Policies and Procedures

While acting in an official capacity as an AmeriCorps member, the member is expected to: 

1. Demonstrate respect toward others.

2. Follow directions.

3. Direct concerns, problems, and suggestions to supervisor or program director.

4. Report to the proper service site on time. 

5. Follow established call-off and schedule change procedures of the host site.

6. Wear clothing appropriate to the work being performed at the service assignment (see “Service Gear and Grooming Standards”) or site’s written dress code policy, whichever is stricter.

7. Smoke only at times and in places not prohibited by school, agency, center rules, or local/state ordinances.

8. Eat and drink only in designated areas.

9. Follow all required community service project instructions.

10. Comply with all school, agency, and center safety and security regulations.

11. Report any suspicious, unethical, or illegal conduct by co-workers, consumers, or visitors.

12. Maintain confidentiality at all times (see “Student Confidentiality”).

13. Not engage in any activity aiding a business organization for profit, participate in any unauthorized fund raising activity.

14. Adhere to the sexual harassment policies of Education Alliance AmeriCorps and sponsoring agencies

15. Complete and submit all paperwork and requested materials on time.

16. Complete personal and professional action plans and work toward completing the objectives.

17. Complete/document research and tracking tools.

18. Participate in service projects locally and statewide.

19. Participate in site staff meetings.

20. Participate in training and orientation locally and statewide.

The member understands that the following acts constitute a violation of the program’s rules of conduct: 

1. Engaging in any activity that is illegal under local, state, or federal law.

2. Engaging in any AmeriCorps prohibited activities.

3. Engaging in activities that pose a significant safety risk to others.

• Disregarding safety or security regulations.

4. Unauthorized or chronic tardiness. 

• Report to the proper service site on time.

5. Unauthorized or chronic absences (including but not limited to: late arrival, early departure, leaving and/or not reporting to the service site). 

• Follow established call-off and schedule change procedures of the host site.

• At the discretion of the Director, a medical excuse may be required to ensure appropriate use of leave time.

• Members who are absent from service for three consecutive days without giving proper notice to the AmeriCorps Director and Site Supervisor will be considered to have abandoned their position. At that time, the AmeriCorps Director will formally note the termination and advise the member by certified mail to the member's last known address.  

6. Repeated use of inappropriate language (i.e. profanity) at a service site. 

7. Stealing or lying. 

8. Any activity that may physically or emotionally damage other members of the program or people in the community. 

9. Unlawful manufacture, distribution, dispensation, possession, or use of any illegal drugs during the term of service. 

10. Consumption of alcoholic beverages during the performance of service activities. 

11. Being under the influence of alcohol, any illegal drugs, or mood altering substance during the performance of service activities. This includes synthetic marijuana products currently being marketed as K12 and Spice or any variation thereof.  

12. Failing to notify the program of any criminal arrest or conviction that occurs during the term of service.

13. Failing to meet Education Alliance AmeriCorps measure of efficiency and productivity.

14. Sleeping during the time in which the member is to be serving.

15. Unauthorized possession of firearms, weapons, or dangerous substances while performing job duties at any Education Alliance AmeriCorps service site.

16. Fight or start a disturbance at any service assignment location while performing community service duties, including but not limited to assaulting or intimidating workplace colleagues.

17. Act in conflict with the interests of AmeriCorps, The Education Alliance, or a sponsoring agency.

18. Failure to fully cooperate in any Education Alliance AmeriCorps or sponsoring agency investigation.

19. Failing to adhere to Federal and State civil rights laws.

20. Any other serious breach in the judgment of the Education Alliance AmeriCorps Director (or designee) would undermine the effectiveness of the program.

Approved Absence

Education Alliance AmeriCorps does not have a formal leave policy but allows Supervisors, at their own discretion, to grant members who are meeting or exceeding service expectations leave time. Members should use this time prudently and only when necessary. Leave time should not be recorded in OnCorps timekeeping system. AmeriCorps members do not receive service hours for leave time. All service hours missed due to leave time must be completed by the completion of the member’s term. If a member will not be able to serve the required 20 hours per pay period due to leave, he/she must have associated leave pre-approved by the Program Director.

Members are expected to make prior arrangements for all child care and other family needs. Members should also have a reliable “back up” plan for unexpected occurrences such as school closings, minor family illness, car trouble etc. Members will only be granted unplanned time off from their service sites for these kinds of occurrences on an emergency basis.

Members who must be absent from their service site because of illness or emergency are required to follow the call in procedures of their service site. Members who do not show up for their service site and do not call in will be placed on disciplinary suspension for 2 days without compensation or extension of service. “No call, no show” behavior is completely unacceptable.

At the discretion of the Director, members may be placed on medical suspension due to an illness, injury or other medical procedure if he/she is behind in service hours. This will be done to protect the member from jeopardizing his or her Education Award. The member’s living allowance payment will be suspended and the member’s service term will be extended by the number of days suspended to allow them time to successfully complete their service. 

Second term and beyond  members who meet the equivalency criteria for the West Virginia Family and Medical Leave ACT (FMLA) benefits are eligible for unpaid leave. To qualify a member must have served a twelve month period, does not need to be consecutive, with the service site. The member’s living allowance payment will be suspended during the period of FMLA and the member’s service term will be extended by the number of days suspended to allow them time to successfully complete their service. To access the FMLA benefit, the member will need to contact the AmeriCorps Director.  

Unapproved Absences Causing Doubt of Active Service

If, at any time, the Education Alliance AmeriCorps staff is given reason to doubt if a member is actively serving, the Director will immediately place a hold on the member’s living allowance until the situation is investigated and appropriate action is taken.

Holiday Leave 

AmeriCorps members are entitled to the same holidays as employees of their host site without affecting their living allowance. However, holiday hours do not count toward the service hours required for an Education Award. Extra care should be taken to ensure that members are fully aware of site holiday’s prior to starting their term of service.

AmeriCorps sites must develop activities for all members to work on when the service site is not open. School vacations are not to be considered AmeriCorps vacations. Request for Leave forms must be filled out and submitted for all holidays and other site closings. This is a compliance requirement for the AmeriCorps program.

Military Leave

AmeriCorps members serving in the National Guard or Reserve will be granted a leave of absence for a two-week period of active duty training. Members may not receive additional time-off for training. Members will continue to receive their living allowance during this period and will receive credit toward the service hours required for an Education Award. Members on two-week active duty training will receive eight (8) hours of service credit per day toward their Education Award. No AmeriCorps service credit is earned for the once-a-month weekend service in the National Guard or Reserve.

AmeriCorps members called to active military duty may be placed in hold status. While in hold status they will not receive their living allowance, childcare, medical benefits nor will they receive service hours toward their Education Award. Members receiving notification of being placed on active duty must provide a copy of their orders to the Education Alliance AmeriCorps program. Members may also choose to end their service for compelling circumstances.

Jury Duty 

Serving on a jury is an important responsibility of citizenship and members will not be penalized for doing so. During the time members serve as jurors, they will continue to earn service hours, and receive their living allowance. They are allowed to keep reimbursements for incidental expenses received from the court. Members notified of jury duty must provide a copy of the summons to Education Alliance AmeriCorps program.

AmeriCorps members are covered by the Department of Labor and Industries Workers’ Compensation for service-related accidents. Coverage provides compensation for illness or injury if it is caused or aggravated by the performance of the member’s authorized duties. Workers’ Compensation does not provide coverage if the injury or illness is caused or aggravated by the member’s own misconduct, voluntary intoxication, or willful intent to bring about injury or death to themselves or others. This coverage will pay benefits to members in case of injury while performing the usual and customary duties of their projects assignment. Accidents or injuries which occur at the service site and while the member is earning service hours must be reported to the site supervisor and the Education Alliance AmeriCorps office immediately.

By signing a member contract, you agreed to abide by the following terms and conditions. 

Rights

• Participation in the AmeriCorps (or any other Corporation) program is based on merit and equal opportunity for all, without regard to factors such as race, color, national origin, sex, sexual orientation, religion, age, disability, political affiliation, marital or parental status, military service, or religious, community, or social affiliations.

• You have a right to reasonable accommodation for disabilities. Programs must furnish reasonable accommodations for the known physical and mental limitations of qualified AmeriCorps members.

• If you believe your rights have been violated, you may report such violations to the directors of your program of whom must establish and maintain a procedure for filing and adjudicating certain grievances.

• You may also file discrimination-related grievances with the Equal Opportunity Counselor of the Corporation for National and Community Service at (202) 606-5000, ext. 312 (voice), or 1 (800) 942-2677.

Responsibilities

• To earn an education award, you must satisfactorily complete your program requirements and your full term of service (completing at least the minimum required hours over a ten-month period of time for the part-time award).

• Satisfactory service includes attendance, compliance with applicable rules, a positive attitude, quality service, and respect toward others in the program and community.

• You will be asked to sign a contract stating your rights and responsibilities while in AmeriCorps. You must abide by this contract and follow the rules of your program. You will be suspended or terminated if you violate the stated rules of behavior as listed in your member contract. 

Prohibited Activities

There are certain activities, including lobbying, political, or advocacy activities, that you may not perform as an AmeriCorps member. Generally, you may not engage in any conduct that would associate the national service program or the Corporation for National and Community Service with any prohibited activity. These activities are also prohibited for staff, supervisors, and any other personnel who receive compensation from the federal award

As an AmeriCorps member you may not:

• engage in any effort to influence legislation, including state or local ballot initiatives or lobbying for your AmeriCorps program; for example, you may not organize a letter-writing campaign to Congress;

• engage in partisan political activities or other activities designed to influence the outcome of an election to any public office;

• organize or take part in political demonstrations or rallies;

• organize or participate in protests, petitions, boycotts, or strikes;

• assist, promote, or deter union organizing;

• impair existing contracts for services or collective bargaining agreements;

• participate in, or endorse, events or activities that are likely to include advocacy for or against political parties, political platforms, political candidates, proposed legislation, or elected officials; for example, you may not print politically charged articles in a Corporation-funded newsletter;

• perform clerical work, research, or fundraising, except if incidental to your direct service activities;

• engage in religious instruction; conduct worship services; provide instruction as part of a program that includes mandatory religious instruction or worship; construct or operate facilities devoted to religious instruction or worship; maintain facilities primarily or inherently devoted to religious instruction or worship; or engage in any form of religious proselytization; or

• provide a direct benefit to a for-profit entity, a labor union, a partisan political organization, or, in general, an organization engaged in the religious activities described in the preceding bullet.

There are also several types of activities that your program may not assign to you, such as:

• activities that pose a significant risk to you or other participants;

• assignments that displace employees;

• internships with for-profit businesses as part of the education and training component of the program; and

• any of the prohibited activities mentioned above.

Like other private citizens, you may participate in the above-listed activities on your own time, at your own expense, and at your own initiative. However, you may not wear your AmeriCorps t-shirt or other service gear in such instances. You are expected to maintain a code of conduct and professional behavior at all times. Violations of this expectation could result in early termination or suspension.

Terms of Service

Education Alliance AmeriCorps is a twelve-month program, which spans from August to July. Members serve between eight and ten-month terms of service. The program and the member may agree to alter this term of service for the following reasons:

1. The member’s service has been suspended due to compelling personal circumstances.

2. The member’s service has been terminated, but a grievance procedure has resulted in reinstatement. 

3. At the discretion of the Director, the member’s term of service can only be altered in accordance with AmeriCorps provisions.

Members are required to submit and follow a schedule. If the member becomes behind on completion of his/her services hours, a plan should be developed to ensure the required hours are completed by the member’s end of service date. Members who fail to meet the schedule agreement can be placed on suspension and/or terminated based on the living allowance policy. Supervisors will review member hours monthly to ensure members are on track for completion. If a problem is identified, members and supervisors must work together to prepare and submit a plan to the program director to ensure hours are completed within the service year. 

To successfully complete your term of service (as defined by the program and consistent with regulations of the Corporation for National Service) and to be eligible for the education award, he/she must:

• complete the required term of service and meet or exceed the minimum required hours of service for their position;

• ensure satisfactory completion of service assignments, tasks, or projects;

• attend Education Alliance AmeriCorps orientation and all the mandatory sponsored trainings; 

• Satisfactorily complete other appropriate education/training/ assignments, reports, and all service-learning and requirements that relate to the member’s ability to perform service. 

At the discretion of the Director, a member may be released from service up to two months early if that member has completed the minimum hour obligation with permission from his/her site supervisor and a satisfactory evaluation.  The member will forfeit any remaining living allowance payments due to early exit.  Approval of this request will be at the sole discretion of the Director based upon the member's successful service performance.

Student Confidentiality 

There are federal and state laws that protect the privacy rights of students and families. In a school situation, there are many instances in which confidential information is discussed in order to better understand students and how we can help them. When working in the schools as a volunteer there may be times when this information is overheard. Our staff will make every effort to prevent this from happening; however, as a volunteer you must agree that if you do hear information about a student or family you will not repeat this outside of the school. This will ensure the protection of our students’ interest and their families, thus creating a better environment for all.

Additionally, two laws govern special education confidentiality. FERPA (Family Educational Rights and Privacy Act), IDEIA (Individuals with Disabilities Education Improvement Act). Both bodies of regulations indicate that confidentiality must be maintained relative to special education students. Therefore, any written or verbal communication with anyone who does not have a right to know is in violation of these laws. A volunteer should not discuss a child’s disability with any individual outside of the classroom instructor, building principal, or staff member.  The volunteer should not carry any written or verbal statements outside of the school that would divulge the child’s disability. In essence, only those who work directly with the student are considered as those with a “need to know.” If at any time these terms of confidentiality are violated by a volunteer, termination of volunteer services may occur.

As an AmeriCorps member: 

• I realize that I am subject to a code of ethics similar to that which binds the professionals in the field in which I work.

• I will keep confidential matters private.

• I also understand that volunteering in the Education Alliance AmeriCorps program is a privilege and not a right. The school’s principal reserves the right to deny or remove any volunteer violating confidentiality or any district policy.

By signing the Education Alliance AmeriCorps contract, I agreed to not divulge information about any student or family to any person outside the school setting. 

Criminal Background Checks and Sex Offender Registry Checks

All Education Alliance AmeriCorps shall, to the extent permitted by state and local law, be subject to criminal record checks and sex offender checks as part of the screening process. The documentation will be maintained in a separate file in a locked file cabinet in the Education Alliance AmeriCorps office. Unacceptable charges include murder, child maltreatment, child sexual abuse, or any offense for which the individual is required to register as a sex offender in any state.  This list is not all-inclusive. Other charges will be considered on a case by case basis. Education Alliance AmeriCorps reserves the right to release a member if it determines that a charge is unacceptable because it puts the program or its participants at risk. Individuals who fail to disclose charges/convictions on the member application will be released immediately from service.

Employment Status

AmeriCorps members are not employees; rather, they are National Service members who fall into a special category under the Internal Revenue Code that is neither "employee" nor "contracted service provider." Nevertheless, the Internal Revenue Service does consider the living allowance to be income and is taxable. 

AmeriCorps members are not in an employee relationship with the federal government, the program, or the site sponsor for unemployment compensation purposes and, therefore, are not covered by unemployment compensation. However, prior employment history may entitle the former member to unemployment compensation benefits. According to RCW 50.65, time spent and compensation earned in the Education Alliance AmeriCorps program are specifically excluded from credit for unemployment compensation.

Reasonable Accommodations

Title I of the Americans with Disabilities Act of 1990 (the "ADA") requires an employer to provide reasonable accommodation to qualified individuals with disabilities who are employees or applicants for employment, unless to do so would cause undue hardship. "In general, an accommodation is any change in the work environment or in the way things are customarily done that enables an individual with a disability to enjoy equal employment opportunities. “There are three categories of "reasonable accommodations":

1. modifications or adjustments to a job application process that enable a qualified applicant with a disability to be considered for the position such qualified applicant desires; or

2. modifications or adjustments to the work environment, or to the manner or circumstances under which the position held or desired is customarily performed, that enable a qualified individual with a disability to perform the essential functions of that position; or 

3. modifications or adjustments that enable a covered entity's employee with a disability to enjoy equal benefits and privileges of employment as are enjoyed by its other similarly situated employees without disabilities."

Government Benefit and Assistance Programs

Depending on the type of service program and the type of government benefits, it is critical that

AmeriCorps members are aware of how AmeriCorps service may impact eligibility and access to

government benefit and assistance programs. Benefits.gov is a website that provides citizens with easy,

online access to government benefit and assistance programs. Each program description provides

citizens with the next steps to apply for any benefit program of interest. Resource: https://www.benefits.gov/

Supplemental Security Income (SSI)/ Social Security Disability Insurance (SSDI)

The Social Security Administration (SSA) administers Supplemental Security Income (SSI) and Social Security Disability Insurance (SSDI). The HEART (Hero Earnings Assistance and Relief Tax) Act of 2008 specifies that any cash or in-kind benefit paid to a participant in the AmeriCorps program is excluded from the SSI income calculation. This means that SSI recipients can freely serve as AmeriCorps members without the fear of losing their SSI. Knowing that the impact of service on eligibility for government benefits is critical, program managers can take the following steps to increase participation, alleviate concerns, and ensure retention of individuals with disabilities in service programs:

• Inform all applicants and participants that guidance is available regarding the relationship between participation and eligibility for government benefits.

• Encourage participants to notify the government benefits agency (e.g., Social Security Administration) that they will be participating in service to identify any potential problems as well as ways to address those problems.

• Emphasize the availability of work incentives and other policies that might lessen any adverse impact on SSI or SSDI benefits.

• Develop working relationships with local Social Security offices and with local organizations to raise the level of awareness among all involved about ways to ensure that participation in national service will not result in a loss or reduction in disability benefits.

Resource: National Service Inclusion Project website online at http://www.serviceandinclusion.org/

Supplemental Nutrition Assistance Program (SNAP)

An AmeriCorps member with less than $2,000 in assets (checking and savings accounts) may qualify for SNAP assistance. SNAP benefits can be used to purchase food and seeds, but they cannot be used for alcoholic beverages, tobacco, hot foods, pet foods, soap and paper items, or other non-food items. The U.S. Department of Agriculture funds the SNAP program, but each state administers the program. Information about SNAP benefits in West Virginia can be found at: https://www.benefits.gov/benefits/benefit-details/1591

Temporary Assistance to Needy Families (TANF)

Temporary Assistance to Needy Families (TANF) is one of the programs that may be affected by the living allowance. If your AmeriCorps member is already receiving TANF, please have them contact their case manager to report his/her status as an AmeriCorps member. Information about TANF benefits in West Virginia can be found at: https://dhhr.wv.gov/bcf/Services/familyassistance/Pages/WV-WORKS.aspx

Job Training Partnership Act

National and Community Service Trust Act, 26 U.S.C. 61 specifies that your living allowance be treated just like income received by JTPA participants. {142 (b) of the Job Training Partnership Act, 29 U.S.C. 1552 (b). This means that the AmeriCorps living allowance should not affect your eligibility for most needs-based federal programs, including Food Stamps and Section 8 housing. Other benefits that are not affected by the AmeriCorps living allowance include WIC, job training, Pell grants, and VA benefits. However, the living allowance does count as earned income for programs funded under the Social Security Act, including AFDC (now TANF), SSI, and Medicaid. It is important to note that members will not automatically lose their AFDC/TANF benefits. That will depend upon the state's eligibility threshold.

Outside Employment and School Attendance

Education Alliance AmeriCorps members are permitted to have a second job while serving in AmeriCorps provided that it does not interfere with the member’s service to his/her site. Members will not be granted any time off to accommodate scheduling conflicts with a second job unless it is scheduled well in advance and the Site Supervisor does not feel that it poses a problem for the service site. If a member is caught taking unexcused time off from his or her service site to work a second job, the member will be immediately suspended for a minimum of one week. The member will not receive his/her living allowance during the suspension and the member’s term will not be extended. 

Education Alliance AmeriCorps encourages members to continue their college or vocational education while serving in AmeriCorps. AmeriCorps members are required to submit a copy of their school schedule to their site supervisor and the Education Alliance AmeriCorps office at the beginning of each semester. AmeriCorps members are encouraged to schedule their classes and study sessions during times that will not interfere with the member’s schedule at the service site. Education Alliance AmeriCorps encourages Site Supervisors to work with members attending classes to find fair and mutually beneficial ways to work out service schedules so members can attend classes.

Carpooling

Members are required to carpool to all Education Alliance AmeriCorps events to help control transportation costs. Members are encouraged to make these arrangements themselves with other members who serve at the same sites or who live within close proximity to one another. Members are also encouraged to make use of the Park and Rides along most of West Virginia’s interstate systems so that members can meet and carpool. Education Alliance AmeriCorps staff may also help arrange carpooling for members.

Travel Policy

Members will be reimbursed for mileage to all Education Alliance AmeriCorps sponsored trainings. Members will be reimbursed at the current West Virginia employee reimbursement rate. Members must submit the Expense Report to the Education Alliance AmeriCorps office within 30 days of the event or training. If the Expense Report is not submitted to the Education Alliance AmeriCorps office within 30 days, the member will not be reimbursed for travel expenses. Education Alliance AmeriCorps reserves the right to shorten or extend this deadline at the Director’s discretion. 

Education Alliance AmeriCorps will not reimburse for regular travel related to the member’s service at his or her site. This includes, but is not limited to: travel to and from the member’s home to the service site; travel between satellite sites of the same agency; travel to and from training required or sponsored by the service site. 

Education Alliance AmeriCorps reserves the right to require members to obtain permission for travel related to service day projects not required specifically by Education Alliance AmeriCorps. Members will be notified by email to them and their Site Supervisors when they must obtain additional authorization for travel expenses. Members who fail to obtain permission will be responsible for their own travel expenses.

Use of Personal Vehicles

Education Alliance AmeriCorps members are prohibited from using their personal vehicles to transport children while they are counting hours for AmeriCorps, unless the host site provides a company vehicle with full insurance to cover the member or the member assumes liability through their personal car insurance.

Member Compliance

Members must submit all required paperwork (e.g. timesheets, evaluation, monthly report, data, exit paperwork, etc.) by the given deadline. The Education Alliance reserves the right to hold a member’s living allowance until the documentation is turned in. 

Performance Evaluations

Consistent with specific service slot, Education Alliance AmeriCorps members will receive up to two performance evaluations from their Supervisor (or program staff as appropriate) throughout their term of service. Members will be evaluated based on traits such as dependability, attitude, cooperativeness, creativity, and leadership. Supervisors will provide members with performance counseling to help the member improve his or her service to the site. 

Education Alliance AmeriCorps staff will conduct at least one site visit throughout the year to ensure that the member is performing his or her service duties satisfactorily. Education Alliance AmeriCorps staff will offer suggestions to help the member improve his or her skills. If a member is struggling in many areas of service, the Program Director (or designee) may, at his or her discretion, place the member on a written corrective action plan. 

Anti-Harassment

Education Alliance AmeriCorps and its site sponsors agree to provide an environment free from harassment based on sexual, racial, national origin, sexual orientation, religion, age, or disability. Harassment includes unwelcome verbal, physical or graphic conduct and has the purpose or effect of unreasonably interfering with work or service performance or creating an intimidating, hostile or offensive work or service environment. 

Any service volunteer, community volunteer or program beneficiary who believes they have been subjected to discrimination in violation of applicable laws or this policy may raise his or her concerns with the Corporation’s Equal Opportunity Office. Discrimination claims not brought to the attention of the CNCS Equal Opportunity Office within 45 days of their occurrence may not be accepted. The Equal Opportunity Office may be reached at (202) 606-5000, extension 312 (voice), (202) 565-2799 (TDD), eo@cns.gov. The Corporation’s Equal Opportunity Office attempts to resolve concerns about discrimination promptly and, when possible, use an informal process to do so. CNCS encourages, but does not require, volunteers, service participants, and other beneficiaries to first bring concerns about discrimination to the director or appropriate personnel of the program. CNCS encourages directors of programs and sites to facilitate prompt resolution of these concerns.

Equal Opportunity

As a grantee of the Education Alliance AmeriCorps program, each site sponsor receiving the services of an AmeriCorps member agrees that they will abide by federal laws and Corporation for National and Community Service (CNCS) policy on Equal Opportunity. An environment free of discrimination for all AmeriCorps members will be provided by both Education Alliance AmeriCorps and the site sponsor. Recognizing that the fabric of our society is strengthened by the diversity of its citizens, the policy of CNCS is to ensure mutual respect for all differences among us. Participation in AmeriCorps will be based on merit and equal opportunity for all, without regard to factors such as race, color, national origin, sex, sexual orientation, religion, age, disability, political affiliation, marital or parental status, military service, or religious, community or social affiliations.

Member Personnel Files

Education Alliance AmeriCorps maintains a personnel file on each AmeriCorps service volunteer. Personnel files are the property of Education Alliance AmeriCorps, and access to the information they contain is confidential. An active member may review his or her personnel file provided that he or she submits a written request. The member shall be granted access to his or her personnel file within 48 hours of receiving the written request and with the presence of authorized Education Alliance AmeriCorps personnel. All members should notify Education Alliance AmeriCorps staff regarding any changes to personal information.

Threats of Violence

Education Alliance AmeriCorps has a zero tolerance policy on violence. All threats of violence, whether against another person or against self (threats of suicide, self-mutilation, etc.) will be taken very seriously. Any member who threatens violence against another person will be immediately removed from the site and placed on immediate suspension without compensation or extension of service until the matter can be fully investigated. The Director will thoroughly investigate the matter to determine the appropriate course of action which could include termination from the program. 

The primary responsibility of Education Alliance AmeriCorps is to protect the safety and well-being of the members while in service. Therefore, if any member threatens to harm himself or herself or if the Director or Supervisor feels that the member is a threat to himself or herself, emergency personnel including, but not limited to police and EMS personnel will be contacted immediately. The member will be placed on medical suspension until the member obtains a release from a medical provider stating that he or she is physically and emotionally stable enough to return to service.

Service Gear and Grooming Standards

Education Alliance AmeriCorps members are required to be recognizable as an AmeriCorps member at all times when claiming AmeriCorps hours. 

Members are prohibited from altering service gear in any way (cutting, tearing, etc.).

Active members are prohibited from wearing their service gear when they are not representing AmeriCorps. Any member wearing service gear outside of their service duties and engaging in prohibited or inappropriate activities (such as the use of alcohol, drugs or other illegal substances) are subject to immediate disciplinary action which may include termination for cause.

Members are expected to present themselves in a professional manner at all times and the dress code is “business casual.” All clothing should fit well and not be excessively baggy or tight. Shorts and skirts, if worn, should be of modest length. Shirts and blouses should fit well and not be too loose, tight or show excessive cleavage. Members who violate this policy may be sent home to change at the discretion of the program staff or host site supervisor.

NOTE: If the host site has a dress code policy, the policy that is stricter will prevail. 

Members who leave service early, for any reason, must return all service gear in good condition to the program. Members who do not return their service gear will forfeit any unpaid living allowances which may be owed to them.

Nepotism

Related persons may work at the same agency or service site; however, Supervisors must avoid placing them in supervisor – supervisee relationships or other roles that could lead to a conflict of interest. Supervisors should not extend any “anti-nepotism policy” to the point where it unlawfully results in discrimination or preferential treatment.

Fraternization

Personal relationships between AmeriCorps members and staff members that have the appearance of partiality, preferential treatment, the improper use of position for personal gain, or prejudicial to the morale of AmeriCorps members will not be tolerated. 

Drug Free Workplace

In accordance with the Drug Free Workplace Act, the unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance is prohibited by the Education Alliance AmeriCorps program. Alcohol and drug abuse adversely affects health, service performance, creates dangerous situations and serves to undermine the community’s confidence in the AmeriCorps program. Therefore, the Education Alliance AmeriCorps program prohibits illegal drug or alcohol abuse on the part of its members. The Program Director may require members to submit to drug testing as a condition of selection or when there is reasonable suspicion of drug use. If an AmeriCorps member is arrested for or convicted of a drug offense, the member must notify Education Alliance AmeriCorps staff in writing within five days. The Education Alliance AmeriCorps program will take appropriate action, which may include suspension, referral to a drug rehabilitation program or release for cause. The program will follow current CNCS rules on termination and suspension of service.

AmeriCorps members will not consume alcoholic beverages or illegal drugs during service hours and service training. This includes off-hours during service training dates.  A violation of this policy will result in disciplinary action and may result in dismissal as an AmeriCorps member.

Use of Communications Systems

Sponsor agencies will provide telecommunication technology equipment for their AmeriCorps members to assist in the performance of their official duties. Telecommunications technology will include but is not limited to: telephone, Internet and computer access. The equipment shall be used only for business purposes and AmeriCorps members must adhere to the policies provided by the sponsor agency. Improper or illegal use of e-mail or Internet resources poses serious risk and liability to the AmeriCorps member, host site and the Education Alliance AmeriCorps program. Education Alliance AmeriCorps and host sites reserve the right to access all email sent for any purpose from host site or Education Alliance AmeriCorps computers. AmeriCorps service volunteers should not have expectations of privacy when using communications systems provided by their host sites.

Use of Electronic Devices

Members who have cell phones and other personal electronic devices are to have them turned off and placed out of sight while at their service site, during service projects, and while attending training sessions and meetings. Site supervisors may, at their discretion, allow the use of cell phones or other devices during service activities if they feel it is necessary for the member to complete assigned service activities.

Electronic devices are a major distraction that is disruptive and keeps the owner of the device and other participants from being actively involved. Violation of this policy will result in disciplinary action. Education Alliance AmeriCorps reserves the right to confiscate any cell phones that become disruptive during Education Alliance AmeriCorps events. Cell phones will be returned to the member at the conclusion of the event. Education Alliance AmeriCorps is not responsible for stolen phones, damage or loss of data while the phone is being held. Members may avoid this risk by keeping phones out of sight and on silent and only checking them during designated breaks.

Use of Social Media

It is your responsibility to represent the Education Alliance AmeriCorps program in a professional manner both online and offline. Social media should only be used during service hours for documentable research to develop mentoring lesson plans. Particularly, members should not explore social media sites or post personal messages during service hours. Posting of program materials should be channeled through the program director. Members should not post anything that is even tangentially associated with the Prohibited Activities as proscribed by the Corporation for National and Community Service that are listed in your contract. Members should not post photos of program participants on personal social media accounts or other web pages without parent consent. Members should not post anything that is false, misleading, obscene, defamatory, profane, discriminatory, libelous, threatening, harassing, abusive, hateful, or embarrassing to another person or entity. Make sure to respect others' privacy. Those who do not respect these boundaries will be asked to “put up” (or turn in) their devices into their supervisor.

Employee Displacement

Projects may never permit a member to fill in for an absent employee for extensive periods of time. By law, members may not under any circumstances perform services, duties, or activities that had been assigned to an employee or to an employee who has recently resigned or been discharged. Sites may not use a member in a way that will displace an employee or infringe upon an employee’s promotional opportunities.

(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 –

1. Will supplant the hiring of employed workers; or

2. 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 –

1. Presently employed worker;

2. Employee who recently resigned or was discharged;

3. Employee who is subject to a reduction in force or who has recall rights pursuant to a collective bargaining agreement or applicable personnel procedures;

4. Employee who is on leave (terminal, temporary, vacation, emergency, or sick); or

5. Employee who is on strike or who is being locked out.

Media Consent

The member assigns all rights to The Education Alliance, the West Virginia Commission for National and Community Service (d.b.a. Volunteer WV) and the Corporation for National and Community Service to use their name, photograph and/or video recordings and other identifying information for publicity or promotional purposes. This includes the editing, duplication, reproduction, copyright, exhibition, broadcast and/or other non-profit use and distribution of such recordings for the purposes deemed suitable by the Education Alliance AmeriCorps program unless specifically noted to the contrary.

Subsequent Terms of Service

Members may serve up to four terms with Education Alliance AmeriCorps. The member understands that to be eligible to serve a subsequent term of service, the member must receive satisfactory performance reviews for any previous term of service. The member’s eligibility for a subsequent term of service with this program will be based on the member’s performance focusing on factors such as whether the member has:

1. Completed the required number of hours;

2. Satisfactorily completed assignments, tasks, projects, and his/her evaluation; 

3. Met any other criteria that were clearly communicated both orally and in writing at the beginning of the term of service.  The member understands, however, that eligibility for an additional term of service does not guarantee selection or placement.

The member understands that the Education Alliance AmeriCorps program is a part-time program and members may only earn the equivalent of 2 full-time education awards. If a member transfers to a full-time program the member will have to verify they are eligible to receive a full education award.

The final decision regarding a member serving more than one term is at the discretion of the Education Alliance AmeriCorps Director (or designee). 

Incurred Costs and Personal Expenses

Neither the Education Alliance AmeriCorps program nor the site sponsor is responsible for the personal debts of any AmeriCorps member. Neither the member nor the site sponsor is authorized to obtain an extension of credit by representing themselves as state government employees.

Members who incur personal costs while in AmeriCorps service are responsible for repaying their own debt in full and within a reasonable amount of time. 

Members who incur costs that are charged to The Education Alliance when attending an Education Alliance AmeriCorps function are responsible for the reimbursement of those costs to The Education Alliance. These costs may include, but are not limited to: charges for personal phone calls; meals; room service; in-room movies or services.

Education Alliance AmeriCorps reserves the right to suspend any member with outstanding balance of more than 60 days if that member has not attempted to make payment arrangements or is not making the effort to abide by arrangements made.

Members who incur costs associated with their host sites are responsible for repayment of those costs. The costs may include, but are not limited to: charges for long distance personal calls (does not include calls made to the Education Alliance AmeriCorps office); meals; purchases made through the host site or using host site resources. Members should be aware that host sites are free to pursue any legal means by which to recoup those costs from the member.

Member Development 

The Education Alliance AmeriCorps program and Volunteer West Virginia hosts on-going training throughout the program year. Members of the Education Alliance AmeriCorps program will receive training in core components, including but not limited to: AmeriCorps affiliation and program orientation; civic engagement, diversity awareness, community leadership; conflict resolution; dropout prevention mentoring; community organizing; and program evaluation. These valuable training help members to become more effective in their service assignment. 

During your first week of service, The Education Alliance will provide an orientation that provides an overview of your service. After completing your orientation, you should meet with your supervisor to learn school specific requirements. 

The Education Alliance will provide a series of training workshops that supply an overview of your service, expectations and benefits, tools and strategies for student support, and celebrate program outcomes. The Education Alliance will also offer monthly AmeriCorps Team Meetings where you will meet with other members from your school district to share best practices and work together on common goals.  

Volunteer West Virginia will provide a series of training workshops on personal development called the AmeriCorps Member Learning Community. In addition, Volunteer West Virginia will provide aStatewide Training and Swearing-in conference. This conference will provide an education track where you can learn from experts on supporting students.

Members are provided with a training calendar during the AmeriCorps orientation.  

Full attendance and participation is mandatory. Members will not be excused from any training unless the member has a verifiable personal emergency such as a court date, urgent medical issue, or death in the family. Members must present written documentation verifying the reason for the absence.

Members are expected to arrive on time and remain for the entire training. Leaving early is not acceptable without a pre-approved and documentable excuse. Members who leave training early without the aforementioned excuse will be subject to disciplinary action.

Meals are provided at all Education Alliance AmeriCorps training and every effort is made to accommodate special diets and lifestyle choices. Members are expected to remain on site for meals and eat what is provided for them. If a member leaves training to eat elsewhere, the member will be charged the cost of the meal provided with the training. Likewise, if a member says that he or she will attend training but does not, the member will be charged for his or her cost of the training/meals.

When overnight stays are required, Education Alliance AmeriCorps provides shared lodging for members. Any member who requests lodging but does not stay will be charged for his or her lodging costs. Requests for individual lodging will be made only as a reasonable accommodation for a documented disability.

AmeriCorps Training FAQ’s

How much training is required?

The AmeriCorps grant guidelines require The Education Alliance to provide at least four days (32 hours) of training to both new and returning members (1 day in October, monthly virtual training, and 1 day in May). Volunteer West Virginia requires members to attend additional days of training (1 day in October, virtual training). Members will receive notice of the date and time of all required training.

Are all members required to attend all training sessions?

Yes, both returning and new members are required to attend all training offered by The Education Alliance and Volunteer WV. The Education Alliance provides new content at each training designed to help you be more effective. If a session is repeated, we typically offer an alternative session for returning members. Your presence at training (especially returning members) can have a positive impact on other members in the AmeriCorps cohort.

What will happen if I do not attend a required training?

If you do not attend a required training, the guidelines require: 

• 1st offense – receive a written warning

• 2nd offense – receive a one-week suspension and have your living allowance payment for that pay period withheld 

Can I be excused from training if I have a college class or have to work?

College classes and work conflicts normally do not qualify for an excused absence. Only a test or presentation will qualify for an excused absence. You should get approval from your professor to make up your work at another time. You may request an excuse letter from The Education Alliance to provide to your professor about the training obligation. 

Can I request an excused absence if there is bad weather in my county?

Members whose county school system is closed or on a two-hour delay due to weather will be excused from required training. Members should notify the Program Director of the closing/two-hour delay prior to the start of the meeting or as soon as possible. 

Am I required to attend training if my county is not closed or on a two-hour delay but one or more counties that I drive through is?

Weather concerns will be considered on a case by case basis. In general members, who are concerned about training due to the weather, are encouraged to request a hotel room and travel the day before. 

How can I request an excused absence?

Requests for excused absences must be submitted in writing along with documentation 48 hours prior to the required event (i.e. doctor’s excuse, funeral program, proof of a test/final from a professor, etc.). 

WV AmeriCorps Disaster Engagement

Expectation for AmeriCorps Programs and Members

AmeriCorps programs are encouraged to help in their local communities when they are impacted by disaster. Programs should assist in a manner that fits within their service capability and is safe for their members.

To prepare, Volunteer WV suggests that AmeriCorps Programs create a “Rainy Day Plan” for when their programs and members are impacted by a disaster. The plan should identify ways in which their members could help support their community during a disaster. It should identify community organizations they could support and the types of activities members could do, such as helping with food, water or disaster supply donations and distribution, youth engagement, wellness checks, staffing a disaster hotline, or other activities appropriate for your AmeriCorps program and members.

What is in the Volunteer West Virginia AmeriCorps Program Terms & Conditions regarding disasters:

XIII. DISASTER PREPAREDNESS, RESPONSE AND RECOVERY

A. Diversion of Resources. AmeriCorps resources (both funding and AmeriCorps member time) may be diverted at any time and at the discretion of Volunteer West Virginia to assist with disaster preparedness, response, and recovery, regardless of existing member site placements and duties.

1. Guidelines for Diverting AmeriCorps Resources

   1. *State and/or federally declared disasters are automatically approved disasters in which AmeriCorps members can assist. However, AmeriCorps disaster activities need to be discussed with and approved by Volunteer WV staff. Approved disaster activity hours can be counted toward the AmeriCorps member’s service. Examples of state/federal declared disasters: COVID 19 pandemic, 2012 derecho, 2016 flood in southern WV, 2014 Elk River Chemical spill (water contamination).

   2. *Local Disasters: AmeriCorps programs/members can assist with local disasters at any time. Local disaster assistance activity must be treated and counted (hours) as a Service Project. However, if the local disaster service project/activities extend for more than 2 weeks, programs must notify Volunteer WV staff. Examples: natural events affecting one town/county; water shortage; extended power outage; warming/cooling stations in extreme temperatures.

*Bottomline: ALL AmeriCorps disaster activities must FIRST be discussed with and approved by Volunteer West Virginia Staff.

2. During State and/or Federally Declared disasters, AmeriCorps members will be notified of disaster volunteer opportunities, which may include:

   1. Food/water collection, donations, and/or distribution,

   2. Meal preparation and/or distribution,

   3. Disaster supply collection and/or distribution - like cleaning supplies, etc.,

   4. Wellness checks,

   5. Staff a disaster call center or hotline, 

   6. Support vaccination clinics or other public health response appropriate for members,

   7. Support and/or staff Volunteer Reception Center (VRC) operations - see Section III below,

   8. Clean ups/Muck-outs/Debris Removal*

   9. Other appropriate disaster support

*AmeriCorps members will ONLY be tapped IF/WHEN WV Voluntary Organizations Active in Disasters (WV VOAD) requests assistance. A VOAD member agency MUST be on-site to train and supervise members. Safety gear will be provided as needed.

3. Volunteer Reception Center (VRC) Activation Guide

   1. Virtual Disaster Volunteer Matching is and will be the preferred and common method for mobilizing unaffiliated volunteers. Volunteer WV will encourage potential volunteers to AFFILIATE with a disaster agency and NOT SELF-DEPLOY through multimedia messaging. In addition, Volunteer WV will post disaster volunteer opportunities and information on its website and direct the public (via e-news, social media, etc.) to the disaster volunteer opportunity web-link.

   2. PHYSICAL Volunteer Reception Center (VRC) - At this time, AmeriCorps Programs WILL NOT be asked to set-up or manage VRCs. However, AmeriCorps members may be asked to help staff one. They will receive on-site training from the VRC manager.

4. Disaster Communications with AmeriCorps Programs
   Volunteer WV staff will communicate directly with AmeriCorps Directors when providing disaster volunteer information, opportunities, and requests. AmeriCorps Directors will be responsible for relaying appropriate information to their members at the time.

5. CNCS Disaster Training Modules - three disaster training modules are being developed by CNCS. See course list below. Once available, Volunteer WV Staff will review the courses and then recommend the ones that AmeriCorps Program Directors should take. We hope these modules will provide a deeper understanding of how national service engages in disasters.

1. Introduction to AmeriCorps Disaster Services DS-101

2. National Service in Disaster Response and Recovery DS-102

3. Basic Principles of Emergency Management and Disaster Services

6. Travel
   Volunteer WV expects members to help within their local jurisdiction when possible. Travel outside their local area is optional and subject to approval by their program site and Volunteer WV staff to ensure that it does not interfere with their regular AC service and that travel reimbursement is possible.

AmeriCorps Disaster Response Team Program

AmeriCorps programs interested in a deeper commitment to disaster response and recovery on a state and national scale, are encouraged to consider creating an AmeriCorps Disaster Response Team (ADRT) within their existing program. For more information, contact: Luke Wigle at LWigle@cns.gov and notify Volunteer WV staff of your interest.

Fundraising 

Members may raise funds directly in support of service activities that meet local, environmental, educational, public safety, homeland security, or other human needs. Members must receive pre-approval from the Education Alliance AmeriCorps staff before conducting any fundraising or grant writing.  

§ 2520.40 Under what circumstances may AmeriCorps members in my program raise resources?

(a) AmeriCorps members may raise resources directly in support of your program's service activities.

(b) 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.

(c) 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.

§ 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.

Purpose

AmeriCorps’s progressive discipline policy and procedures are designed to provide a structured corrective action process to improve and prevent a recurrence of undesirable member behavior and performance issues.

Outlined below are the steps of AmeriCorps’s progressive discipline policy and procedures. AmeriCorps reserves the right to combine or skip steps depending on the facts of each situation and the nature of the offense. Some of the factors that will be considered are whether the offense is repeated despite coaching, counseling or training; the member’s work record; and the impact the conduct and performance issues have on the organization.

Nothing in this policy provides any contractual rights regarding member discipline or counseling.

Procedure

Step 1: Counseling and verbal warning

Step 1 creates an opportunity for the site supervisor to bring attention to the existing performance, conduct or attendance issue. The supervisor should discuss with the member the nature of the problem or the violation of company policies and procedures. The supervisor is expected to clearly describe expectations and steps the member must take to improve his or her performance or resolve the problem.

Within five business days, the supervisor will prepare written documentation of the verbal counseling. The member will be asked to sign this document to demonstrate his or her understanding of the issues and the corrective action.

Step 2: Written warning

The Step 2 written warning involves more-formal documentation of the performance, conduct or attendance issues and consequences.

During Step 2, the site supervisor and the program deputy director will meet with the member to review any additional incidents or information about the performance, conduct or attendance issues as well as any prior relevant corrective action plans. Management will outline the consequences for the member of his or her continued failure to meet performance or conduct expectations.

A formal performance improvement plan (PIP) requiring the member’s immediate and sustained corrective action will be issued within five business days of a Step 2 meeting. The written warning may also include a statement indicating that the member may be subject to additional discipline, up to and including termination, if immediate and sustained corrective action is not taken.

Step 3: Suspension and final written warning

Some performance, conduct or safety incidents are so problematic and harmful that the most effective action may be the temporary removal of the member from the workplace. When immediate action is necessary to ensure the safety of the member or others, the site supervisor may suspend the member pending the results of an investigation.

Suspensions that are recommended as part of the normal sequence of the progressive discipline policy and procedures are subject to approval from a next-level manager and the President/CEO.

Pay may be restored to the member if an investigation of the incident or infraction absolves the member of wrongdoing.

Step 4: Recommendation for termination of service

The last and most serious step in the progressive discipline process is a recommendation to terminate service. Generally, the Education Alliance will try to exercise the progressive nature of this policy by first providing warnings, issuing a final written warning or suspending the member from the workplace before proceeding to a recommendation to terminate service. However, the Education Alliance reserves the right to combine and skip steps depending on the circumstances of each situation and the nature of the offense. Furthermore, members may be terminated without prior notice or disciplinary action.

Management’s recommendation to terminate service must be approved by the President/CEO.

Appeals Process

Members will have the opportunity to present information to dispute information management has used to issue disciplinary action. The purpose of this process is to provide insight into extenuating circumstances that may have contributed to the member’s performance or conduct issues while allowing for an equitable solution.

If the member does not present this information during any of the step meetings, he or she will have five business days after each of those meetings to present such information.

Performance and Conduct Issues Not Subject to Progressive Discipline

Behavior that is illegal is not subject to progressive discipline and may result in immediate termination. Such behavior may be reported to local law enforcement authorities.

Similarly, theft, substance abuse, intoxication, fighting and other acts of violence at work are also not subject to progressive discipline and may be grounds for immediate termination of service.

Finally, in instances where a member’s service placement has requested that the member not return to the site or finish his/her service with that placement due to safety concerns or disciplinary issues, the member is not subject to progressive discipline and such a request may be grounds for immediate termination of service.

Documentation

The member will be provided copies of all progressive discipline documentation, including all PIPs. The member will be asked to sign copies of this documentation attesting to his or her receipt and understanding of the corrective action outlined in these documents.

Copies of these documents will be placed in the member’s official service file.

Grievance Policy 

Volunteer West Virginia requires the Education Alliance AmeriCorps’ grievance policy follows CFR §2540.230. Volunteer West Virginia will receive and adjudicate any grievance received from an AmeriCorps program participant, labor organization or other interested individual concerning programs that receive assistance from the Corporation. If the grievance alleges fraud or criminal activity, it must immediately be brought to the attention of the Corporation's inspector general.

Upon receipt of the grievance or complaint, Volunteer West Virginia asks Education Alliance AmeriCorps to work to resolve the issue with the interested individual following the grievance policy below. This is the first step of the process and is called the Preliminary Complaint Resolution (PCR).

If the issue cannot be resolved with PCR within 30 days of the incident, then both parties will enter Alternative Dispute Resolution (ADR). In this phase Volunteer West Virginia will engage a neutral third party mediator or facilitator. Per CFR §2540.230 this must happen within 45 days of the original incident. At the initial session of the dispute resolution proceedings, the party must be advised by the neutral third-party in writing of his or her right to file a grievance and right to arbitration. If the matter is resolved, and a written agreement is reached, the party will agree to forego filing a grievance in the matter under consideration.

If the matter is not resolved within 30 calendar days from the date the informal dispute resolution process began, the neutral party must again inform the aggrieving party of his or her right to file a formal grievance. Except for a grievance that alleges fraud or criminal activity, a grievance must be made no later than one year after the date of the alleged occurrence. If resolution cannot be reached through neutral third-party mediation or facilitation, the process will move forward based on the recommendations of the neutral third-party in compliance with CFR §2540.230. Nothing herein shall prohibit a complainant from filing a grievance with state or federal agencies or bargaining units. 

Informal Resolution

The complainant and the program will resolve the matter informally whenever possible. If this cannot occur, the complainant may seek resolution through alternative means of informal Alternative Dispute Resolution (ADR), such as mediation or facilitation. 

1. The opportunity for ADR must be provided within 45 days of the alleged occurrence. 

2. At the initial session, the aggrieved must be informed in writing of their right to file a grievance, and of their right to arbitration.

3. A neutral, third party must facilitate the proceedings, and function specifically to aid the parties in resolving the matter through mutually achieved and acceptable written agreement. The neutral third party may not compel a resolution.

4. The proceedings must be informal, confidential, not binding (unless both parties agree), and the rules of evidence do not apply.

5. If the matter is not resolved within 30 days of initiation, the aggrieved must again be informed in writing of their right to file a formal grievance.

6. If the matter is resolved, and a written agreement is reached, the complainant will agree to forgo filing a grievance in the matter under consideration.

Filing a Formal Grievance

The person wishing to file a complaint or grievance regarding the program must submit a grievance complaint letter and use the procedure explained below.

1. Except for complaints alleging fraud or other criminal activity, complaints must be filed within one year of the date of the alleged occurrence.

2. The Education Alliance AmeriCorps program will conduct a hearing no later than 30 days after the filing of a formal grievance.

3. A decision on any such filed grievance will be made no later than 60 days after the filing. However, extensions may be granted for good faith.

4. Complaints must be in writing and filed with the Education Alliance AmeriCorps program.

5. Complaints should include, to the best extent possible, the following information: 

   1. The full name, telephone number, and address of the person making the complaint;

   2. 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;

   3. A clear and concise statement of the facts, as alleged, including pertinent dates, constituting the alleged violations;

   4. The provision of the act, regulations, grant, contract or other agreements under the act believed to have been violated; and

   5. The relief requested.

6. If ADR was used, that facilitator may not participate in the formal hearing.

7. No communication or proceeding from ADR may be referred to or used as evidence.

8. The arbitrator must be jointly selected and independent.

9. The hearing must within 45 days after the request for arbitration.

10. A decision must be made no later than 30 days after the beginning of the proceeding.

11. If the party filing the grievance prevails, the program must pay the costs incurred through the process. If the program prevails, the program and the aggrieved will evenly split the costs incurred through the process.

Filing an Appeal

1. If there is an adverse decision against the party who filed the grievance, or no decision has been reached after 60 days of filing a grievance, the complainant may submit the grievance in binding arbitration before a qualified arbitrator who is jointly selected and who is independent of the interested parties.

2. If the parties cannot agree on an arbitrator within 15 days after receiving a request from one of the parties, the grantor will appoint an arbitrator.

3. An arbitration proceeding must be held no later than 45 days after the request for arbitration. If the arbitrator is appointed by the grantor, the proceeding must occur no later than 30 days after the arbitrator’s appointment.

4. A decision must be made by the arbitrator no later than 30 days after the date the arbitration proceedings began.

5. The decision of the arbitrator is final.

6. The cost of the arbitration proceedings must be divided equally between the parties to the arbitration, unless the party requesting the grievance proceeding prevails. If the aggrieved prevails, the grantee must pay the total cost of the proceedings and reasonable attorney’s fees of the prevailing party incurred in connection with the proceeding.

7. To enforce the arbitration award, a suit may be brought in any federal district court having jurisdiction over the parties without regard to the amount in controversy.