Settlement- Chemeketa and Lanning

SETTLEMENT AGREE:MENT,
RELEASE OF ALL 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").
RECITALS
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 refen·al 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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TERMS AND SETTLEMENT
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 bm·den offiuther litigation.
2. Dismissal of All Complaints. Lanning agrees that he will dismiss any administrative
complaints, chat·ges, m·Jitigation 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 this 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 pt·ovided 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." If 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 m·raises 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 those 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 this .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 u1·ged 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 the date on
which he signed the Agreement. If Lanning 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 this 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 a11y 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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upon events or claimed omissions occurring prior to the date of execution of this Agreement. If
Lanning, m· anyone acting on his behalf, should bring such a claim at any time after the execution of
this Agreement, Lanning agt·ees to pay to College, the full amount of the settlement proceeds paid to
him under this Agt·eement. In the event that any such agency or cout1 assumes jurisdiction of any
lawsuit, claim, charge or complaint, m· purpmts to bring any legal proceedings against the
Releasees, on Lanning's behalf, Lanning will request that such an agency or comt withdt·aw from
and/or dismiss the lawsuit, claim, charge, or complaint with prejudice.
11. Successors. This Agreement shall be binding upon the patties, and their heirs,
representatives, executors, administrators, successors, and assigns, and shall inure to the benefit of
each and all of the Releasees, and to their heirs, representatives, executors, administrators,
successors, and assigns.
12. No Attorneys' Fees and Costs. Each side shall bear its own costs and fees of any
kind, including attomeys' fees, and Lanning specifically acknowledges and agrees that the Releasees
shall not be required to pay any of his attorneys' fees or costs incurred in his allegations and Tmt
Claim Notice.
t 3. Full and Independent Knowledge. Lanning and College have carefully read and fully
understand all the provisions of the Agreement and are voluntarily entering into this Agt·eement.
Lanning and College are at liberty to retain legal counsel to t•eview the Agreement prim· to signing,
if either so wishes.
14. No Representations. Lanning and College aclmowledge that, except as expressly set
f01th herein, no representations of any kind 01' character have been made to Lanning ot· College by
the other, m· its agents, representatives or attorneys to induce the execution of this Agreement.
15. Ownership of Claims. Latming represents that he has not transferred m· assigned, or
purpotted to tL·ansfet· or assign, to any person m· entity any ch;tim, or any pm1ion thereof or intet·est
therein, related in any way to College, its members, ownet·s, officers, employees, 01' agents.
Lanning fut1her agrees to indemnify and hold harmless each and all of the Releasees against any
and all claims based upon, arising out o£: or in any way cmmected with any such actual or purpmted
transfer or assignment.
16. Confidentiality by Lanning. Lanning agrees to keep the terms, amount and facts of
this Agreement, including this document, strictly confidential; provided, however, that Lanning may
disclose this Agreement to his tax return preparer, legal counsel, immediate family members, to the
extent needed to enforce his rights under this Agreement, or othetwise as required by law. tanning
fut1her agrees that he shall not initiate any communication with any other person concerning the
terms, amount or facts of this Agreement, including this document, except as permitted in the prior
sentence and as required by law. Lanning fmthe1· agrees to refrain fi·om any action which
disparages College's opet·ations, personnel or pmducts, or which is detrimental to the reputation of
College.
17. Confidentiality and Limited Disclosut·e by College. College agt·ees to keep the
terms, amount and facts of this Agreement, including this document, and the facts giving rise to this
Agreement, strictly confidential; provided, howevet·, that College may disclose this Agreement to
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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 m·
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 fi·om 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 this 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.
PLEASE READ CAREFULLY. THIS AGREEMENT INCLUDES THE RELEASE
OF ALL KNOWN AND UNKNOWN
College
By Ed Dodson
Its Board Chait·
Dated: __ 9-'"-\ o_\lf ____ _
t.f, Wue!tv.hliiu
By II ie Huckestein
Its Interim President
Patricl' M. Lanning
Dated: ____________ _
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Reviewed and approved:
.. ,
Mark B. Comstock, Attorney fol' College
Dated: 4 /lv(2PJ4-
Reviewed and approved:
Randal Acker, Attorney fol' Lanning
Dated:-------------
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