Settlement Agreement and Release of Claims

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SETTLEMENT AGREEMENT AND RELEASE OF CLAIMS

This Settlement Agreement and Release of Claims (Agreement) is entered into by and
between Ms. Amanda Williams (Employee) and the State of Oregon acting by and through the
State Board of Higher Education on behalf of the University of Oregon (University), hereinafter
collectively referred to as the Parties.

WHEREAS, Employee has been employed by Universitys Department of Public Safety
since April of 2009;

WHEREAS, Employee has filed claims against University in a Service Employees
International Union (SEIU) grievance with University, a Bureau of Labor and Industries (BOLI)
complaint against University, and a notice of tort claim against University;

WHEREAS, Employee and University desire to settle fully and finally all issues related
to or arising out of the above-mentioned grievance, BOLI complaint, and notice of tort claim;

NOW, THEREFORE, in consideration of the mutual promises and covenants herein
contained, Employee and University agree as follows.

1.0

1.1 University will remove from Employees personnel file the clarification letter
dated March 18, 2011 that relates to time-off she took under the FLMA.

1.2 University will provide Employee a new evaluation for the relevant timeframe in
which the above-mentioned clarification letter was sent that does not consider or refer to the
FMLA issues referred to in the clarification letter, and which is completed and reviewed by
personnel other than Casey Boyd or Scott Cameron.

1.3 University will provide workplace harassment training for all DPS line officers.

1.4 University will ensure that Employee is not supervised in any capacity by Casey
Boyd. Employee also shall not be supervised by Scott Cameron for any regular shifts. However,
there may be some circumstances (e.g. emergencies, holdover shifts, special events) where due
to staffing issues, it may be necessary for Scott Cameron and Employee to work together in the
same shift. In those limited circumstances, Scott Cameron may be the officer in charge of a shift
in which Employee is working. This agreement is not intended to preclude Employee and Scott
Cameron from working together in those circumstances.

1.5 University will not retaliate against Employee for filing or otherwise bringing to
the attention of University management the allegations at issue in Employees SEIU grievance,
BOLI complaint, and notice of tort claim.

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1.6 University will pay attorney fees of $2,000.00 to Employees attorney, Mr. Brian
Pocock. This payment shall be made within 30 days of the date this agreement is signed by the
parties.

1.7 University will provide Employee with 5 tickets to this years Civil War game on
November 26, 2011. The tickets will be for reserved seats in the Universitys Charter Boxes.

1.8 University will allow Employee to have a scheduled day off on November 26,
2011 so that Employee may attend the November 26, 2011 Civil War game.

2.0

2.1 Employee will voluntarily move to dismiss all claims in all venues that are related
to the matters alleged in the above-mentioned SEIU grievance, BOLI complaint, and notice of
tort claim, and waive any and all future claims that may be related to or arise out of the
circumstances underlying the claims in her SEIU grievance, BOLI complaint, and notice of tort
claim.

2.2 Employee represents that except for SEIU grievance, BOLI complaint, and notice
of tort claim referenced above, she has not filed any complaints, causes of action, or claims
against University with any local, state, or federal agency or court, that she will not do so at any
time hereafter as to any acts occurring at any time before Employee executes this Agreement,
and that if any such agency or court assumes jurisdiction of any complaint, cause of action, or
claim against University on behalf of Employee that relates to or arises out of her SEIU
grievance, BOLI complaint, and notice of tort claim, she will request such agency or court to
withdraw from and dismiss the matter.

3.0

3.1 Employee and University acknowledge that this Agreement shall not in any way
be construed as an admission of any liability, fault, or impropriety on any basis whatsoever on
the part of either Party.

3.2 Employee and University will cooperate and will promptly execute any and all
documents and perform any and all acts necessary to effectuate this Agreement.

4.0

4.1 As a material inducement for University to enter into this Agreement, Employee
hereby releases, acquits, and discharges the State of Oregon, the University and their officers,
agents, and employees (collectively Releasees), from any charges, complaints, claims,
liabilities, obligations, promises, agreements, controversies, damages, actions, causes of action,
suits, rights, demands, costs, losses, debts, and expenses (including attorneys fees and costs
actually incurred), of any nature whatsoever, known or unknown (Claim or Claims), which
Employee may now have, own, or hold, or which Employee at any time hereafter may have,
own, or hold, that relates to or arises out of conduct related to her SEIU grievance, BOLI
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complaint, and notice of tort claim. This release and discharge includes all claims, known or
unknown that are based on any conduct occurring prior to the date of execution of this
agreement.

4.2 Notwithstanding any other provision of this Agreement, University and Employee
acknowledge that this Agreement is not intended to waive new claims that may arise in the future
that are based on conduct that occurs after the date this Agreement is signed by the Parties. In
addition, if new conduct occurs in the future that justifies a claim, this Agreement does not waive
any rights Employee may have to offer or admit evidence to support the new claim, even if that
evidence is past conduct underlying her current claims. In such a case, the Parties would be free
to argue the admissibility of such past conduct in the normal course of any potential new
case. This Agreement is only intended to resolve stand-alone claims that are based on past
conduct that occurred prior to the execution of this agreement. (For example, if Employee
alleges misconduct in the future that is based on acts occurring after the execution of this
agreement, such as retaliation for filing the current claims, a new allegation of discrimination,
whistleblowing, etc. , Employee will not be precluded by this Agreement from filing a new
grievance, BOLI complaint or other action based on that misconduct, and supporting such action
with whatever evidence (past or present) that is relevant and otherwise admissible in those types
of actions.

5.0

5.1 Employee represents and agrees that she has read and fully understands all aspects
and provisions of this Agreement, that she is entering into this Agreement voluntarily, and that
she has had the opportunity to consult with an attorney.

5.2 Employee represents and acknowledges that in entering into and executing this
Agreement she does not rely and has not relied upon any representation, statement or promise
made by the University or its regents, agents, officers, employees, representatives, or attorneys,
other than those specifically contained in this Agreement.

5.3 This Agreement shall be binding upon Employee and upon her heirs,
administrators, representatives, executors, successors, and assigns, and shall inure to the benefit
of University, its regents, agents, officers, employees, representatives, and attorneys, and to their
heirs, administrators, representatives, executors, successors, and assigns.

5.4 This Agreement shall in all respects be governed under the laws of the state of
Oregon. Any action seeking an interpretation or enforcement of this Agreement shall be
commenced in the courts of the state of Oregon.

5.5 This Agreement sets forth the entire agreement between the parties and fully
supersedes any and all prior agreements or understandings between the parties pertaining to the
subject matter covered herein. It may not be modified except in writing subscribed to by all
parties.

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5.6 If any term or provision of this Agreement shall to any extent be determined by a
court of competent jurisdiction to be invalid or unenforceable, the remainder of this Agreement
shall not be affected thereby, and each term and provision of this Agreement shall be valid and
enforceable to the fullest extent permitted by law; and it is the intention of the parties hereto that
if any provision of this Agreement is capable of two constructions, one of which would render
the provision void and the other of which would render the provision valid, the provision shall
have the meaning which renders it valid.

5.7 No covenant, term or condition or the breach thereof shall be deemed waived,
except by written consent of the party against whom the waiver is claimed, and any waiver of the
breach of any covenant, term, or condition shall not be deemed to be a waiver of any other
covenant, term or condition herein. Acceptance by a party of any performance by another party
after the time the performance is due shall not constitute a waiver by the first party of the breach
or default of any such covenant, term or condition unless otherwise expressly agreed to by the
first party in writing.

5.8 This Agreement does not establish a precedent in the settlement of any current or future
grievance, claim of unfair labor practice, or other dispute between the parties, and shall not be admissible
as evidence in any future arbitration, administrative or court proceeding, except in a proceeding brought
to enforce the terms hereof.

5.9 Any notice under this Agreement shall be in writing and be delivered in person or
by public or private courier service (including U.S. Postal Service Express Mail) or certified mail
with return receipt requested or by facsimile. All notices shall be addressed to the parties at the
following addresses or at such other addresses as the parties may from time to time direct in
writing:

the University: Vice President for Finance and Administration
103 J ohnson Hall
1283 University of Oregon
Eugene, OR 97403-1283
Fax: (541) 346-6614

the Employee: Ms. Amanda Williams
Last known address on file with Human Resources


University Employee


____________________________ _____________________________
Frances Dyke Ms. Amanda Williams
Vice President for Finance and Administration

Date:_________________________ Date:________________________