Settlement agreement

SETTLEMENT AGREEMENT AND GENERAL RELEASE OF CLAIMS AND DEFENSES PARTIES This Settlement Agreement and General Release of Claims and Defenses (the “Settlement Agreement”) is made and entered into as of December 15, 2014 (the “Effective Date”) between Evan Hildebrand, by and through his parent, Constance Hildebrand; Robert Sargent, by and through his parents, Kimberly and Robert Sargent; Ty’Ree Heath, by and through his parent, Teressa Heath; and William Packnett, by and through his parents Michael Packnett and Jacquel Dean (the “Plaintiffs”) and Northwest Local School District Board of Education (“School Defendants”) for the purpose of resolving by compromise and settlement the claims, defenses, 1iabilities and disputes arising out of EN., a nZinOJ; by and through his parent, Constance Hildebrand, ci al. 1’. Northwest Local Sc/zoo! District et a!., pending in the United States District Court. Southern District of Ohio, Western Division, Case Number 1:14-CV00694, (the “Lawsuit”), as more fully set forth herein. In the remainder of this Settlement Agreement, Plaintiffs and the School Defendants shall be referred to collectively as “the Parties” and each individually as a “Party.” The Settlement Agreement is as follows: RECITALS This Settlement Agreement is entered into by the Parties with reference to the following facts: 1. WHEREAS, on September 2, 2014, Plaintiffs filed in the United States District Court. Southern District of Ohio, Western Division the Lawsuit E.ff, a minor, by and through his parent, Constance Hi!debrand, ci at v. Northwest Loca! School District ci at Case Number 1:1 4-CV-00694; 2. WHEREAS, the School Defendants have denied and continue to deny any liability to Plaintiffs in the action; 3. WHEREAS, in early April 2014, the School Defendants were faced with a challenging school atmosphere following a weapon being brought to school and an off-campus shooting involving current students. The School Defendants felt compelled to swiftly impose disciplinary action for a number of students, including Plaintiffs, for activities that School Defendants believed were collectively contributing to ongoing concerns for student safety in the days following the shooting, even though neither of these incidents involved Plaintiffs. The presen’ation of student safety is the highest priority of School Defendants; 4. WHEREAS, the Plaintiffs, to varying degrees, were involved in hip-hop culture and other expressions on and off school ground prior to being disciplined on April 10, 2014. School Defendants acknowledge that Plaintiffs do not shed their Constitutional rights at the schoolhouse gates. Some other students involved in hip-hop culture and other expressions chose to engage in dangerous behavior that Page 1 of 6 Plaintiff did not join and do not condone. While Plaintiffs assert the right of students to individual expression, they find the violent and intimidating behavior that contributed to the challenging school atmosphere in early April 2014 to be reprehensible; 5. WHEREAS, Plaintiffs acknowledge that in the context of early April 2014, it is understandable that some members of the school community misinterpreted some of Plaintiffs actions as potentially threatening to student safety; 6. WHEREAS, it is expressly understood and agreed that this Agreement shall not constitute an admission by any party or indicate in any degree an admission of the truth or correctness of any claim or defense asserted in this action; and 7. WHEREAS, because of the cost and uncertainty of litigation, the Parties are desirous of settling and compromising the aforementioned action and all civil claims, demands, and causes of action existing between Plaintiffs and School Defendants in accordance with the terms set out in this Agreement; Page 2 of 6 AGREEMENTS, RELEASES, AND PROMISES NOV THEREFORE, in consideration of the facts and general releases and promises contained herein, and for other good and valuable consideration, the receipt of which is acknowledged by the Parties, the Parties promise and agree as follows: 1. The Parties shall meet and jointly plan a diversity respect program to be given at Colerain High School prior to the end of the 2014-15 school year. 2. The Plaintiffs shall provide valuable public service to the community by playing a significant role in the diversity respect program. 3. School Defendants shall ensure meaningful participation by Colerain High School staff, administration, and other students in the diversity respect program. 4. The purpose of the diversity respect program is to foster racial understanding in the context of a positive and safe school environment that is supportive of students of all races and ethnicity. The Parties believe that enhancing safety and respect in the school environment is an ongoing process that will require further efforts following the diversity respect program. School Defendants are committed to taking additional steps to address the challenges and opportunities identified during the development and execution of the diversity respect program. 5. On or before December 31, 2014, School Defendants shall expunge from Plaintiffs’ school records the expulsions that are the subject of the Lawsuit. 6. On or before December 31, 2014, School Defendants shall correct Plaintiffs’ 2013-14 grades so that they are restored to the levels they had been prior to Plaintiffs’ removal from school on April 10, 2014. 7. Plaintiffs’ counsel shall jointly draft with School Defendants’ counsel a letter to the Federal Department of Education’s Office of Civil Rights describing the positive steps that the School Defendants have taken as part of the settlement of this case to address the issue of racial respect and diversity in their District. This joint letter shall be supportive of the Federal Department of Education entering into a voluntary agreement with School Defendants regarding the OCR Docket # 15-12-1135. 8. Plaintiffs shall be awarded reasonable attorney fees, costs, and expenses. 9. Parties agree to issue a joint press release regarding the settlement. Plaintiffs and School Defendants shall only comment on the settlement through their designated spokespersons. For Plaintiffs, this is Plaintiffs’ counsel. For School Defendants this is the District’s Superintendent. Page3 of 6 10. Plaintiffs acknowledge and agree that the terms of this Agreement, all consideration and all promises and undertakings are with the express understanding that no liability, legal or otherwise, negligence or act of wrongdoing of any kind is admitted by the School Defendants, and that all consideration is made and received and the promises and undertakings are made in fill satisfaction and discharge and release of all claims as provided in this Agreement. 11. It is expressly understood and agreed by the Plaintiffs that the releases contained in this Agreement include a full and final settlement of any and all actual and potential civil claims, injuries, losses, damages, costs, expenses and other compensation of whatever kind and nature existing as of the effective date of the Agreement, whether known or unknown, foreseen or unforeseen, including but not limited to claims based upon contract, alleged constitutional violations, personal injury, alleged violations of statute, equity and/or in tort, and whether the effects and consequences are known or unknown, foreseen or unforeseen arising out of or relating to the Lawsuit. 12. The Court shall retain jurisdiction over the Settlement Agreement, including jurisdiction necessary for the sake of facilitating the planning of the diversity respect program and its implementation. 13. This Settlement Agreement is entered into in the State of Ohio, and any rights, remedies, or obligations provided for in this Settlement Agreement shall be construed and enforced in accordance with the laws of Ohio. 14. The Settlement Agreement is effective on the date executed by the Parties. 15. This Settlement Agreement shalL be construed as if the Parties jointly prepared it, and any uncertainty or ambiguity in this Settlement Agreement shall not be interpreted against any one Party. 16. This Settlement Agreement may be executed in counterparts. each of which shall be deemed to be an original, but all of which. taken together, shall constitute one and the same agreement. 17. This Settlement Agreement shall not be altered, amended, or modified by oral representation made before or after the execution of this Settlement Agreement by the Parties. All modifications must be in writing and duly executed by all Parties. 18. The Parties represent and warrant to each other that each is the sole and lawful owner of all right, title, and interest in and to every claim and other matter which each releases in this Settlement Agreement and that they have not previously assigned or transferred, or purported to do so, to any person or other entity any right, title, or interest in any such claim or other matter. Page 4 of 6 19. The Parties acknowledge that this Settlement Agreement is executed voluntarily by each of them without any duress or undue influence on the part of, or on behalf of, any of them. The Parties further acknowledge that they have or had the opportunity for representation in the negotiations for, and in the performance, this Settlement Agreement by counsel of their choice and that they have read this Settlement Agreement and have had it fully explained to them by their counsel, and that they are fully aware of the contents of this Settlement Agreement and its legal effect. 20. This Settlement Agreement shall be binding on and shall inure to the benefit of the Parties and their respective heirs, executors, administrators, agents, representatives, successors, and assigns. 21. This Settlement Agreement constitutes a single, integrated, written contract expressing the entire understanding and agreement between the Parties, and the terms of this Settlement Agreement are contractual and not merely recitals. 22. There is no other agreement, written or oral, expressed or implied between the parties with respect to the subject matter of this Settlement Agreement, and the Parties declare and represent that no promise, inducement, or other agreement not expressly contained in this Settlement Agreement has been made conferring any benefit upon them. 23. The individuals whose signatures are affixed to this Settlement Agreement in a representative capacity represent and warrant that they are authorized to execute this Settlement Agreement on behalf of and to bind the entity on whose behalf the signature is affixed. 24. This Settlement Agreement may be executed in counterpart facsimile signatures and all such counterparts shall constitute a single form of this Settlement Agreement. 25. Upon execution of this Settlement Agreement, Plaintiffs shall dismiss their Complaint against all parties in the litigation. IN WITNESS WHEREOF, the Parties hereto have caused this document to be executed as of___________ & Evan Hildebrand, Plaintiff, by and through his parent, Constance Hildebrand Date //3 -/ Robert Sargent, Plaintiff, band through his Date Page 5 of 6 parents, Kimberly and obert Sargent ‘Ree Heath, Plaintiff, byqd tjiroujh,Ijip1 par nt, Teressa Heath 7I-zL& 4%J ; /; c)4 Date /1-/ -/ 124 Wi iam l4acknett, Plaintiff, by and through his par nts, Michael Packnett and Jaquel Dean Date Northwest Local School District Board of Education, Treasurer Date Northwest Local School District Board of Education, President Date Page 6 of 6