving written notice of such failure or refusal from the DIA;
▇. ▇▇▇▇▇▇▇▇▇▇▇ involving misuse of University or donor fundsc. malfeasance;
d. Coach’s failure to comport himself in a manner consistent with good sportsmanship or the moral, ethical or academic standards specified in this Contract or in University policies and regulations;
e. failure of Coach or any other person under his supervision and direction to comply with applicable standards or regulations of the MWC or the NCAA, federal or state law, or University rules, regulationsregulations or policies, as amended from time to time, regardless of whether such violation results in the imposition of sanctions or other consequences;
f. Coach’s failure to promote an atmosphere of compliance or his failure to properly and effectively monitor personnel under his supervision and direction which results in material non-compliance by Coach’s personnel, with applicable standards or regulations of the MWC or the NCAA, federal or state law, or University rules, regulations, or policies, as amended from time to time, regardless of whether such violation results in the imposition of sanctions or other consequences;
g. Coach’s instruction to any assistant coach, student or other person to respond inaccurately or incompletely to any request or inquiry concerning a matter relevant to University’s athletic programs or other institution of higher learning which shall be propounded by University, the NCAA, the MWC or other governing body having supervision over the athletic programs of University or such other institution of higher learning, or required by law;
h. Coach’s failure to fully cooperate in the enforcement and implementation of any drug testing and/or education program established by the University, the MWC, the NCAA, or pursuant to federal or state law that is applicable to student athletes or other employees of the University;
i. Coach’s being charged with, indicted for, pleading no contest to, or being convicted of (i) any felony; or, (ii) any misdemeanor involving gambling, drugs or alcohol. For purposes of termination of this Contract for cause, the parties agree that a conviction or plea will serve as conclusive evidence of the commission of the alleged crime by Coach;.
j. engaging in conduct which either (i) displays a continual, serious disrespect or continual, serious disregard for the mission of the University, (ii) brings Coach into public disrepute (ii) constitutes moral turpitude or breaches the high moral and ethical standards applicable to Coach as a visible representative of the University;
k. major or repeated minor violation of policies, rules, or regulations of the University; major or repeated secondary infractions of the MWC or NCAA rules (including any similar infraction which may have occurred at Coach’s prior employment); major or repeated minor violation of New Mexico or federal laws, regulations, or policies;
l. Coach’s misconduct, whether or not relating to Coach’s employment, which is not in the best interest of the University or which violates the University’s mission, interests, policies, or regulations, and which causes material damage to the reputation or dignity of the University or its athletics program;
m. participating in any (i) gambling, bookmaking, wagering, or betting involving any athletic contest whatsoever whether by soliciting, placing or accepting a bet or wager or through a bookmaker, a pool, or any other method of gambling; or (ii) counseling, instruction, encouraging, or knowingly and intentionally permitting any student-athlete, assistant coach, or other individual under or subject to Coach’s control, authority, or supervision to participate in such activity;
n. failure to report promptly to the DIA in writing any violations or potential violations known to Coach of University Rules including, but not limited to, those by Coach, his assistant coaches, student athletes or other persons under the direct control or supervision of Coach;
o. failure to take reasonable steps to ensure the physical and mental wellbeing of student athletes on the Men’s Tennis team; p. willful or grossly negligent conduct injurious to the University’s Intercollegiate Men’s Tennis Program or the University;
q. any other reason constituting adequate cause for termination pursuant to official written employment policies of the University or its Athletics Department.,
Appears in 1 contract
Sources: Employment Contract
Termination of Contract for Cause. The University reserves the right to immediately terminate this Contract for cause at any time. Cause includes, but is not limited to, violation of any material obligation of Coach under this Contract or any amendments hereto. In addition to a material breach of this Contract, the parties agree that the following non-exclusive list constitutes cause for termination under this Section:
a. insubordination;
b. Coach’s neglect of, or failure or refusal to perform, his duties as Assistant Coach in any material respect after receiving written notice of such failure or refusal from the DIA;
▇. ▇▇▇▇▇▇▇▇▇▇▇ c. Malfeasance involving misuse of University or donor funds;funds in a single instance that totals more than
d. Coach’s failure to comport himself in a manner consistent with good sportsmanship or the moral, ethical or academic standards specified in this Contract or in University policies and regulations;
e. ; ▇. failure of Coach or any other person under his supervision and direction to comply with applicable standards or regulations of the MWC or the NCAA, federal or state law, or University rules, regulationsregulations or policies, as amended from time to time, regardless of whether such violation results in the imposition of sanctions or other consequences;
f. Coach’s failure to promote an atmosphere of compliance or his failure to properly and effectively monitor personnel under his supervision and direction which results in material non-compliance by Coach’s personnel, with applicable standards or regulations of the MWC or the NCAA, federal or state law, or University rules, regulations, or policies, as amended from time to time, regardless of whether such violation results in the imposition of sanctions or other consequences;
g. Coach’s instruction to any assistant coach, student or other person to respond inaccurately or incompletely to any request or inquiry concerning a matter relevant to University’s athletic programs or other institution of higher learning which shall be propounded by University, the NCAA, the MWC or other governing body having supervision over the athletic programs of University or such other institution of higher learning, or required by law;
h. Coach’s failure to fully cooperate in the enforcement and implementation of any drug testing and/or education program established by the University, the MWC, the NCAA, or pursuant to federal or state law that is applicable to student athletes or other employees of the University;
i. Coach’s being charged with, indicted for, pleading no contest to, or being convicted of (i) any felony; or, (ii) any misdemeanor involving gambling, drugs or alcohol. For purposes of termination of this Contract for cause, the parties agree that a conviction or plea will serve as conclusive evidence of the commission of the alleged crime by Coach;
j. engaging in conduct which either (i) displays a continual, serious disrespect or continual, serious disregard for the mission of the University, (ii) brings Coach into public disrepute (ii) constitutes moral turpitude or breaches the high moral and ethical standards applicable to Coach as a visible representative of the University;
k. major or repeated minor violation of policies, rules, or regulations of the University; major or repeated secondary infractions of the MWC or NCAA rules (including any similar infraction which may have occurred at Coach’s prior employment); major or repeated minor violation of New Mexico or federal laws, regulations, or policies;
l. Coach’s misconduct, whether or not relating to Coach’s employment, which is not in the best interest of the University or which violates the University’s mission, interests, policies, or regulations, and which causes material damage to the reputation or dignity of the University or its athletics program;
m. participating in any (i) gambling, bookmaking, wagering, or betting involving any athletic contest whatsoever whether wither by soliciting, placing or accepting a bet or wager or through a bookmaker, a pool, or any other method of gambling; or (ii) counseling, instruction, encouraging, or knowingly and intentionally permitting any student-athlete, assistant coach, or other individual under or subject to Coach’s control, authority, or supervision to participate in such activity;
n. failure to report promptly to the DIA in writing any violations or potential violations known to Coach of University Rules including, but not limited to, those by Coach, his assistant coaches, student athletes or other persons under the direct control or supervision of Coach;
o. failure to take reasonable steps to ensure the physical and mental wellbeing of student athletes on the Men’s Tennis Baseball team; p. willful or grossly negligent conduct injurious to the University’s Intercollegiate Men’s Tennis Baseball Program or the University;
q. any other reason constituting adequate cause for termination pursuant to official written employment policies of the University or its Athletics Department.
Appears in 1 contract
Sources: Employment Contract
Termination of Contract for Cause. The University reserves the right to immediately terminate this Contract for cause at any time. Cause includes, but is not limited to, violation of any material obligation of Coach Employee under this Contract or any amendments hereto. In addition to a material breach of this Contract, the parties agree that the following non-exclusive list constitutes cause for termination under this Section:
a. insubordination;
b. CoachEmployee’s neglect of, or failure or refusal to perform, his the duties as Assistant Coach of Athletics Media Specialist/Football in any material respect after receiving written notice of such failure or refusal from the DIA;
▇. ▇▇▇▇▇▇▇▇▇▇▇ involving misuse of University or donor fundsc. malfeasance;
d. CoachEmployee’s failure to comport himself in a manner consistent with good sportsmanship or the moral, ethical or academic standards specified in this Contract or in University policies and regulations;
e. failure of Coach Employee or any other person under his supervision and direction to comply with applicable standards or regulations of the MWC or the NCAA, federal or state law, or University rules, regulationsregulations or policies, as amended from time to time, regardless of whether such violation results in the imposition of sanctions or other consequences;
f. CoachEmployee’s failure to promote an atmosphere of compliance or his failure to properly and effectively monitor personnel under his supervision and direction which results in material non-non- compliance by CoachEmployee’s personnel, with applicable standards or regulations of the MWC or the NCAA, federal or state law, or University rules, regulations, or policies, as amended from time to time, regardless of whether such violation results in the imposition of sanctions or other consequences;; Employee’s Initial PMK
g. CoachEmployee’s instruction to any assistant coachmember of the Athletics Department, student or other person to respond inaccurately or incompletely to any request or inquiry concerning a matter relevant to University’s athletic programs or other institution of higher learning which shall be propounded by University, the NCAA, the MWC or other governing body having supervision over the athletic programs of University or such other institution of higher learning, or required by law;
h. CoachEmployee’s failure to fully cooperate in the enforcement and implementation of any drug testing and/or education program established by the University, the MWC, the NCAA, or pursuant to federal or state law that is applicable to student athletes or other employees of the University;
i. CoachEmployee’s being charged with, indicted for, pleading no contest to, or being convicted of (i) any felony; or, (ii) any misdemeanor involving gambling, drugs or alcohol. For purposes of termination of this Contract for cause, the parties agree that a conviction or plea will serve as conclusive evidence of the commission of the alleged crime by Coach;
j. engaging in conduct which either (i) displays a continual, serious disrespect or continual, serious disregard for the mission of the University, (ii) brings Coach Employee into public disrepute (ii) constitutes moral turpitude or breaches the high moral and ethical standards applicable to Coach Employee as a visible representative of the University;
k. major or repeated minor violation of policies, rules, or regulations of the University; major or repeated secondary infractions of the MWC or NCAA rules (including any similar infraction which may have occurred at CoachEmployee’s prior employment); major or repeated minor violation of New Mexico or federal laws, regulations, or policies;
l. CoachEmployee’s misconduct, whether or not relating to CoachEmployee’s employment, which is not in the best interest of the University or which violates the University’s mission, interests, policies, or regulations, and which causes material damage to the reputation or dignity of the University or its athletics program;
m. participating in any (i) gambling, bookmaking, wagering, or betting involving any athletic contest whatsoever whether wither by soliciting, placing or accepting a bet or wager or through a bookmaker, a pool, or any other method of gambling; or (ii) counseling, instruction, encouraging, or knowingly and intentionally permitting any student-athlete, assistant coach, or other individual under or subject to CoachEmployee’s control, authority, or supervision to participate in such activity;
n. failure to report promptly to the DIA in writing any violations or potential violations known to Coach Employee of University Rules including, but not limited to, those by CoachEmployee, his assistant coachescoaching staff, student athletes or other persons under the direct control or supervision of CoachEmployee;
o. failure to take reasonable steps to ensure the physical and mental wellbeing of student athletes on the Men’s Tennis team; athletes;
p. willful or grossly negligent conduct injurious to the University’s Intercollegiate Men’s Tennis Program Athletics Department or the University;
q. any other reason constituting adequate cause for termination pursuant to official written employment violation of policies of the University or its Athletics Department. If this Contract is terminated for cause, the University shall have no further liability except for base salary and fringe benefits accrued to the date of termination. Nothing in this Section shall prevent, limit or otherwise interfere with the University’s right to terminate the services of the Employee without cause at any time subject to the provisions of Section 10 herein. Therefore, this Section creates no expectancy of or property interest in continued employment and no University Administrative Policy addressing or governing progressive discipline, discharge or the appeal process for discharge shall be applicable to Employee.
Appears in 1 contract
Sources: Employment Contract
Termination of Contract for Cause. The University reserves the right to immediately terminate this Contract for cause at any time. Cause includes, but is not limited to, violation of any material obligation of Coach under this Contract or any amendments hereto. In addition to a material breach of this Contract, the parties agree that the following non-exclusive list constitutes cause for termination under this Section:
a. insubordination;
b. Coach’s neglect of, or failure or refusal to perform, his duties as Assistant Coach in any material respect after receiving written notice of such failure or refusal from the DIA;
▇. ▇▇▇▇▇▇▇▇▇▇▇ c. Malfeasance involving misuse of University or donor funds;funds in a single instance that totals more than
d. Coach’s failure to comport himself in a manner consistent with good sportsmanship or the moral, ethical or academic standards specified in this Contract or in University policies and regulations;
e. failure of Coach or any other person under his supervision and direction to comply with applicable standards or regulations of the MWC or the NCAA, federal or state law, or University rules, regulationsregulations or policies, as amended from time to time, regardless of whether such violation results in the imposition of sanctions or other consequences;
f. Coach’s failure to promote an atmosphere of compliance or his failure to properly and effectively monitor personnel under his supervision and direction which results in material non-compliance by Coach’s personnel, with applicable standards or regulations of the MWC or the NCAA, federal or state law, or University rules, regulations, or policies, as amended from time to time, regardless of whether such violation results in the imposition of sanctions or other consequences;
g. Coach’s instruction to any assistant coach, student or other person to respond inaccurately or incompletely to any request or inquiry concerning a matter relevant to University’s athletic programs or other institution of higher learning which shall be propounded by University, the NCAA, the MWC or other governing body having supervision over the athletic programs of University or such other institution of higher learning, or required by law;
h. Coach’s failure to fully cooperate in the enforcement and implementation of any drug testing and/or education program established by the University, the MWC, the NCAA, or pursuant to federal or state law that is applicable to student athletes or other employees of the University;
i. Coach’s being charged with, indicted for, pleading no contest to, or being convicted of (i) any felony; or, (ii) any misdemeanor involving gambling, drugs or alcohol. For purposes of termination of this Contract for cause, the parties agree that a conviction or plea will serve as conclusive evidence of the commission of the alleged crime by Coach;this
j. engaging in conduct which either (i) displays a continual, serious disrespect or continual, serious disregard for the mission of the University, (ii) brings Coach into public disrepute (ii) constitutes moral turpitude or breaches the high moral and ethical standards applicable to Coach as a visible representative of the University;
k. major or repeated minor violation of policies, rules, or regulations of the University; major or repeated secondary infractions of the MWC or NCAA rules (including any similar infraction which may have occurred at Coach’s prior employment); major or repeated minor violation of New Mexico or federal laws, regulations, or policies;
l. Coach’s misconduct, whether or not relating to Coach’s employment, which is not in the best interest of the University or which violates the University’s mission, interests, policies, or regulations, and which causes material damage to the reputation or dignity of the University or its athletics program;
m. participating in any (i) gambling, bookmaking, wagering, or betting involving any athletic contest whatsoever whether wither by soliciting, placing or accepting a bet or wager or through a bookmaker, a pool, or any other method of gambling; or (ii) counseling, instruction, encouraging, or knowingly and intentionally permitting any student-athlete, assistant coach, or other individual under or subject to Coach’s control, authority, or supervision to participate in such activity;
n. failure to report promptly to the DIA in writing any violations or potential violations known to Coach of University Rules including, but not limited to, those by Coach, his assistant coaches, student athletes or other persons under the direct control or supervision of Coach;
o. failure to take reasonable steps to ensure the physical and mental wellbeing of student athletes on the Men’s Tennis Baseball team; p. willful or grossly negligent conduct injurious to the University’s Intercollegiate Men’s Tennis Baseball Program or the University;
q. any other reason constituting adequate cause for termination pursuant to official written employment violation of policies of the University or its Athletics Department.its
Appears in 1 contract
Sources: Employment Contract
Termination of Contract for Cause. The University reserves the right to immediately terminate this Contract for cause at any time. Cause includes, but is not limited to, violation of any material obligation of Coach under this Contract or any amendments hereto. In addition to a material breach of this Contract, the parties agree that the following non-exclusive list constitutes cause for termination under this Section:
a. insubordination;
b. Coach’s neglect of, or failure or refusal to perform, his duties as Assistant Coach in any material respect after receiving written notice of such failure or refusal from the DIA;
▇. ▇▇▇▇▇▇▇▇▇▇▇ c. Malfeasance involving misuse of University or donor funds;funds in a single instance that totals more than
d. Coach’s failure to comport himself in a manner consistent with good sportsmanship or the moral, ethical or academic standards specified in this Contract or in University policies and regulations;
e. failure of Coach or any other person under his supervision and direction to comply with applicable standards or regulations of the MWC or the NCAA, federal or state law, or University rules, regulationsregulations or policies, as amended from time to time, regardless of whether such violation results in the imposition of sanctions or other consequences;
f. Coach’s failure to promote an atmosphere of compliance or his failure to properly and effectively monitor personnel under his supervision and direction which results in material non-compliance by Coach’s personnel, with applicable standards or regulations of the MWC or the NCAA, federal or state law, or University rules, regulations, or policies, as amended from time to time, regardless of whether such violation results in the imposition of sanctions or other consequences;
g. Coach’s instruction to any assistant coach, student or other person to respond inaccurately or incompletely to any request or inquiry concerning a matter relevant to University’s athletic programs or other institution of higher learning which shall be propounded by University, the NCAA, the MWC or other governing body having supervision over the athletic programs of University or such other institution of higher learning, or required by law;
h. Coach’s failure to fully cooperate in the enforcement and implementation of any drug testing and/or education program established by the University, the MWC, the NCAA, or pursuant to federal or state law that is applicable to student athletes or other employees of the University;
i. Coach’s being charged with, indicted for, pleading no contest to, or being convicted of (i) any felony; or, (ii) any misdemeanor involving gambling, drugs or alcohol. For purposes of termination of this Contract for cause, the parties agree that a conviction or plea will serve as conclusive evidence of the commission of the alleged crime by Coach;this
j. engaging in conduct which either (i) displays a continual, serious disrespect or continual, serious disregard for the mission of the University, (ii) brings Coach into public disrepute (ii) constitutes moral turpitude or breaches the high moral and ethical standards applicable to Coach as a visible representative of the University;
k. major or repeated minor violation of policies, rules, or regulations of the University; major or repeated secondary infractions of the MWC or NCAA rules (including any similar infraction which may have occurred at Coach’s prior employment); major or repeated minor violation of New Mexico or federal laws, regulations, or policies;
l. Coach’s misconduct, whether or not relating to Coach’s employment, which is not in the best interest of the University or which violates the University’s mission, interests, policies, or regulations, and which causes material damage to the reputation or dignity of the University or its athletics program;
m. participating in any (i) gambling, bookmaking, wagering, or betting involving any athletic contest whatsoever whether wither by soliciting, placing or accepting a bet or wager or through a bookmaker, a pool, or any other method of gambling; or (ii) counseling, instruction, encouraging, or knowingly and intentionally permitting any student-athlete, assistant coach, or other individual under or subject to Coach’s control, authority, or supervision to participate in such activity;
n. failure to report promptly to the DIA in writing any violations or potential violations known to Coach of University Rules including, but not limited to, those by Coach, his assistant coaches, student athletes or other persons under the direct control or supervision of Coach;
o. failure to take reasonable steps to ensure the physical and mental wellbeing of student athletes on the Men’s Tennis Track and Field/Cross-Country team; ;
p. willful or grossly negligent conduct injurious to the University’s Intercollegiate Men’s Tennis Track and Field/Cross- Country Program or the University;
q. any other reason constituting adequate cause for termination pursuant to official written employment policies of the University or its Athletics Department.
Appears in 1 contract
Sources: Employment Contract
Termination of Contract for Cause. The University reserves the right to immediately terminate this Contract for cause at any time. Cause includes, but is not limited to, violation of any material obligation of Coach under this Contract or any amendments hereto. In addition to a material breach of this Contract, the parties agree that the following non-exclusive list constitutes cause for termination under this Section:
a. insubordination;
b. Coach’s neglect of, or failure or refusal to perform, his duties as Assistant Head Coach in any material respect after receiving written notice of such failure or refusal from the DIA;
▇. ▇▇▇▇▇▇▇▇▇▇▇ c. Malfeasance involving misuse of University or donor funds;funds in a single instance that totals more than
d. Coach’s failure to comport himself in a manner consistent with good sportsmanship or the moral, ethical or academic standards specified in this Contract or in University policies and regulations;
e. failure of Coach or any other person under his supervision and direction to comply with applicable standards or regulations of the MWC or the NCAA, federal or state law, or University rules, regulations
regulations or policies, as amended from time to time, regardless of whether such violation results in the imposition of sanctions or other consequences; f. Coach’s failure to promote an atmosphere of compliance or his failure to properly and effectively monitor personnel under his supervision and direction which results in material non-compliance by Coach’s personnel, with applicable standards or regulations of the MWC or the NCAA, federal or state law, or University rules, regulations, or policies, as amended from time to time, regardless of whether such violation results in the imposition of sanctions or other consequences;
g. Coach’s instruction to any assistant coach, student or other person to respond inaccurately or incompletely to any request or inquiry concerning a matter relevant to University’s athletic programs or other institution of higher learning which shall be propounded by University, the NCAA, the MWC or other governing body having supervision over the athletic programs of University or such other institution of higher learning, or required by law;
h. Coach’s failure to fully cooperate in the enforcement and implementation of any drug testing and/or education program established by the University, the MWC, the NCAA, or pursuant to federal or state law that is applicable to student athletes or other employees of the University;
i. Coach’s being charged with, indicted for, pleading no contest to, or being convicted of (i) any felony; or, (ii) any misdemeanor involving gambling, drugs or alcohol. For purposes of termination of this Contract for cause, the parties agree that a conviction or plea will serve as conclusive evidence of the commission of the alleged crime by Coach;
j. engaging in conduct which either (i) displays a continual, serious disrespect or continual, serious disregard for the mission of the University, (ii) brings Coach into public disrepute (ii) constitutes moral turpitude or breaches the high moral and ethical standards applicable to Coach as a visible representative of the University;
k. major or repeated minor violation of policies, rules, or regulations of the University; major or repeated secondary infractions of the MWC or NCAA rules (including any similar infraction which may have occurred at Coach’s prior employment); major or repeated minor violation of New Mexico or federal laws, regulations, or policies;
l. Coach’s misconduct, whether or not relating to Coach’s employment, which is not in the best interest of the University or which violates the University’s mission, interests, policies, or regulations, and which causes material damage to the reputation or dignity of the University or its athletics program;
m. participating in any (i) gambling, bookmaking, wagering, or betting involving any athletic contest whatsoever whether wither by soliciting, placing or accepting a bet or wager or through a bookmaker, a pool, or any other method of gambling; or (ii) counseling, instruction, encouraging, or knowingly and intentionally permitting any student-athlete, assistant coach, or other individual under or subject to Coach’s control, authority, or supervision to participate in such activity;
n. failure to report promptly to the DIA in writing any violations or potential violations known to Coach of University Rules including, but not limited to, those by Coach, his assistant coaches, student athletes or other persons under the direct control or supervision of Coach;
o. failure to take reasonable steps to ensure the physical and mental wellbeing of student athletes on the MenWomen’s Tennis Basketball team; p. willful or grossly negligent conduct injurious to the University’s Intercollegiate MenWomen’s Tennis Basketball Program or the University;
q. any other reason constituting adequate cause for termination pursuant to official written employment policies of the University or its Athletics Department.
Appears in 1 contract
Sources: Employment Contract
Termination of Contract for Cause. The University reserves the right to immediately terminate this Contract for cause at any time. Cause includes, but is not limited to, violation of any material obligation of Coach under this Contract or any amendments hereto. In addition to a material breach of this Contract, the parties agree that the following non-exclusive list constitutes cause for termination under this Section:
a. insubordination;
b. Coach’s neglect of, or failure or refusal to perform, his her duties as Assistant Coach in any material respect after receiving written notice of such failure or refusal from the DIA;
▇. ▇▇▇▇▇▇▇▇▇▇▇ c. Malfeasance involving misuse of University or donor funds;funds in a single instance that totals more than
d. Coach’s failure to comport himself herself in a manner consistent with good sportsmanship or the moral, ethical or academic standards specified in this Contract or in University policies and regulations;
e. failure of Coach or any other person under his her supervision and direction to comply with applicable standards or regulations of the MWC or the NCAA, federal or state law, or University rules, regulationsregulations or policies, as amended from time to time, regardless of whether such violation results in the imposition of sanctions or other consequences;
f. Coach’s failure to promote an atmosphere of compliance or his her failure to properly and effectively monitor personnel under his her supervision and direction which results in material non-compliance by Coach’s personnel, with applicable standards or regulations of the MWC or the NCAA, federal or state law, or University rules, regulations, or policies, as amended from time to time, regardless of whether such violation results in the imposition of sanctions or other consequences;
g. Coach’s instruction to any assistant coach, student or other person to respond inaccurately or incompletely to any request or inquiry concerning a matter relevant to University’s athletic programs or other institution of higher learning which shall be propounded by University, the NCAA, the MWC or other governing body having supervision over the athletic programs of University or such other institution of higher learning, or required by law;
h. Coach’s failure to fully cooperate in the enforcement and implementation of any drug testing and/or education program established by the University, the MWC, the NCAA, or pursuant to federal or state law that is applicable to student athletes or other employees of the University;
i. Coach’s being charged with, indicted for, pleading no contest to, or being convicted of (i) any felony; or, (ii) any misdemeanor involving gambling, drugs or alcohol. For purposes of termination of this Contract for cause, the parties agree that a conviction or plea will serve as conclusive evidence of the commission of the alleged crime by Coach;
j. engaging in conduct which either (i) displays a continual, serious disrespect or continual, serious disregard for the mission of the University, (ii) brings Coach into public disrepute (ii) constitutes moral turpitude or breaches the high moral and ethical standards applicable to Coach as a visible representative of the University;
k. major or repeated minor violation of policies, rules, or regulations of the University; major or repeated secondary infractions of the MWC or NCAA rules (including any similar infraction which may have occurred at Coach’s prior employment); major or repeated minor violation of New Mexico or federal laws, regulations, or policies;
l. Coach’s misconduct, whether or not relating to Coach’s employment, which is not in the best interest of the University or which violates the University’s mission, interests, policies, or regulations, and which causes material damage to the reputation or dignity of the University or its athletics program;
m. participating in any (i) gambling, bookmaking, wagering, or betting involving any athletic contest whatsoever whether wither by soliciting, placing or accepting a bet or wager or through a bookmaker, a pool, or any other method of gambling; or (ii) counseling, instruction, encouraging, or knowingly and intentionally permitting any student-athlete, assistant coach, or other individual under or subject to Coach’s control, authority, or supervision to participate in such activity;
n. failure to report promptly to the DIA in writing any violations or potential violations known to Coach of University Rules including, but not limited to, those by Coach, his her assistant coaches, student athletes or other persons under the direct control or supervision of Coach;
o. failure to take reasonable steps to ensure the physical and mental wellbeing of student athletes on the Men’s Tennis Track and Field/Cross Country team; ;
p. willful or grossly negligent conduct injurious to the University’s Intercollegiate Men’s Tennis Track and Field/Cross Country Program or the University;
q. any other reason constituting adequate cause for termination pursuant to official written employment policies of the University or its Athletics Department.
Appears in 1 contract
Sources: Employment Contract