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SETTLEMENT AGREEMENT AND RELEASE

This Agreement is made and entered into on the dates hereinafter set forth by and
between Tamra Ropeter ("Ropeter"), and the Board of Education of DeKalb Community Unit
School District 428, DeKalb County, Illinois (the "Board") or sometimes referred to as (the
"School District").
WITNESSETH:
WHEREAS, the Board has employed Ropeter as the Principal at DeKalb High School;
and
WHEREAS, Ropeter was placed on paid administrative leave since February 26, 2016
pending the Board's investigation into parent concerns about repercussions from an assembly;
and
WHEREAS, differences have arisen between Ropeter and the Board concerning her
employment and the parties agree to resolve these disputes and issues without resort to further
litigation.
NOW, THEREFORE, in consideration of the promises each to the other made as
hereinafter set forth, and other good and valuable consideration each to the other made, it is
hereby understood and agreed by the parties as follows:
1.
Material Terms. The recitals above are incorporated herein as material terms to
the Agreement.
2.
Settlement Consideration. In consideration of Ropeters execution of this
Agreement and full release and discharge as set forth in Section 2 of this Agreement, the Board
agrees to re-assign Ropeter from her role as Principal to duties and responsibilities which would
require a Professional Educators License with either a Principals or Administrators
endorsement (the Duties) for the remainder of her contract term. In exchange for the
performance of the Duties, Ropeter shall receive all pay including deferred compensation on the
normal pay schedule. Ropeter agrees to resign, effective June 30, 2016, see exhibit A to this
Agreement.
a.
Ropeter shall remain an employee of the School District during the
remainder of the present contract term, which shall entitle her to receive those benefits to
which she is currently enrolled and which are available to qualifying employees of the
School District. The Board agrees to continue Ropeter 's health, dental and vision
benefits through and including June 30, 2016. After that date, Ropeter, if she chooses to
receive health insurance coverage, she shall procure them pursuant to COBRA.
b.
Additionally, in consideration of Ropeter's execution of this Agreement
and full release and discharge as set forth in Section 2 of this Agreement, the District
agrees to provide Ropeter with a letter of reference, attached as Exhibit B.

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3.
Full Release and Discharge. For and in consideration of the receipt of the
Settlement Amount provided by the Board herein and the mutual promises of the parties,
Ropeter does hereby remise, release and forever discharge the Board and the School District, and
its members, officers, agents, employees, insurers, attorneys or successors (Releasees), from
any and all actions, causes of action, claims and demands whatsoever, whether or not well
founded in fact or in law, and from all suits, debts, sums of money, accounts and reckonings,
covenants, contracts, controversies, agreements, promises or judgments whatsoever, whether in
law or in equity, that Ropeter ever had, now has or that her executors or assigns hereafter may
have against Releasees, or by reason of any matter, cause or thing whatsoever up to and
including the date of this Release, including, but not limited, to any and all claims and demands
whatsoever arising out of or in connection with the employment of Ropeter, her administrative
leave and separation, including without limitation, claims for violation of civil rights arising
under any state, federal or local statute (including without limitation, the Family and Medical
Leave Act, the Americans with Disabilities Act, the Civil Rights Act of 1964 (Title VII), the Age
Discrimination in Employment Act and the Illinois Human Rights Act), employment
discrimination, recoveries of attorneys' fees or costs, retaliatory discharge, harassment, breach of
contract, promissory estoppel, defamation, interference with contractual or advantageous
economic relations, fraud or misrepresentation, or the common law or other laws, statutes,
ordinances or other regulations of the United States, the State of Illinois, or any state, county,
city, town, village or municipality.
This waiver and release does not include any action or claim related to Ropeters rights
under this Agreement. Should any governmental agency seek relief on Ropeters behalf,
Ropeter acknowledges here that she is waiving all rights to recover money or other individual
relief in connection with any charge, whether filed by herself, an agency, or anyone else, and
expressly acknowledges that she has been made whole in relation to any such claims by receipt
of the Settlement Amount. Ropeter further warrants and represents that she has no knowledge of
any facts that would support a claim by her under the Fair Labor Standards Act, or any state or
local equivalent, and that she has been paid all earned compensation.
Ropeter agrees that this is a complete and final settlement and specifically affirms her
intention to release not only those claims against the Board and the School District about which
she knows, but also those claims about which she does not know.
4.
Release From Age Discrimination Claim. Ropeter represents and warrants
that she has the right to consult with an attorney prior to executing this Agreement and upon
advice of such counsel does hereby relinquish and waive all rights and legal and equitable
remedies against the Board and the School District and their respective members, individually or
collectively, and their officers, representatives, agents, attorneys, employees, assignees, and
successors that may be provided under the Age Discrimination in Employment Act, as amended,
29 U.S.C. 621 et seq. Further, Ropeter acknowledges that she has been informed of and
understands all rights and claims pursuant to the Older Workers Benefit Protection Act of 1990,
P.L. 101-433 (Act) including, without limitation, the following:
a.
That Ropeter waives rights or claims under the Act only in exchange for
consideration in addition to anything of value to which she already is entitled to arising
out of her employment relationship with the Board; and
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b.
That Ropeter has been provided a period of twenty-one (21) days to
consider this Agreement prior to execution, and further agrees that any changes made to
this Agreement within said twenty-one (21) day period, whether material or immaterial,
will not restart the running of the aforementioned twenty-one (21) day period. Ropeter
understands that she has up to twenty-one (21) days to review and consider this
agreement, but she can voluntarily waive that period and sign the agreement at any time
within the twenty-one day period, subject to her right of revocation set forth below. In
the event that Ropeter elects to voluntarily waive her period of review, she does so
knowingly and voluntarily; and
c.
That for a period of seven (7) days following the execution of the
Agreement, Ropeter may revoke this Agreement, and the Agreement shall not become
effective or enforceable until the revocation period has expired.
5.
Covenant Not to Sue. In addition to waiving and releasing the claims covered by
the Full Release and Discharge, Ropeter agrees never to sue the Board or the School District in
any court for any claim released herein. The parties agree that any such lawsuit, if filed, shall be
dismissed, and if Ropeter sues the Board or the School District in violation of this Agreement,
she shall be liable to the Board and the School District for its reasonable attorneys fees and
other litigation costs in litigating such a suit.
6.
Confidentiality of Agreement. Ropeter and the Board agree that the terms and
provisions of this Agreement are to remain confidential. Ropeter agrees that the terms and
provisions shall not be disclosed to anyone other than her spouse, her attorneys, her union
representative (s), the Illinois Teachers Retirement System, state and federal taxing authorities,
or as otherwise required by law. The Board and Ropeter agree that neither it nor its
administrators will disclose the terms and provisions of this Agreement other than to those agents
or employees necessary to implement the Agreement, its attorneys, state and federal taxing
authorities, or as otherwise required by law including, but not limited to, disclosures required
under the Open Meetings Act and Freedom of Information Act.
7.
Employment Inquiries. In the event of any inquiry from prospective employers
regarding Ropeters employment with the Board, the dates of her employment and salary history
will be released by the authorized designee of the Board, along with copy of the letter attached a
Exhibit B.
8.
Binding Agreement. This Agreement shall be binding upon the Board and
Ropeter , and their respective successors and assigns. This Agreement shall further inure to the
benefit of the parties, their successors, assigns, executors, administrators, personal
representatives, and heirs.
9.
Voluntary Agreement. Ropeter acknowledges and agrees that she has read and
understands the terms of this Agreement and enters into it knowingly and voluntarily, with the
opportunity for advice of legal counsel, and without and duress or undue influence on the part of
or on behalf of any person or party. Ropeter further agrees that she has had the benefit of legal
representation in negotiating and reviewing this Agreement.
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10.
Additional Documents to Effect Agreement. All of the parties hereto agree to
execute any and additional documents necessary to effectuate the intent and purposes of this
Agreement.
11.
Full and Complete Understanding. This Agreement represents the full and
complete understanding of the parties and all prior Agreements, whether oral or written, which
pertain to any of the subject matters expressed herein, are hereby deemed merged into this
Agreement and superseded by the terms and conditions expressed herein. This Agreement may
only be modified in writing by the authorized representative of each party hereto.
12.
Future Employment. Ropeter promises and agrees that she will not apply for
employment with, or accept temporary assignment with, the Board or the School District, or
other affiliated entities at any time in the future. It is the intent of the parties that they will have
no further employment relationship with one another. Therefore, Ropeter agrees that the School
Board shall have no obligation to engage her services in any capacity (e.g., employee, contractor,
temporary employee or consultant) in the future and that any application or request for
employment, or work in any capacity, legitimately and lawfully may be denied solely on the
basis of her breach of this provision of the Agreement. Ropeter further agrees that, because of
circumstances unique to her, she is not eligible for reemployment, or work in any capacity, with
the Board or the School District now or in the future.
13.
Applicable Law and Venue. In all respects, this Agreement shall be interpreted
by the laws of the State of Illinois irrespective of the fact that Ropeter may later become a
resident or domiciliary of another state. Should either party be required to bring an action to
enforce this Agreement, it shall be brought in the venue of Circuit Court, DeKalb County,
Illinois.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the
date written below.
_____________________________________
Tamra Ropeter
_____________________________________
Date
Board of Education of DeKalb Community
Unit School District 428, DeKalb County,
Illinois

By:_________________________________
President
Attest:______________________________
Secretary
___________________________________
Date
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