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DocuSign Envelope ID: 981CB658-E1FB-44E7-A57E-4A9AF7C0B603

THIRD AMENDMENT TO EMPLOYMENT AGREEMENT AND


NOTICE OF APPOINTMENT FOR HEAD COACH

This Third Amendment to Employment Agreement and Notice of Appointment for Head Coach is
made between Oregon State University (“University”) and Wayne Tinkle (“COACH”). This Third
Amendment is effective the date of last signature and amends the Employment Agreement and
Notice of Appointment for Head Coach between the parties dated July 31, 2014 by last
signature, as amended by the Amendment to Employment Agreement and Notice of
Appointment for Head Coach between the parties dated September 18, 2014 by last signature,
and as amended by the Second Amendment to Employment Agreement and Notice of
Appointment for Head Coach between the parties dated June 3, 2016 by last signature
(“Agreement”).

A. Section 1e is hereby added to the Agreement as follows:

“e. (1) Comply with NCAA, Conference Rules. COACH shall comply with rules, regulations,
and advisory opinions of the NCAA and of the Conference, as presently in effect or as
amended from time to time during the Term of the Agreement. COACH acknowledges
that COACH has reviewed the conduct requirements for athletics personnel in NCAA
Bylaw 11.1 and agrees to comply. COACH is responsible for engaging in best
reasonable efforts designed to ensure that all of the assistant coaches, administrators,
and any other personnel subject to COACH’s control or supervision comply with the
above policies, rules, and regulations.

(2) Comply with Policies. COACH shall comply with (i) all applicable policies and
procedures as reasonably set forth by the Director (including without limitation the
recruiting of prospective student athletes and the eligibility of current student
athletes), and (ii) all applicable University policies and standards.

(3) Report to Title IX Coordinator. COACH shall timely report to the University’s Title IX
Coordinator any alleged violations of the University’s Sexual Misconduct and
Discrimination Policy (including but not limited to, sexual misconduct, sexual
harassment, sexual assault, sexual exploitation, intimate partner violence, and
stalking) of which COACH becomes aware that involve any student, faculty, or staff, or
that occurred during a University sponsored activity or event, or that occurred on
University property. In addition, any emergency situation should first immediately be
reported to 911 or law enforcement.

(4) Not Condone a Violation of NCAA Legislation, Conference Rules, University Policy,
Oregon or Federal Law Including Criminal Law. COACH shall not condone a violation
of NCAA legislation, conference rules, University policy, Oregon or federal law
including criminal law (any of which is a “Violation”) by a member of the Team’s
coaching staff or any person under COACH’s supervision and direction, including a
student athlete. For purposes of this Section “condone” means: (a) COACH’s actual
knowledge of and complicity in a Violation by a member of the Team’s coaching staff
or any person under COACH’s supervision and direction, including a student athlete;
or (b) COACH’s failure to report a known Violation by a member of the Team’s
coaching staff or any person under COACH’s supervision and direction, including a

Third Amendment to Employment Agreement and Notice of Appointment – Tinkle Page 1 of 7


DocuSign Envelope ID: 981CB658-E1FB-44E7-A57E-4A9AF7C0B603

student athlete, to the Director within a reasonable amount of time. For purposes of
this Section a “known Violation” means a Violation the COACH becomes aware of, or
has reasonable cause to believe, is taking place or may have taken place.

(5) Responsibility to Cooperate. COACH agrees to cooperate fully with any


investigation by the University, Conference, or the NCAA. COACH’s obligation to
cooperate survives termination or expiration of this Agreement. Such cooperation
includes, without limitation, cooperation with any internal University investigation,
with NCAA enforcement staff, the NCAA Complex Case Unit, the NCAA Committee on
Infractions, the NCAA Independent College Sports Adjudication Panel and the NCAA
Infractions Appeals Committee in order to further the objectives of the NCAA, its
infractions program, and its independent alternative resolution program. As set forth
in NCAA Bylaw 19.2.3, “full cooperation” includes, but is not limited to:

(i) Affirmatively reporting instances of noncompliance to the NCAA via standard


University process (e.g. reporting to Director or Compliance Office) in a timely
manner and assisting in developing full information to determine whether a
possible violation has occurred and the details thereof;

(ii) Timely participation in interviews and providing complete and truthful


responses;

(iii) Making a full and complete disclosure of relevant information, including timely
production of materials or information requested, and in the format requested;

(iv) Disclosing and providing access to all electronic devices used in any way for
business purposes;

(v) Providing access to all social media, messaging and other applications that are
or may be relevant to the investigation; and

(vi) Preserving the integrity of an investigation and abiding by all applicable


confidentiality rules and instructions.”

B. Section 2 is hereby replaced in its entirety with the following:

“a. COACH’s employment under this Agreement is for a fixed term period beginning May
19, 2014 and ending June 30, 2023 (the “Term”). The Years of this Agreement are
defined as follows:

Year 1 May 19, 2014 - June 30, 2015


Year 2 July 1, 2015 - June 30, 2016
Year 3 July 1, 2016 - June 30, 2017
Year 4 July 1, 2017 - June 30, 2018
Year 5 July 1, 2018 - June 30, 2019
Year 6 July 1, 2019 - June 30, 2020

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DocuSign Envelope ID: 981CB658-E1FB-44E7-A57E-4A9AF7C0B603

Year 7 July 1, 2020 – June 30, 2021


Year 8 July 1, 2021 – June 30, 2022
Year 9 July 1, 2022 – June 30, 2023

This Agreement is subject to the rules, standards and policies of the University
including all provisions that apply to fixed-term appointments, except as provided in
this Agreement.

b. If at any time during the Term the Team participates in the NCAA Tournament, Year
10 (July 1, 2023 – June 30, 2024) will be added to this Agreement by written
amendment and the Term will end June 30, 2024. Within a reasonable time following
completion of the Team’s participation in the NCAA Tournament, COACH and Director
will have a 30 day period to negotiate the terms and conditions that will apply to Year
10 (including without limitation the Annual Base Salary and Media/Public Relations
Commitment). If COACH and Director are unable to agree on all the terms and
conditions for Year 10 within the 30 day period, then the same terms and conditions
of this Agreement that apply for Contact Year 9 will apply to Year 10 (except for this
Section 2b).”

C. Section 3 is hereby replaced in its entirety with the following:

“Except for Year 1, which is calculated for a period of more than 13 months, the annual
salary rate shall be calculated for 12 months at 1.0 FTE and shall be paid by University to
COACH on a monthly basis, consistent with University payroll practices for all other head
coaches, throughout each Year:

Year 1 $300,000
Year 2 $320,004
Year 3 $578,004
Year 4 $612,000
Year 5 $646,008
Year 6 $680,004
Year 7 $714,000
Year 8 $748,008
Year 9 $782,004”

D. Section 4 is hereby replaced in its entirety with the following:

“University, either through third parties or on its own, markets radio and television
coaches shows and similar programming. University may also have obligations under
agreements with suppliers of athletic shoes and apparel. COACH is obligated as part of his
duties to participate in this programming and to participate in other media and public
relations activities as reasonably assigned by the Athletic Director, including but not
limited to speaking engagements and public appearances. For his participation in these
activities, University guarantees COACH will receive the annual amount of compensation
set forth below. Except for Year 1, which is calculated for a period of more than 13
months, the annual bonus rate shall be calculated for 12 months at 1.0 FTE and shall be

Third Amendment to Employment Agreement and Notice of Appointment – Tinkle Page 3 of 7


DocuSign Envelope ID: 981CB658-E1FB-44E7-A57E-4A9AF7C0B603

paid by University to COACH on a monthly basis, consistent with University payroll


practices for all other head coaches, throughout each Year:

Year 1 $ 500,004
Year 2 $ 580,008
Year 3 $1,122,000
Year 4 $1,188,000
Year 5 $1,254,000
Year 6 $1,320,000
Year 7 $1,386,000
Year 8 $1,452,000
Year 9 $1,518,000”

E. Section 6 is hereby replaced in its entirety with the following:

“a. University agrees to pay to COACH the following specified amounts in any year in
which the Team achieves the following and COACH is coach of the Team at the time of
the event:

(1) For each year in which the Team has a winning record (winning more than
50% of the regular season Pac-12 games) in regular season Pac-12
Conference play University will pay COACH $25,000 as additional
compensation.

(2) For each year in which the Team is the Pac-12 regular season champion
(including ties) University will pay COACH $100,000 as additional
compensation.

(3) For each year in which the Team participates in the NCAA Tournament
University will pay COACH $150,000 as additional compensation.

(4) For each game the Team wins in the NCAA Tournament University will pay
COACH $100,000 as additional compensation.

(5) For each year in which the Team participates in the NIT University will pay
COACH $30,000 as additional compensation.

(6) For each year in which the Team participates in the NIT Sweet Sixteen
University will pay COACH $30,000 as additional compensation.

(7) For each year in which the Team participates in the NIT Final Four University
will pay COACH $30,000 as additional compensation.

(8) For each year in which the Team wins the NIT Championship University will
pay COACH $30,000 as additional compensation.

Third Amendment to Employment Agreement and Notice of Appointment – Tinkle Page 4 of 7


DocuSign Envelope ID: 981CB658-E1FB-44E7-A57E-4A9AF7C0B603

b. University agrees to pay to COACH the following specified amounts in any year in
which COACH receives the following and COACH is coach of the Team at the time of
the event:

(1) Pac-12 Conference COACH of the Year - $25,000

(2) National COACH of the Year - $50,000

c. The amounts in Section 6(a) and 6(b) are cumulative. Payment will be made no later
than June 30 of the year in which COACH is entitled to payment under this Section 6.”

F. In Section 7(b)(A)(2), references to “June 30, 2022” are hereby replaced with “the end of
the Term”.

G. Section 10b is hereby replaced in its entirety with the following:

“Coach shall provide a report to the Director at least once annually of all athletically
related income or benefits from sources outside the University, including, but not limited
to, income from annuities, sports camps, housing benefits, complimentary ticket sales,
television and radio programs, and endorsement or consultation contracts with athletic
shoe, apparel, or equipment manufacturers. Reports shall be made at the direction of, and
on forms provided by the Director or designee. The Director or designee shall forward
reports to the President and a copy shall be retained in the faculty personnel file of the
Coach. Coach agrees that the approval of all athletically related income and benefits shall
be consistent with the University’s policy related to outside income and benefits
applicable to all full-time employees.”

H. Section 14 is hereby renamed Termination – Other Events, the existing paragraph is


renumbered 14a and Section 14b is added as follows:

“b. In the event the President of the University directs discontinuation of the Team’s
sport, University may terminate COACH’s employment under this Agreement by giving 60
days written notice to COACH, such termination to become effective no earlier than 60
days after University’s delivery of such written notice. In the event University terminates
COACH’s employment under this Agreement for discontinuation of the Team’s sport prior
to the end of the Agreement, all obligations of University to make further payments and
to provide other consideration under this Agreement shall cease as of the end of the
month in which such termination occurs, provided that COACH will be entitled to earned
but unpaid compensation and reimbursement for previously incurred and approved
expenses. University shall not be liable to COACH for any loss of collateral business
opportunities or any other benefits, perquisites or income.”

I. Section 15(c) is hereby replaced in its entirety with the following:

“In the event COACH terminates this Agreement, COACH shall pay, or cause to be
paid by his subsequent employer, to University, as liquidated damages, as follows:

Third Amendment to Employment Agreement and Notice of Appointment – Tinkle Page 5 of 7


DocuSign Envelope ID: 981CB658-E1FB-44E7-A57E-4A9AF7C0B603

If the notice of termination is effective during Year 1 $ 800,000


If the notice of termination is effective during Year 2 $ 900,000
If the notice of termination is effective during Year 3 $3,000,000
If the notice of termination is effective during Year 4 $1,500,000
If the notice of termination is effective during Year 5 $1,000,000
If the notice of termination is effective during Year 6 $ 750,000
If the notice of termination is effective during Year 7 $ 750,000
If the notice of termination is effective during Year 8 $ 750,000
If the notice of termination is effective during the Team’s
basketball season in Year 9 $ 750,000, prorated by the
number of days passed in
Year 9
If the notice of termination is effective after the Team’s
basketball season in Year 9 $0

Payment is due 60 days after the effective date of termination.”

J. Section 27 is hereby added to the Agreement as follows:

“Tax Advice. University will not provide tax advice to COACH or COACH’s beneficiary
regarding the tax effects of this Agreement. University encourages COACH and COACH’s
beneficiary to consult with their own tax advisors concerning the federal, state, and local
tax effects of this Agreement. This Agreement is intended to comply with the
requirements of Sections 409A and 457(f) of the Internal Revenue Code and, to the
maximum extent permitted by law, shall be administered, operated and construed
consistent with this intent. Any reimbursements or in-kind benefits provided under this
Agreement that are subject to Section 409A of the Internal Revenue Code shall be made
or provided in accordance with the requirements of Section 409A of the Internal Revenue
Code, including, where applicable, the requirements that (a) any reimbursement is for
expenses incurred during COACH’s life, but in no event later than the expiration of the
term of this Agreement, (b) the amount of expenses eligible for reimbursement, or in-kind
benefits provided, during a taxable year may not affect the expenses eligible for
reimbursement, or in-kind benefits to be provided, in any other taxable year, (c) the
reimbursement of an eligible expense will be made no later than the last day of the
taxable year following the taxable year in which the expense is incurred, and (d) the right
to reimbursement or in kind benefits is not subject to liquidation or exchange for another
benefit. Solely to the extent necessary to comply with Section 409A, a termination of
employment shall not be deemed to have occurred unless such termination is also a
‘separation from service’ within the meaning of Section 409A and for purposes of any such
provision of this Agreement, references to a ‘termination,’ ‘termination of employment,’
or like terms shall mean ‘separation from service.’ For purposes of Section 409A, COACH’s
right to receive any installment payments pursuant to this Agreement shall be treated as a
right to receive a series of separate and distinct payments, and each such installment
payment shall likewise be treated as a separate and distinct payment for purposes of
Section 409A.”

Third Amendment to Employment Agreement and Notice of Appointment – Tinkle Page 6 of 7


DocuSign Envelope ID: 981CB658-E1FB-44E7-A57E-4A9AF7C0B603

Except as amended by this Third Amendment to Employment Agreement and Notice of


Appointment for Head Coach, all other provisions remain in full force and effect.

Agreed to:

OREGON STATE UNIVERSITY


9/17/2019 | 13:54:29 PDT
By: __________________________________________ _______________________
S. Scott Barnes, Vice President/Director of Athletics Date

9/17/2019 | 17:33:23 PDT


By: __________________________________________ _______________________
Susan Capalbo, Senior Vice Provost Date
Appointing Authority

COACH
9/17/2019 | 14:13:10 PDT
By: _________________________________________ _______________________
Wayne Tinkle Date

Third Amendment to Employment Agreement and Notice of Appointment – Tinkle Page 7 of 7


m

SECOND AMENDMENT TO EMPLOYMENT AGREEMENT AND NOTICE OF


APPOINTMENT FOR HEAD COACH

This Second Amendment to Employment Agreement and Notice of Appointment for


Head Coach is made between Oregon State University ("University") and Wayne Tinkle
("COACH"). This Second Amendment is effective the date of last signature and amends
the Employment Agreement and Notice of Appointment for Head Coach between the
parties dated July 31, 2014 by last signature, as amended by the Amendment to
Employment Agreement and Notice of Appointment for Head Coach between the parties
dated September 18, 2014 by last signature ("Agreement").

A. Section 2 is hereby replaced in its entirety with the following:

"COACH's employment under this Agreement is for a fixed term period beginning May
19, 2014. The Years of this Agreement are defined as follows:

•YearT- MayT9r20M--Yune-30;-2Q-l-5-

Year2 July 1,2015 -June 30, 2016


Year 3 July 1,2016- June 30, 2017
Year 4 July 1, 2017 - June 30, 2018
Year 5 July 1,2018 -June 30, 2019
Year 6 July 1, 2019 - June 30, 2020
Year 7 Julyl, 2020 -June 30, 2021
Year 8 July 1, 2021 - June 30, 2022

This Agreement is subject to the rules, standards and policies of the University including
all provisions that apply to fixed-term appointments, except as provided in this
Agreement."

B. Section 3 is hereby replaced in its entirety with the following:

"Except for Year 1, which is calculated for a period of more than 13 months, the annual
salary rate shall be calculated for 12 months at 1.0 FTE and shall be paid by University to
COACH on a monthly basis, consistent with University payroll practices for all other
head coaches, throughout each Year:

Year 1 $300,000
Year 2 $320,004
Year 3 $578,004
Year 4 $612,000
Year 5 $646,008
Year 6 $680,004
Year 7 $714,000
Year 8 $748,008"

Second Amendment to Employment Agreement and Notice of Appointment - Tinkle Page 1 of 6


C. Section 4 is hereby replaced in its entirety with the following:

"University, either through third parties or on its own, markets radio and television
coaches shows and similar programming. University may also have obligations under
agreements with suppliers of athletic shoes and apparel. COACH is obligated as part of
his duties to participate in this programming and to participate in other media and public
relations activities as reasonably assigned by the Athletic Director, including but not
limited to speaking engagements and public appearances. For his participation in these
activities, University guarantees COACH will receive the annual amount of
compensation set forth below. Except for Year 1, which is calculated for a period of
more than 13 months, the annual bonus rate shall be calculated for 12 months at 1 .0 FTE
and shall be paid by University to COACH on a monthly basis, consistent with
University payroll practices for all other head coaches, throughout each Year:

Year 1 $ 500,004
Year 2 $ 580,008
Yeart" -$"i7i22;000-
Year 4 $1,188,000
Year 5 $1,254,000
Year 6 $1,320,000
Year 7 $1,386,000
Year 8 $1,452,000"

D. Section 6(b) is hereby replaced in its entirety with the following:

"Beginning in Year 3, University will pay COACH $50,000 additional compensation for
each Year in which the Team participates in theNCAA Tournament. University will pay
COACH $50,000 additional compensation for each Team win in the NCAA
Tournament." .

E, Section 7 is hereby replaced in its entirety with the following:

"7. ADDITIONAL INCENTIVES

a. Compensation for Academic Performance

For each academic year of this Agreement, beginning with academic year 2014-2015, in
which the Team achieves an NCAA Academic Progress Rate (APR) of greater than 960,
University will make available to COACH for distribution to himself or staff members, or
a combination, a total $40,000 in additional compensation. The distribution amounts to
Coach and staff members must be pre-approved by the Athletic Director in writing and in
his sole discretion and shall be paid in the next available payroll cycle following the
official release of the APR (provided COACH has submitted the proposed distribution
amounts to the Athletic Director for approval prior to the release of the APR). For each
academic year of this Agreement, beginning with academic year 2014-2015, in which the
Team achieves an NCAA Academic Progress Rate (APR) of 1000, University will make

Second Amendment to Employment Agreement and Notice of Appointment - Tinkle Page 2 of 6


I

available to COACH for distribution to himself or staff members, or a combination, with


the prior approval of the Athletic Director, a total of $70,000 in additional compensation.
For the purpose of this Section 7, the "academic year" is September 1 to June 30,

b. Compensation for Contract Fulfillment/Deferred Compensation Account

A. University will maintain a deferred compensation account in COACH's name to


evidence amounts credited under Section 7(b)(A)(l) ("Account").

1. The Account will be credited each month in the amount of $ 1 3,889, beginning
June 1, 2016 and continuing monthly through remaining term of the Agreement.

2. COACH's entitlement to the Account:

a. COACH, or, in the case of his death, his beneficiary designated in


accordance with Section 4 below, shall be entitled to receive as of the date
of COACH's death or disability (as defined in Internal Revenue Code
I S"ection"409A9(a)(2)(e)")^amamounFequafto*thevAccounFbaiance-as"ofthe"
i
date of such death or disability if his employment under this Agreement
ceases due to such death or disability.

b. Unless subparagraph (a) above applies, all amounts in the Account shall be
forfeited if COACH voluntarily terminates his employment under this
Agreement or if University terminates COACH's employment under this 1
Agreement for cause as defined in Section 12 prior to June 30, 2022, unless
the Account balance becomes payable in accordance with subparagraphs (c)
or (d) below.

c. Notwithstanding any provision of this Agreement to the contrary, COACH


shall be entitled to the Account balance if he is continuously employed by
University under this Agreement until June 30, 2022.

d. Notwithstanding any provision of this Agreement to the contrary, COACH


shall be entitled to the Account balance as of the date of termination, if not
previously paid, if University terminates his employment under this
Agreement before June 30, 2022 without cause as defined in Section 13.

3. If COACH, or his beneficiary in the case of his death, becomes entitled to a


benefit pursuant to Section 7(b)(A)(2), the Account balance will be paid to him
or his beneficiary, as the case maybe, in the form of a single lump sum
payment, made not more than 60 days after the date on which COACH (or his
beneficiary) becomes entitled to the Account balance. The payment will be in
the form of cash unless COACH or his beneficiary, as the case may be, and
University mutually agree to an alternative form of payment.

:
4. COACH may designate one or more primary beneficiaries or alternative
beneficiaries to receive all or a specified part of his Account after his death and
;

Second Amendment to Employment Agreement and Notice of Appointment - Tinkle Page 3 of 6


COACH may change or revoke any such designation from time to time. If he
fails to designate a beneficiary, or revokes a beneficiary designation without
naming another beneficiary, or designates one or more beneficiaries none of
whom survives COACH, for all or any portion of his Account, such Account or
portion will be payable to COACH's surviving spouse, or if COACH is not
survived by a spouse, to COACH's estate.

5. To the extent University is required to withhold federal, state, local or foreign


taxes in connection with any benefit realized by COACH or any other person
!
under this Agreement, it shall be a condition to the realization of such benefit
that COACH or such other person make arrangements satisfactory to University
for payment of all such taxes required to be withheld, which arrangements may
I include delivery of a check equal to the amount of such taxes. COACH
acknowledges, understands and agrees that amounts deferred hereunder may be
subject to federal, state and local withholding and agrees to any adjustments
University might make to meet it withholding obligations under applicable law.

'67—1Fhe-benefitrprovided-herehrisintendedi;o-bemnfunded-foriaxrpuiposes-and-is—
an ineligible plan within the meaning of Section 457 of the Internal Revenue
Code because the benefit is subject to a substantial risk of forfeiture in
accordance with the terms of this Agreement. COACH is entitled to receive,
from the general assets of University, payments equal to the vested portion of
the Account subject to the terms herein. All amounts deferred herein shall be
subject to the general creditors of University, and COACH shall be a general
creditor with regard to all amounts deferred herein. COACH shall have no right
to assign, alienate, pledge, or encumber either voluntarily or involuntarily, any
conditional interest in or future benefits anticipated under this Agreement, and
no creditor of COACH shall have any right to claim the same.

7. In the event that a final determination is made by either the Internal Revenue
Service or a court of competent jurisdiction that the Account, or a portion of the
Account, is taxable in a tax period prior to that in which COACH (or his
beneficiary) becomes entitled under Section 7(b)(A)(2), then that portion of the
Account determined to be equal to the income tax withholding that would have
been remitted by University if there had been a payment of wages equal to the
amount determined to be taxable shall be due 60 days after University's receipt
of notice of such final determination.

8. Notwithstanding anything to the contrary contained elsewhere in this


! Agreement, this Agreement may be amended by any time by University,
retroactively if required, if found necessary, in the opinion of University so that
this Section 7a of the Agreement is characterized as a non-tax-qualified plan of
deferred compensation as described under Section 457(f) of the Code, and so
that the Agreement complies with the requirements of Section 409A of the Code
and the guidance promulgated thereunder."

Second Amendment to Employment Agreement and Notice of Appointment - Tinkle Page 4 of 6


F. Section 1 5(c) is hereby replaced in its entirety with the following:

"In the event COACH terminates this Agreement, COACH shall pay, or cause to be
paid by his subsequent employer, to University, as liquidated damages, as follows:

If the notice of termination is effective during Year 1 $ 800,000


If the notice of termination is effective during Year 2 $ 900,000
If the notice of termination is effective during Year 3 $3,000,000
If the notice of termination is effective during Year 4 $1,500,000
If the notice of termination is effective during Year 5 $1,000,000
If the notice of termination is effective during Year 6 $ 750,000
If the notice of termination is effective during Year 7 $ 750,000
If the notice of termination is effective during the Team's $ 750,000, prorated by the
basketball season in Year 8 ' number of days passed in
Year 8
If the notice of termination is effective after the Team's
basketball season in Year 8 $0
Taymenri's_du"e"60ftays^after1he~effective"date"oTtermin'atronf''

G. Section 26 is hereby added to the Agreement as follows:

"Any property (including without limitation all equipment, documents, records, and keys)
furnished to or created by COACH incident to COACH's employment belongs to
University and shall be promptly returned to University upon termination of this
Agreement for any reason. This provision survives termination of the Agreement."

H. Effective July 1, 2014, Oregon State University ("OSU") became a separate legal
entity from the Oregon University System. References in the Agreement to the
State Board of Higher Education or Oregon University System rules and policies
(including Internal Management Directives) are now understood to refer to
University Standards and Policies respectively. Unless the context otherwise
requires, references in such University Standards and Policies to the "Board" or
"State Board of Higher Education" are general understood to refer to the
University's Board of Trustees; and references to the "Chancellor" are understood
to refer to the "President"; "Institution" refers to "University"; and so on.

Second Amendment to Employment Agreement and Notice of Appointment - Tinkle Page 5 of 6


Except as amended by this Second Amendment to Employment Agreement and Notice of
Appointment for Head Coach, all other provisions remain in full force and effect.

Agreed to:

OREGON STATE UNIVERSITY

By: a fTM-g?
Todd Stansbury, Director-e-f^ffl|tic, Date

By: C (z f/L
President or Designee Date

COACH

By:
c
Wayne Tinkle
6>[zi
Date

Second Amendment to Employment Agreement and Notice of Appointment - Tinkle Page 6 of 6


AMENDMENT TO EMPLOYMENT AGREEMENT AND NOTICE OF
APPOINTMENT FOR HEAD COACH

This Amendment to Employment Agreement and Notice of Appointment for Head Coach
is made between Oregon State University (University) and Wayne Tinkle (COACH) and
amends the Employment Agreement and Notice of Appointment for Head Coach
between the parties dated July 31, 2014 by last signature (Agreement).

Section 9(d) is replaced in its entirety to read as follows:

"University will provide a car allowance of $20,000 per year paid in monthly installments
of $1,666.67 and paid retroactively on that basis to the commencement of employment."

Except as amended by this Amendment to Employment Agreement and Notice of


Appointment for Head Coach, all other provisions remain in full force and effect.

Approved 'ikL
Athletic Director Date

Approved:
President or Designee Date

Accepted
Appoint
Employment Agreement and Notice of Appointment for Head Coach

This Employment Agreement and Notice of Appointment for Head Coach (Agreement) is made
between Oregon State University (University) and Wayne Tinkle (COACH). This Agreement
supersedes and replaces the "Letter of Offer, Head Men's Basketball Coach - Oregon State
University" between the parties dated May 23, 2014 by last signature.

1. POSITION, DUTIES AND RESPONSIBILITIES

Subject to the conditions stated in this Agreement, University employs COACH as head coach of
the men's basketball team at University, and COACH agrees to and accepts the terms and
conditions for employment outlined in this Agreement.

a. COACH shall work under the immediate supervision of the Athletic Director or an
Assistant or Associate Athletic Director designated by the Athletic Director.
COACH shall manage and supervise the basketball team, the assistant basketball
coaches and staff in a manner consistent with the promotion of the following
Athletic Department standards: 1 ) a powerful positive image for the University and
its constituents; 2) honesty, integrity and adherence to all applicable rules and
sportsmanship in all facets of the operation; 3) support of the academic mission of
the University and its student-athletes; 4) appropriate management of University
resources, including human resources as well as fiscal and physical plant resources;
and 5) a competitive program within the Pac-12 Conference. COACH shall perform
all duties customary of Division I-A head coaches that are assigned by the Athletic
Director or a designated Assistant or Associate Athletic Director. These duties
include, but are not limited to, developing and executing a coaching plan that
increases the skill level of the individual student athlete within the concept of the
overall good of the team; developing and executing a recruiting plan that evaluates
and matriculates student-athletes to the University who can be both competitive on
the field and in the classroom, while adhering to norms of good citizenship;
promoting the basketball program, the Athletic Department and its other programs,
and the University in general, through multiple media outlets, appearances, and
events; engaging in fundraising for the basketball program, Athletic Department and
the University in general; developing a competitive competition schedule in
cooperation with the Athletic Director; developing, managing and monitoring the
basketball budget within the framework established by the Athletic Director;
performing community service and engaging the staff and student-athletes in
community service; overseeing and ensuring the overall academic progress, success
and welfare of the student athletes; hiring, training, developing, supervising and
evaluating the assistant coaches and staff assigned to the basketball program;
participating in a variety of University activities appropriate to University
employment, including committee service and meeting and event attendance.

b. COACH shall observe and uphold all the academic standards, requirements, and
policies of the University and shall encourage student athletes to perform to their
highest academic potential. COACH shall take reasonable steps to ensure that the

Wayne Tinkle Contract Page 1 of 15


assistant coaches whom he supervises observe and uphold the same standards and
provide the same encouragement.

c. COACH agrees that as a condition of employment by the University COACH will


not engage in, knowingly support or tolerate any action violative of any governing
constitution, bylaw, rule or regulation of the Pac-12 Conference or the National
Collegiate Athletic Association (NCAA); that COACH will take reasonable steps to
ensure that the assistant coaches and any other employees whom he supervises
comply with the above policies, rules and regulations; and that COACH will
immediately advise the Athletic Director if he has reason to believe violations have
occurred or will occur.

d. COACH agrees to be bound by any University agreements with any manufacturer,


seller, or vendor of athletically-related shoes, equipment, apparel and any other
athletically related products, provided the terms of such agreements are reasonable
and consistent with applicable industry practice.

2. TERM

COACH's employment under this Agreement is for a fixed term period beginning May 19, 2014.
The Years of this Agreement are defined as follows:

May 19, 2014 -June 30, 2015 Year 1


July 1,2015 -June 30, 2016 Year 2
July 1,2016- June 30, 20 1 7 Year 3
July 1,2017 -June 30, 2018 Year 4
July 1,2018 -June 30, 2019 Year 5
July 1, 2019 - June 30, 2020 Year 6

This Agreement is subject to the rules, standards and policies of the University and of the
Oregon State Board of Higher Education, including all provisions that apply to fixed-term
appointments, except as provided in this Agreement.

3. BASE SALARY

Except for Year 1 , which is calculated for a period of more than 1 3 months, the annual salary
rate shall be calculated for 12 months at 1.0 PTE and shall be paid by University to Coach on a
monthly basis, consistent with University payroll practices for all other head coaches, throughout
each Year:

Year 1 $300,000
Year 2 $320,004
Year 3 $340,008
Year 4 $360,000
YearS $400,008
Year 6 $440,004

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4. MEDIA/SHOE AND APPAREL SPONSORSHIP BONUS

University, either through third parties or on its own, markets radio and television coaches shows
and similar programming. University may also have obligations under agreements with suppliers
of athletic shoes and apparel. COACH is obligated as part of his duties to participate in this
programming and to participate in other media and public relations activities as reasonably
assigned by the Athletic Director, including but not limited to speaking engagements and public
appearances. For his participation in these activities, University guarantees COACH will receive
the annual amount of compensation set forth below. Except for Year 1, which is calculated for a
period of more than 13 months, the annual bonus rate shall be calculated for 12 months at 1.0
FTE and shall be paid by University to Coach on a monthly basis, consistent with University
payroll practices for all other head coaches, throughout each Year:

Year 1 $ 500,004
Year 2 $ 580,008
Year 3 $ 660,000
Year 4 $ 740,004
Year 5 $ 900,000
Year 6 $1,060,008

5. MOVING EXPENSES

University will pay COACH's household moving expenses, househunting and temporary living
expenses up to a total of $50,000 in accordance with and subject to the limits of the Oregon
University System Moving Expense Summary Table which is attached as schedule 5.

6. ADDITIONAL INCENTIVE COMPENSATION FOR ATHLETIC PERFORMANCE

University desires to retain the services of COACH for the full term of the Agreement and to
reward him for successful performance. For those purposes, University agrees to make
payments to COACH, as follows:

a. University will pay COACH $25,000 additional compensation for each Year in
which the Team has a winning record (winning more than 50% of the regular Pac-12
games) in regular season Pac-12 Conference play. University will pay COACH
$100,000 additional compensation for each Year in which the Team is the Pac-12
Regular Season Champion (including ties).

b. University will pay COACH $100,000 additional compensation for each Year in
which the Team participates in the NCAA Tournament. University will pay COACH
$50,000 additional compensation for each Team win in the NCAA Tournament.

c. University will pay COACH $15,000 additional compensation for each Year in
which the Team participates in the National Invitational Tournament, $25,000
additional compensation for each Year in which the Team participates in the NIT
"Sweet Sixteen," $25,000 additional compensation for each Year in which the Team

Wayne Tinkle Contract Page 3 of 1 5


participates in the NIT "Final Four," and $25,000 additional compensation for each
Year in which the Team wins the NIT Championship.

d. University will pay COACH $25,000 additional compensation for each Year in
which COACH is named Pac-12 Coach of the Year and $50,000 additional
compensation for each Year in which COACH is named National Coach of the Year.

e. The amounts in Sections 6.a through 6.d are cumulative, so that, for the purpose of
illustration, if the Team has a winning record in regular-season conference play
($25,000), is the Pac-12 Regular Season Champion ($100,000), and wins a game in
the NCAA Tournament in the same Year ($150,000), University will pay COACH
$275,000.

f. Payment will be made no later than June 1 of any Year in which COACH is entitled
to payment under this Section 6.

7. ADDITIONAL INCENTIVE COMPENSATION FOR ACADEMIC PERFORMANCE

For each academic year of this Agreement, beginning with academic year 2014-2015, in which
the Team achieves an NCAA Academic Progress Rate (APR) of greater than 960, University
will make available to COACH for distribution to himself or staff members, or a combination, a
total $40,000 in additional compensation. The distribution amounts to Coach and staff members
must be pre-approved by the Athletic Director in writing and in his sole discretion and shall be
paid in die next available payroll cycle following the official release of the APR (provided
COACH has submitted the proposed distribution amounts to the Athletic Director for approval
prior to the release of the APR). For each academic year of this Agreement, beginning with
academic year 2014-2015, in which the Team achieves an NCAA Academic Progress Rate
(APR) of 1000, University will make available to COACH for distribution to himself or staff
members, or a combination, with the prior approval of the Athletic Director, a total of $70,000 in
additional compensation. For the purpose of this Section 7, the "academic year" is September 1
to June 30.

8. PAYMENT TOWARD SATISFACTION OF COACH'S CURRENT CONTRACT

University will pay COACH (or a third party if so directed by COACH) the sum of $138,288
toward satisfaction of COACH's obligations under his current contract with University of
Montana.

9. DEPARTMENT FRINGE BENEFITS

a. COACH will receive tickets to Athletic Department games in the amounts and
manner provided for by Athletic Department policies.

b. University will cover the costs for COACH's spouse to make two trips per season,
selected by COACH, to regular season away competition. In the event the Team
participates in post-season play. University agrees to cover the costs for COACH's
spouse to travel to away games. University will also cover the costs for COACH's

Wayne Tinkle Contract Page 4 of 1 5


dependent children who are still living at home to accompany COACH to one
competition site for post-season competition by COACH's Team. "Costs" includes
airfare, reasonable accommodations and meals at rates set by Athletic Department
policy.

c. University will pay the cost, on COACH's behalf, for a full membership in the
Corvallis Country Club. COACH shall comply with all membership rules, including
responsibility for all costs he incurs beyond the membership fee.

d. COACH may have the use of two vehicles under the University's courtesy car
program, subject to the provisions in the Athletic Department Policies and
Procedures Manual.

e. COACH understands that these benefits, if received, will be reported and are likely
taxable.

10. OUTSIDE EMPLOYMENT

a. COACH agrees that as a condition of employment by the University COACH will


not accept any gifts other than from immediate family, accept any employment
outside the institution, seek any employment contrary to or inconsistent with existing
University contracts, engage in any business transactions or commerce for
compensation, participate in any coaching clinics or camps, endorse any products in
any form, or appear for payment on any radio or television programs, without having
first notified and secured the written approval of the Athletic Director and the
President or designee. Notwithstanding anything to the contrary in University's
Conflict of Commitment Policy, the Athletic Director may approve a request to
engage in outside activities upon a determination that the activity will not result in a
conflict of commitment to COACH's University duties. COACH shall not take any
action inconsistent with University's obligations made known to him under any
agreements between the University and any manufacturer, seller, or vendor of
athletically-related shoes, equipment, apparel and any other athletically related
products.

b. COACH shall report to the Athletic Director by each October 1 5 all


athletically-related income and benefits from sources outside the institution,
including, but not limited to, income from annuities, sports camps, housing benefits,
complimentary ticket sales, television and radio programs, and endorsement or
consultation contracts with athletic shoe, apparel, or equipment manufacturers,
received in the previous 12 months. The report shall be filed with the Athletic
Director by each October 1 5 and shall cover the period from October 1 of the
previous year to September 30 of the current year. COACH's first report under this
Agreement shall cover the period May 19, 2014 through September 30, 2014.
Reports shall be made on forms provided by the Director of Intercollegiate Athletics.
The Athletic Director shall forward reports to the President of the University and a

Wayne Tinkle Contract Page 5 of 1 5


copy shall be retained in the faculty personnel file of the COACH. This report of
income is separate and distinct from the prior approval of gifts and outside income
required in Subsection 10a.

c. COACH agrees the University may use his name, image and likeness to advertise,
promote and/or raise funds for the University, its intercollegiate athletic programs
and its basketball programs.

1 1. SANCTIONS FOR CAUSE

If COACH is found to be in violation of University, Oregon State Board of Higher Education,


Pac-12 or NCAA bylaw, constitutional provision, governing rule or regulation, COACH will be
subject to disciplinary or corrective action as determined by the Director of Athletics, the
University President or the President's designee, the Pac-12 Conference, and/or the NCAA
Committee on Infractions. Depending on the violation, COACH may be given a reprimand,
assessed a fine (of a day's pay or more) or suspended (with or without pay). COACH waives
any rights he may have to receive written charges or to have a hearing under OAR 580-02 1 -03 1 8
through -0470. COACH shall, however, be notified of the grounds for imposition of sanctions,
and shall have the opportunity to present a statement of denial, explanation and/or extenuation
before the sanction is finalized. COACH may also be subject to termination for cause under
Section 12, by University, based on violations described in this Section 11.

1 2. TERMINATION FOR CAUSE

This Agreement may be terminated prior to the end of the fixed-term period for any of the causes
set out in the Oregon State Board of Higher Education's Administrative Rules OAR 580-021
0325. One of the causes, as defined by the State Board Rules, is failure to perform the
responsibilities of an academic staff member. For the purposes of this Agreement, such failure
shall include, but not be limited to:

a. engaging in, supporting, or knowingly tolerating any action violative of any


governing constitution, bylaw, rule or regulation of the NCAA or the Pac-12
Conference, during the period of this Agreement or at any time during the two years
previous to the execution of this Agreement, whether at this or another institution;

b. failure to comply with the attached Code of Ethics of the Oregon State Board of
Higher Education, which is incorporated herein by reference; and

c. failure to carry out faithfully and diligently all duties and responsibilities as
described in this Agreement.

COACH waives any rights he may have to receive written notice of non-renewal or to receive
written charges or to have a hearing under OAR 580-021-03 1 8 through -0470. COACH shall,
however, be notified of the grounds for termination being considered by University and shall
have an opportunity to present a statement of denial, explanation and/or extenuation before such
termination is finalized.

Wayne Tinkle Contract Page 6 of 1 5


The decision whether to terminate this Agreement for cause shall be made by the Athletic
Director or the University President. In reaching a decision whether to terminate, or impose a
lesser discipline under Section 1 1 , the Athletic Director or President will take into consideration
the severity of the actions(s) or omission(s) that constitute the cause for termination.

In the event University terminates this Agreement for cause prior to the end of this Agreement,
all obligations of University to make further payments and/or to provide other consideration
under this Agreement shall cease as of the end of the month in which such termination occurs,
provided that COACH will be entitled to earned but unpaid compensation and reimbursement for
previously incurred and approved expenses. University shall not be liable to COACH for any
loss of collateral business opportunities or any other benefits, perquisites or income.

13. TERMINATION WITHOUT CAUSE BY UNIVERSITY

At any time after commencement of this Agreement, University may terminate this Agreement
without cause by giving 1 5 days' written notice to COACH. The termination shall become
effective no earlier than 1 5 days after receipt of the written notice. In the event of termination
under this Section 13, University shall pay COACH as severance pay his remaining annual
salary and media/shoe and apparel sponsorship bonus at the monthly rates set out in Section 3
and Section 4, respectively, of this Agreement for the remainder of the term of this Agreement.
COACH is entitled to no other payments under this Agreement except COACH will be entitled
to reimbursement for previously incurred and approved expenses and any incentive
compensation earned but not yet paid. University shall not be liable for any other damages or
loss of any collateral business opportunities or any other benefits, perquisites, or income from
any source that might ensue as a result of University's termination of this Agreement without
cause, including any income derived pursuant to under any other Section of this Agreement.

a. The parties have bargained for and agreed to this severance pay provision, giving
consideration to the fact that COACH may lose certain benefits, supplemental
compensation or outside compensation relating to his employment at University,
which damages are extremely difficult to determine with certainty, or fairly or
adequately. The parties further agree that payment of such severance pay by
University and acceptance thereof by COACH shall constitute adequate and
reasonable compensation to COACH for damages and injury suffered because of
such termination by University. The foregoing shall not be, nor be construed to be, a
penalty.

b. Notwithstanding the severance pay provisions, COACH agrees to mitigate


University's severance pay obligation by making reasonable and diligent efforts to
obtain employment (which includes without limitation, self-employment). After
COACH obtains such new employment, University's financial obligations for
severance pay under this Section 13 shall cease unless COACH's compensation in
his new employment for the remainder of the term of this Agreement is less, when
computed on a monthly basis, than the monthly obligation of University under this
Section 13. In that event, the University's obligation shall be reduced on a monthly
basis by an amount equivalent to the compensation COACH receives in any new
employment, prorated on a monthly basis, for the remainder of the term of this

Wayne Tinkle Contract Page 7 of 1 5


Agreement. COACH shall not structure payment under any new employment
agreement so as to circumvent or frustrate the purpose of this Subsection.

c. In the event of termination under this Section 13, COACH agrees not to apply for
unemployment compensation.

d. COACH's compensation under this Section 13 is not subject to anticipation,


alienation, transfer, assignment, pledge, encumbrance, attachment or garnishment by
COACH's creditors or by a creditor of any successor, assignee or beneficiary of
COACH.

1 4. TERMINATION BY DEATH OR DISABILITY

Notwithstanding any other provision of this Agreement, this Agreement shall terminate
automatically if COACH dies, or becomes totally or permanently disabled as defined by
University disability insurance, the rules of the Oregon Public Employees Retirement System or
within the meaning of the federal Social Security Administration regulations, so that the
COACH's physical or mental incapacity is of a nature that prevents COACH from performing
his duties under this Agreement. Any such termination shall not be reason for payment of any
severance pay set forth in Section 13 of this Agreement.

15. TERMINATION BY COACH

a. COACH recognizes that the promise to work for University for the entire term of
this Agreement is of the essence of this Agreement. COACH also recognizes that
University is making a highly valuable investment in COACH's employment by
entering into this Agreement and that University's investment would be lost if
COACH were to resign or otherwise terminate employment with University before
the end of the Agreement term. Nonetheless, it is agreed that at any time after
commencement of the Agreement, COACH may terminate this Agreement for any
reason by giving 15 days' written notice to University, such termination to become
effective no earlier than 1 5 days after receipt of such written notice.

b. Coach is required to provide the Athletic Director with written or verbal notice prior
to meeting with representatives from another entity to discuss employment
opportunities that would be inconsistent with COACH acting as head basketball
coach for the term of this Agreement.

c. In the event COACH terminates this Agreement, COACH shall pay, or cause to be
paid by his subsequent employer, to University, as liquidated damages as follows:

If the notice of termination is effective during Year 1 $ 800,000


If the notice of termination is effective during Year 2 $ 900,000
If the notice of termination is effective during Year 3 $1 ,000,000
If the notice of termination is effective during Year 4 $1 ,000,000
If the notice of termination is effective during Year 5 $ 750,000
If the notice of termination is effective during the $ 500,000, prorated by the

Wayne Tinkle Contract Page 8 of 1 5


Team's basketball season in Year 6 number of days passed in
Year 6
If the notice of termination is effective after the
Team's basketball season in Year 6 $0

Payment is due 60 days after the effective date of termination.

d. The parties have bargained for and agreed to the foregoing liquidated damages
provision, giving consideration to the fact that University will incur administrative,
recruiting and resettlement costs on obtaining a replacement for COACH, in addition
to potentially increased compensation costs if COACH terminates this Agreement
prior to its expiration, which damages are extremely difficult to determine with
certainty. The parties further agree that the payment of such liquidated damages by
COACH and acceptance thereof by University shall constitute adequate and
reasonable compensation to University for the damages and injury suffered by it
because of such termination by COACH. The foregoing shall not be, nor be
construed to be, a penalty.

16. COACH'S CERTIFICATION OF NCAA/PAC-12 COMPLIANCE

COACH certifies that he has not knowingly been involved in violations of NCAA or Pac-12
Conference rules or regulations at this or any other institution in the two years immediately
preceding the execution of this Agreement, and that he has not been the recipient of any
disciplinary action including, but not limited to, termination or suspension from duties, by any
other institution for violation of NCAA or Pac-12 Conference rules and regulations during the
two years immediately preceding the execution of this Agreement.

17. SUMMER CAMP

If COACH participates in a University sponsored summer camp, payment shall be made on an


overload compensation basis in accordance with Athletic Department policies.

18. TECHNOLOGY TRANSFER

COACH acknowledges that the University has a Technology Transfer program that requires
employees as a condition of employment to assign to the State Board of Higher Education rights
to any invention or improvements in technology, including software, developed using University
facilities, personnel, information, or other University resources.

19. NONAPPROPRIATION

If sufficient funds are not provided in future legislatively approved budgets of the University to
permit the University in the exercise of its reasonable administrative discretion to continue this
Agreement, or if the University or program for which this Agreement was executed is abolished,
the University may terminate this Agreement without further liability by giving COACH not less
than 30 days prior notice. In determining the availability of funds for this Agreement, the

Wayne Tinkle Contract Page 9 of 1 5


University may use the budget adopted for it by the Joint Ways and Means Committee of the
Oregon Legislative Assembly.

20. SEVERABILITY

If any provision of this Agreement shall be determined to be void, invalid, unenforceable or


illegal for any reason, it shall be ineffective only to the extent of such prohibition and the validity
and enforceability of all the remaining provisions shall not be affected thereby.

21. CAPTIONS

The captions or headings in this Agreement are for convenience only and in no way define, limit,
or describe the scope or intent of any provisions of this Agreement.

22. ENTIRE AGREEMENT; MODIFICATION

This Agreement constitutes the entire agreement between the parties on the matters expressed in
this Agreement. There are no understandings, agreements, or representations, oral or written, not
specified herein regarding this Agreement. No waiver of an obligation under this Agreement is
effective unless it is in writing and signed by the party granting the waiver. No failure or delay in
exercising any right or remedy, or in requiring the satisfaction of any condition under this
Agreement operates as a waiver or estoppel of any right, remedy or condition.

23. CHOICE OF LAW

The laws of the State of Oregon (without giving effect to its conflict of laws principles or laws)
govern all matters arising out of or relating to this Agreement. Any party bringing a legal action
or proceeding against the other party arising out of or relating to this Agreement shall bring the
legal action or proceeding in the Circuit Court of Oregon for Benton County.

24. NO THIRD PARTY BENEFICIARIES

University and COACH are the only parties to this Agreement and are the only parties entitled to
enforce its terms. Nothing in this Agreement gives, is intended to give, or will be construed to
give or provide, any benefit or right, whether directly, indirectly, or otherwise, to third persons
unless such third persons are individually identified by name herein and expressly described as
intended beneficiaries of the terms of this Agreement

25. WAIVER OF VACATION LEAVE

As a condition of employment under this Agreement, COACH waives any right he may have to
vacation leave under OAR 580-021-0030 or any other applicable law or policy. However,
University recognizes that in order to fulfill COACH's job responsibilities, COACH will likely
work long hours for sustained periods of time beyond a typical professional work week, and that
there will be periods when the duties of the position will not require COACH to work a typical
professional work week.

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Each parly is signing this Agreement on the dale stated opposite that party's signature.

OREGON STATE UNIVERSITY

Bv
Bob De Carolis, Director of Athletics Dale
7/4 /f
By
[J. TO
W. Glenn Ford , Vice President Dale
Finance and Administration

COAC

Wayne Tinkle Datcr 1

Wayne Tinkle Contract Page II of 1 5


Schedule 5
Oregon University System Moving Expense Summary Table

Fiscal Operations Manual


Section 415: Relocation and Moving
Effective: 02/01/1982
Revised: 0625/2012

Relocating, or moving, expenses are those incurred as a result of moving to a new


location for employment.

See Reimbursements for rates and receipt requirements. Certain moving expenses are taxable to
the employee.

For new employees teaching summer session only, travel costs for one round trip may be
reimbursed when necessary to employ qualified personnel.

Allowable moving expenses include:

• Moving T ransportation Between New and Old Location


o Airfare - up to two one-way trips
OR
o Private vehicle mileage - reimbursed at the rate per mile, up to two one-way trips
OR
o Rental vehicle - cost of rental vehicle plus fuel
• Meals and Lodging: reimbursed at a rate up to OUS per diem rate, up to a total of ten
days of meal and lodging expenses for the employee and any household members. Total
is combined with house hunting trips -for example, the employee takes four(4) days for
house hunting, they will have six(6) days left to claim for moving.
• Salary while moving: up to ten days, if moving occurs after start date (total is combined
with house hunting)
• Moving personal effects (reimbursed at actual expense):
o Packing, including packing supplies (boxes, tape, etc) - up to $ 1 ,000
o Commercial moving company
o Insurance on personal effects
o Storage - up to 90 days
• Miscellaneous expenses - up to SI,500 (reimbursed at actual expense):
o Might include
¦ Closing costs
¦ Utility hookups
o Does not include
¦ Refundable deposits
¦ Household furnishings or decor

Wayne Tinkle Contract Page 1 2 of 1 5


8.036 Code of Ethics

Each institution offering a program of intercollegiate athletics shall comply with the following
code of ethics. Violation of the code of ethics shall be considered an adequate basis for sanctions
for cause.

(1) Purpose
The purpose of this code of ethics is to prescribe standards of conduct for student athletes
participating in the intercollegiate athletic programs of the institution, coaches, intercollegiate
athletic administrators, and other personnel associated with intercollegiate athletics. It is also the
purpose of this code of ethics to identify the responsibilities of coaches, intercollegiate athletic
administrators, and other personnel in the institution's department of intercollegiate athletics.

(2) Designation of Institution Officers


The institution president shall assign in writing to the director of athletics the responsibility for
implementing the provisions of this policy, except that the Faculty Athletic Representative shall
retain the sole prerogative for determining the athletic eligibility of student athletes participating
in the intercollegiate athletic program of the institution.

(3) Directives

(a) The intercollegiate athletic program of the institution shall reflect high standards of
scholarship, sportsmanship, fair play, integrity, and concern for the individual.

(b) The intercollegiate athletic program of the institution shall be conducted in accordance
with the constitution and bylaws of the alliances and/or conferences of which the institution is a
member, and the rules, policies, and directives of the Board of Higher Education and institution.

(c) Student athletes participating in the intercollegiate athletic program of the institution shall
be required to:
(i) maintain such academic standards as established by the institution for all students;
(ii) comply with the eligibility requirements of the institution as a prerequisite for
participation in its intercollegiate athletic programs;
(iii) demonstrate high standards of sportsmanship and fair play, while participating in an
intercollegiate athletic program of the institution;
(iv) refrain from participation in an intercollegiate athletic program of the institution when
existing injuries and/or physical impairments would jeopardize the student athlete's health and
welfare; and
(v) deport themselves in a manner which brings credit to themselves, their teammates, and
the institution.

(d) A head coach of an intercollegiate athletic program is required to maintain such discipline
as necessary to assure that student athletes and coaches in that sport maintain high standards of
sportsmanship, fair play, and integrity; encourage high standards of scholarship for student
athletes; establish and maintain high standards regarding the welfare of student athletes; and
adhere to the principles of nondiscrimination.

Wayne Tinkle Contract Page 1 3 of 1 5


(e) Coaches in the intercollegiate athletic program of the institution are required to maintain
high standards of sportsmanship, fair play, and professional integrity; encourage high standards
of scholarship for student athletes; and adhere to principles of nondiscrimination.

(f) Each individual performing administrative, promotional, public relations, or related


functions in the intercollegiate athletic program of the institution is required to demonstrate high
standards of professional conduct; encourage high standards of sportsmanship, fair play,
professional integrity and scholarship; establish high standards regarding the welfare of student
athletes; and adhere to the principles of nondiscrimination.

(g) The following is proscribed conduct for each head coach, assistant coach, and individual
performing administrative, promotional, public relations, or related functions in the
intercollegiate athletic program of the institution:
(i) using the position with the institution to obtain financial gain, other than official
institution salary or reimbursement of expenses and honoraria from either institution or non-
institution sources, unless prior approval is obtained from the institution president;
(ii) using the position with the institution to obtain financial gain for any member of the
household or for any business with which the employe or any member of the employe's
household is associated;
(iii) engaging in any outside activity which substantially interferes with the employe's
responsibilities in the intercollegiate athletic program of the institution;
(iv) accepting any employment outside the institution involving time or honorarium
without the prior approval of the institution president; *
(v) accepting gifts, as defined in ORS 244.020(5), from any source, including but not
limited to, professional sports organizations, private businesses, or athletic "boosters";
(vi) receiving, or influencing directly or indirectly, awards of prizes of value from any
institution-operated or affiliated promotional activity associated with the intercollegiate athletic
program of the institution;
(vii) using institution buildings, facilities, services, or grounds for personal or private gain,
without the prior written authorization of the institution president;
(viii) using, or permitting the use of the name of the institution or any emblem of the
institution in commercial or personal promotional activities, except by the prior written
authorization of the institution president;
(ix) violating the constitution and bylaws of an alliance or conference in which the
institution holds membership, particularly those provisions pertaining to recruiting of student
athletes, financial aid for student athletes, eligibility of student athletes, and extra benefits for
student athletes;
(x) engaging in, encouraging, or permitting the physical or mental abuse or harassment of
student athletes;
(xi) permitting student athletes who have not been certified for competition by a medical
physician prior to a sports season to participate in the intercollegiate athletic program of the
institution;
(xii) permitting, requiring, or encouraging a student athlete who is injured, or otherwise
physically or mentally impaired, to participate in the intercollegiate athletic program of the
institution without authorization from a physician or authorized athletic trainer;

Wayne Tinkle Contract Page 14 of 15


(xiii) permitting, encouraging, or engaging in abuse or harassment of game officials, game
opponents, or spectators while participating in an intercollegiate athletic program of the
institution;
(xiv) encouraging, aiding, or abetting, including acts of omission, any individual, including
non-institution persons, to engage in conduct proscribed by the alliance or conference in which
the institution holds membership and the Administrative Rules, policies, and Internal
Management Directives of the Oregon State Board of Higher Education and the institution.

(h) Any coach, head coach, or individual performing administrative, promotional, public
relations, or related functions in the intercollegiate athletic program of the institution should
strive to be perceived as an ethical leader, and, therefore, should avoid the appearance as well as
the fact of impropriety.

(i) Waivers
The institution president retains the sole prerogative and authority for authorizing exceptions
in writing to the provisions contained herein.

(j) Compliance and Sanctions for Violations


Individuals violating the provisions of this code of ethics may be subject to sanctions for
cause.

For student athletes participating in the intercollegiate athletic program of the institution who
violate the provisions contained herein, the sanctions for cause may include loss of eligibility for
a period of time prescribed by the institution Faculty Athletic Representative. Sanctions in
addition to loss of eligibility may be imposed by the institution pursuant to the provisions of the
student conduct code of the institution.
For coaches or for intercollegiate athletic administrators, sanctions for cause include but are
not limited to oral or written reprimand, suspension with pay, suspension without pay, or
termination, as determined by the institution president.

(k) Contract and Policy Distribution

This policy for intercollegiate athletics, including the Code of Ethics, shall be attached to the
Notice of Appointment for coaches, athletic administrators, and other personnel associated with
the intercollegiate athletics program as well as distributed to and discussed with all student
athletes.

March 2001

Wayne Tinkle Contract Page 1 5 of 1 5

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