Settlement- Chemeketa and Lanning
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SETTLEMENT AGREE:MENT,
RELE SE OF LL
CLAIMS
and
COVENANT
NOT
TO
FURTHER
SUE
Tlus Settlement Agreement, Release
of
All Claims and Covenant Not
to
Fut1her Sue
( Agreement ) is entered into by Dr. Patrick M Lanning ( Lanning ) and Chemeketa Community
College (hereinafter referred to as College ).
RECIT LS
A. Lanning has been employed by College as an administrator and supervisor;
B. On February 10, 2014 Lanning requested and President Roberts permitted
Lanning to take sick leave. Thereafter, on the same day, President Roberts indicated that
Lanning was being placed on paid administrative leave, effective February
11,
2014, pending the
completion
of
an investigation of a refenal concerning Lanning's conduct. President Robel1s
announced,
at
a subsequent manager's meeting at the College, that Lanning was on sick leave.
The College appl Oved Lanning's request and placed Lanning on paid leave effective
Febt-uary 11, 2014;
C. College president
Robe11s
recommended that Latming's contract be
te11ninated
and
that all renewals ofLam1ing's contract be terminated;
D. Latming disagrees with Roberts ' recommendation and, on June 18, 2014, requested
a heal'ing before the College Board of Directors;
E. Roberts
is
no longer the College president.
F. On July 17, 2014, Lanning delivered a document entitled Tmt Claim Notice to
College through counsel alleging breach of employment contract, denial of due process, defamation,
and failure to pay wages;
G.
College denies Latming's claims;
H. The College Board of Directors has scheduled an oppot1unity for a hearing
September 17,2014 before the College Board ofDirectors; and
I. Lanning and College have now agreed to settle fully and finally all differences
between them, up to the date of execution
of
this Agreement, including, but not limited to,
all
allegations in the Tott Claim Notice solely to avoid the expense of litigation
.
NOW, THEREFORE, in consideration of the tenns, conditions, mutual covenants and
pl'Omises set fmth herein, it
is
agreed
as
follows:
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T RMS AND S TTL M NT
1.
Nonadmission of Liability. This Agreement is entered
into in compromise
of disputed
claims. The patties acknowledge that the execution
of
this Agreement and the payment of
consideration hereunder are
not in
any way an admission of wrongdoing m liability
011
the patt of
either
party, and the
parties
specifically disclaim any liability.
The
patties intend, by theil
actions
pursuant to this Agreement, merely
to
avoid the expense, delay, and bmden offiuther litigation.
2. Dismissal of All Complaints. Lanning agrees that he
will
dismiss
any
administrative
complaints,
chatges,
mJitigation with prejudice, including, but not limited to, Lanning's request
for
hearing filed with the College Board of Directors and the parties cettify that
there
will be
no
further
investigation or processing of any administrative charge or lawsuit.
. .
3. Monetary Consideration by College. College agrees to pay
Lanning
Thirty-Eight
Thousand Three Hundred Ninety-One and 00/100 Dollars ($38,391.00). College will pay this
amount in the
form
of
a
check,
payable
to
the
order
of
Patrick
M.
Lanning
and
his
attmney
Randal
Acker, to
be
characterized
as
general damages. Latming is authorized to negotiate this check only
after this Settlement Agreement, Release and Covenant Not to Sue has been signed by Lanning
and attorney Acker and delivered and seven (7) days
have lapsed
fi:om the
date
Lanning signs this
Agreement. College will
issue
a Form 1099 to attmney Acker for that
amount.
Lanning agrees that
he is solely responsible
fot
all
tax
obligations, if any, including all repmting and payment
obligations, that
may
arise
as
a consequence of this Agreement, and agrees to indemnify and hold
College harmless
for
any tax liability of Lruming, except for the
normal
employet contributions, that
may al'ise
fi:om the
payment made under
this
Agreement. Lanning
acknowledges and agrees
that
College has made no representations regarding the tax consequences of his
settlement.
4. Other Consideration by College. College agrees to provide Latming with a letter
of
reference which includes the following information: dates of employment, the positions Lanning
held, and Lanning's rate of pay. A copy of College's letter of reference is attached
hereto
as
Exhibit A. Further,
when
College
is asked
about the separation
of
Lanning's
employment
by
anyone, including but not limited to any of Lanning's potential employers, it
will
respond
by
only
stating that the pru1ies tetminated the renewal of his contract and by providing information
consistent with Exhibit A, except as
ptovided
in paragraph 17 below.
5 Response to Unemployment Claim. If Lanning makes a
claim
fm unemployment
insurance compensation, College agrees that it
will
not respond if Lanning
indicates
that
he was
discharged by the College or that his contract was not renewed.
f
Lanning asseits that
he
was
laid off or anything other than discharged or non-renewed , College
may
respond
as
it deems
appropl iate.
6. Consideration/Complete Release
by
Lanning.
Latming
releases College and its
members, managers, attomeys (including in-house counsel), affiliates and divisions and its
respective successors and assigns,
its
directors, officers, representatives, agents,
employees
(but
excluding
any
employee
who
may
have raised
mraises
any
charge, claim, or
action
against
Lanning
in his/her individual capacity 01 in any capacity
othet
than
as
an agent of
the
College),
and
theit'
respective heirs and personal representatives (collectively Releasees ) from
any
and all charges,
claims and actions arising, directly m indirectly, whether known 01 unknown, out of Lanning's
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employment or the separation of Lanning's employment prim to Lanning's signing this Agreement.
This release specifically includes
and
releases
all
claims
and
any
rights
and
cJaims
under Title Vll
of the Civil Rights Act
of
1964,
as
amended; the Civil Rights
Act of
1991, as
amended; 42
U.S.C.
1981, as
amended;
the Americans with Disabilities Act of 1990,
as
amended; the Employee
Retirement Income Security
Act
of
1974,
as
amended;
the Family
and
Medical
Leave
Act,
as
amended; and Oregon minimum
wage
and overtime Jaws, as amended;
as well as
any other Oregon
state or federal
Jaws
or common law theories, including all claims for damages,
additional
compensation, back pay or benefits.
7. Notice to Employee (40 Years of Age or Older). This Agreement contains a release of
claims
unde1
the Age Discrimination
in
Employment Act (the ADEA ).
By
executing this
Agreement, Lanning cedifies that he has
lrnowingly
and voluntarily given
up
any claims that
he
may have under the ADEA
if
hose claims arose before
he
signed this
Agreement.
Lanning
further
certifies that the payments described in this Agreement are considerations to which
he
would not
otherwise be entitled without signing this Agreement, and that these considerations constitute
payment in exchange for
his
execution
of
his
.Agreement.
Under the
ADEA, Lruming may
take
up
to
21 days
to consider the
te1ms of
this Agreement.
Lanning has the right to accept in less time
by
signing
and
delivering tlt.is Agreement
to
Mark B.
Comstock, College's legal counsel.
La1ming
is u1ged to use
as many
of the 21 days
as
necessary to
consider this Agreement and to consult with his attorney about
it.
Lanning
acknowledges
that he
has been given at
least 21 days
to consider this Agreement prior to signing it, and his signature on
this Agreement is completely voluntary.
Under the
ADEA,
Lanning
may
revoke this Agreement within seven
(7)
days
of
he date on
which he signed
the
Agreement. IfLanning revokes, then be
will
not receive
any of
the payments
m other considerations set fm1h in this Agreement. To be effective. Lanning's revocation must be
in
writing and returned to Garrett Hemann Robet1son
P.C
.. Attention: Mark B.
Comstock,
1011
Commercial Street NE. Salem, OR 97301-1049. within seven 7) days of
the
date
of
Lanning's
signing
of
his Agreement.
8. Complete Release by College. College releases Lamting and
his
attorneys, affiliates
and its respective successors
and
assigns,
its
representatives, agents, and their respective heirs and
personal representatives (collectively Releasees ) fl Om a y and all
charges, claims
and actions
arising; directly or indirectly, whethet known or unlrnown, out
of
Laaming s
employment
or the
separation
of
Lanning's employment prior to Lanning's signing this
Agreement.
This release
specifically includes
and
releases all cJaims and any rights and claims under
any Oregon
state
or
federal laws ot
corrunon law
theories, including without limitation all claims for damages
and
equitable relief.
9. No Re-employment.
Lamting agrees
that he will not be eligible for re-employment by
College, or its Foundation, or any non-profit entity wholly owned or controlled by CoJlege and
agrees that
he will
not seek such employment.
10.
No
Filings and Agreement Not to Sue. Lam1ing represents that he
has
no
action,
lawsuit, claim, cha1-ge or complaint pending against College, or any of the Releasees with any local,
state, or federal
agency
ot court, and covenants that he
will
not do so at any time hereafter based
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the extent required
by
ORS
17.095,
or
as
required
by law
under a public records request or order of
a
circuit court or in response to
a
valid subpoena. College fmther agrees that
it
shall not initiate
respond to any communication with any person or entity conceming the terms, amount or facts of
this Agreement, including this document,
and the
facts giving rise
to
this Agreement, except
as
permitted in the prior sentence and as required by law. College futihet agrees to refrain fiom any
action which disparages Lanning, or which is detrimental to the reputation of Lanning, except
as
provided
in
this paragraph or paragraphs
4 and 5
above.
18.
MisceUaneous.
a. This Agreement
is
made and entered into
in
the state
of
Oregon
and
shall
in
all respects
be
interpreted, enforced,
and
governed
undet
the laws
of
that state. The language
of
all pa11s in this
Agreement shall
be
construed
as a
whole, according
to
its
fait
meaning,
and
not strictly for or
against either patty.
b. Should any provision in this Agreement be declared or determined to be illegal or
invalid, the validity
of
the remaining parts, terms, or provisions shall not
be
affected thereby,
and
the illegal or invalid part,
term,
or provision shall be deemed not to be part of his Agreement, and
all remaining provisions shall remain valid and enforceable.
c. This Agreement sets fotth the entire agreement between the patties
and
fully supersedes
apy and all prior agreements and understandings between the patties pertaining to the subject matter
of this Agl eeanent.
d. This Agl eement may be signed in countet}latis. All signatures transmitted via facsimile
shall have the same force and effect
as
original signatures.
PLE SE READ CAREFULLY. THIS AGREEMENT INCLUDES THE RELEASE
OF
ALL KNOWN
AND
UNKNOWN
College
By
Ed
Dodson
Its
Board
Chait
Dated:
-' -\ o_\lf
t.f Wue tv.hliiu
By ie Huckestein
Its Interim President
Patricl M. Lanning
Dated:
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