Beckwith Residential Support Services Contract

Terms and Conditions — Academic Year 2014-2014

All students planning to live on the first floor of Nugent Hall and receive Beckwith Residential Support Services must read the terms and conditions of residency and sign the contract by May 15th, 2014.

  1. Support Services
  2. Eligibility
  3. Service Period
  4. Payments
  5. Non-payment
  6. Early Termination – Initiated by Student
  7. Early Termination – Initiated by the University
  8. Transitional Disability Management Plans
  9. Notices
  10. Assignment of Rights
  11. Compliance with Policies and Laws
  12. Force Majeure
  13. Amendments
  1. SUPPORT SERVICES. Upon acceptance and approval of Student’s Contract, the Board of Trustees of the University of Illinois on behalf of its Beckwith Residential Support Services (“University”) agrees to provide to Student residential support services on the first floor of Timothy J. Nugent Residence Hall subject to these Terms and Conditions (“Support Services”).  Students may receive direct and/or indirect Personal Assistant (PA) Services as agreed to between the parties.
    1. Direct services are those individual PA services provided by PA staff chosen by the individual Student and which are scheduled and supervised by each individual student with a disability.  This may consist of morning and evening care and assistance with activities of daily living.
    2. Indirect services are those services scheduled and supervised by the Beckwith Associate Director, e.g., floaters.
    3. Students are restricted to a maximum of five (5) hours per day of PA service, except Students who need to be fed may receive a maximum of seven (7) hours per day.  Eligibility for the extra two hours will be determined by the Beckwith Associate Director.

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  2. ELIGIBILITY.
    1. Students must be enrolled at the University of Illinois at Urbana-Champaign and have completed an application for services to the Division of Disability Resources and Educational Services (DRES) which has been approved by DRES.
    2. Students must be assigned space on the first floor of Timothy J. Nugent Hall under a contract with University Housing unless another location has been approved in writing by the DRES Director.
    3. Students must be examined by their personal physician and deemed by their physician to be in good health.  Support Services cannot be provided to Students that are deemed to be in poor and/or unstable health, which would exceed the service capacity of the University.  Students are required to have a signed letter from their physician with a statement to this effect at the beginning of each academic year, as well as prior to the beginning of the spring term if any surgeries/procedures/changes occurred.  The University reserves the right to require additional documentation if there is or appears to be a change in medical status during the semester.
    4. The University reserves the right not to enter into or terminate this Contract for anyone who, in the judgment of the University, represents a threat to the health or safety of University students, employees, or other University constituents.

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  3. SERVICE PERIOD.  This agreement is for the entire academic term set forth on the Contract except as set forth below and unless earlier terminated as provided for herein.
    1. Services for first time Students will begin the Tuesday of Move-In Week for the applicable term.  Services for returning Students will begin when the facility officially opens for occupancy.  Services will extend through the last day of spring semester final examinations, excluding University vacation periods and the period between semesters.  Support Services will not be offered during fall vacation, the period between semesters, during spring break or during any other times University Residence halls are closed.
    2. Mentors and Live-in PAs move in the Monday of Move-In Week.

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  4. PAYMENTS.  The Student agrees to pay the applicable rate for Support Services as specified on the Contract for the entire academic year.  Student is responsible for all payments and other obligations provided for herein consistent with University requirements.
    1. The amount due each semester shall be billed through University Student Financial Services & Cashier Operations.  Billing information can be obtained on the USFSCO e-bill website.
    2. If a University grant or loan is obtained, the total amount for Support Services will be deducted from the grant or loan when the first payment is due.
    3. If payments are made by third-party agencies (e.g., State Vocational Rehabilitation Services), Student must notify the University official identified herein to seek additional time for payment to avoid being encumbered.  All applicable University late fees may still apply.

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  5. NON-PAYMENT.  In the event Student fails to satisfy the financial obligations accrued under this agreement, then the University may in its sole discretion and in addition to any other remedies available at law and equity deny further Support Services and terminate this agreement.  In the event of termination of Support Services, the Student must relocate to other Housing Division space pursuant to the Terms and Conditions of his/her University Housing Contract.

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  6. EARLY TERMINATION – INITIATED BY STUDENT
    1. Students are obligated to fulfill the terms of this agreement for the entire academic year. Withdrawal or dismissal from the University or vacating the premises does not automatically terminate this agreement.  Charges will continue to accumulate under this agreement until a Release has been requested by the Student and approved by the proper University official(s). Student acknowledges that the Beckwith Residential Support Services is a self supporting program with limited capacity.  In the event of termination by the student, the timing is critical to enable other eligible students to use the space in any given term. Certain fees will be charged to the Student in the event of termination by the Student to reflect these facts.
    2. Procedures for Obtaining a Release.
        1) A Release request that is received prior to occupancy and before midnight, May 15 (or December 1st for a contract for the spring semester) must be submitted in writing to the address listed in the "Notices" section of this agreement.  Upon granting of the request, no charges shall be due under this agreement.
        2) A Release request that is received prior to occupancy but after midnight, May 15 (or December 1st for a contract for the spring semester) must be submitted in writing to the Beckwith Director.  The request must state the reason for requesting termination.  If granted, a fee will be charged equal to 25% of the total agreement, not as a penalty, but as liquidated damages.
        3) A Release request that is received after occupancy must be submitted in writing to the Beckwith Director.  The request must state the reason for requesting termination.  If granted, a fee will be charged equal to the full contract balance for the remainder of the agreement term unless one of the conditions set forth in 6(c) is met.  This amount is not a penalty but is liquidated damages.
    3. If one of the following conditions are met and proven by the Student to the satisfaction of the University, the Student will be charged only through the calendar week in which the agreement is terminated.
        1) The Student is no longer enrolled or will not be attending classes at the UIUC campus;
        2) The Student gets married during the term of the agreement and will no longer reside in University Housing;
        3) Unforeseen and documented health reasons make it impractical for the Student to continue with the services; or
        4) Unforeseen and documented financial reasons make it impractical for the Student to continue with the services (e.g. failure of 3rd party payer to remit payment).

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  7. EARLY TERMINATION – INITIATED BY THE UNIVERSITY.
    1. The University may terminate this Agreement with our without cause.  Causes for termination include but are not limited to:
        1) failure of Student to satisfy the eligibility requirements, including maintaining student status at the UIUC campus;
        2) breach of any of the terms of this agreement by Student;
        3) if the Support Services needed or desired by the Student are beyond the ability of the University to provide with its then current staff and/or resources; or
        4) if, in the judgment of the University, a Student’s actions are deemed to be detrimental to residential life for himself or others.
    2. The University will provide the Student with a written basis for the decision to terminate services.  If applicable, the Student may be given an opportunity to respond to or cure the basis for the termination if doing so would not pose an undue burden on the University or its other Support Services recipients.
    3. In the event of termination by the University, the Student will not be allowed to remain on the first floor of Timothy J. Nugent Hall. Students may be able relocate to other Housing Division space as available pursuant to the terms and conditions of their Housing Contract.

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  8. TRANSITIONAL DISABILITY MANAGEMENT PLANS.  Students are encouraged, but not required to enroll in the Transitional Disability Management Plan (TDMP).  Students who do participate in TDMP and meet their determined goals are eligible to receive scholarship/award money for the first two semesters of involvement.  All Students who actively participate in the TDMP are given priority for residency on the first floor of Timothy J. Nugent Hall should there be a waiting list to live on the first floor of Timothy J. Nugent Hall and receive Beckwith Residential Support Services the following academic year.  Those Students who do not actively participate in the TDMP will be placed on a waiting list for residency below incoming Students, should there be a waiting list to live on the first floor of Timothy J. Nugent Hall; and there will be NO guarantee of a room assignment.

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  9. NOTICES.  All Notices or inquiries shall be made to the following:
    To the University:

    Paige Lewis, Disability Specialist

    BECKWITH RESIDENTIAL SUPPORT SERVICES

    Timothy J. Nugent Hall –MC 540

    207 East Gregory Drive

    Champaign, IL  61820-9195

    All notices due to the Student by the University may be provided either hand delivery, via the Student’s University email account or other email address provided by Student, or by first class mail postage prepaid.

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  10. ASSIGNMENT OF RIGHTS.   Student shall not attempt to sell, sublease, or assign his or her rights or responsibilities under this Contract under no circumstances.  Any attempt to do so shall be void.  The University reserves the right to retain subcontractors to provide the Support Services herein.

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  11. COMPLIANCE WITH POLICIES AND LAWS.  Student shall comply with all applicable laws, rules and regulations of all state and federal authorities having jurisdiction over this agreement.  Student shall further comply with the policies, rules and regulations stipulated in the "Beckwith Residential Support Services Handbook,” the University of Illinois Housing Division’s Hallmarks Policies, and additional rules and regulations governing the conduct of students which are now in effect and that may be adopted and published by the University during the term of this agreement.

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  12. FORCE MAJEURE.  In the event that either party is unable to fulfill its obligations due to damage or destruction of the premises where services will be provided, acts or regulations of public authorities, labor difficulties, civil tumult, strike, epidemic, extreme weather or any unforeseen occurrence rendering performance impossible, the affected party will not be held legally responsible for any damages arising from the same.

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  13. AMENDMENTS.  The University reserves the right to make changes to this agreement or in the applicable rates during the term of this agreement.  After notification of such changes, the Student has fourteen (14) calendar days to accept or reject the changes.  If the Student rejects the changes in writing, the remaining portion of the Contract will be canceled and the Student must relocate to other Housing Division space as available pursuant to the terms and conditions of their Housing Contract.  If no written notice is received by the Director within fourteen (14) calendar days, the amended terms shall take effect.

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Reviewed by Legal 04/9/10RRP