2.
3.
DURATION. This appointment is for a definite term as set forth in the Contract
Addendum, as extended or earlier terminated in accordance with this Contract (Term).
Except as set forth herein, the appointment shall terminate automatically on the
Page 1
termination date unless terminated earlier pursuant to the terms of this Contract. Should
this Contract be extended, it shall terminate automatically upon the expiration date of the
extension. In addition, this appointment or any extension thereof may be terminated in
accordance with Paragraphs 9, 10, 11, or 12 of this Contract.
4.
5.
Page 2
(b)
(c)
SICK LEAVE
Coach shall be entitled to sick leave for absence due to illness as set forth in
Paragraph 6 and the Contract Addendum Paragraph 7. In addition, the Director of
Intercollegiate Athletics may grant leave to Coach with or without pay for other
reasons, including illness.
(d)
6.
PPSM Policy 80
PPSM Policy 82
General Provisions
Absence from Work Policy
General Leave Provisions
Sick Leaves
Leaves Related to Life Events
Holidays
Contract Position (definition only)
Nondiscrimination in Employment
Investigatory Leave
Termination of Career Employees
Section B. Notice and Decision only
Complaint Resolution (issuance date 07/01/2012): only for
complaints alleging discrimination and/or termination under
Paragraph 9 of this Contract; only Sections II (Definitions),
III.D (Timeliness), III.E (Appeal), III.I (Failure to Participate),
III.K (Review ProcessMSP, III.L (Remedy), and III.N
(Retaliation) apply, and only to the extent those Sections are
applicable to MSP employees (regardless of Coachs MSP
grade), except that Step III fact-finding shall not be available
for medical separation.
Staff Personnel Records
Conflicts of Interest
Page 3
No other PPSM Personnel Policies shall apply. PPSM Personnel Policies may change
from time to time. Any changes to policies referenced above shall be applicable to Coach
and shall be incorporated into this Contract. General policies and regulations that are
applicable to all University employees shall be applicable to Coach. This specifically
includes the following:
Coach acknowledges that effective January 8, 2014 and pursuant to Penal Code section
11165.7 the Coach is a mandated reporter of suspected child abuse or neglect as to abuse
or neglect occurring on University premises or at an official activity of, or program
conducted by, the University. Coach agrees to sign the University's acknowledgement
form, as required pursuant to Penal Code section 11166.5, prior to commencing
employment with the University.
7.
8.
Coachs affiliation with University (Coach Agreements). During the Term, Coach
shall not enter into any such Coach Agreements except in accordance with this Section.
If such contracts are determined to be desirable by the University, at its sole discretion,
the University has the option to decide to execute such contracts.
Notwithstanding the foregoing, Coach may enter into Coach Agreements with the
advance written approval of the Director of Intercollegiate Athletics and shall annually
report in writing any income from sources outside the University related to Coachs
affiliation with University or status as coach for University (including income from nonUniversity sport camps, income from annuities, housing benefits, ticket sales, radio,
television and other media programs of any kind) through the Director of Intercollegiate
Athletics to the Chancellor.
Coach shall neither participate in, nor allow Coachs name or likeness to be used in
connection with, any commercial activity without prior written consent from the Director
of Intercollegiate Athletics. Commercial activity, shall include any appearance by
Coach off the field of play, either in person or on radio or television, or the preparation
by Coach of any news story or article for publication by any newspaper or periodical,
irrespective of whether Coach receives any financial remuneration.
The appointee may supervise a sports camp, subject to approval by the Director.
Additional compensation for a camp or program will be negotiated separately and paid by
stipend.
9.
b.
c.
d.
Failure to properly represent the University and the Universitys athletic programs
in private and public forums, including by the commission of, participation in, or
condoning of any act, situation or occurrence that, in Universitys judgment,
brings Coach or the University into public disrepute, embarrassment, contempt,
scandal or ridicule. This subsection encompasses findings or determinations of
violations during the Term at any institution of higher education.
e.
f.
g.
h.
Discipline under this Paragraph 9 may subject Coach to penalties including public or
private reprimand, monetary fines, adjustments in compensation, suspension with or
without pay, or termination, as determined by the Director of Intercollegiate Athletics.
Coach is hereby notified that in addition to the actions University may take in accordance
with this Contract, Coach is also subject to disciplinary and corrective action by the
NCAA if Coach is found by the NCAA or University to be in violation of NCAA
Bylaws.
In the event Coach is to be terminated pursuant to this Paragraph 9, Coach is entitled to
notice and complaint resolution rights as delineated in Paragraph 6 above. If Coach is
terminated pursuant to this Paragraph 9, no further payment or benefits shall be made to
Coach; provided that University has the discretion to pay to Coach all or part of earned
compensation, including performance based compensation, earned as of the effective date
of termination, taking into account Coachs compliance with the obligations set forth in
the Contract, including Paragraphs 2 and 7 thereof. If Coach is terminated pursuant to
this Paragraph 9, all future rights and obligations of the parties hereto and hereunder
thereupon shall cease. In no case, shall University be liable to Coach for the loss of any
collateral business opportunities, or any other benefits, perquisites, income or
consequential damages suffered by Coach as a result of Universitys termination of
Coachs employment.
10.
perform has continued or will continue beyond a reasonable period of time, as determined
by the University consistent with applicable law, this Contract shall thereupon terminate
and all future obligations between the parties under this Contract shall cease. In the event
of Coachs inability to continue to perform all of her/his essential job functions under this
Contract by reason of some other occurrence beyond the control of either party to this
Contract, this Contract shall thereupon terminate and all future obligations between the
parties under this Contract shall cease. Because of the exigencies of operating an NCAA
Division I program, Coach acknowledges that a termination pursuant to this Paragraph 10
shall not be deemed a termination without cause under Paragraph 12 below.
11.
12.
The Universitys obligation pursuant to this paragraph shall not extend beyond the Term.
These payments to Coach by University shall be paid in substantially equal monthly
installments during what would have been the remaining term of this Contract had it not
been terminated. University shall also pay to Coach all compensation including
performance-based compensation earned by Coach prior to the effective date of
termination. University shall not be liable to Coach for any University benefits, which
are not vested at the time of termination, nor for any collateral business opportunities or
other benefits associated with Coachs position as Coach.
The parties recognize that a termination of this Contract by the University prior to its
natural expiration may cause Coach to lose certain benefits, supplemental compensation,
or outside compensation relating to Coachs employment at the University, which
damages are difficult to determine with certainty. Accordingly, the parties agree to this
liquidated damages provision, subject to mitigation, as a fair measure of Coachs losses
and not as a penalty.
Page 7
14.
15.
TERM. The term of the Contract begins on July 1, 2014, and terminates on June 30,
2018, subject to the early termination provisions set forth in the Contract.
2.
3.
COMPENSATION.
A. Base Salary
As described in Paragraph 1 of the Contract, this Contract exclusively defines the
terms and conditions of the staff appointment only, without effect on the terms
and conditions of the Lecturer Appointment. The total annual base salary for the
coach/lecturer appointee is the sum of her/his actual annual coach salary and
actual annual lecturer salary (calculated by applying appointment percentages to
annual salary rates). The parties understand and agree that Coachs total
combined appointment percentage shall remain 100% during the Term, but may
vary as between the coach and lecturer appointments. Notwithstanding
variations in academic appointment percentage and/or annual base salary,
Coachs total annual base salary (inclusive of both lecturer and coach
appointments) shall remain constant at $100,000 through June 30, 2015,
$110,000 July 1, 2015 through June 30, 2016, $117,000 July 1, 2016 through
June 30, 2017, and $124,000 July 1, 2017 through June 30, 2018. If the
lecturer appointment annual base salary increases prior to the termination of the
lecturer appointment, the actual annual coach salary rate shall be re-calculated
against the increased lecturer appointment annual base salary, and the annual
coach salary rate shall be adjusted so Coachs total annual base salary remains
constant at $100,000 through June 30, 2015, $110,000 July 1, 2015 through June
30, 2016, $117,000 July 1, 2016 through June 30, 2017, and $124,000 July 1,
2017 through June 30, 2018.
Page 10
The annual base salary prorated monthly for this position shall be as follows:
Appointment %
65% (7/1/14
6/30/15)
$122,475.39
$79,609
65% (7/1/15
6/30/16)
$137,860
$89,609
65% (7/1/16
6/30/17)
$148,629.23
$96,609
65% (7/1/17
6/30/18)
$159,398.46
$103,609
Amount
1. Conference Championship
$2,000
$1,000
$1,000
$2,000
$1,000
$2,000
Page 11
4.
PAID DAYS OFF (PTO) & OTHER LEAVES. Coach shall be entitled to up to 20
paid days off at the beginning of each Contract Year. Paid days off are not carried
forward to the next Contract Year and any unused paid days off expire at the end of
the applicable Contract Year. Coach must use any accrued but unused vacation leave
before using paid time off days pursuant to this provision.
5.
SICK LEAVES. Coach shall accrue and may use sick leave in accordance with the
applicable provisions of the Personnel Policies for Staff Members in effect at the time
during each month of this Contract. Unused sick leave shall be carried forward for
the duration of Coachs employment with the University in accordance with
applicable personnel policies in effect at the time.
6.
7.
REPORTING LINE. Coach shall report directly to the Sport Supervisor and
indirectly to the Director of Intercollegiate Athletics.
This Contract Addendum shall be effective upon obtaining signatures as identified below and
signature of other employment documents as necessary.
By:
Terry Tumey
Director of Intercollegiate Athletics, UC Davis
Date
Employment Consultant
Human Resources, UC Davis
Date
By:
COACH:
By:
Matthew Vaughn
Head Coach, Baseball
Date
Page 12
Athletic Performance of the Baseball team based on outcome targets agreed upon with
Athletic Director in writing, by December 31 each year.
2.
3.
4.
5.
Manage the Baseball program, including assisting with budget preparation, managing team
within the confines of established budget, adhering to Department and University policies
regarding fiscal responsibility, and administration, supervision and timely evaluation of the
Baseball programs staff.
6.
Build relationships with external stakeholders (donors, sponsors, patrons), fulfill all required
fundraising activity, and actively participate with the Development staff to create a
development community.
7.
8.
9.
Cooperate with and support the Universitys faculty and administrative officials regarding
academic requirements for student-athletes, support and foster the ability of student-athletes
participating in the Baseball program to meet academic requirements, satisfy academic goals
for the Baseball team agreed upon with the Director of Intercollegiate Athletics in writing
each year.