settlement- chemeketa and lanning

8/11/2019 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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