Chapter 12: Administrative Policies
BREAK IN SERVICE
SUSPENSION
To determine whether sufficient evidence exists to start early termination proceedings for a member, the Corporation State Director may suspend the AmeriCorps VISTA member for up to 30 days. A suspension period is not necessary if the State Director has determined that sufficient grounds already exist to initiate termination. In this event, the termination procedures in 45 CFR Part 1210.3-4 are followed (see Appendix C).Notice of suspension may be written or verbal and is effective upon delivery to the member. If notice of suspension is verbal, the suspension becomes effective when the verbal notice is made. However, within three workdays of verbal notice, the member receives a written notice of suspension describing the reason for the suspension. During the suspension period, the member may not engage in project activities, but continues to receive all allowances.
At the end of the suspension period, the member must either be:
- Allowed to continue with his or her project
- Reassigned to another project
- Subject to the initiation of early termination proceedings under the for-cause termination procedures
- Subject to termination for the lack of suitable assignment procedures
ADMINISTRATIVE HOLD STATUS
If the Corporation State Director determines that you should not perform on a project for a period, but that you may be able to resume your service within 30 days, the Corporation State Director will place you on administrative hold. During the time you are on administrative hold, you are still an AmeriCorps VISTA member and are subject to all AmeriCorps VISTA policies.At the discretion of the Corporation State Director, while you are on administrative hold, your living allowance may continue. The living allowance may cease if you are engaged in activities the Corporation cannot support, if you are engaged in serious misconduct, or if you do not return to service within 30 days.
Your end-of-service stipend or education award accrues during the administrative hold period. Payment of your life insurance premium continues if your living allowance continues. Other payments, such as service-related travel, cease.
DEFERRAL OF SERVICE
During the course of AmeriCorps VISTA service, if you have to leave your AmeriCorps VISTA service for a period of more than 30 days and up to two years but your departure is due to extenuating circumstances, you may be placed in deferral of service status by the Corporation State Director or designee. Deferral of service status rarely happens.Examples of extenuating circumstances that may justify a deferral of service status are the need to take military reserve leave or jury duty leave for more than 30 days.
Such extenuating circumstances are quite limited. You are not accorded deferral of service status if you are removed from AmeriCorps VISTA service for circumstances related to your proposed termination, your termination for cause, your removal from a project, or your suspension, as discussed in the "Early Termination," "Removal From Project," and "Suspension" sections.
If you are placed in deferral of service status, you may be reinstated into AmeriCorps VISTA service within one year without resubmitting an entire member application form and without attending another Pre-Service Orientation. If your deferral of service status extends beyond one year, to be reinstated, the Corporation State Office may require you to resubmit a new member application form and attend another Pre-Service Orientation.
During the time you are in deferral of service status, any or all allowances and end-of-term benefits are discontinued, including your living allowance, your accrual of the end-of-service stipend, your accrual of the education award, and your service-related travel reimbursement. If you return to successfully complete your service following a period of deferral, you are eligible to receive the end-of-service stipend or the Segal AmeriCorps Education Award, whichever is applicable
CHANGE IN SERVICE
TRANSFER TO ANOTHER AmeriCorps VISTA PROJECT
Transfer between projects is an uncommon occurrence, but it is sometimes warranted. The Corporation may approve the transfer of an AmeriCorps VISTA member to a different project during a term of service. The Corporation State Director may approve transfers when he or she determines all three of the following conditions are met:
- The member has the necessary qualifications and desires to continue service but, through no fault of his or her own, is unable to do so at the current project assignment
- The member has at least six months of service remaining in his or her current term, although the State Director may waive this requirement
- The project sponsoring organization that would be receiving the member concurs in the transfer after contacting the former sponsoring organization or the Corporation State Office for an evaluation or assessment of the AmeriCorps VISTA member
If all of the qualifications above are met and another suitable project is unavailable, the member is terminated and the end-of-service benefits are prorated.
EARLY DEPARTURE FOR ANOTHER AMERICORPS PROGRAM
In addition to AmeriCorps VISTA, AmeriCorps has two other major community service programs. They are the AmeriCorps*National Community Civilian Corps (AmeriCorps*NCCC), and the AmeriCorps*State and National program. The Corporation supports members who are serving in one AmeriCorps program to continue their commitment to service by serving in another stream of service-that is, in another AmeriCorps program. To that end, AmeriCorps VISTA members are encouraged to serve in another AmeriCorps program following their AmeriCorps VISTA service.
There may be instances when an AmeriCorps VISTA member who has nearly completed AmeriCorps VISTA service is accepted into one of the other two AmeriCorps programs and is required to depart AmeriCorps VISTA service early to start training or service in another AmeriCorps program. To accommodate such an instance, an AmeriCorps VISTA member who has completed at least 335 days of service may transfer from AmeriCorps VISTA to either AmeriCorps*NCCC or AmeriCorps*State or National to meet a window of opportunity to enter either of these two programs.
The AmeriCorps VISTA member is required to prove acceptance by the other AmeriCorps program to receive a prorated education award or end-of-service stipend. The AmeriCorps VISTA member may do so by submitting written proof of such acceptance to the state office.
In such cases, AmeriCorps VISTA members are eligible for a prorated portion of the education award or end-of-service stipend corresponding to that portion of the term served. For example, an AmeriCorps VISTA member who has served 350 days would be eligible to receive 96 percent of the education award or 96 percent of the end-ofservice stipend (350 divided by 365 = .959).
SEPARATION FROM SERVICE
DESELECTION AT PRE-SERVICE ORIENTATION
To ensure that AmeriCorps VISTA sponsoring organizations receive members who meet or exceed the expectations of Pre-Service Orientation, the Corporation may deselect an AmeriCorps VISTA member candidate from Pre-Service Orientation before assignment for any of the following reasons:
- Failure to meet training selection standards which include, but are not limited to, the following types of conduct:
- Inability or refusal to perform training assignments
- Disruptive or inappropriate conduct during the Pre-Service Orientation event
- Failure to attend sessions
- Refusal to accept member placement
Procedures for deselection of AmeriCorps VISTA trainees are reprinted in full in Appendix C.
EARLY TERMINATION FOR CAUSE
The Corporation may terminate you as an AmeriCorps VISTA member based on yourconduct (termination for cause) for the following reasons:
- Conviction of a criminal offense under federal state, or local statute or ordinance
- Violation of any provision of the Domestic Volunteer Service Act of 1973, as amended, or a Corporation regulation, policy, or guideline Failure, refusal, or inability to perform prescribed project duties as outlined in the project application or assignment description and as directed by the sponsoring organization to which you are assigned
- Involvement in activities that substantially interfere with your performance of project duties
- Intentional false statement, omission, fraud, or deception in obtaining selection as a member
- Any conduct on your part that substantially diminishes your effectiveness as an AmeriCorps VISTA member, including, but not limited to, acting in an unprofessional manner, failing to comply with sponsoring organization requirements, or skipping mandatory training sessions
- Unsatisfactory performance of assignment
- Engagement in employment
- Enrollment in educational classes without Corporation approval
MEDICAL TERMINATION
If you are unable to resume project duties because of a medical condition, or if it reasonably appears that you are not able to resume your project duties within the approved medical leave period, you are subject to medical termination and will be given the opportunity to resign from service in lieu of termination. The Corporation State Director decides whether to terminate you for medical reasons on the basis of information received from your attending caregiver or other information obtained by the Corporation. As soon as possible, you are provided with a written notice of medical termination, including the proposed termination date. This written notice of medical termination (with the proposed termination date) precedes the date on which you are actually medically terminated.
You may appeal the Corporation State Director's decision for medical termination. If you choose to appeal, you must submit a written petition and supporting documentation within 15 days of receiving the written notice of medical termination. The written appeal and supporting documentation is submitted to:
- Office of the AmeriCorps VISTA Director
Corporation for National and Community Service
1201 New York Ave., NW
Washington, DC 20525
If you wish to file a discrimination complaint related to the medical termination, you should follow the procedures in 45 CFR Part 1225 (see Appendix C).
The Office of the AmeriCorps VISTA Director reviews all information submitted and may request additional information from your attending physician or other sources. After review of all pertinent documentation, the AmeriCorps VISTA Director renders a final decision on your appeal. If the appeal is upheld, you are reinstated into AmeriCorps VISTA service retroactive to the date of termination. Your appeal of a medical termination decision is not subject to the administrative appeals procedure set forth in 45 CFR Part 1210 or the grievance appeals procedure set forth in 45 CFR Part 1211 (see Appendix C).
If a former member wishes to reenter service following medical termination and a recovery period, he or she must submit a request to the Corporation State Director accompanied by a statement from the attending physician on the former member's ability to return to service. The Corporation State Director may reinstate the member if an appropriate placement is available, provided the member is deemed to be able to perform the duties of the position.
The Corporation may seek additional medical consultation in such cases if deemed necessary. If the member is reinstated within one year of medical termination, the member may "make up" the remaining service days necessary to complete the 365 days to be credited with the education award for one term of service. If more than one year has elapsed since the member's medical termination date, the member will have to resubmit all updated administrative forms and review and agree to the AmeriCorps VISTA terms, conditions, and benefits of service. If more than two years have lapsed, the member must attend another Pre-Service Orientation.
You are entitled to a prorated education award or stipend when you are terminated for medical reasons.
REMOVAL FROM PROJECT
Removal of an AmeriCorps VISTA member from serving in a particular project assignment sometimes occurs. There are two general ways such a removal may occur: (1) a project requests a member's removal, or (2) a project cannot continue to operate all or part of its AmeriCorps VISTA program.
With regard to the first way, the project must request the removal in writing to the state office, and the request must be supported by a statement of reason. The request may be made by, as appropriate:
- The governor or chief executive officer of the state, or the chairperson, chief, or governor of an Indian nation in which the member is assigned
- The sponsoring organization
The sole authority for terminating or transferring a member rests with the Corporation. The sponsoring organization's or the governor's office request for removal of a member, including a written statement addressing the circumstances, must be submitted to the Corporation State Director, who notifies the member of the request. The Corporation State Director or designee, after discussions with the member, will attempt to resolve the situation with the organization within 15 days. For some activities, or because of a potential disruption in permitting the member to remain at site, the Corporation State Director may remove the member before the 15-day period elapses. The member is notified in writing of his or her administrative hold status, whether he or she will receive allowances, and the prohibition on engagement in any project-related activities during that period.
The Corporation State Office will take one of the following actions concerning a member who has been requested to be removed from a project assignment:
- Accept the member's resignation from the AmeriCorps VISTA program.
- If removal was requested for reasons other than those listed above in "Early Termination from Service," the Corporation State Office will be available to assist the member in locating another suitable assignment by providing the member a list of other operative AmeriCorps VISTA projects in the state. If an appropriate reassignment is not possible, the member is terminated from AmeriCorps VISTA service for lack of suitable assignment and given special consideration for reinstatement if a suitable assignment is found. There are no 45 CFR Part 1210 appeal rights for early termination for lack of suitable assignment. Members may grieve terminations for lack of suitable assignment under 45 CFR Part 1211 (see Appendix C).
- If removal from the project is for a reason listed above in "Early Termination from Service," the member may appeal the early termination to establish whether such termination from AmeriCorps VISTA service is supported by sufficient evidence. Termination appeal procedures are outlined in 45 CFR Part 1210.
- If the Corporation determines that removal from the project based on a reason cited under "Early Termination from Service" is not established by adequate evidence, the Corporation will attempt to reassign the member to the member's original project or to another project using the procedures outlined both here and below for lack of suitable assignment. There are no 45 CFR Part 1210 appeal rights for early termination for lack of suitable assignment. Members may grieve terminations for lack of suitable assignment under 45 CFR Part 1211.
With regard to the second way a member may be removed from a project assignment, the removal may occur because a project cannot continue to operate all or part of its AmeriCorps VISTA program. Examples of this type of removal from a project happen when the Memorandum of Agreement between the Corporation and the sponsoring organization is terminated or not renewed. In such cases, the member is placed in administrative hold status while the Corporation State Office attempts to reassign the member to another project. If no appropriate reassignment is found within the administrative hold period, the member may be terminated for lack of suitable assignment and receive special consideration for reinstatement as soon as an appropriate assignment becomes available. If an appropriate reassignment is offered to the member and declined, the Corporation has no obligation to offer additional or alternative assignments.
TERMINATION FOR LACK OF SUITABLE ASSIGNMENT
If a sponsoring organization or other appropriate entity, such as a governor's office, requests that an AmeriCorps VISTA member be removed from a project for reasons other than those listed above in "Early Termination from Service," the Corporation State Office is available to assist the member in locating another assignment by providing the member a list of AmeriCorps VISTA projects in the state. If reassignment is not possible, the member is terminated from AmeriCorps VISTA service for lack of a suitable assignment and given special consideration for reinstatement if a suitable assignment is found later.A member who is terminated for lack of an alternative suitable assignment is entitled, only in limited circumstances, to a prorated education award or end-of-service stipend. A member is so entitled if there are no suitable alternative assignments available to the member at the time the state office and the member attempt to locate them. The determination as to whether there are any suitable alternative assignments is made by the state office. A member's lack of interest or preference for the new assignment to be similar to the member's prior project assignment is not sufficient reason why a possible alternative assignment is not suitable.
If a member is offered an appropriate reassignment and declines the new assignment, the Corporation has no obligation to offer additional or alternative assignments. In this instance, the member is not eligible to receive a prorated education award or end-of-service stipend.
A member terminated early for lack of suitable assignment does not have appeal rights under 45 CFR Part 1210; however, the member may grieve termination for lack of suitable assignment under 45 CFR Part 1211.
RESIGNATION
If the Corporation State Office believes that you may be subject to "for-cause termination" for any reasons cited above in "Early Termination or Suspension from Service," a Corporation State Office staff member will discuss the matter with you. If, after the discussion, the staff member believes that grounds for termination exist, you will be given an opportunity to resign in lieu of being terminated. You, or a designee, may inform the Corporation State Office in writing that you are resigning. If you choose not to resign, the administrative procedures outlined in 45 CFR Part 1210.3-4 et. seq. will be followed (see Appendix C).You may also choose to resign from service for personal reasons. You may resign at any time by providing a two-week notification to the sponsoring organization and the Corporation State Office. When practicable, notice of resignation should be given 30 days in advance to ensure that your departure will be minimally disruptive to the project.
Abandonment of an AmeriCorps VISTA project site by a member may be treated as a voluntary or de facto voluntary resignation.
Members who intend to resign early from their assignment should complete Form A-732, AmeriCorps VISTA Future Plans or Early Termination Request, and forward it to their supervisor to submit to the Corporation State Office (see Appendix B). It is important to notify the Corporation State Office in time to avoid overpayment of the biweekly living allowance and other member allowances and benefits.
REINSTATEMENT OF SERVICE
A member may be reinstated into AmeriCorps VISTA service within one year of termination-if the termination is not for cause- without resubmitting an entire member application form and usually without attending another Pre-Service Orientation. The Corporation State Director who is responsible for the reinstated member requires those portions of the application necessary to update the member's activities since leaving the program. The Corporation State Director will also request a recommendation from the former sponsoring organization/supervisor and former State Director, as appropriate, regarding the member's previous AmeriCorps VISTA service and qualifications.
When a member is removed from a project because of the project's noncompliance with the Memorandum of Agreement between the Corporation and the sponsoring organization and the member is able to be reinstated within one year of termination, the member may "make up" the remaining service days necessary to complete the 365 days in order to be credited with the education award for one term of service.
If more than one year has elapsed since the member's termination date, and the member was not in deferral of service status during that time (see the "Deferral of Service" section above), an updated application form and references must be submitted to the Corporation for evaluation and clearance before reinstatement. The member will have to attend another Pre-Service Orientation.
Reinstatement into AmeriCorps VISTA service is subject to the availability of funds for member support and a suitable assignment for the former member.
