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El Sawi Resignation

El Sawi Resignation

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Published by Mark Ranzenberger
The resignation letter of former Central Michigan University Medical School Associate Dean Newad El-Sawi, details of her severance package, and details of the agreement governing her resignation, effective Jan. 25, 2011.
The resignation letter of former Central Michigan University Medical School Associate Dean Newad El-Sawi, details of her severance package, and details of the agreement governing her resignation, effective Jan. 25, 2011.

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Categories:Types, Letters
Published by: Mark Ranzenberger on Feb 24, 2011
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January 24, 2011

Dr. Ernie Yoder College of Medicine Rowe 208


Per our recent discussions, J am hereby submitting my resignation from the position of Associate Dean/Medical Education and Faculty Development. 1 am requesting that my last day of employment with Central Michigan University be effective January 25, 2011.

I have enjoyed my time with eMU and the relationships I have been able to establish. If you need any additional infonnation or have questions, please do not hesitate to let me know.


Dr. Nehad EI-Sawi

cc: Human Resources

.... _. _ ... _-_ ... _--_ .. -._--------------




This Severance and Release Agreement is entered into by Dr. N ehad I. El-Sewi, Associate Dean/Medical Education and Faculty Development for the Collge of Medicine (the "Eligible Employee") and Central Mlchigan University ( .. the University'') and is effective this 25th day of January. 2011 (the "Effective Date").

1. Resignation. The Eligible Employee has resigned from his/her position of Associate

DeanlMedica1 Education and Faculty Development for the College of Medicine and from hislher employment with the University, and the University has accepted Eligible Employee's resignation as January 25, 2011 and agrees to execute this Agreement.

2. Severance Payment. A lump sum payment shall be made to the Eligible Employee equal to six (6) months base salary plus an allowance for health care premiums equivalent to six (6) months employer contributions to the medical, dental, and prescription drug plans in which Eligible Employee is enrolled as of January 25, 2011. In addition, the university shall contribute the normal university retirement contribution (l0%) on the base salary portion of the "termination paymentU • This payment will be made to a TIAA-CREF or Fidelity contract in the Eligible Employee's name. No other benefits, including retirement contributions, will be made by the University after the Eligible Employee's termination date.

3. Aecumulated Vacation Pay. If at the time the Eligible Employee severs their employment with the University and the Eligible Employee is entitled, in accordance with the University's personnel policies, to payment for accrued and unused vacation pay (not to exceed 160 hours), such payment, less applicable taxes and normal withholdings, shall be made in accordance with the University's personnel policies or with the severance payment and shall be determined as of the severance date.

4. Paymeat Timing. Payments to the Eligible Employee, less Employee's portion of Social Security, and less federal and state withholding, will be paid within 15 days after any recision period (as decribed in 9.e.) has expired.

S. Unemployment Benefits. The Eligible Employee acknowledges and agrees that his/her unemployment as a result of his/her resignation is voluntary, without good cause attributable to the University. The Eligible Employee understands that because his/her resignation is voluntary, (s)he is disqualified for benefits under Section 29(1)(0) of the Michigan Employment Security Act.

6. COBRA. It is understood by the parties that Eligible Employee may continue to be covered for up to eighteen (18) months by the University's group health, prescription drug, dental and (if applicable) vision insurances if she chooses, by paying the premium due according to the provisions of COBRA. The University's Benefits and Wellness Office will send

Severance and Release Agreement Page 2 ofS

COBRA information to Eligible Employee within fourteen (14) days of its notification of her resignation. This notice will be sent to the Eligible Employee's address of record.

7. Additional Compensatlon. Eligible Employee acknowledges and agrees that the sums paid to himlher pursuant to this Agreement are in excess of any compensation owed to the Eligible Employee as of hislher severance date.

8. Release of Any and All Claims, Except Those Claims Whick May Arise Under the Age DucliminatioD In Employment Act. In consideration of the sum set forth in Sections 2, 3, and 4, above, the Eligible Employee on the Eligible Employee's behalf and on behalf of any spouse, heirs, successors, executors. administrators, personal representatives, and assigns, releases and forever discharges the University and each of its current or former Board of Trustees members, Board of Trustees, administrators, directors, employees, agents and representatives, both individually and in their official capacities, (collectively. the "Releasees"), from any and all claims, demands. actions, causes of action, grievances, known or unknown, damages, obligations, agreements, and/or losses of every kind and description whether in law, in equity. or otherwise, which they may have ever bad or may now have, foreseen or unforeseen, against the Releasees, including any claims of contract. claims of negligence, claims of intentional wrongs, claims of any violation of laws, federal, state or local, whether constitutional, statutory or common law, including without limitation, any and all civil rights laws and any claims for costs, expenses or attorney fees to the extent allowed by controlling law. Nothing in this Agreement is intended nor should be construed to interfere with the enforcement mandate of a federal or state civil rights agency, to the extent required by controlling law.

It is specifically understood and agreed that this Agreement is a full, complete and general release; that it is intended to be as broad and inclusive as pennitted by law; and that if any term or provision of this Release shall be held invalid, illegal, unenforceable or in conflict with any law governing the Release, the validity of the remaining portion of this Release shall not be affected but shall continue in full force and effect to the fullest extent allowed by law.

9. Age Discrimination in Employment Ad Claims.

a. Release of Age Discrimination in Employment Act Claims. For valuable consideration elsewhere described in this Agreement, including the severance payment, the Eligible Employee on the Eligible Employee's behalf and on the behalf of any spouse, heirs, successors, executors, administrators, personal representatives and assigns, waives, releases and forever discharges and agrees to settle any and all rights. claims, demands, damages, actions, causes of action, known or unknown, obligations, agreements, and/or losses of every kind and description, whether in law, in equity, or otherwise. which the Eligible Employee may have ever had, or has as of the date of his/her execution of this Agreement, foreseen or unforeseen, against Releasees, WIder the Age Discrimination in Employment Act. 29 U.S.C. § 621, et seq, as amended. to the extent allowed by controlling law This waiver of any rights Wider the Act and release of claims is made by the Eligible Employee in a knowing and voluntary manner.

,'h_+.,. •••••. , __ _ .• _, .•. .. ~ __ ._. . _ _ ~ __

Severance and Release Agreement Page 3 of 5

b. LimitatioD of Release of Age Diseriminatjon in Employment Ad. This Agreement does not waive any right or claim under the Age Discrimination in Employment Act, as amended, which may arise after the date this Agreement is executed.

c. Recognition of Additional Consideration. The Eligible Employee agrees that the rights waived and released under the Age Discrimination in Employment Act, as amended, are in exchange for valuable consideration including the severance payment, which the Eligible Employee acknowledges is in addition to anything of value to which the Eligible Employee is already owed by the Releasees.

d. 21~Day Consideration Period. The Eligible Employee agrees that he/she has been provided by the University with a period of at least twenty-one (21) days from which this Agreement was initially presented to the Eligible Employee during which the Eligible Employee has had the opportunity to consider the Agreement and its terms prior to its execution (recognizing, however, that the Eligible Employee has the right to voluntarily execute this Agreement prior to the expiration of the twenty-one (21) day consideration period). The Eligible Employee and the University agree that changes to the Agreement originally presented to the Eligible Employee, whether material or immaterial, do not start the running of a new twenty-one (21) day period for consideration.

e. Seven-Day Revocation Period. This Agreement shall not become effective or enforceable against the Eligible Employee until seven (7) days following the execution of this Agreement. The Eligible Employee may revoke this Agreement by indicating in writing to Interim Associate Vice President of Human Resources, Rowe 109. by 5:00 p.m. of the seventh day following the execution of Agreement. an intention to revoke this Agreement. Absent any such revocation, this Agreement shall become enforceable as set out above.

10. Complete S.tisfaetion. It is understood and agreed that the terms and conditions of this Agreement represent a full and complete disposition in satisfaction of the University's legal, employment and contractual obligations to the Eligible Employee; provided, however, that either party may enforce this Agreement in any court of competent jurisdiction and may seek whatever relief is available and appropriate, including, but not limited to, specific performance of this Agreement.

11. Notiee to Consult with Attorney. The Eligible Employee recognizes that the Eligible Employee has been advised in writing by the University in this Agreement to consult with an attorney prior to executing this Agreement. and has either so consulted with an attorney. or has foregone the advice to consult with an attorney prior to executing this Agreement.

12. Plain Language. The Eligible Employee agrees that this Agreement has been written in a manner which is understandable to the Eligible Employee; that the Eligible Employee has been given the opportunity to review the Agreement with an attorney of his/her choice; and

-----_._--_ .. _._---------------------_._------

· .

Severance and Release Agreement Page 4 of5

that the Eligible Employee has reviewed the Agreement and understands all of its terms, provisions and conditions.

13. Waiver of Reinstatement. The Eligible Employee waives any right to employment with the University and understands that the resignation is irrevocable.

14. Reference s, The University agrees to respond to all requests for references or request for corroboration of Eligible Employee's employment with University by stating dates of employment and positions held. Eligible Employee agrees to direct all requests for corroboration of her employment with University to the Dean/College of Medicine. 207 Rowe Hall, Mount Pleasant. Michigan 48859. who may address her skills and abilities.

15. No Prevailing Party. The Eligible Employee agrees that neither this Agreement nor any part of it shall be interpreted to render the Eligible Employee a prevailing party for any reason, including but not limited to, an award of attorney fees or costs, and that any attorney fees or costs claimed now or in the future are included in the amount paid pursuant to Section 2.

16. No Admission of Liability. The Eligible Employee recognizes and acknowledges that neither this Agreement nor any payments under this Agreement shall be construed as an acknowledgment or admission of any liability, wrongdoing, or unlawful act by any of the Releasees, all liability being expressly denied.

17. Confidentiality. The Eligible Employee hereby agrees not to disclose or comment on or permit any agent or representative or assign to disclose or comment on the tenns of this Agreement, including but not limited to, the amount paid, to any person or entity other than an Attorney. The Eligible Employee understands that such nondisclosure is a material consideration for the Releasees having entered into this Agreement, and that any such disclosure shall be a material and actionable breach of this Agreement. The Eligible Employee also agrees not to disclose any information relative to University's trade secrets, commercial or financial information. Confidential or proprietary information is that information disclosed to Eligible Employee or know by her as a consequence of her employment and not generally known outside the University.

18. Non-disparagement. It is further specifically acknowledged and agreed by the Eligible Employee that as a material condition of the consideration contained herein, the Eligible Employee shall not by oral or written expression or any other act of communication to any third party disparage, criticize or impugn the reputation or character of any of the Releasees based on any event or circumstances arising out of or related to employment with the University or separation therefrom. The Eligible Employee further agrees that this provision concerning non-disparagement is an essential part of this Agreement. and that any violation of the terms of this paragraph shall be deemed a material breach of the entire Agreement.

19. Return of University Property. The Eligible Employee agrees to make any and all necessary arrangements to return to the University, by 5:00 p.m. on January 25th, all keys, ID cards, work product, research and any other materials. computers/laptops, cell phones, pagers, University lD card, and the like, belonging to the University.

Severance and Release Agreement Page 5 ofS

20. Entire Agreement. The Eligible Employee agrees that this Agreement shall be binding and inure to the benefit of his/her successors, executors, administrators, personal representatives and assigns, and to the benefit of the predecessors, successors. and assigns of the Releasees and further agrees and acknowledges that this Agreement contains and comprises the entire agreement and understandings of the parties, and that there are no additional promises or tenus of this Agreement, other than those contained within this document and the documents referenced herein.

21. Governing Law. This Agreement shall be governed and construed according to the laws of the State of Michigan, which shall be the forum for any lawsuits arising from or incident to this Agreement.

22. Severability. If any provision of this Agreement shall for any reason be held invalid, illegal, unenforceable, or in conflict with any law governing this Agreement, the validity of the remaining portions of this Agreement shall not be affected but shall continue in full legal force and effect to the fullest extent allowed by law.


In witness whereof the parties sign this Agreement:


Nehad 1. El-Sawi



Lori ella, Interim Associate Vice President! Human Resources

Date I 7

1& ~()II




DATE: January 25. 2011


FROM: MaxIne Kent, Associate Vic. President/Human Resources

The following total compensation statement identifies your 2010-2011 base pay and university's contribution for major components of your total compensation. The 2010-2011 total compensation reflected on this statement is an estimate that reflects both actual and projected compensation based on your personal situation as of 0112512011.

2010·2011 Annual Base Pa~

2010-2011 Additional Earnings Paid to Date· (If applicable) Social Security Contribution

Retirement Contribution

Prescription Drug Insurance Dantallnsluralnce_

Employee Term Life Insuranc Long Term Disability Insurancel" ...... 1It Tuition Waiver Applied to Date (If applicable) 2010·2011 Annual Cost of Benefits

2010·2011 Total Compensation Package

$238,691.75 -,

The totals noted above do not include paid time off, unemployment or worker's compensation.

The information included as part of this statement is subject to the legal documents that pertain to benefit plans, policlesl procedures, contracts and collective bargaining agreements. These documents are controlling as to the avaIlability and amount of benefits. This statement is not a contract, nor does it constitute a contract or a guarantee of continual employment or expenditures.

·Additional Earnings include actual earnings that are in addition to your annual base pay such as overtime, higher classification pay, supplemental assignment pay and bonuses. Any amount reflected for additional earnings is based on year-to-date earnings as of 0112512011.

Please contact the Employment & Compensation Office at (989) 774-2010 with any questions.



;1 r. (' "', 'f ,. 0

,. L, .. ' t ~ c.


zon I%V S Pfl 3 2!

May 1,2010

HU;.'iJ',:i i1[SOUftC[S

Dr. Nehad I. El-Sawi, Ph.D. 4901 Womall Road Apt #304 Kansas City, Missouri 64112

Dear Dr. EI-Sawi:

I am pleased to confirm the offer extended to you by Dr. Cam Enarson, Interim Dean of the College of Medicine to fill the position of Associate DeanlMedieal Education and Faculty Development for the College of Medicine at Central Michigan University. Your appointment as Associate Dean is effective July 9t 2010. Please let Dr. Enarson know if you need to change the date of your appointment. You will be directly responsible to the Founding Dean of the College of Medicine. This appointment is as a regular, full-time Senior Officer. As a Senior Officer, you will be an "at-will" employee serving at the pleasure of the President.

Your annualized salary will be $200,000. Senior Officer salaries are typically reviewed annually at the beginning of each fiscal year, which is July 151; however, due to the timing of this appointment. you will not be eligible for a salary increase prior to the beginning of the 2011-12 fiscal year. Senior Officers are not eligible to receive additional salary for supplemental eMU assignments beyond their normal responsibilities. In accordance with the Fair Labor Standards Act, you are not eligible to receive overtime payments.

In addition to your appointment as Associate Dean, the University recognizes your credentials as a Ph.D. in Microbiology and has recommended your appointment to include tenured faculty status. I support this recommendation and, in turn" will recommend your appointment as a tenured professor to the Central Michigan University Board of Trustees. The award of tenure resides exclusively with the Board of Trustees. However, I forecast no difficulties in securing approval of the Board. This aspect of your appointment carries no additional salary or benefits beyond the title of professor. Your appointment as Associate Dean will be with academic rank. and tenure in an appropriate academic department of the College of Medicine once the organizational structure of the College is determined.

As a Senior Officer, you will participate in our flexible benefit plan "CMU Choices." All your benefits will be effective immediately upon your employment. Enclosed is a brief outline describing benefit enrollment, this outline is critical to your benefit elections. More extensive explanations about specific options available under the plan are available at http://cmich.edulHR HomelBenefits and Wellness.htrn or from representatives of Human ResourceslBenefits & Wellness who may be contacted at (989) 774- 3661.

An orientation program will be established for you shortly after your arrival. An email will be sent to your CMU email account notifying you of your orientation schedule, as well as providing the instructions for your eMU Choices and retirement benefits enrollment. Your enrollment must be completed online no later than 30 calendar days from the start date of your employment. Additional information regarding enrollment can be found at http://cmich.eduIHRHome/BenefitsandWelInesslNewHireBenefits.htm.



Dr. Nehad I. EI-Sawi, Letter of Appointment May It 2010

Page 2

The University will pay up to a maximum ofS7,SOO for expenses involved in moving your household belongings to the Mt. Pleasant area. Please retain original receipts for reimbursement. Under IRS guidelines, some expenses may be taxable. The procedures for claiming moving expenses are handled through the University's Purchasing department (see www.purchasing.cmich.edu). In addition, the University will pay the travel and lodging costs of one campus visit by you to locate housing. A oneweek visit is deemed by CMU to be a reasonable length oftime for such a visit. The University's commitment to cover these expenses is based on an understanding that you will use the least expensive available air transportation.

If you agree with the terms and conditions contained in and outlined in this letter, please sign below, retain a copy for your records, and return the signed original to Human Resources no later than May 10th• This will be indication of your acceptance of the stated arrangements. You may expedite return of your acceptance by faxing your letter to 989-774-3256. However, please return the original copy of the signed letter to eMU, Human Resources, Rowe 109, Mt, Pleasant, MI 48859. Also. you must nmort to Human ResoW'Ces. Rowe 109. on or before your first day of employment to complete proper employment

authorization forms. .

If you have any questions about your appointment, please do not hesitate to contact me or Dr. Gary Shapiro at (989) 774-1162. I am pleased that you will soon be joining the staffat Central Michigan University and sincerely hope you find your work experience to be rewarding and pleasant. I am confident that you will make significant contributions to Central Michigan University. Welcome to the University.



George E. Ross, Ph.D. President

c: Provost Gary Shapiro Robert Martin

Cali Clark

I understand and accept the above conditions of appointment.

Mu. j 4--, ZtPIO


Halfmann. Mary B.






Moss, Angie

Thursday, January 27, 2011 8:43 AM Halfmann, Mary B.

Wagester, Kimberly Anne

Nehad Elsawi #467543

The following was keyed for her final paycheck which is not indicated on the timesheets:

1/10/11 8hrs Paid Absence
1/11/11 8hrs Paid Absence
1/24/11 3.34hrs Paid Absence
1/24/11 4.66hrs Vacation Pay
1/25/11 8hrs Paid Absence Please let me know if you have any questions, thanks!

Clngie S . .M.o.16

Administrative Clerk Central Michigan University Payroll & Travel Services 204 Warriner Hall

Mount Pleasant, MI 48859 Phone: (989) 774-3483 Fax: (989)774-1069 halfm1a@cmich.edu


Clark. Call





Pridgeon, Jacqueline A.

Wednesday, January 12, 2011 4:55 PM Clark, Call; Smart, Kevin Joseph Nehad Elsawl

Here are the eMU health contributions for Nehad:

M thl

6 M th

Medical Prescription Dental Total

on Iy on s
$353.38 $2,120.28
$66.32 $397.92
$24.18 $145.08 $443.88


She is receiving a 10% retirement contribution to TIAA-CREF. Thanks.

Jacqueline Pridgeon, PHR

Interim Director/Benefits and WeUness Central Michigan University

108 Rowe Hall, Mount Pleasant, MI 48859

Phone: (989)774-3661 Fax: (989)774-1058 Email: pddetJa@cm!cb cdu

Web: bnp:/fwww.cmlcb.edu/br

This message (Including any attachments) may contain conficlenliallrtformat/on and Is tntendecJ only for the Individual(s) named. Please notify and« if you haW! received this emllll by mistake IIIId dellJtelt fmm your B)'Slem. PIHH do not di5lrlbute, lX¥ly or forward this email without the permission of the sender. Thank youl


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