Appointee:

Department:

Period of Appointment:

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UCSB Managers and Senior Professionals (MSP)

Contract Appointment - Coach

EMPLOYMENT AGREEMENT

This Agreement is entered into on <date of Agreement>, by and between The Regents of the University of California (hereinafter "University") and <appointee's name>. This Agreement sets forth terms and conditions of employment concerning the appointment of <appointee's name> (hereinafter "the appointee") to the position of <working title and sport> in <department>.

A.TERM OF APPOINTMENT

This appointment is to have a fixed term beginning on <appointment begin date> and terminating on <appointment end date>. The appointment will terminate automatically on the termination date unless terminated earlier pursuant to the terms of this Agreement. Should this Agreement be extended in writing prior to the termination date, it will terminate automatically upon the expiration date of the extension. The University has no obligation to extend this contract or reappoint, renew or employ the appointee following the expiration of this contract. In addition, this Agreement or any extension thereof may be terminated in accordance with Sections M or N of this Agreement.

B.WAIVER OF PROCEDURAL RIGHTS

The appointee understands and agrees that if this Agreement is terminated under Sections A, M, or N, the appointee is waiving the appointee’s rights, if any, to any process the appointee might otherwise be due, such as a Skelly hearing, a post-deprivation hearing and/or a liberty interest hearing. The appointee attests that the appointee is voluntarily waiving the appointee’s rights, if any, tosuch processes in exchange for the bargained for consideration in Section G of this Agreement.

C.DUTIES AND RESPONSIBILITIES

The duties and responsibilities shall be those set forth in the job description annexed hereto and incorporated in this Agreement. Additional duties may be assigned to the appointee and the job description may be modified from time to time by the Director of Intercollegiate Athletics in order to accommodate changing circumstances and needs. The appointee’s duties and responsibilities shall be conducted in accordance with the University's policies, procedures, and rules. The appointee agrees to perform all the duties set forth in the signed and dated job description as well as those assigned by The Director of Intercollegiate Athletics.

D.HOURS OF WORK

The appointment is at <percentage of time> percent of full time. As required by the University, hours shall be scheduled to accommodate operational needs. As an exempt employee the appointee is not eligible to receive overtime compensation, compensatory time off, or additional compensation beyond the established salary for the position; greater emphasis is placed on meeting the responsibilities assigned to the position than on working a specified number of hours.

E.COMPENSATION AND BENEFITS

1.Base Salary: This position is assigned to a payroll title of <payroll title> (title code <title code>), Management and Senior Professional (MSP) Grade <grade level>. The annual base salary for this position is <annual salary at 100%> (<monthly salary at 100%> per month) for work at 100 percent of full time. Changes in salary shall be by revision of this Agreement. All compensation shall be paid in accordance with the payroll policies of the Regents and subject to such deductions as may be required by applicable laws and regulations.

2.OPTIONAL Additional Compensation and Incentives

a.[OPTIONAL NCAA Tournament Incentives: In addition to the annual base salary, the appointee shall be eligible to receive the following enumerated performance bonuses for each contract year in which such performance is achieved. Annual performance bonuses will be paid no later than <# of days - e.g., 60 days> days following the season in which such performance bonuses are earned. At the appointee’s discretion, the University may pay a portion of the incentives to the Assistant Coaches.

Accomplishment / Bonus Amount
Accomplishment 1 / $
Accomplishment 2 / $
Accomplishment 3 / $
Accomplishment 4 / $
Accomplishment 5 / $

The appointee is eligible to receive identified bonuses for all levels of accomplishment achieved in a contract year.

b.OPTIONALCamps and Clinics: At the sole discretion of the Director of Intercollegiate Athletics, the University may offer the appointee an assignment to participate in a University <sport>camp or clinic at a stipend of $<stipend amount> per contract year.]

  1. Benefits: The appointee may be eligible for University health and welfare benefits in accordance with the benefits eligibility requirements of the University of California Benefits Program and Retirement System regulations.

4.Scheduling of Time Off: Although the appointee is not eligible to receive accrued vacation or holiday benefits, he/she can schedule of leave periods with the approval of the Director of Intercollegiate Athletics in his/her sole discretion after consultation with the appointee. Any leave of more than forty-eight hours (48) must be approved in advance by the Director of Intercollegiate Athletics.

F.REIMBURSEMENT OF EXPENSES INCURRED BY STAFF MEMBER

With prior University approval, the appointee shall be entitled to reimbursement of expenses (including travel expenses) incurred on behalf of the University in the performance of the appointee’s duties. Reimbursement shall be in accordance with University policies on travel and expense reimbursement. The University may amend these policies at any time.

G.APPLICATION OF PERSONNEL POLICIES FOR STAFF MEMBERS (PPSM)

1.Policies Applicable to All Contract Appointments

The Universitywide Personnel Policies for Staff Members (PPSM) listed below are incorporated into this Agreement:

Policy 1General Provisions

Policy 3Types of Appointment (Contract Position—definition only)

Policy 12Nondiscrimination in Employment

Policy 21Appointment (PPSM 21.E-G only)

Policy 31Hours of work (PPSM 31.A only)

Policy 35Protective Clothing, Equipment, and Uniforms (if applicable)

Policy 2.210Absence from Work (PPSM 2.210.III.A; PPSM 2.210.III.D, exceptPPSM 2.210.III.D.1.e, PPSM 2.210.III.D.9.b, and PPSM 2.210.III.D.11; and PPSM 2.210.III.E-G only)

Policy 70Complaint Resolution (PPSM 70 is limited to complaints alleging discrimination; PPSM 70. III B-F, H-I, K-N, and only to the extent that PPSM 70 is applicable to Contract Employees - Managers and Senior Professionals and involves a complaint of discrimination)

Policy 80Staff Personnel Records

Policy 81Reasonable Accommodation (PPSM 81.A-B only)

Policy 82Conflict of Interest

Policy 83Death Payments (If eligibility criteria are met)

The UCSB Local Personnel Policies for Staff Members listed below are also incorporated into this Agreement:

Policy 3Types of Appointment

Policy 21Appointment

Policy 35Protective Clothing, Equipment, and Uniforms (if applicable)

Policy 45Military Leave

Policy 70Complaint Resolution (only for complaints alleging discrimination; Local PPSM 70. II-III, and V, and only to the extent that Local PPSM is applicable to Contract Employees - Managers and Senior Professionals and involves a complaint of discrimination)

The University may change the above referenced policies at any time and any and all changes will be incorporate by reference into this Agreement.

In addition, current and/or amended Presidential policies regarding Reporting Improper Governmental Activities and Protection Against Retaliation for Reporting Improper Activities, the Policy on Substance Abuse, the University's Patent Agreement policy and Electronic Mail policy, as well as other policies of general application which the University may promulgate from time to time, shall apply.

No other provisions of Personnel Policies for Staff Members shall apply.

H.Breach of NCAA Rules

In the performance of the appointee’s duties, the appointee shall not either directly or indirectly breach or support, approve or tolerate the breach by any player or coach subject to the appointee’s supervision, of any announced and/or published rules of the current NCAA Constitution and Bylaws or the governing policies of Collegiate amateur athletics to which the University adheres.

I.PUBLIC APPEARANCES/COMMERCIAL ACTIVITY

The appointee shall make no public appearance, either in person or by means of radio or television, nor willingly allow the use of his/her name in conjunction with his/her relationship to the University when any such appearance or use of his/her name will result in unfavorable reflection upon the University. The appointee shall neither participate in nor allow his/her name to be used in connection with any particular athletic equipment and/or commercial activity wherein the appointee will receive remuneration for such participation or use unless the appointee has received written consent therefore from the Chancellor or designee. "Commercial activity" shall include any appearance by the appointee, either in person or on radio or television, or the presentation by the appointee of any news story or article for publication in any newspaper or periodical.

The provision of the above paragraph notwithstanding, the appointee and management may participate in seminars, clinics, banquets, celebrity events, media interviewing, or make speaking or consulting Agreements without having received prior written consent from Director of Intercollegiate Athletics , provided that the appointee’s participation in these activities results in no unfavorable reflection upon the University. If the Director of Intercollegiate Athletics is aware that the appointee’s participation in any of these activities will adversely affect the University, the Director of Intercollegiate Athletics may direct the appointee not to participate in these activities.

J.GRATUITIES AND ANNUAL WRITTEN ACCOUNTING OF OTHER ATHLETICALLY-RELATED INCOME

The appointee shall not accept any gratuities in connection with the performance of his/her duties, except with the prior approval of the Director of Intercollegiate Athletics per NCAA rules. The appointee shall annually report all athletically-related income from sources outside the University through management to the Chancellor of this University.

K.ENDORSEMENTS AND USE OF NAMES/AFFILIATIONS

The appointee shall not directly or indirectly use the NCAA's name or the appointee’s affiliation with the association in the endorsement of products or services. In addition, the appointee shall not directly or by implication use the University's name or logo in the endorsement of products or services without prior approval from the Director of Intercollegiate Athletics per NCAA rules.

L.DISCLOSURES

The appointee shall disclose to the University in writing before signing this Agreement the date and substance of any substantiated claims of misconduct that have been made against the appointee in his/her professional capacity before the date of this Agreement. This includes, but is not limited to, any substantiated claims made against the appointee that the appointee violated a prior employer’s policy, any NCAA regulations, or applicable law.

M.TERMINATION DUE TO DISABILITY OR DEATH

This Agreement shall terminate automatically upon the appointee’s death. If the appointee is unable to perform his/her essential job functions with or without reasonable accommodation, the University or appointee may terminate this Agreement. If a terminations occurs for any of the reasons set forth in the list section (M), all future obligations cease effective with the date of termination.

N.AT WILL STATUS OF EMPLOYMENT

Either party, with or without cause, may terminate the appointment at any time by serving written notice to the other party. Termination is not reviewable under Staff Policy 70,

Complaint Resolution, or any other policy. Although other terms and conditions can be changed from time to time by written agreement of the parties, the at-will status of this Agreement cannot be changed, amended, or altered.

O.GENERAL PROVISIONS

This Agreement constitutes the entire Agreement and understanding between the parties with respect to the appointment in Athletics and does not preclude additional appointments at the University so long as any additional appointment is in compliance with University policy. The terms of this Agreement supersede all previous agreements written or verbal, and may be modified only by subsequent written agreement signed by both parties. In the event that any part of this Agreement proves to be invalid or is declared or rendered invalid by court decision or statue, the remaining provisions of the Agreement shall remain in full force and effect. California law shall govern the interpretation and construction of this Agreement.

P.SIGNATURES

Melinda Crawford

Employment Manager

Human Resources: Date:

Todd G. Lee

Assistant Chancellor

Budget & Planning: Date:

Coach: Date:

Print Name:

John McCutcheon

Director

Intercollegiate Athletics: Date:

[This Agreement is not effective until the appointee has completed all University required paperwork necessary to become a University contract employee, including the State Oath of Allegiance, Patent Agreement, etc.]

MSP Coach Contract –5-15 MSC