Difference between revisions of "IV: Contract Termination and Disposition of Deposits"

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(Created page with '==IV.A. Termination of the contract by the BSC (Amended 5/12/08 BOD)== 1. The BSC may administratively terminate the contract with the permission of a Central Level Supervisor un…')
 
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3. In the event the Administrative Committee requests evidence prior to deciding on a particular case, the member shall be required to submit said evidence by the next meeting or their termination fine case will not be heard and they will be charged the full fee.
 
3. In the event the Administrative Committee requests evidence prior to deciding on a particular case, the member shall be required to submit said evidence by the next meeting or their termination fine case will not be heard and they will be charged the full fee.
  
==C.== In the event the Administrative Committee releases a member from any fines, penalties, or charges on the grounds that
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==C.==  
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In the event the Administrative Committee releases a member from any fines, penalties, or charges on the grounds that
 
his/her house’s negligence caused him/her to take the action which resulted in said fines, penalties or charges then the sum
 
his/her house’s negligence caused him/her to take the action which resulted in said fines, penalties or charges then the sum
 
total of all aforementioned fines, penalties or charges shall be charged against the account of the negligent house.
 
total of all aforementioned fines, penalties or charges shall be charged against the account of the negligent house.

Revision as of 18:08, 25 November 2010

IV.A. Termination of the contract by the BSC (Amended 5/12/08 BOD)

1. The BSC may administratively terminate the contract with the permission of a Central Level Supervisor under the following circumstances:

a. Failure of the member to meet any of the membership qualifications or obligations placed upon him/her by the BSC Member Contract, BSC By-laws, this Administrative Code, the BSC Articles of Incorporation, or the Constitution or By-laws of his/her respective house, subject to the procedure prescribed in section IV.A.2 below. Disposition of the member’s deposit shall be at the discretion of the Administrative Committee.
b. Non-payment of bills — Reinstatement may be made by the Administrative Committee for exceptional reasons. Members shall be terminated if they are delinquent by at least the following amounts: One full payment after the second payment day, one half of a full payment three weeks after the final payment day, $75 at the end of the semester. Exceptions may be made if payment schedules are made at C.O.
c. When a member or applicant does not claim his/her reservation by the Friday of the first week of the semester or notify the BSC office prior to that date of late arrival, the BSC shall retain a cancellation fee from his/her deposit, as specified in the contract, and s/he shall be charged for room and board in accordance with the provisions of section IV.B.2.a until the BSC finds an acceptable substitute to accept the contract, and said substitute officially assumes the contract and begins payment. In no case shall an applicant whose contract has been terminated under this provision be considered to have earned any seniority within the BSC as a result of contract costs, regardless of the date of effective termination.
d. If a member has a health condition which in the opinion of a competent medical authority presents a clear and significant danger to the health of other members. The member’s deposit shall be refunded in this case.
e If a member fails to meeting the conditions of the contract including owing 20 or more hours of workshifts

2. Termination of contract under sections IV.A.1.a & b shall be conducted as follows:

a. The BSC will send a notice of prospective termination and eviction to the member the day the fifteen-day notice is signed. Notice is to be sent in the house run and emailed to the member. This notice shall include information explaining cause for termination, appeals procedures, and deadlines for appeal to AdCom or the Board of

Directors.

b. The member may appeal to AdCom and/or the BoD
c. A member may appeal from the BoD to AdCom after a BoD decision only with permission from the BSC President. The President can only grant this permission if he/she is convinced new information will be presented.
d. The Board of Directors shall hear the membership termination appeals and decide them according to the BSC Articles of Incorporation, By-laws, and Administrative Code.
e. Three days prior to the effective termination, the BSC will serve the member with a three-day notice of eviction. A process server will serve this notice. During the following three days, the member shall have the opportunity to remedy cause for termination (such as paying delinquent rent).
f. The day of the effective termination, unlawful detainers will be filed, and delivered by a process server, against all members who have not appealed or whose appeals have not been granted by the Board. Members delaying remediation of cause until this late date may be subject to eviction for cause. Members served with unlawful detainers shall not be re-admitted upon remediation of cause.
g. Process servers shall be hired by the BSC at its own expense. If a BSC member is hired, that person cannot be an employee in any other capacity and shall be compensated with a cash stipend equivalent to one workshift hour for each member so served.

3. Reinstatement

a. Any member terminated under section IV.A.1.a. or IV.A.1.b. of the AdCode shall be re-admitted upon the approval of the Administrative Committee. A simple two-thirds majority of the Administrative Committee is required for said reinstatement. No person may request reinstatement more than once in a semester. The Administrative Committee Chair may waive this limit if the ex-member presents the Administrative Committee Chair with new evidence that may affect the decision.
b. Any persons wishing re-admission to the BSC, who has not been terminated but whose delinquent payments have been referred to a collection agency that keeps half of any debt collected as its fee, must secure permission by a simple two-thirds vote of AdCom before re-admission. Any individual who falls into this category must double their deposit upon reentering the organization.
c. No person may request reinstatement in more than two different semesters. If the Administrative Committee has denied requests for reinstatement in two different semesters, the person may not be reinstated.
d. Any person whose contract is terminated under the provisions of Administrative Code sections IV.A.1.a, IV.A.1.b, or IV.A.1.e, after having been reinstated under section IV.A.3.a, may never be reinstated.
e. Any person who would like to be reinstated to the BSC must resolve all debts with the BSC before s/he may ask to be reinstated at AdCom.
f. Any member who has received an eviction from the BSC may not ever be considered for reinstatement. Under no circumstances may such members appeal to AdCom.

IV.B. Termination of Contract by Member

1. Without deposit retention or other penalty — Upon request of the member, the Administrative Committee shall terminate the contract without deposit retention or other penalty (provided the member has not delayed in notifying the BSC office of his/her departure) for the following reasons:

a. If a member is forced to leave the BSC due to non-acceptance by the University or withdrawal enforced upon the student by the University.
b. If a member is forced to leave the organization due to illness sufficiently severe to require withdrawal from the University. Medical evidence is required in such cases.
c. If a member is involuntarily inducted into active military service.
d. If a member is forced to leave the organization due to circumstances entirely beyond his/her control and reasonably unforeseeable to a degree that the member could not have submitted a notice of cancellation on time, as determined by the Administrative Committee.
e. If a member is forced to leave the organization due to absolute economic hardship or family crisis as judged by the Administrative Committee. The “absolute economic hardship” must not have been reasonably foreseeable such as to have allowed timely cancellation of the contract and must be documented as the cause rather than the result of the member’s untimely cancellation or departure from the BSC. Withdrawal from the University will not, in itself, serve as sufficient verification of absolute economic hardship or family crisis as grounds for waiver of contract rights or obligations by the member or the BSC.

2. With penalty

a. A room and boarder who terminated his/her contract after the deadline date for cancellation of his/her contract without meeting any of the above provisions in IV.B.1. shall have a cancellation fee retained from his/her deposit by the BSC, as specified in the contract. S/he shall be charged for room and board and any other charges in accordance with the provisions of the contract until the BSC releases him/her from the contract. If the late cancellation is made prior to the fourth week of classes (as defined by the UC Academic Calendar), the BSC will release the member from further room and board charges on the 31st day of the contract period if s/he has not already been released through the following replacement process: Member who cancel or quit after the deadline are placed on a list, (the Replacement List), in the chronological order in which notice is received. When a new applicant signs a contract with the BSC, such new applicant shall be deemed to replace the next member on the Replacement List, regardless of the premises to which such new applicant is assigned. Should a member request cancellation of his/her contract after the cancellation date, the BSC reserves the right to assign another applicant to the member’s room and to assign the member to another unit until s/he is released from his/her contract.
i. The deadline date for contract cancellation shall be the Wednesday of the fourth to last week of the preceding semester.
ii. Applicants on the waiting list for the BSC have priority over applicants found by the terminating member.
iii. A member who has canceled his/her contract shall be responsible for his/her workshift hours until his/her replacement assumes the contract. In case s/he is unable to do the work, s/he must pay the Central Level workshift rate per hour missed to the house.
iv. Persons canceling their contracts after the cancellation date shall not be held responsible for the cost of raw food, commencing three days after they officially leave the BSC.
b. If the Administrative Committee feels that a member’s application for termination of contract has some merit but not sufficient to fall under any of the above IV.B.1. provisions, or if the committee feels that the individual delayed in submitting his/her application, it may issue a special ruling terminating the contract but requiring some penalty.

3. In the event the Administrative Committee requests evidence prior to deciding on a particular case, the member shall be required to submit said evidence by the next meeting or their termination fine case will not be heard and they will be charged the full fee.

C.

In the event the Administrative Committee releases a member from any fines, penalties, or charges on the grounds that his/her house’s negligence caused him/her to take the action which resulted in said fines, penalties or charges then the sum total of all aforementioned fines, penalties or charges shall be charged against the account of the negligent house.