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Page 1: KY READY Corps Member Service Agreement/Handbook 2019-2020 · Office: 211 Stratton . Mail: CPO Stratton 250A . Richmond, KY 40475 (859) 622-3525 . julie.struck@eku.edu

6/2019

KY READY Corps Member Service

Agreement/Handbook 2019-2020

Page 2: KY READY Corps Member Service Agreement/Handbook 2019-2020 · Office: 211 Stratton . Mail: CPO Stratton 250A . Richmond, KY 40475 (859) 622-3525 . julie.struck@eku.edu

1 KY READY Corps Member Service Agreement/Handbook 2019-2020

September 2019 Welcome to KY READY Corps! This handbook has been prepared to assist you, the KY READY Corps Member, with your important role in this program. It has been designed to tell you more about AmeriCorps and the KY READY Corps program, answer questions you might have regarding goals and guidelines of the program, and guide you during your term of service. Please contact our staff anytime if you have questions or need assistance. KY READY Corps staff hope you have a wonderful service term. Julie Struck KY READY Corps Program Director College of Justice and Safety Eastern Kentucky University Office: 211 Stratton Mail: CPO Stratton 250A Richmond, KY 40475 (859) 622-3525 [email protected]

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2 KY READY Corps Member Service Agreement/Handbook 2019-2020

MEMBER SERVICE AGREEMENT/HANDBOOK TABLE OF CONTENTS Welcome………………………………………………………………………………………………………………………. 1

I. Purpose ………………………………………………….………………………………………………. 3 II. Overview of CNCS, Serve KY and AmeriCorps…………………………………………. 3 III. Overview of KY READY Corps…………………………………………………………………… 4

Organizational Chart ……………………………………………………………………………… 5-6 IV. Member Eligibility ………………………………….………………………………………………. 6 V. Member Position Description ……………………..………………………………………….. 6 VI. Terms of Service …………………………………….………………………………………………. 7

Recommended Monthly Service Hours ……………………………………… 7 Remote Service/Teleservice ……….……………………………………………… 7-8

VII. Additional Service Requirements ……………………………………………………………. 8 VIII. Benefits …………………………………………………………………………………………………. 8-11

Living Allowance ………………………………………………………………………… 9 Health Care/Childcare Coverage ………………………………………………… 9 Education Award ……………………………………………………………………….. 10 Loan Forbearance ………………………………………………………………………. 11 Student Loan Interest Payments ………………………………………………… 11

IX. Standards of Conduct …………………………………………………………………………….. 11-12 X. Violations Policies for Members ………….………………………………………………….. 12-13 XI. Release From Service …………………..…………………………………………………………. 13-16 XII. Site Supervisor Responsibilities ………………………………………………………………. 16-17 XIII. Member Prohibited Activities ………………………………………………………………... 17-20

Nonduplication and Nondisplacement ……………………………………….. 18 Fundraising by Members ……………………………………………………………. 19 Drug Free Workplace ………………………………………………………………….. 19 Civil Rights Requirements ……………………………………………………………. 20

XIV. Grievance Policies ………………..…………………………………………………………………. 20 XV. Member Contract ……………………………………………………………………………………. 24

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Member Service Agreement/Handbook

KY READY Corps Program Year: 2019-2020

I. PURPOSE The purpose of this Member Service Agreement is to delineate the terms, conditions, and rules of membership regarding the participation of ________________________ (hereafter called the “Member”) in the KY READY Corps AmeriCorps Program (hereafter called the “Program”). The Member understands that by participating in the Program, the Member does not become an employee of KY READY Corps. Any benefits received by the Member or allowances paid to the Member are paid and provided only by and to the extent of the terms of a grant provided through the Corporation for National and Community Service.

II. Overview of CNCS, Serve Kentucky and AmeriCorps

In 1993 the Corporation for National and Community Service (CNCS) was established to connect Americans of all ages and backgrounds with opportunities to give back to their communities and their nation. At its inception, CNCS was directed to manage three main programs: Senior Corps, AmeriCorps (incorporating VISTA, once a stand-alone program started in the 1960s to combat poverty, and the National Civilian Community Corps program) and Learn and Serve America.

Today CNCS serves millions of individuals of all ages and backgrounds help meet local needs through a wide array of service opportunities in six priority areas: disaster services, economic opportunity, education, environmental stewardship, healthy futures, and veterans and military families.

Overview of Serve Kentucky

Serve Kentucky manages all of Kentucky’s AmeriCorps national service programs. The commission is a statewide, bipartisan group of up to 25 members, appointed by the governor, with diverse service and volunteerism backgrounds. KCCVS, now Serve Kentucky, was created in 1994 to serve as a conduit for federal funds that support AmeriCorps programs in the commonwealth, encourage and recognize volunteerism and assist in service program development.

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Serve Kentucky funding is provided by CNCS and the Kentucky General Assembly.

What is AmeriCorps? AmeriCorps is a national service program that is similar to the Peace Corps. Citizens agree to serve a term of service for which they receive a modest living allowance and, after successfully completing service, they receive an educational award. There are AmeriCorps programs across the country meeting all kinds of community needs, ranging from tutoring children to refurbishing houses to helping communities and institutions become more prepared and resilient in case of an emergency. Besides GETTING THINGS DONE (the AmeriCorps motto), members also encourage citizens to give back something to their community.

AmeriCorps and KY READY Corps Program Goals Getting Things Done through direct, demonstrable service that helps solve community problems with an emphasis on foresight and an orientation to the future in solving problems. Strengthening Communities by bringing together Americans, specifically citizens of all ages and backgrounds from the Commonwealth of Kentucky, in the common effort to improve our communities. Encouraging Responsibility by enabling members to explore and exercise their responsibilities towards their communities, their families, and themselves. Expanding Opportunity by enhancing members’ educational opportunities, job experience, and life skills.

III. Overview of KY READY Corps

The Kentucky Students for disaster Readiness and Resiliency Corps (KY READY Corps) is an AmeriCorps program that aims to engage college students in support of local community readiness and resiliency initiatives with a focus on reducing social vulnerabilities to disasters.

Our AmeriCorps member serve through the KY READY Corps, funded by the Serve KY and the Corporation for National and Community Service (CNCS), a federal agency that helps millions of Americans improve the lives of their fellow citizens through service. In return for member service they will receive an education award and modest living allowance.

KY READY Corps Values: • Support local community disaster readiness and resiliency initiatives with a focus

on reducing social vulnerabilities to disasters;

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• Strengthen the readiness of target groups (youth/young adults, people with disabilities and other special needs, and persons with limited English literacy or proficiency) and the capacity of the institutions serving them; and

• Build “bridges between individuals and institutions to achieve disaster resilience.

Role of KY READY Corps Members: • Each member will serve part-time in either 300, 450 or 1200 service slots. • Members receive a monthly living allowance intended to help sustain them while

they are committed to community service. Members are not employees. • Members are placed at sites serving youth/young adults, people with

disabilities/special needs, and people with limited English literacy/proficiency. • Members will design and/or be engaged in a variety of direct service and

capacity building activities based on the disaster preparedness and resiliency needs of the host organization or institution.

ORGANIZATIONAL CHART

Corporation for National and Community Service

Serve KY

KY READY Corps Program

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IV. MEMBER ELIGIBILITY

Members must: • Be a citizen, national, or lawful permanent resident alien of the United States; • Be at least 18 years of age at the commencement of service; • Have obtained a high school diploma or its equivalent (or agrees to obtain a high

school diploma or its equivalent before using an Education Award); • Have satisfied the National Service Criminal History Check eligibility criteria

pursuant to 45 CFR 2540.202. • Have earned 18 or more hours of credit at an institution of higher education

within the Commonwealth of Kentucky; • Have taken or is currently taking college level courses, or be a recent graduate of

a college level program applicable to the mission of KY READY Corps service and program focus on emergency and disaster preparedness, recovery and response for vulnerable populations. Areas of additional member experience and interest could include education, social work/services, social justice, foreign language and public health.

The Member must satisfactorily pass the required criminal history checks to serve. If circumstances warrant another check within the program year, the Member must also pass that check to remain in the Program. Failure to pass that check is grounds for terminated for cause.

V. MEMBER POSITION DESCRIPTION

Please see the KY READY Corps Member Position Description included in the orientation folder. Member duties vary with the service site placement, reflective of the special project and mission of the organization in which the members serve, and will be outlined in the Work Plan completed as part of an on-site orientation during the first week-ten days of member service.

KY READY Corps Site/Site Supervisor

AmeriCorps Members

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VI. TERMS OF SERVICE

The Member’s term of service begins ______________________ and ends on ____________________ . Term of service is specified in the Member Contract, a signed copy of which is at the end of this document. A signed copy is kept in the member’s file. The Program and the Member may agree to alter (extend or change) this term of service, in writing, for the following reasons:

• The Member’s service has been suspended; • The Member’s service has been terminated, but a grievance procedure has

resulted in reinstatement; or • The Program deems alteration necessary within reason and with notification to

the Member. The Member will complete a minimum of either 300, 450 or 1200 service hours, as specified in the Member Contract. The Member must successfully complete the agreed upon term of service hours to be eligible for the Education Award. Members and KY READY Corp program staff track earned service hours on OnCorps, the KY READY Corps Program time keeping and report generating online system. To be eligible to serve a second term of service the Member must receive satisfactory performance for any previous terms of service. Eligibility for an additional term of service does not guarantee selection or placement.

REMOTE AND TELESERVICE

It is understood that KY READY Corps members may engage in preapproved, site supervisor assigned off site (remote) service activities that directly benefit the project, its clients or the agencies and communities for which they serve. These preapproved activities are outlined in the Work Plan finalized during the KY READY Corps member’s first week of service. Teleservice is service hours in which the member is engaged in preapproved activities at locations other than the site or the site of prescribed agencies or organizations (i.e. at home) because of severe weather, site closure due to illness, and/or there is no other space such as an outreach office for the member to serve while the site is closed. Teleservice must be pre-approved in writing by the site supervisor. The member must produce and maintain work product completed during teleservice. Examples may include but are not limited to activity and phone logs, sign-in sheets, notes,

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drafts or lesson plans. Members may NOT be requested to participate in prohibited activities or activities similar to those outlined in the Service Site Agreement and the Site Supervisor Handbook. Partner sites that place inappropriate activity requests on their members may be removed as a partner site. Off-site activities must align with the grant and be of benefit to the host site, its beneficiaries and the community where applicable.

VII. ADDITIONAL SERVICE REQUIREMENTS

Required Program Training Member participation is mandatory and members must be released from the site to attend the following trainings and Days of Service: • Annual AmeriCorps Launch, October • National Days of Service (September 11 remembrance events and MLK Day) • One member training/events sponsored by Serve KY • A maximum of one training/event per service semester by the KY READY Corps

Program • KY READY Corps program orientation, including:

o CNCS Disaster Services Online eCourse https://www.nationalservice.gov/resources/disaster-services/cncs-disaster-services-online-orientation

o Specific FEMA Independent Study Courses, updated list provided at member orientation: https://training.fema.gov/is/crslist.aspx.

o Self-chosen FEMA PrepTalks, with reflection summaries An excuse letter for these CNCS/AmeriCorps/Serve KY and KY READY Corps Program events is available to members from program staff.

Dress Members must wear AmeriCorps branded attire during all service hours, and adhere to any dress code requirements at their service site.

VIII. BENEFITS

In order to receive any of the following benefits, the Member must complete a profile and enrollment form on My AmeriCorps (https://my.americorps.gov/mp/recruit/registration.do) prior to serving. Member must also complete an Exit Form on My AmeriCorps within 30 days of their last day of service.

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Living Allowance The KY READY Corps living allowance is administered and delivered by Eastern Kentucky University’s Human Resources Office and Payroll. Any issues or concerns about receipt of your living allowance must be addressed directly to personnel in HR or Payroll. See contact information sheet in your folder for numbers to call for assistance. • A living allowance amount indicated in the Member Contract will be disbursed by

the Program (via EKU’s Human Resources and Payroll Departments) during the term of service for the Member’s participation in AmeriCorps.

• The living allowance is taxable income. • The living allowance is not an hourly wage or a salary. The Member is not an

employee of the Program. • The Member must satisfactorily complete the hours as documented in member

timesheets. • The Member must serve for at least 20 hours per week (300 hour slot), at least

12 hours per week (450 hour slot) OR at least 23 hours per week (1200 hour slot) in order to receive their living allowance.

• The Member will receive the same prorated amount of living allowance, per the member contract at the end of this document, for each period, regardless of the number of hours served during that period. Payments will be made two (2) time(s) a month on or around the 15th and last day of the month.

• If on suspension in the Corporation for National and Community Services’ AmeriCorps Portal, the Member will not be paid. If member is reinstated, the remaining living allowance will continue to be equally distributed twice per month until the end date of the reinstatement.

• If a member leaves service early or completes hours and doesn’t continue to serve until their service end date, they forfeit any remaining living allowance distributions.

• If called for jury duty, the Member will continue to accrue normal service hours and receive the living allowance.

• Members with military reservist responsibilities should attempt to fulfill their two-week annual active duty requirement when it will not disrupt their AmeriCorps service. If this is not possible, Members will receive AmeriCorps service hour credit during their two-weeks of active duty in the reserves. (No AmeriCorps service credit is earned for the once-a-month duty weekend service in the military reserves.) Benefits, such as the living allowance, will continue uninterrupted during the two-week active duty requirement.

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Healthcare Coverage No healthcare coverage is provided with KY READY Corps positions because the positions referred to in this agreement are part-time.

Childcare Coverage No childcare coverage is provided with KY READY Corps positions because the positions referred to in this agreement are part-time.

Education Award Upon successful completion of the Member’s term of service, provided the Member has completed Exit tasks and paperwork, the Member will receive an Education Award from the National Service Trust in the amount of $1,289 (300 hours), $1,612 (450 hours) OR $4,266 (1200 hours) service term. The Education Award can be used toward:

• The cost of attending a Title IV institution of higher education. • The balance on an existing federally insured student loan. • The cost of attending a qualified vocational school. • The cost of participating in an approved school-to-work program.

The Member must use the Education Award within seven years of the completion of the AmeriCorps service. The Member may apply to the National Service Trust for an extension if, during the seven-year period, the Member performs another term of service of an approved AmeriCorps position or was unavoidably prevented from using the award.

• Education Awards are subject to income taxes in the year in which they are used. • 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 him/her ineligible to receive the education award.

• Prior to using the Education Award, the Member must (if he/she has not already done so) obtain a high school diploma or its equivalent. This requirement may be waived if the Member is enrolled in an institution of higher education on an ability to benefit basis or if the program waives the requirement due to the result of the Member’s education assessment.

• The Member may be eligible for a prorated Education Award if the Member is released due to compelling personal circumstances and has completed at least 15% of their total hours of service. If the Member is released without a compelling reason, the Member will receive no portion of the Education Award.

• A Member may only earn an equivalent of two full-time education awards in

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his/her lifetime, regardless of the length of the term of service. • The Education Award is transferable under the following conditions:

o The Member must have been at least 55 years of age in an AmeriCorps State or National Program when he or she began the term of service.

o The recipient of the award has to be the transferring individual’s child, stepchild, foster child, grandchild, or step-grandchild.

o A transferred award must be used within ten years of the date it was earned.

Loan Forbearance The Member is eligible to have the repayment of certain student loans postponed during their term of service. Members must request forbearance from their loan holders with the National Service Forbearance Request Form in the member’s online My AmeriCorps account. The National Service Trust does not grant forbearances; the loan holders do. Members whose loans are in current default status are not eligible for this benefit. Student Loan Interest Payments If the Member has received forbearance on a qualified student loan during the term of service, upon completion, the National Service Trust will repay a portion or all of the interest that accrued on the loan during the term of service. Payment requests can be made in the member’s online My AmeriCorps account. However, if the Member leaves for non-compelling reasons, even if the loan was in forbearance, the Trust will not pay the interest. The interest paid will be taxed as income.

IX. STANDARDS OF CONDUCT

The Member is expected to, at all times while acting in an official capacity as an AmeriCorps Member:

• Demonstrate mutual respect towards others; • Exhibit professionalism and strive for excellence; • Follow the directions of the AmeriCorps Program; • Have a neat and clean appearance and wear attire appropriate for the service

site and activity. When on AmeriCorps time, the Member should wear one or more pieces of service gear. Wearing AmeriCorps apparel is especially important during community service projects or public events;

• Conduct himself or herself in a manner exemplary as a role model to youth and others and in compliance with AmeriCorps standards;

• Direct concerns, problems, and suggestions to the Program; • Keep the Program informed of his/her schedule and activities during service

hours and report changes in a timely manner so the appropriate action can be

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taken to cover or reschedule activities; and • Keep proprietary information strictly confidential, consistent with state and

federal laws.

The Member understands that the following acts constitute a violation of the Program’s rules of conduct:

• Unauthorized tardiness; • Unauthorized absences; • Ingesting or being under the influence of alcoholic beverages, marijuana, or any

illegal drugs during the performance of service activities; • Repeated use of inappropriate language (i.e. profanity) while in service; • Failure to wear appropriate clothing at service site and when participating in

service assignments; • Performing personal business, such as making excessive phone calls, running

errands, or using personal social media during AmeriCorps service hours; • Stealing, lying, or falsifying AmeriCorps reports; • Inappropriate or unprofessional behavior; • Destroying or defacing any Program property or service site property; • Refusing to follow instructions; • Failure to notify the Program of any criminal arrest or conviction that occurs

during the term of service; • Assault on another person while on service assignment or off duty; • Possession of a weapon while on service assignment; • Failure to follow the rules and regulations set in this contract; and • Falsifying critical information (especially information related to eligibility) during

the application process or during the term of service.

X. VIOLATIONS POLICIES FOR KY READY CORPS MEMBERS At the onset of any problem or concern at the site, it is the Site Supervisor’s responsibility to immediately contact the KY READY Corps Program Director to discuss concerns.

Improper conduct includes, but is not limited to, a violation of the program’s Rules of Conduct as well as any behavior that affects a member’s ability to perform the service assignment or that is not in the best interest of the sponsoring organization (site) or its project. Violations will be subject to review by the site supervisor as well as the KY READY Corps Program Director, and disciplinary action may be taken, including termination of service.

When a Member performance or Code of Conduct issue arises, the program will follow the policies and steps listed in this section, below. Interventions include but are not limited to assignment of additional on-site training, on-site adjustments to the Work Plan, or help from additional site staff until the site supervisor determines the issue resolved, or it is in the best

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interests of the site and organization to release the Member. If the Member is released early from a site assignment, the Program Director will use discretion in determining Member reassignment, temporary suspension, or exit for cause.

Violations will result in the following (except in cases where during the term of service the member is charged with or convicted of a violent felony, possession, sale or distribution of a controlled substance, for which the member will be immediately terminated from the KY READY Corps program):

Level 1: First offense, verbal warning from the Program Director. Warning will be documented in the member’s file. Member and Site Supervisor will be notified.

Level 2: Second offense, written warning from the Program Director. The KY READY Corps Program Director will meet with the KY READY Corps member and Site Supervisor. A Level 2 warning will state that a Level 3 warning will result in the AmeriCorps member’s release from service. The Level 2 warning will be documented in the member’s file.

Level 3: A written warning and the member will be released from the program. The Level 3 violation will be documented in the member’s file.

For the following offenses the member may receive a warning or be terminated from the program, depending upon the severity of the circumstance. A criminal conviction is not required for termination to occur:

• Violating any rules governing CNCS Prohibited Activities listed in this document; • Failure to notify the Program director of any arrest or conviction; • Behaving in an unprofessional manner at program site(s) and/or program activities,

training, and/or state training activities; • Being convicted under the Drug-Free Workplace Act • Ingesting or being under the influence of alcoholic beverages, marijuana, or any

illegal drugs during the performance of service activities • Stealing, lying or falsifying on any AmeriCorps reports

XI. RELEASE FROM SERVICE

45 CFR §2522.230: Under what circumstances may an AmeriCorps participant be released from completing a term of service, and what are the consequences? An AmeriCorps program may release a participant from completing a term of service for compelling personal circumstances, as determined by the program, or for cause. (a) Release for compelling personal circumstance.

1) An AmeriCorps program may release a participant upon a determination by the

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program, consistent with the criteria listed in paragraphs (a)6) and (a)7) of this section, that the participant is unable to complete the term of service because of compelling personal circumstances, if the participant has otherwise performed satisfactorily and has completed at least fifteen percent of the agreed term of service.

2) A participant who is released for compelling personal circumstances and who completes at least 15 percent of the required term of service is eligible for a pro-rated education award.

3) The program must document the basis for any determination that compelling personal circumstances prevent a participant from completing a term of service.

4) Compelling personal circumstances include: i. Those that are beyond the participant's control, such as, but not limited

to: A. A participant's disability or serious illness; B. Disability, serious illness, or death of a participant's family

member if this makes completing a term unreasonably difficult or impossible; or

C. Conditions attributable to the program or otherwise unforeseeable and beyond the participant's control, such as a natural disaster, a strike, relocation of a spouse, or the nonrenewal or premature closing of a project or program, that make completing a term unreasonably difficult or impossible;

ii. Those that the Corporation, has for public policy reasons, determined as such, including:

A. Military service obligations; B. Acceptance by a participant of an opportunity to make the

transition from welfare to work; or C. Acceptance of an employment opportunity by a participant

serving in a program that includes in its approved objectives the promotion of employment among its participants.

5) Compelling personal circumstances do not include leaving a program: i. To enroll in school;

ii. To obtain employment, other than in moving from welfare to work or in leaving a program that includes in its approved objectives the promotion of employment among its participants; or

iii. Because of dissatisfaction with the program. 6) As an alternative to releasing a participant, an AmeriCorps*State/National

program may, after determining that compelling personal circumstances exist, suspend the participant's term of service for up to two years (or longer if approved by the Corporation based on extenuating circumstances) to allow the participant to complete service with the same or similar AmeriCorps program at

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a later time.

(b) Release for cause. 1) A release for cause encompasses any circumstances other than compelling

personal circumstances that warrant an individual's release from completing a term of service.

2) AmeriCorps programs must release for cause any participant who is convicted of a felony or the sale or distribution of a controlled substance during a term of service.

3) A participant who is released for cause may not receive any portion of the AmeriCorps education award or any other payment from the National Service Trust.

4) An individual who is released for cause must disclose that fact in any subsequent applications to participate in an AmeriCorps program. Failure to do so disqualifies the individual for an education award, regardless of whether the individual completes a term of service.

5) An AmeriCorps*State/National participant released for cause may contest the program's decision by filing a grievance. Pending the resolution of a grievance procedure filed by an individual to contest a determination by a program to release the individual for cause, the individual's service is considered to be suspended. For this type of grievance, a program may not—while the grievance is pending or as part of its resolution—provide a participant with federally-funded benefits (including payments from the National Service Trust) beyond those attributable to service actually performed, without the program receiving written approval from the Corporation.

6) An individual's eligibility for a subsequent term of service in AmeriCorps will not be affected by release for cause from a prior term of service so long as the individual received a satisfactory end-of-term performance review as described in §2522.220(c)(2) for the period served in the prior term.

7) Except as provided in paragraph (e) of this section, a term of service from which an individual is released for cause counts as one of the terms of service described in §2522.235 for which an individual may receive the benefits described in §§2522.240 through 2522.250.

(c) Suspended service. 1) A program must suspend the service of an individual who faces an official charge

of a violent felony (e.g., rape, homicide) or sale or distribution of a controlled substance.

2) A program must suspend the service of an individual who is convicted of possession of a controlled substance.

3) An individual may not receive a living allowance or other benefits, and may not

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accrue service hours, during a period of suspension under this provision.

(d) Reinstatement. 1) A program may reinstate an individual whose service was suspended under

paragraph (c)1) of this section if the individual is found not guilty or if the charge is dismissed.

2) A program may reinstate an individual whose service was suspended under paragraph (c)2) of this section only if the individual demonstrates the following:

i. For an individual who has been convicted of a first offense of the possession of a controlled substance, the individual must have enrolled in a drug rehabilitation program;

ii. For an individual who has been convicted for more than one offense of the possession of a controlled substance, the individual must have successfully completed a drug rehabilitation program.

(e) Release prior to serving 15 percent of a term of service. If a participant is released for reasons other than misconduct prior to completing 15 percent of a term of service, the term will not be considered one of the terms of service described in §2522.220(b) for which an individual may receive the benefits described in §§2522.240 through 2522.250.

XII. SITE SUPERVISOR RESPONSIBILITIES • Provide AmeriCorps Member(s) access to communications devices while they are

serving on site (computer, telephone, etc.) and other tools necessary for regular communication with KY READY Corps staff, as well as equipment and space necessary to successfully perform site tasks;

• Reimburse the AmeriCorps member for all travel cost incurred at the request of the service site according to service site policy; and

• Provide service site orientation and training as needed; • Provide KY READY Corps staff and member with a specific Assignment

Description within the first week of member service and ensure that AmeriCorps member(s) only provide service activities as per that document;

• Ensure your member does not perform any AmeriCorps Prohibited Activities listed in this document;

• Schedule sufficient time for the member to serve their required hours; • Track and approve members hours of service via the time sheet interface; • Approve member(s) teleservice (service off site when necessary), as well as

member(s) written work plan while teleserving; • Assist and support member in collecting required data;

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• Meet with your member(s) weekly to provide them with the mentoring, skill development, supervision, day-to-day scheduling, resources, assistance and guidance necessary to fulfill the requirements of the position;

• Be accessible to the KY READY Corps member(s) for day to day questions; • Establish safety guidelines that ensure the well-being of the AmeriCorps

members. Ensure that member receives adequate information on site safety and organization’s safety policies and procedures;

• Participate in the AmeriCorps performance evaluation process at least once per member term of service by documenting on the evaluation form provided by KY READY Corps staff;

• Assist the member in identifying and achieving personal goals; • Support KY READY Corps and AmeriCorps by allowing the member to wear

AmeriCorps gear and to follow AmeriCorps guidelines and directives, including required reporting;

• Allow members to attend required training, recognition and service projects with Serve KY or CNCS;

• Participate in site visits with KY READY Corps staff; and • Immediately communicate problems that arise with the AmeriCorps member to

the KY READY Corps Program Director.

XIII. MEMBER PROHIBITED ACTIVITIES 45CFR § 2520.65: While charging time to the AmeriCorps program, members accumulating service or training hours, or otherwise performing activities supported by the AmeriCorps program or the Corporation, staff and members may not engage in the following activities, and the grantee may not use grant funds to support the following activities: 1) Attempting to influence legislation; 2) Organizing or engaging in protests, petitions, boycotts, or strikes; 3) Assisting, promoting, or deterring union organizing; 4) Impairing existing contracts for services or collective bargaining agreements; 5) Engaging in partisan political activities, or other activities designed to influence the

outcome of an election to any public office; 6) Participating in, or endorsing, events or activities that are likely to include advocacy for

or against political parties, political platforms, political candidates, proposed legislation, or elected officials;

7) Engaging in religious instruction, conducting 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;

8) Providing a direct benefit to— i. A business organized for profit;

ii. A labor union;

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iii. A partisan political organization; iv. A nonprofit organization that fails to comply with the restrictions contained in

section 501(c)(3) of the Internal Revenue Code of 1986 related to engaging in political activities or substantial amount of lobbying except that nothing in these 9 provisions shall be construed to prevent participants from engaging in advocacy activities undertaken at their own initiative; and

v. An organization engaged in the religious activities described in paragraph (g.) above, unless CNCS assistance is not used to support those religious activities; and

9) Conducting a voter registration drive or using CNCS funds to conduct a voter registration drive;

10) Providing abortion services or referrals for receipt of such services; and 11) Such other activities as CNCS 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. NONDUPLICATION AND NONDISPLACEMENT 45CFR § 2540.100(e)-(f): (e) Nonduplication. Corporation assistance 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, Corporation 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. (f) Nondisplacement.

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 Corporation assistance.

2) An organization may not displace a volunteer by using a participant in a program receiving Corporation 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 Corporation 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

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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. FUNDRAISING BY MEMBERS 45CFR § 2520.40: Under what circumstances may AmeriCorps members in my program raise resources? 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: 1) Raise funds for living allowances or for an organization's general (as opposed to project)

operating expenses or endowment; 2) Write a grant application to the Corporation or to any other Federal agency.

45CFR § 2520.45: How much time may an AmeriCorps member spend fundraising? An AmeriCorps member may spend no more than ten percent of his or her originally agreed-upon term of service, as reflected in the member enrollment in the National Service Trust, performing fundraising activities, as described in §2520.40. DRUG-FREE WORKPLACE Members will be expected to adhere to all provisions of service in a drug-free workplace in accordance with the Drug-Free Workplace Act, 41 U.S.C. 701 et seq.

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You are hereby notified that:

• The unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance is prohibited while serving as an AmeriCorps Member.

• As a condition of AmeriCorps service, the Member must abide by the terms of this prohibition and must notify the Program Director of any conviction under a criminal drug statute no later than five days after such a conviction.

• Specific actions will be taken against members for violations of this prohibition, including personnel actions up to and including termination, and/or the requirement to satisfactorily participate in a drug abuse assistance or rehabilitation program.

CIVIL RIGHTS REQUIREMENTS CNCS prohibits all forms of discrimination based upon race, color, national origin, gender, age, religion, sexual orientation, disability, substance abuse disorders, gender identity or expression, political affiliation, marital or parental status, or military service. 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:

John W. Dixon, J.D. Director, Office of Equity and Inclusion Jones Bldg., Room 416 Richmond, KY 40475 Phone: (859) 622-8221 Email: [email protected]

or Office of Civil Right and Inclusiveness Corporation for National and Community Service 1201 New York Avenue, NW Washington, DC 20525 (800) 833-3722 (TTY and reasonable accommodation line) (202) 565-3465 (FAX); [email protected]

XIV. GRIEVANCE POLICIES General Procedures

Members aggrieved by an incident(s) which occurred in conjunction with their KY READY Corps service may avail themselves of the University Staff Grievance Policy. In accordance with 42U.S.C 12636 and 45 C.F.R. 2540.230, state and local applicants that receive assistance from the Corporation for National and Community Service, herein named The Corporation, must establish and maintain procedures for the filing and adjudication of

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grievances from participants, labor organizations, and other interested individuals concerning programs that receive assistance from the Corporation. In general, aggrieved parties are encouraged to document their specific concerns and requested remedies in writing whenever seeking relief in a matter of concern or dissatisfaction relating to an AmeriCorps Program, herein referred to as the Program, issues, such as assignments, evaluations, suspension, or release of cause. A grievance is made no later than one year after the alleged occurrence (Except for fraud and criminal and criminal activity, see Section E.2. for information regarding such occurrences). For Kentucky AmeriCorps Programs operating under Serve Kentucky, the Kentucky state service commission, the following grievance procedure should be followed when handling such grievances (Step 1 is an informal resolution):

A. Step 1: Preliminary Complaint Resolution (PCR). As a preliminary first step, an aggrieved party should, if at all possible, address the concern directly with the KY READY Corps Program Director or Supervisor in question, either through an immediate supervisor (if the aggrieved party is an AmeriCorps member) or with the program director or similar program authority (if aggrieved party is not an AmeriCorps member or if the direct supervisor is involved in the concern). Together, the Program representative and the aggrieved party should first attempt to resolve the complaint through informal discussion and negotiation in alignment with the AmeriCorps program’s standard written policies for resolving complaints and concerns.

o Timeline: Immediate (as soon as possible and ideally within 30 days of the occurrence to allow time for informal resolution before ADR would need to be initiated).

B. Step 2: Alternative Dispute Resolution (ADR). If resolution is not achieved through Step 1

(Informal Resolution), the aggrieved party may then seek resolution through Alternative Dispute Resolution, which requires facilitated mediation and negotiation. ADR mediation proceedings must be aided by a neutral party who, with respect to an issue in controversy, functions specifically to aid the parties in resolving the matter through a mutually achieved and acceptable written agreement. The neutral party may not compel a resolution, and the proceedings are informal where the rules of evidence do not apply. At the initial session of dispute resolution proceedings, the aggrieved party must be advised in writing of the right to file a grievance and the right to arbitration. If the matter is resolved, the terms of the resolution are recorded in a written agreement, and the party agrees to forego filing any further grievance on the matter under consideration. With the exception of a written agreement, the proceedings are confidential.

o Timeline: ADR must be initiated within 45 days of the alleged occurrence. If matter is not resolved within 30 calendar days from the date the informal dispute resolution process began, the aggrieved party must be informed in writing of the right to file a formal grievance.

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C. Step 3: Formal Grievance Filing and Hearing. If resolution is not possible through Step 2 (ADR) and the matter is not resolved within 30 calendar days from the date that the Alternative Dispute Resolution process began, the neutral party must again inform the aggrieving party of his or her right to file a formal grievance. In the event an aggrieved party files a grievance, the neutral party from ADR may not participate in the formal complaint process. Therefore, the Program will appoint a different neutral party to oversee the Grievance Hearing process. In addition, no communication or proceedings of the informal dispute resolution process may be referred to or introduced into evidence at the grievance and arbitration hearing. Any decision by the neutral party is advisory and is not binding unless both parties agree.

o Timeline: Grievance must be filed no later than one year after the alleged occurrence (except for fraud and criminal activity). The grievance hearing must be conducted no later 30 calendar days after the filing. A decision is made no later than 60 calendar days after the filing.

D. Step 4: Binding Arbitration: If the parties mutually agree, in writing, the final step of Binding Arbitration may be available to the affected party to the extent permitted by applicable law and only if a grievance hearing decision is adverse or if no decision is made within 60 days of the filing of the initial grievance. If the parties agree, in writing, a qualified arbitrator will be used who is jointly selected and independent of the interested parties. The Corporation’s CEO will appoint an arbitrator if the parties cannot agree on an arbitrator within 15 calendar days after receiving a request from either party. The cost of arbitration is divided evenly between the parties to the arbitration. If the participant, labor organization, or other interested individual prevails during arbitration, then the grantee pays the total cost of the proceeding.

E. Other Important Information:

1. If the grievance is regarding a proposed participant placement, the placement is not to be made unless it is consistent with the resolution of the grievance.

2. If the grievance alleges fraud or criminal activity, it must immediately be brought to the attention of the Corporation’s Office of Inspector General. Visit www.cncsoig.gov or call the OIG hotline at (800) 452-8210.

3. Parties involved in a grievance are encouraged to inform the Serve KY Program Officer assigned to the AmeriCorps program in question. Other Serve KY staff may assist in navigating the grievance procedures. A list of Serve KY staff may be found at http://chfs.ky.gov/dfrcvs/kccvs/about.htm

4. Please note that this procedure is in compliance with federal regulation as promulgated by the Corporation. However, the Program may employ additional procedures as outlined by their respective fiscal agent, or parent organization that administers the AmeriCorps grant. It is also important to note that while the aforementioned Program may have additional procedures in place they are not permitted to alter the Corporation’s timeline or process. In such situations as the aggrieved feels this has occurred, please contact the Serve Kentucky Program Officer (as identified in the link provided in E. 4.

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KY READY CORPS MEMBER CONTRACT This is an agreement, entered into ______________________________________(date) by and between the KY READY Corps Program and the Member _________________________________. Minimum Qualifications ______(please initial after reading)

• The member certifies that he/she is a United States citizen, a United States national, or a lawful permanent resident and at least 18 years of age.

• The member certifies that he/she is a high school graduate from ___________________(name of institution) in ________(date).

• The member certifies that he/she has earned 18 or more college credits at the date of this contract.

Term of Service ______(please initial after reading)

• The member will complete ________hours of service, beginning _________________and ending ____________________.

• The member understands that he/she may be eligible for serving a second – fourth term, but the program is under no obligation to provide the member with additional service terms. Additional terms are contingent upon placement, funding as well as performance per standard evaluations.

Benefits – See pages 8-11 of the Member Handbook for details. _____(please initial after reading)

• Members serving ____ hours will receive a taxable living allowance of _______. The Member will receive the same prorated amount of living allowance for each period, regardless of the number of hours served during that period. Payments will be made two (2) time(s) a month on or around the 15th and last day of the month. Please contact EKU Human Resources at (859) 622-3467 for any questions or concerns about receipt of your living allowance.

• Upon successful completion of the Member’s term of service, the Member will receive an Education Award from the National Service Trust in the amount of _________ for ________ hours of service.

• Because the member is serving part-time, the member is not eligible for medical insurance or childcare coverage.

Member Required Training/Events/Days of Service ___(please initial after reading)

• I understand and agree to required attendance the KY READY Corps, Serve KY, and/or CNCS sponsored trainings, events and Days of Service as outlined in the Member Handbook, as they pertain to my Term of Service, and have access to an excuse letter from the Program if I require one.

Voting_____ (please initial after reading)

KY READY Corps wishes to inform each member of their right to vote and encourage them to do so. KY READY Corps will not require members to register or to vote, or attempt to influence

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how members vote. Members may NOT count hours to vote Armed Forces Reserves _____ (please initial after reading)

Generally, the Reserves of the U.S. Army, U.S. Navy, U.S. Air Force, U.S. Marine Corps, U.S. Coast Guard, the Army National Guard and the Air National Guard require reservists to serve one weekend a month plus 12 to 15 days a year (hereafter referred to as the two-week active duty service). If members have a choice of when to fulfill their annual two-week active duty requirement, they should do so when it will not disrupt their AmeriCorps service. In instances where the dates of active duty are inflexible and conflict with granted AmeriCorps service, members should be granted a leave of absence for the two-week period of active duty service in the Reserves. Members may not receive time-off for additional Reserves-related service beyond the two-week active duty service. No AmeriCorps service credit is earned for the once-a-month weekend service in the Reserves. Members will receive credit for AmeriCorps service hours during their two weeks of active duty service in the Reserves if it occurs during their AmeriCorps service. The member will receive credit for the number of hours he or she would have served during that period had there been no interruption.

Jury Duty _____ (please initial after reading) Serving on a jury is an important responsibility of citizenship. To strengthen the spirit of citizenship, members are encouraged to serve jury duty and will not be penalized for doing so. During the time members serve as jurors, they will continue to accrue their normal service hours and to receive their living allowance and health benefits. They may also keep reimbursements for incidental expenses received from the court.

Medical Insurance _____ (please initial after reading)

As a part-time AmeriCorps KY READY Corps member, I do not qualify for medical insurance. Child Care _____ (please initial after reading)

Childcare eligibility is based on full time service. As a part-time AmeriCorps KY READY Corps member, I do not qualify for childcare benefits.

AUTHORIZATION

The Member and Program hereby acknowledge by their signatures that they have read, understand, and agree to all terms and conditions of this agreement.

AmeriCorps Member Signature Print Name Date AmeriCorps Program Director Signature Print Name Date