Letters of Appointment Head Coach

Dear ---:

On behalf of the President, I am pleased to offer you reappointment to the position of Men's Golf Head Coach at San Jose State University. In addition to the applicable provisions of the policies of the California State University System and San Jose State University, your appointment includes the following:

1. Your appointment is at the classification of Coach Specialist, 12 month, Classification Code 2379, Exempt, and carries a salary of $--- payable over 12 months at $--- per month. This classification is included in collective bargaining Unit 3 - Faculty. Accordingly, the position being offered is subject to the terms and working conditions stated in the Agreement Between the Board of Trustees of the California State University and the California Faculty Association, Unit 3 - Faculty.

2. This appointment is subject to the statutes, collective bargaining agreements, policies and procedures of San Jose State University including, but not limited to, the right of San Jose State University to transfer, assign, reassign, layoff and discipline. It is specifically understood by the parties that San Jose State University retains the right to assign or reassign you to other positions with other duties during the term of this appointment.

3. You will receive pay raises that the state budget process and collective bargaining agreements provide for your rank during the term of your appointment.

4. Athletic coach appointments are temporary by nature, expire at the end of the term stated and do not establish any future appointment rights. The position of Men's Golf Head Coach, as is the case with all coaching positions, does not qualify for or lead to tenure, but may be extended on an annual basis. The effective dates of this appointment shall be from July 1, 2010 to June 30, 2011.

5. As Men's Golf Head Coach, you will report to the Director of Athletics. Your performance will be evaluated annually by the Director of Athletics. Please note that the university policy relating to appointment and evaluation for temporary faculty can be found at http://www.sjsu.edu/senate/S1 0-7.htm.

6. In addition to other administrative or teaching duties which the Director of Athletics may assign, the duties and responsibilities of the Men's Golf Head Coach are as follows:

Evaluate, recruit, train and coach student athletes to compete successfully against major college competition in a quality men's golf program.

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Supervise assistant coaches, including compliance by such coaches with San Jose State University, Western Athletic Conference and NCAA rules and regulations.

Determine scouting schedules for high school and college games.

Interview prospective players, their parents and coaches.

Contact media, alumni and civic groups.

Work to integrate sports into the whole spectrum of academic life to complement San Jose State University's educational mission.

Work within the rules, regulations, guidelines and policies of San Jose State University's athletic department.

Keep public statements complimentary to the athletics program and to San Jose State University.

Make every effort to ensure that all student athletes' academic requirements are met, including the development and implementation of a Coach's Academic Plan (CAP) for the men's golf team.

Prepare players for each competition and each season with dedication.

The men's golf team in 2010-11 will receive a mUlti-year APR (academic performance record) score of 925 or greater.

Establish and maintain a frequent and systematic program of personal communication with San Jose State University's student body, alumni and community supporters.

It is the policy of San Jose State University that all of its programs in intercollegiate athletics be operated in accordance with NCAA, Western Athletic Conference and San Jose State University policies and procedures. A violation of any law, rule, regulation, constitutional provision, bylaw or interpretation of San Jose State University, the Western Athletic Conference or the NCAA by you, a member of the men's golf coaching staff or any other person under your supervision and direction, including student athletes in the men's golf program, which violation may, in the reasonable and good faith judgment of San Jose State University, reflect adversely upon San Jose State University or its athletics program, including any violation which may result in San Jose State University being placed on probation by the Western Athletic Conference or the NCAA and including any violation which may have occurred during your prior employment at another NCAA member institution may lead to formal disciplinary action up to and including dismissal.

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8. While employed by San Jose State University as Head Coach of its men's golf team, you may engage in outside employment, but only upon the following terms and conditions:

a. Any outside employment shall not interfere with the full and complete performance by you of your duties and obligations as a San Jose State University ernployee, recognizing always that your primary obligations lie with San Jose State University and its students.

b. Prior to engaging in any outside · employment, you shall obtain the approval of the Director of Athletics, which approval shall not be unreasonably withheld.

c. In no event shall you accept or receive directly or indirectly any monies, benefit, or any other gratuity whatsoever from any person, corporation, San Jose State University affiliated or non-affiliated booster club or alumni association if such action would violate state, NCAA legislation or the constitution, bylaws, rules and regulations or interpretations of the NCAA and/or Western Athletic Conference, or San Jose State University policies.

d. Any outside employment is independent of your employment with San Jose State University and San Jose State University shall have no responsibility or liability for any claims arising there from. In no case shall San Jose State University be liable to you for the loss of any collateral business opportunities or any other benefits, perquisite or income resulting from activities such as, but not limited to, camps, clinics, media appearances, apparel or shoe contracts, automobile, tickets, consulting relationships or from any other source due to San Jose State University's reassignment or termination of your employment. You agree to hold harmless and indemnify San Jose State University from all suits, claims, demands, damages, liability, penalties, costs and expenses, including reasonable attorney fees, arising in any manner from your earning or attempting to earn outside income.

e. You shall report annually to the President of the University through the Director of Athletics all athletically-related income from sources outside San Jose State University, and San Jose State University upon request shall have reasonable access to all records necessary to verify such reports.

9. If another coaching opportunity is presented to you or should you be interested in another coaching position during your employment with San Jose State University, you must notify the Director of Athletics of such opportunity or interest and permission must be given to you by the Director of Athletics before any discussion can be held by you and the anticipated coaching position principals, which permission shall not be unreasonably withheld.

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1O. This letter of appointment completes and exhausts present San Jose State University commitments and voids any previous agreements between us. No commitment exists beyond those in this letter of appointment.

If you decide to accept this offer, please indicate in the space below and return the original of this letter to me. By accepting you certify that you are a United States citizen, permanent resident, or that you have legal authority to be employed for the term of this appointment. A copy is provided for your records.

Sincerely,

Thomas Bowen Director of Athletics

My signature below manifests my acceptance of the position as offered in this letter.

Signed__________________ Date ____________