END OF EMPLOYMENT AGREEMENT BETWEEN EASTERN GATEWAY COMMUNITY COLLEGE AND DR. JIMMIE BRUCE This End of Employment Agreement (“Agreement”) is made and entered into by and between Dr. Jimmie Bruce (“Employee”) and Eastern Gateway Community College (“College”) (collectively referred to as “Parties”). WHEREAS, Employee is party to the Revised Presidential Employment Contract (“Presidential Contract”) entered into on July 31, 2018; WHEREAS, pursuant to Paragraph 7B of the Presidential Contract, on March 31, 2020, Employee gave ninety-days’ notice of his intent to resign as President of Eastem Gateway Community College By Mutual Consent of the Parties (as defined therein); WHEREAS, Employee's resignation shall be effective as of June 30, 2020; and WHEREAS, Employee and College desire to provide for an effective transition for College and agree that it is in the best interest of College to do so in the manner provided for herein; NOW, THEREFORE, Employee and College enter into this Agreement in consideration of all of the above and of the mutual promises contained herein and agree as follows: 1, Resignation: Employee and College agree that Employee provided notice of his resignation as of March 31, 2020 (the “Notice Date”), and that such resignation will be effective as of June 30, 2020. The Parties understand and agree that, between March 31, 2020 and June 30, 2020, Employee will be on professional development leave (the “Professional Development Leave Period”). 2. Professional Development Leave: During the Professional Development Leave Period, the duties of the President will be performed by an individual authorized by the Board of Trustees to act as the Interim President and the Board shall begin a search to secure a permanent replacement for this position, Notwithstanding the foregoing, Employee shall be available on an as-needed, work-ready, full-time basis to provide information, and perform other reasonable, legally permissible services to College within the area of his experience or expertise, with a view toward transitioning his presidential duties, assisting with the effective operation of the College, and supporting the College in fulfilling its mission of educational excellence. Employee will provide such services remotely, by telephone or through email, at the specific request and direction of the Board of Trustees, and will be reimbursed for any reasonable, documented, out- of-pocket expenses specifically incurred in the performance of such services. 3. Payment for Services during and following the Professional Development Leave Period: Employee will continue to be paid his current contractual salary at the rate of of Two Hundred Fifty Thousand Dollars ($250,000) per annum, plus Deferred Compensation at the rate Page 1 of 5of Five Thousand Dollars ($5,000) per annum throughout the Professional Development Leave Period, as well as for the period commencing at the expiration of the Professional Development Leave Period and continuing through June 30, 2021 (the “Separation Period”). During the Professional Development Leave Period and the Separation Period, Employee will continue to receive all medical, dental and vision insurance benefits to which he was entitled as a full-time college employee, as well as all contributions to the State Teachers Retirement System that are required by law and College policies. in accordance with College policies, Employee will be paid for all paid time off accrued but not used through the end of the Professional Development Leave Period in a single lump-sum on the next regular payroll date following June 30, 2020. During the Separation Period, Employee will no longer accrue vacation time, sick leave, or any other paid time off, nor will he be eligible for any other benefits not specifically identified in this Agreement. Subject to the terms in Paragraph 4 below, the Parties agree that Employee's ‘compensation and benefits will end effective June 30, 2021 and no additional compensation will be paid, or benefits provided, after June 30, 2021. 4, Termination of Benefits: If Employee commences full-time comparable employment with comparable health care benefits, vision, and dental coverage with any other employer during the Separation Period, Employee shall provide immediate written notice to College, and the compensation and benefits described in Paragraph 3 above shall cease as of the date of commencement of such employment. The Parties agree that no additional eamed and/or accrued compensation will be paid, or benefits received, after the date on which Employee ‘commences such full-time employment. For the avoidance of doubt, if Employee engages in part-time teaching, consulting or other part-time work at any time during the Separation Period, there will be no cessation or reduction of the compensation or benefits described in Paragraph 3 above. 5. Return of Property: The Parties each agree that they will fully cooperate with one another to arrange for the return of all property and equipment belonging to the other. To that end, the Parties agree that as early as practicable, they will plan for the return of all property in the possession of Employee, including the College automobile, and any electronic devices including laptops and phones. In addition, Employee will be provided with an opportunity to access his office on both of College’s campuses to gather and remove all personal belongings and to retrieve stored electronic information with the assistance of a designated employee from College's information technology department. 6. Future Employment Reference: Any future reference inquiries received by any member of the Board, administration or other College employee will be referred to the College's Office of Human Resources and responded to with only the following information: Dr. Jimmie Bruce was employed as President of Eastem Gateway Community College from July 1, 2015 to June 30, 2020 (or such earlier date during the Professional Development Leave Period as Employee might choose to resign for personal reasons). Notwithstanding the foregoing, no individual Board member, Cabinet member or other College employee will be precluded from providing a positive oral or written reference upon the specific written request of Employee. 7. Non-disparagement: The Parties agree that Employee's resignation will be announced publicly through circulation of the press release agreed upon as Exhibit A hereto. Page 2 of 5Exhibit A will also be circulated to all employees and Board Members of College and those individuals will be directed to (i) limit their communications concerning Employee's tenure as President, his resignation, and any other matter related to Employee to the contents of Exhibit A, and (ii) direct all inquiries from media, the College community, or the public to the Interim President or his successor, who will likewise limit all comments to the contents of Exhibit A. ‘The College agrees to specifically direct and use all reasonable efforts to cause each current member of its Board of Trustees, each member of the Pres et during Employee’s tenure, and other College administrators, individually and in their official capacity, to refrain from intentionally making, or intentionally causing any other person to make, any public written or oral statement in any medium or forum that is intended to criticize or disparage Employee, Employee agrees not to intentionally make, or intentionally cause any other person to make, any public statement that is intended to criticize or disparage the College, or any of its employees or ‘Trustees. Nothing in this Agreement shall prohibit the Parties’ disclosure of information which is required or allowed to be disclosed in compliance with applicable laws. 8. Release: As consideration for entering into this agreement, Employee, on behalf of himself and his heirs, successors, assigns, and agents, hereby fully and forever releases, acquits, and discharges College and its past, present, and future officers, directors, current or former College Board of Trustees members (individually and in their official capacity), employees, agents, attorneys, agencies, assigns, administrators, predecessors, successors in interest, departments, divisions, districts, representatives, and affiliated and/or related entities wherever located, subrogees and insurers, and any other parties who may claim under or through them, or otherwise assert claims for them or on their behalf, jointly and separately, and the State of Ohio (collectively, the “Releasees”) from any and all actions, causes of action, damages, claims, ‘grievances and demands of whatsoever kind or nature, known or unknown, arising on account of, ‘out of, and/or in any way related or connected with Employee's employment or separation thereof through the date of his execution of this Agreement, including, but not limited to, any and all claims arising under the current version and any and all future amendments of the United States Constitution, the Constitution of the State of Ohio, Title VII of the Civil Rights Act of 1964, as amended; the Civil Rights Acts of 1866 and 1871; the Americans with Disabilities Act; the Family and Medical Leave Act of 1993; the Ohio Civil Rights Act; the Employee Retirement Income Security Act, as amended; the Age Discrimination in Employment Act, as amended by the Older Workers’ Benefit Protection Act of 1990; any and all other state or federal laws or public policies. This Agreement does not impact, affect, or otherwise release any rights or benefits Employee has pursuant to any vested benefit or employee benefit plan, including any government administered benefit plan. Employee states that, as of the execution of this Agreement, he has and maintains full and absolute control of the disposition of all charges, liens, claims, demands, sums of money, actions, rights, causes of action, obligat released in this Agreement. Employee fully understands and agrees that this Agreement may be used by the Releasees as a complete defense to any and all claims asserted against it with respect to any charges, liens, claims, demands, sums of money, actions, rights, causes of a obligations, and liabilities released in this Agreement. Employee acknowledges that to the extent that the law may prohibit this Agreement from preventing him from participating in proceedings before any governmental administrative agency (e.g,, the Ohio Civil Rights Commission, the Equal Employment Opportunity Commission, etc.), except where prohibited by law, Employee expressly and voluntarily waives any right that he may have otherwise had to recover any damages or any other relief whatsoever, whether in law, equity, or restitution, in any proceeding Page 3 of Sthat is or may be brought on his behalf by such governmental administrative agency. Employee does not waive or release his rights to enforce the terms of this Agreement or any rights or claims which might arise after the date hereof. 9. Representations: In addition to Employee's other representations in this Agreement, he makes the following representations to College, on which he acknowledges College relied in entering into this Agreement with him: (a) Employee has not suffered any discrimination, harassment, or retaliation on account of his age, sex, race, national origin, disability, marital status, or any other protected status, and none of these ever has been an adverse factor used against Employee by College; (b) Employee has not suffered any job-related wrongs or injuries for which he might receive a workers’ compensation award or be entitled to relief under the FMLA in the future; (c) Employee has no knowledge of any wrongdoing by College that would subject it to any harm, civil or criminal; and (d) Employee has provided no information, oral or in writing, to anyone - individual, corporation or any other organization, private, public or governmental — that involves any wrongdoing, civil or criminal, by College. 10, Advisements: As required by the Older Workers’ Benefit Protection Act, Employee states that his release of the Releasees in this Agreement is knowing and voluntary and that he is receiving consideration for the same. College advises Employee as follows: a He should consult with his attorney prior to executing this Agreement, and he hereby represents that he has done so or had the opportunity to do so; This Agreement has been written in a manner to be understood by him, and he should consult his attorney if he does not understand any provisions of this ‘Agreement; © The release in this Agreement specifically covers any claims of age discrimination; 4 This Agreement does not waive rights or claims that may arise after he signs it; © He has twenty-one (21) calendar days to consider this Agreement and decide whether to sign it, although he may sign it sooner than that if he decides to do so; £ He may revoke this Agreement at any time within seven (7) calendar days after signing it. If he decides to revoke the Agreement, he must provide written notice of such revocation to Interim President Geoghegan at 4000 Sunset Boulevard, Steubenville, Ohio 43952, within seven calendar days after he signs it with a courtesy copy of such notice sent to the Ohio Attorney General, Education Section, 30 E. Broad St., 16" Floor, Columbus, Ohio 43215; and & __ If Employee timely revokes this agreement, College shall not be bound by any of the provisions is agreement, any prior employment agreement, or any collective bargaining agreement as to Employee. 11, No Oral Representations: This is the entire Agreement between Employee and College, superseding all other agreements, discussions, or representations, oral or written, including any and all previous written agreements or understandings pertaining to Employee's employment at College. Other than the terms of this Agreement, no promises or inducements have been made by or to either party. Page 4 of 512. Severability: The Parties intend this Agreement to be binding, final, and enforceable. If there is any question regarding the enforceability of any provision of this Agreement, such provision shall be construed in a manner consistent with its apparent purpose so as to be enforceable, if possible, or, if not possible, such unenforceable provision shall be stricken, and the rest of the Agreement shall remain in full force and effect in a way that allows the parties to obtain the benefit of their bargain. 13. Governing Law: This Agreement shall be governed by, interpreted and construed under, and otherwise enforced under the laws of the State of Ohio in a court of competent It can be modified or amended only by another written agreement signed by both 14, Execution and Counterparts: This Agreement may be executed in counterparts, each of which shall be deemed to be an original and all of which, when taken together, shall constitute one and the same agreement. Photographic, electronic and facsimile copies shall have the same force and effect as an original and may be used in lieu of the originals of this ‘Agreement for any purpose. BY EXECUTING THIS AGREEMENT, BOTH PARTIES EXPRESSLY AC- KNOWLEDGE, REPRESENT AND WARRANT THAT THEY HAVE CAREFULLY READ THIS AGREEMENT; THAT THEY FULLY UNDER- STAND THE TERMS, CONDITIONS, AND SIGNIFICANCE OF THIS AGREEMENT; THAT THEY HAVE HAD AMPLE TIME TO CONSIDER AND NEGOTIATE THIS AGREEMENT; THAT THEY HAVE HAD A FULL OPPORTUNITY TO REVIEW THIS AGREEMENT WITH AN ATTORNEY, AND. HAVE DONE SO; AND THAT THEY HAVE EXECUTED THIS AGREEMENT VOLUNTARILY AND KNOWINGLY. IN WITNESS WHEREOF, the Parties have signed this Agreement which shall be effective immediately upon signing. EASTERN GATEWAY COMMUNITY COLLEGE Dr. Jimmie Bruce Date Page 5 of 5