It is the purpose of this agreement to delineate the terms, conditions, and guidelines of membership regarding the participation of First Name Last Name (for this agreement referred to as “Member”) in the Iowa Community Health AmeriCorps Program, sponsored by Drake University (for this agreement referred to as the “Program”).
The Member certifies that he/she is a United States citizen, a United States national, or a legal permanent resident of the United States and at least 17 years of age. The Member also certifies that he/she has a high school diploma, GED or agrees to obtain one while under service to the Program.
I. TERMS OF SERVICE
Members completing a half-time AmeriCorps term must complete 300 hours of service over the course of 11 weeks, and must begin no later than May 31, 2016. The Program and Member may agree, in writing, to extend this term of service if the Member’s service has been suspended due to compelling personal reasons.
a) a maximum of 20% of these hours may be training, education or other similar approved activities, and a maximum of 10% of these hours may be for fundraising.
b) The Member understands that in order to successfully complete the term of service (as defined by the Program and consistent with the regulations of the Corporation for National and Community Service) and to be eligible for the education award, he/she must do the minimum required hours of service (including at least one hour of service per month), complete all required forms and documentation, complete accurate time sheets by the deadlines, satisfactorily complete the appropriate education/training that relates to the Member’s ability to perform service and complete the Program activities as described by the position description and expectations. Such education/training will include (at a minimum), disaster preparedness, communication, capacity building and volunteer recruitment, life after AmeriCorps, and civic engagement.
c) The Member understands that in order to be eligible for future terms of service, the Member must receive satisfactory performance reviews for any previous term of service. The Member’s eligibility for future terms of service will be based on an end of term evaluation of the Member’s performance focusing on factors such as whether the Member has: completed the required number of hours; satisfactorily completed assignments, tasks, or programs; met any other criteria that were clearly communicated, both orally and in writing.
d) The Member understands that mere eligibility for an additional term of service does not guarantee selection or placement.
In the event of a large scale disaster in Iowa, the Iowa Commission on Volunteer Service (ICVS) will coordinate the national service member response. Disaster readiness and response training will be provided through the ICVS, in agreement with a designated service provider. Members who have been adequately trained in disaster preparedness and response, after having obtained written approval of their site supervisor and the Iowa Community Health AmeriCorps Program (ICHAP) coordinator, may respond through a designated response agency to local and state disaster relief operations. Members may count the actual time served responding to such a disaster toward their service obligation under this member service agreement, but not to exceed 12 hours per day for day(s) involving travel to or from a disaster site, and not to exceed 10 hours per day for day(s) not involving travel to or from a disaster site. Members may serve up to 20 hours per member per term of service. In the event of a large-scale state disaster, a longer time commitment may be allowed, contingent on community need and approval from the Iowa Commission on Volunteer Service. In the event of a national disaster, the ICHAP Coordinator may issue a call for volunteers. Members wishing to respond to a national disaster must receive written approval by the ICHAP Coordinator, site supervisor and ICVS.
Half-Time Members (900 hours)
Minimum-Time Members (300 hours)
a) The Member will receive a living allowance of $1,370 to be paid out monthly during the term of service. The living allowance is subject to federal and state tax withholdings and is deducted directly from the member’s monthly living allowance.
b) Upon successful completion of the full term of service, the Member will receive an education award of $1,212.44 from the National Service Trust. The Member understands that his/her failure to disclose to the program any history of having been released for cause from another AmeriCorps program will render the Member ineligible to receive the education award.
e) Forbearance is available for qualified student loans. If the Member has received forbearance on a qualified student loan during the term of service, and the Member successfully completes the term of service, the National Service Trust will repay a portion of the interest that accrued on the loan during the term of service according to hours served.
III. AMERICORPS MEMBER ROLES
See member position description.
IV. NONDUPLICATION AND NONDISPLACEMENT
ICHAP members may not be used to duplicate an activity that is already available in the locality of a program. And, unless the requirements of paragraph (f) of this section are met, ICHAP Member assistance will not be provided to a private nonprofit entity to conduct activities that are the same or substantially equivalent to activities provided by a state or local government agency in which such entity resides.
1) An employer may not displace an employee or position, including partial displacement such as reduction in hours, wages, or employment benefits, as a result of the use by such employer of a participant in a program receiving ICHAP Member assistance.
2) An organization may not displace a volunteer by using a participant in a program receiving ICHAP Member assistance.
3) A service opportunity will not be created under this chapter that will infringe in any manner on the promotional opportunity of an employed individual.
4) A participant in a program receiving ICHAP Member assistance may not perform any services or duties or engage in activities that would otherwise be performed by an employee as part of the assigned duties of such employee.
5) A participant in any program receiving assistance under this chapter may not perform any services or duties, or engage in activities, that— (i) Will supplant the hiring of employed workers; or (ii) Are services, duties, or activities with respect to which an individual has recall rights pursuant to a collective bargaining agreement or applicable personnel procedures.
6) A participant in any program receiving assistance under this chapter may not perform services or duties that have been performed by or were assigned to any— (i) Presently employed worker; (ii) Employee who recently resigned or was discharged; (iii) Employee who is subject to a reduction in force or who has recall rights pursuant to a collective bargaining agreement or applicable personnel procedures; (iv) Employee who is on leave (terminal, temporary, vacation, emergency, or sick); or (v) Employee who is on strike or who is being locked out.
V. BEHAVIORAL EXPECTATIONS
While acting in an official capacity as an AmeriCorps Member, the Member is expected to:
a) Complete all written documents/forms as required by AmeriCorps and the Site Supervisor
b) Demonstrate respect toward others
c) Follow directions of Program officials
d) Direct concerns, problems, and suggestions to the appropriate Program official.
At no time may a Member:
a) Engage in any activity that is illegal under local, state or federal law
b) Engage in activities that pose a significant safety risk to others
c) Engage in activities that violate Drake University’s ethical obligations to its clients, including the obligation to keep client information confidential.
While charging time to the AmeriCorps Program, accumulating service or training hours, or otherwise performing activities supported by the program or the Corporation for National and Community Service, the member may not engage in the following prohibited activities:
a) Attempting to influence legislation;
b) Organizing or engaging in protests, petitions, boycotts, or strikes;
c) Assisting, promoting or deterring union organizing;
d) Impairing existing contracts for services or collective bargaining agreements;
e) Engaging in partisan political activities or other activities designed to influence the outcome of an election to any public office
f) Participating in, or endorsing, events or activities which are likely to include advocacy for or against political parties, political platforms, political candidates, proposed legislation, or elected officials;
g) Engaging in religious instruction, conduct worship services, providing instruction as part of a Program that includes mandatory religious instruction or worship, constructing or operating facilities devoted to religious instruction or worship, maintaining facilities primarily or inherently devoted to religious instruction or worship; or engaging in any form of religious proselytization;
h) Providing a direct benefit to:
i) Conducting a voter registration drive or using CNCS funds to conduct a voter registration drive
j) Providing abortion services or referrals for receipt of such services
k) Such other activities as CNCS/ICVS/Drake University may prohibit
- AmeriCorps members may not engage in the above activities directly or indirectly by recruiting, training, or managing others for the primary purpose of engaging in one of the activities listed above.
- Individuals may exercise their rights as private citizens and may participate in the activities listed above on their initiative, on non-AmeriCorps time, and using non-CNCS funds. Individuals should not wear the AmeriCorps logo while doing so.
AmeriCorps members may raise resources directly in support of your program’s service activities. Examples of fundraising activities AmeriCorps members may perform include, but are not limited to, the following:
1) Seeking donations of books from companies and individuals for a program in which volunteers teach children to read;
2) Writing a grant proposal to a foundation to secure resources to support the training of volunteers;
3) Securing supplies and equipment from the community to enable volunteers to help build houses for low-income individuals;
4) Securing financial resources from the community to assist in launching or expanding a program that provides social services to the members of the community and is delivered, in whole or in part, through the members of a community-based organization;
5) Seeking donations from alumni of the program for specific service projects being performed by current members.
AmeriCorps members may not raise resources directly in support of your program’s service activities. Examples of fundraising activities AmeriCorps members may not perform include, but are not limited to, the following:
1) Raise funds for his/her living allowance or for an organization’s general operating expenses or endowment;
2) Write grant applications for CNCS grants, including AmeriCorps grants, or to any other federal agency
An AmeriCorps member may spend no more than ten percent of his or her originally agreed-upon term of service, as reflection in the member enrollment in the National Service Trust, performing fundraising activities.
The Member understands the following acts will also constitute a violation of the Program’s expectations of behavior:
a) Unauthorized tardiness;
b) Unauthorized absences (Members may be excused for illness, but they are still required to notify their supervisor as soon as possible before their scheduled hours. If a Member is absent because of illness for three consecutive days, a written excuse from a Medical Doctor will be required. Members will get prior written authorization from the site supervisor for non-medical excused absences). If a member is absent for three consecutive days without notice or good cause, such absence may be grounds for termination;
c) Failure to complete time sheets for each month by the given deadline;
d) Repeated use of inappropriate language at a service site;
e) Failure to identify yourself as an AmeriCorps member at site;
f) Stealing or lying;
g) Engaging in activity that may physically or emotionally damage other Members of the Program or the community;
h) Possessing or using any illegal drugs during the term of service;
i) Consuming alcoholic beverages during the performance of service activities;
j) Being under the influence of alcohol or drugs during the performance of service activities;
k) Failure to notify the Program (within five days of the event) of any criminal arrest or conviction that occurs during the term of service.
The Member acknowledges that the offer DRAKE UNIVERSITY made to him/her to serve as an AmeriCorps member was contingent upon DRAKE UNIVERSITY finding the Member suitable for this Program, based on the Program’s review of the Member’s criminal history, as described in “How Drake University Evaluates Criminal Background Checks for AmeriCorps Members,” which the Member received during the application process. The member also acknowledges he/she provided DRAKE UNIVERSITY with all information and/or documents it needed to conduct the background checks, including signing the “Acknowledgment of Iowa Community Health AmeriCorps Program Criminal Background Check.”
If the Member fails to meet expectations of behavior described above, the Program will proceed with the following steps:
a) For the Member’s first incident, an appropriate Program official will issue a verbal warning and document it for the Member’s file;
b) For the Member’s second incident, an appropriate Program official will issue a written letter of warning to the Member and provide a copy for the Member’s file.
c) For the Member’s third incident, the Member may be suspended for one or more days, meaning service hours are not eligible on those days;
d) For the Member’s fourth incident, the Program may release the Member for cause.
The Program reserves the right to immediately release the Member, without proceeding through the aforementioned incident procedure, for cause if, in the judgment of the Program Manager, his/her conduct undermines the effectiveness of the Program or the project to which he/she is assigned.
VI. RELEASE FROM TERM OF SERVICE
The Member understands that he/she may be released for the term of service for the following two reasons:
a) For cause, as explained in this section; or
b) Compelling personal circumstances as defined in this section.
The Program will immediately release a Member for cause for the following reasons:
a) The Member has dropped out of the Program (failed to serve hours and complete time sheets) without obtaining a release for compelling personal circumstances from the appropriate Program official;
b) During the term of service the Member has been convicted of a violent felony, or the sale or distribution of a controlled substance;
c) The Member has a fourth incident violations outlined in this agreement; or
d) Any other behavior that, in the judgment of the Program Manager, would undermine the effectiveness of the Program.
The Program may release a Member from the term of service, due to compelling personal circumstances, if:
a) The Member has a serious injury or illness that makes completing the term impossible;
b) There is serious injury to, or illness or death of a member of the Member’s immediate family, and the Member is needed to care for, or take over the duties of that family member;
c) The Member is drafted or called to serve by the Armed Services of the United States; or
d) Another circumstance occurs which the Program Manager deems to be compelling, that makes it impossible or very difficult for the Member to complete the term of service if the member contacts their Site Supervisor or Program Manager as quickly as possible regarding the issue involved.
A member may request release from the term of service due to compelling personal circumstances by providing detailed, written communication of the circumstance to both the site supervisor and Program Manager in a timely fashion.
The Program will suspend the Member’s term of service for the following reasons:
a) During the term of service the Member is charged with a violent felony, or the sale or distribution of a controlled substance. If the Member is found not guilty or the charge(s) is dismissed, the Member may resume his/her term of service. The Member, however, will not receive credit for any service hours missed during the suspension.
b) During the term of service the Member is convicted of a first offense of possession of a controlled substance. If the Member demonstrates he/she has enrolled in an approved drug rehabilitation program, the Member may resume his/her term of service. The reinstated Member will not receive credit for service hours missed during the suspension.
c) The Program may suspend the Member’s term of service for violating the Program’s Expectations of Behaviors as described in Section IV this agreement.
d) The Program may suspend the Member’s term of service in response to written notification of a compelling personal circumstance which indicates the member’s intent to return to service.
If the Member discontinues his/her term of service for any reason other than being released for compelling personal circumstances as described herein, the Member will cease to receive the benefits described in Section II of this agreement.
If the Member discontinues his/her term of service due to compelling personal circumstances as described herein, the Member will cease to receive the benefits described in section II of this agreement. However, if the Member has completed at least 15% of the required service hours, the Member will receive a prorated education award or interest payments described in Section II of this agreement.
VII. GRIEVANCE PROCEDURES
Members, staff, sub-grantees, and other interested parties involved in the Iowa Community Health AmeriCorps Program, administered through the Iowa Commission on Volunteer Service (ICVS), who wish to file a grievance, shall follow the procedures set forth below. Northing herein shall prohibit the complainant from filing a grievance with other state or federal agencies.
Definition: A grievance is defined as a complaint, dispute or controversy concerning the interpretation, operation, or application of the National Community Service Act, as amended (hereinafter, the “Act”), its implementing regulations, the aggrieved party’s contract, other agreements under the Act, personnel practices or Employer rules or regulations the aggrieved party believes have been violated.
a) Initiation of grievance:
The person wishing to file a grievance must submit a formal grievance complaint in writing to the Director of Community Engagement & Service-Learning at Drake University. Complaints should include, to the best extent possible, the following information:
i. The full name, telephone number, and address of the person making the complaint;
ii. The full name and address of the party against whom the complaint is made, or other information sufficient to identify the party against whom the complaint is made;
iii. A clear and concise statement of the facts, as alleged, including pertinent dates, constituting the alleged violation;
iv. The provision of the act, regulations, grant, contract, or other agreement under the Act believed to have been violated;
v. The relief requested.
b) After receiving a complaint, Drake University will use the following procedure:
c) Except for complaints alleging fraud or other criminal activity, complaints will only be considered if received within one year of the date of the alleged occurrence.
d) The Director of Community Engagement and Service-Learning at Drake University, or a designee, will conduct a hearing no later than 30 calendar days after the filing of the formal grievance.
e) The written decision of the Director of Community Engagement and Service-Learning at Drake University or the designee, on any filed grievance, must be mailed to the last known address of the aggrieved party not later than 60 days after filing of the formal grievance.
f) If an adverse decision against the member or no decision is reached after 60 days, the member may submit the grievance to binding arbitration
g) The arbitrator is jointly selected by and independent of the parties
h) If the parties cannot agree on the selection of an arbiter within 15 days, the CNCS will appoint an individual selected from a list of qualified arbitrators
i) Arbitration proceedings must be held no later than 45 days from the jointly selected process or 30 days after the appointment by the CNCS
j) Decision must be made by arbitrator within 30 days after the arbitration proceedings begin
k) The cost of arbitration must be divided evenly by the parties, unless the member prevails
l) If the member prevails, the program will pay the total cost of the proceeding and the cost of reasonable attorney's fees related to the A DR proceeding
Suspension of Placement
If a grievance is filed regarding a proposed placement of a member in a program or project, such a placement must not be made unless the placement is consistent with the resolution of the grievance.
Remedies for a grievance filed under this procedure may include:
a) Prohibition of a placement of a member; and In grievance cases where the violation of non-duplication or non-displacement requirements and the employer of the displaced employee is Drake University:
b) Reinstatement of the employee to the position he/she held prior to the displacement;
c) Payment of lost wages and benefits if applicable;
d) Re-establishment of other relevant terms, conditions, and privileges of employment; and
e) Any other equitable relief that is necessary to correct any violation of the non-duplication or non-displacement requirements or to make the displace employee whole.
The member understands that as a program participant he/she is expected to follow the steps in the Program’s Grievance Procedure in resolving disagreements as defined by the program.
VIII. DRUG FREE WORKPLACE ACT
The Member understands that in accordance with the Drug Free Workplace Act:
a) The unlawful manufacture, distribution, dispensation, possession or use of a controlled substance is prohibited by Drake University;
b) Conviction of any criminal drug statute must be reported within 5 days after such conviction to Drake University
c) The Member’s participation in this Program is conditioned upon compliance with the notice requirements set forth in this agreement, and in the Drug Free Workplace Act; and
d) Certain actions will be taken against Members for violations of such prohibitions as described in other sections of this agreement.
The Member understands that Drake University, its employees, volunteers and AmeriCorps Members may not unlawfully discriminate against any Drake University employee, volunteer, AmeriCorps Member or service recipient on the basis of race, color, national origin, sex, sexual orientation, gender identity, age, religion, political affiliation or disability.
It is also unlawful for any organization that receives federal financial assistance from the Corporation for National and Community Service to retaliate against any person who, or organization that, files a complaint about such discrimination. In addition to filing a complaint with local and state agencies that are responsible for resolving discrimination complaints, you may bring a complaint to the attention of the Corporation for National and Community Service. If you believe that you or others have been discriminated against, or if you want more information, contact:
2507 University Ave
Des Moines, IA 5013
Office of Civil Rights and Inclusiveness
Corporation for National and Community Service
1201 New York Avenue, NW
Washington, DC 20525
(202)606-7503 (voice); (202)565-2799 (TTY);
X. Reasonable Accommodation
Iowa Community Health AmeriCorps Program members and ICHAP Site Supervisors will make reasonable accommodations for qualified individuals with a disability to enjoy an equal service opportunity. Examples of reasonable accommodations include making existing facilities accessible; modified work schedules; acquiring or modifying equipment; changing training or enrollment materials, or policies; providing qualified readers or interpreters; and reassignment to an alternate service site.
XI. INFORMED CONSENT
The Member, by signing this agreement, gives Drake University official permission to use his/her name or photograph for publicity or promotional purposes.
The Member also understands that the Program may be obligated to release Member information to the Iowa Commission on Volunteer Service, the Corporation for National Service and outside program evaluators. The Member understands that by signing this agreement, he/she is giving consent to the appropriate Program official to do so.
XII. CRIMINAL BACKGROUND CHECKS
All prospective Iowa Community Health AmeriCorps Program members are subject to a Federal Bureau of Investigation (FBI) and Iowa Department of Criminal Investigation (DCI) Criminal Background Check (the FBI check includes fingerprinting). Prospective members will also be checked against the National Sex Offender Registry using the National Sex Office Public Website (NSOPW). Any prospective member with criminal offense(s) reported by these agencies will be dealt with on an individual basis according to the nature, degree and timing of the offense.
Drake University will disclose the information found in these Criminal Background Checks to the potential member. If appropriate and necessary, members will be asked to disclose information to the site and Site Supervisor so that all parties involved are informed of previous incidents and able to put safeguards in place if needed.
The record that is most often found with the population of AmeriCorps members applying to this program is an OWI or Possession Under the Legal Age. Below is an example of what would be asked of the member following this finding:
While conducting a background check on John Doe for the ICHAP AmeriCorps Program, we received a hit. He has been arrested for Operating a Vehicle While Intoxicated (OWI). This does not make him ineligible for the program, but we do need to take appropriate steps to ensure safety for all. To do this, we ask that both the member and community partner he will be assigned to, are aware that this has come to our attention and that both communicate (in writing) that this will not hinder or affect the services being rendered. Please also address whether or not the member will be driving as part of his responsibilities.
Federal Corporation for National and Community Service policy explicitly exclude prospective members for the following reasons. If the individual:
All other offenses will be handled on an individual basis in conjunction with the site supervisor.
By signing this agreement, the Member acknowledges that he/she has read, understood, and agreed to all terms and conditions of this agreement.
This agreement must be signed by the member on or before the start date of service. If this agreement is signed by the member after the start date then the start date will be amended by the Program Coordinator to the signature date.
Program Manager Signature