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SETTLEMENT AGREEMENT AND GENERAL RELEASE THIS SETTLEMENT AGREEMENT AND GENERAL RELEASE (the “Agreement”) this 20th day of May 2019 between Keith Mumphery (“Mumphery”), }0e” and collectively with Mumphery the “Plaintiffs”), and Michigan State University (*MSU” and collectively with Mumphery and Doe the “Parties”), in compromise of all claims Plaintiffs have or ever hed against MSU, and as more fully set forth below. SECTION I: RECITALS 1. _Onor about November 26, 2017, Doe filed an action in the United States District Court for the Wester District of Michigan, captioned Doe v. Michigan State University, et al., Civil Action No, 17-cv-1034 (the “Doe Litigation”), 2. On or about May 22, 2018, Mumphery filed an action in the United States District Court for the Westom District of Michigan, captioned Mumphery v. Michigan State University, et al., Civil Action No, 18-cy-576 (the “Mumphery Litigation”). 3. MSU denies and continues to deny the allegstions and claims that Plaintiffs have asserted in comnection with both the Doe Litigetion and the Mumphery Litigation, 4. Both the Doe Litigation and the Mumphery Litigation raise issues concerning an internal Title IX investigation and adjudication conducted by MSU. MSU's Title IX office conducted an initial Title [X Investigation stemming from Doo’s complaint. Mumphery denies the allegations contained in Doe’s Complaint. On September 8, 2015, Mr. Mumphery ‘was found to be not responsible for the allegations. Following an appeal filed by Doe, MSU conducted a second Title IX investigation concerning Doe's allegations. The findings of the second investigation were set out in a March 26, 2016 report, which findings later resulted in sanctions being imposed on Mumphery (all such processes referred to as the “Title IX Investigation”). After careful consideration, MSU agrees that there were certain issues in the Title IX Investigation, that, under the particular circumstances of this case, may warrant a new investigation and/or hearing. The Parties have jointly agreed that the findings of the Title IX Investigation, including the March 26, 2016 report and subsequent sanctions, will be set aside, Both Doe and Murnphery have agreed with each other (and MSU has also agreed) that there will not be a new investigation or adjudication of the claims under MSU's processes and procedures. 5. The Parties wish to avoid the costs and uncertainty of further litigation and settle Mumphery and Doe's claims without eny edmission of libility by MSU. SECTION I: TERMS OF SETTLEMENT 6. Settlement Payment. Within thirty (30) days of receiving @ copy of this [Agreement duly executed by Mumphery and Doe and a W-9 from each of them, MSU will issue ‘a check in the settlement amounts set out in separate riders for Doe and Mumphery, which Doe and Mumphery agree will not be shared with the other. ‘The check for Doe will be made payable to “Karen Truszkowski, Esquire.” The check for Mumphery will be made payable to “NESENOFF &MILTENBERG LLP". 7. General Release. Upon execution of this Agreement, Mumphery, Doe and ‘MSU, and theit respective past, present, and future heirs, executors, administrators, officers, ‘trustees, employees, successors, assigns, agents, affiliated entities, and anyone who may claim by, through, or with them, hereby irrevocably and forever release, forgive, and discharge each other and anyone who may be liable with them, including their employees, agents, trustees, and insurance carriers, now or in the future from any and all claims, demands, causes of action, obligations, debts, and/or liabilities of any kind or nature whatsoever, including but not limited to all claims and damages relating to, connected with, or arising from the subject matter of the Litigation, from the beginning of the world until the date of the execution of this Agreement. Doe specifically acknowledges that this release includes all defendants who were named, or who could have been named, in the Doe Litigation, including The Michigan State University Board of ‘Trustees and Lou Anna Simon. Mumphery specifically acknowledges that this release includes all.defendants who were named, or who could have been named, in the Mumphery Litigation, including The Michigan State University Board of Trustees, Lou Anna Simon, Liz Abdnour, ‘Ande Durojaiye, Rick Shafer, and Denise Maybank. Mumphery and Doe specifically acknowledge and agree that this Agreement applies to all of their current or past claims as set forth in the Litigation, known or unknown, and that this is a General Release and is irrevocable and that they will not file any lawsuits or other claims based on any claims released herein, 8. Responsibility for Taxes. Mumphery and Doe are responsible for any taxes associated with this settlement, and they agree to hold harmless and indemnify MSU for any tax consequences associated with the payments deseribed above. 9. Dismissal of Litigation. Within 5 days of receipt of the Settlement Payment, Mumphery shall dismiss the Mumphery litigation and Doe shall dismiss the Doe Litigation by filing a stipulated dismissal, with prejudice, pursuant to Federal Rule of Civil Procedure 41 (a)(1)(AGi). 10. Agreement Concerning the Title IX Investigation: For the reasons sot forth above, the Parties agree that the findings of the Title IX Investigation are to be set aside and that MSU will not conduct a new title [X investigation relating to Doe’s allegations against Mumphery. MSU takes no position on the allegations between Mumphery and Doe. 11. Confidentiality and Non-Disparagement. a. __Doeand Mumphery and their attomeys understand and agree that the terms and conditions of this Agreement are confidential, and that they will not disclose said terms and conditions to any person or entity; provided, however, that Mumphery may state in ‘communications to individuals, only that the findings of the Title IX Investigation have been set aside. Doe and Mumphery understand that MSU may be obligated to disclose the settlement agreement and/or its terms under Michigan’s Freedom of Information Act. b. The Parties, being satisfied with this settlement and wishing to move forward, agree not to make any public statements regarding the facts underlying MSU’s Title IX investigation and underlying the subsequent Doe Litigation or the Mumphery Litigation ‘that would disparage another Party, SECTION II: MISCELLANEOUS 12, No Admission of Liability. This Agreement is the compromise of disputed claims and shall never be treated for any purpose as an admission of liability and is not an admission. 13. Applicable Law, This Agreement is subject to, governed by, and shall be construed in accordance with the laws of the Stato of Michigan, without regard to principles of contlicts of law or choice of law. 14, Entire Agreement. This Agreement constitutes and contains the entire understanding and agreement between the Parties and cancels and supersedes any and all prior negotiations, correspondence, understandings, term sheets, and agreements, whether verbal or written, between the Parties respecting the subject matter hereof, 15, Amendment. No waiver, modification, or amendment of any provision of this Agreement shall be valid or effective unless made in writing and signed by a duly authorized officer or representative of each of the Parties, 16. Severability. The provisions of this Agreement are severable, and if one or more provisions should be determined to be judicially unenforceable, in whole or in part, the remaining provisions shall nevertheless be binding and enforceable. 17. Construction of Headings. The section, subsection, and any paragraph headings contained herein are for the purpose of convenience only and are not intended to define, limit or affect, and shall not be considered in connection with, the interpretation of any of the terms or provisions of this Agreement, 18, Counterparts. This Agreement may be executed in counterparts and by scanned electronic copy, each of which shall be deemed an original, and all of which together shall constitute one and the same instrament, 19, Certain Terms. Unless otherwise indicated elsewhere in this Agreement, (a) the term “or” shall not be exclusive, (b) the term “including” shall mean “including, but not limited to,” and (¢) the Recitals to this Agreement are fully incorporated into and are an integral part of this Agreement. 20. Anms-Length Negotiations. This Agreement is the result of arms-Letigth negotiations and bargaining among the Parties and no provision hereof, due to any ambiguity found to be contained therein or otherwise, shall be construed against a party by reason of the fact that such party or its legal counsel was the draftsman of that provision, 21, Effective Date. This agreement shall become effective upon the date the last Party executes it and delivers it to the other Party. 3