Ineffective Rating Clause Samples
The Ineffective Rating clause defines the consequences and procedures that apply if a party's credit rating falls below a specified threshold or becomes invalid. Typically, this clause outlines the steps that must be taken, such as providing additional collateral, seeking a guarantor, or even triggering early termination rights for the counterparty. Its core practical function is to manage and mitigate credit risk by ensuring that parties maintain a minimum level of creditworthiness throughout the contract's duration.
Ineffective Rating. 1. If a member’s final rating (based solely on the evaluator’s rating and not including student growth measures or calculations including value-added data) is determined to be “Ineffective,” the member will not receive a step movement on the salary schedule for the following school year as a result of that evaluator’s rating. A member so rated may appeal such determination by filing an appeal to the Superintendent within ten (10) calendar days of her/his receipt of their final rating for that particular school year. Thereafter, the Superintendent will promptly convene a review committee comprised of two
Ineffective Rating. 1. If a member’s final rating (based solely on the evaluator’s rating and not including student growth measures or calculations including value-added data) is determined to be “Ineffective,” the member will not receive a step movement on the salary schedule for the following school year as a result of that evaluator’s rating. A member so rated may appeal such determination by filing an appeal to the Superintendent within ten (10) calendar days of her/his receipt of their final rating for that particular school year. Thereafter, the Superintendent will promptly convene a review committee comprised of two (2) designees appointed by him/her and two (2) representatives appointed by the Association President. One
(1) additional representative will be mutually agreed upon and selected by both the Superintendent and Association President for a total of five (5) committee members.
2. The review committee will meet and promptly review all relevant facts and documents and hear both the member, evaluator and any other necessary witness. The review committee will determine whether the evaluator’s rating was arbitrary, capricious or unreasonable. If the review committee determines by majority vote that the evaluator’s rating was arbitrary, capricious or unreasonable, the member shall receive his/her experience credit for the school year in question for steps and movement on the salary schedule for the following year, but the evaluator’s rating itself shall not be changed.
3. If the member is not satisfied with the decision of the review committee, the member, with concurrence of the Association, may appeal an adverse decision of the review committee by demanding final and binding arbitration of the dispute pursuant to Step IV of Section 12.3 of this Agreement within ten (10) calendar days of the committee’s decision. The arbitrator’s jurisdiction will be limited to determining whether the evaluator’s rating in question was arbitrary, capricious or unreasonable. If he/she determines the evaluator’s rating was either arbitrary, capricious or unreasonable the award shall give the member experience credit for a step movement on the salary schedule for the following school year, but the evaluator’s rating itself shall not be changed by the arbitrator.
Ineffective Rating. If an administrator is rated ineffective s/he shall not receive a step for the following year.