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SETTLEMENT AGREEMENT AND RELEASE

OF ALL CLAIMS AND LIABILITY

This Settlement Agreement and Release of all Claims and Liability (the “Agreement”) is

entered into between Jane Doe and Jane Roe, by and through her next friend, Julie Roe

(collectively, the “Plaintiffs”) and the Board of Education of Macomb Community Unit School

District 185, Macomb Community Unit School District No. 185 (collectively the “District”) and

John Rumley and Ed Fulkerson (the “Individual Defendants”) (collectively, the “Defendants”).

Jane Doe and Jane Roe are the same persons who were Plaintiffs in the “Lawsuit,” who were fully

identified to the Court and Defendants in the Lawsuit (defined in the following paragraph), who

were, by Court Order entered on April 27, 2018, permitted to proceed in the Lawsuit by pseudonym

to protect their identities. In order to continue protecting their identities Plaintiffs are not

specifically named herein except on the signature blocks below. The Plaintiffs and the Defendants

are each referred to as a “Party” and are collectively referred to as the “Parties” in this Agreement.

This Agreement will be effective upon signature by the Plaintiffs and the Defendants.

WHEREAS, On February 16, 2018, Jane Doe and Jane Roe by and through her next friend

Julie Roe, filed a lawsuit against the Defendants in the United States District Court for the Central

District of Illinois (the “Court”), styled Jane Doe and Jane Roe by and through her next friend

Julie Roe v. Macomb Community Unit School District No. 185, Board of Education of Macomb

Community Unit School District no. 185, John Rumley, Individually and as an Agent of Macomb

Community Unit School District No. 185 and Ed Fulkerson, Individually and as an Agent of

Macomb Community Unit School District No. 185, Case No. 1:18-cv-01072-SLD-JEH (the

“Lawsuit”). Since the suit was filed, Jane Roe reached the age of majority.

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WHEREAS, the Lawsuit consists of ten Counts of which the primary focus is alleged

violations of Title IX of the Educational Amendments of 1972, 20 U.S.C. §1681 et seq.

WHEREAS, on March 30, 2020 the Court entered its opinion on the parties’ cross-motions

for summary judgment, and remaining pending at the time of settlement were eight Counts alleging

liability against the Defendants.

WHEREAS, the Defendants deny all allegations of unlawful conduct, including the

allegations set forth in the Lawsuit.

WHEREAS, to avoid the potential expense, inconvenience, delay, and uncertainty of

continued litigation, the Parties have agreed to settle and fully resolve all disputes or claims

between them, including without limitation all disputes or claims that were or could have been

raised in the Lawsuit or that otherwise relate to any alleged unlawful conduct by the Defendants

against the Plaintiffs and all claims for attorneys’ fees and costs. The settlement was reached

during and as a result of a mediation conducted by the Court and before Judge Jonathan E. Hawley

on June 18, 2020.

NOW, THEREFORE, in consideration of the promises each to the other made as herewith

set forth and other good and valuable consideration, receipt of which is hereby acknowledged, it

is hereby understood and agreed by and between the parties as follows:

1. Settlement Payment. In exchange for this Agreement, the District will pay to the

Plaintiffs’ counsel the Fierberg National Law Group (the “Firm”), for and as legal counsel for Jane

Doe and Jane Roe, settlement payments in the total gross amount of One Million Five Hundred

Thousand and no/100th Dollars ($1,500,000.00) (the “Settlement Payment”) for the Firm to

distribute. This Settlement Payment will be tendered to the attention of Monica Beck in the form

of two checks payable to the Firm. The District will tender one check on July 6, 2020, in the

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amount of One Million and no/100th Dollars ($1,000,000.00) (the “First Settlement Payment”).

The District will tender the second check on or before July 6, 2021 in the amount of Five Hundred

Thousand and no/100th Dollars ($500,000.00) (the “Second Settlement Payment”). Neither

payment shall be tendered until the Parties or the Firm has provided the District a fully executed

copy of this Agreement and then-current IRS forms W9 for the Firm. The District will report all

payments tendered under this Agreement on IRS form 1099s for the Firm.

2. General Release. In exchange for the considerations specified in this Agreement,

the Plaintiffs irrevocably waive, release, and discharge the Defendants from all claims, grievances,

charges, causes of action, or suits that they have, have had, or might have, arising from, based

upon, or in any way connected with, the facts underlying the Lawsuit and any other claims or

causes of action that the Plaintiffs have, have had, or might have based on the acts giving rise to

the Lawsuit under any federal, state, or local statute, regulation, ordinance, or the common law.

This release includes any claims for attorneys’ fees or costs associated with the Lawsuit.

3. Covenant not to sue. The Plaintiffs warrant that other than the Lawsuit, they have

not filed or initiated any claims of any type against any, some, or all of the Defendants with any

court or governmental or administrative agency. The Plaintiffs further warrant that they will not

file or initiate any claims of any type again any, some, or all of the Defendants with any court or

governmental or administrative agency in the future based upon, or in any way connected with,

the facts underlying the Lawsuit or any other claims or causes of action that the Plaintiffs have,

have had, or might have against any, some, or all of the Defendants based on the acts giving rise

to the Lawsuit under any federal, state, or local statute, regulation, ordinance, or the common law.

This covenant includes but is not limited to any actions for attorneys’ fees or costs associated with

the Lawsuit.

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4. Dismissal of the Lawsuit. Upon delivery of the First Settlement Payment as

provided in Section 1 of this Agreement, the Plaintiffs’ counsel will promptly execute and file a

Stipulation of Dismissal to dismiss the Lawsuit with prejudice. The Parties and their respective

counsel will take any and all other actions reasonably necessary to cause the Court to dismiss this

action with prejudice, with each party bearing its own costs and attorneys’ fees relating to both the

Lawsuit and the dismissal.

5. No Admission of Wrongdoing. Nothing in this Agreement constitutes an

admission of wrongdoing by the Defendants. The Defendants deny the allegations of the Lawsuit

and deny wrongdoing of any kind.

6. Confidentiality. The Parties agree that the specific terms and conditions of this

Agreement and the settlement are confidential. The Parties shall not disclose anything regarding

this Agreement, the settlement or the identity of Plaintiffs unless legally compelled to do so and

even then, only upon timely notice to the other Party, giving it sufficient time to contest any such

disclosure before it is made. In the event that either Party receives any inquiry concerning such

matters, the Party shall indicate only that “the litigation has been settled and dismissed on

confidential terms”. Confidentiality is a material part of this Agreement and is intended to apply

and be binding on the Parties personally and, as applicable, to their employees, agents, and other

representatives, including their legal counsel. The Parties shall take all reasonable steps to ensure

that this provision is communicated to and followed by those intended to be bound.

7. Tax Responsibility. Plaintiffs agree that they are solely responsible for any and

all federal, state or local taxes that are due as a result of payments made to them under this

Agreement, and agree to indemnify the School District for any and all claims, penalties or other

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matters related thereto. The School District makes no representations or warranties about the tax

consequences of any monies paid pursuant to this Agreement.

8. Entire Agreement. This Agreement sets forth the entire agreement of the Parties.

The Plaintiffs acknowledge that the consideration for this Agreement is described in this

instrument and that no other promise of any kind has been made to them by any person or entity

to cause them to sign this Agreement.

9. Choice of Law. This Agreement is to be construed in accordance with the laws of

the State of Illinois, without regard to conflict of law principles. Venue for any dispute will be in

the Federal District Court for the Central District of Illinois in Rock Island, Illinois.

10. Modification of this Agreement. This Agreement may not be amended or

modified except in a writing signed by all Parties against whom the amendment or modification is

to be enforced.

11. Mutual Authorship. This Agreement is the product of mutual negotiation between

counsel for the Parties. Both Parties have had the opportunity to review and revise, or request

revisions of, this Agreement. Therefore, the rule of construction that any ambiguity or uncertainty

in a writing shall be interpreted against the party drafting the writing will not apply to any action

on this Agreement.

12. Execution in Counterparts. The Parties agree this Agreement may be signed in

counterparts, which together will form the original and that the signed Agreement may be

transmitted via email and PDF attachment and that the counterparts in those formats taken together

constitute one and the same original valid and enforceable Agreement.

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13. Enforcement of Agreement. In the event of the need for enforcement of this

Agreement, either Party may institute a lawsuit in the United States District Court for the Central

District of Illinois for applicable relief.

14. Severability. Nothing in this Agreement is to be construed as waiving rights that

cannot be waived under applicable law, or as barring either Party from providing information or

truthful testimony when required to do so under applicable law. The releases and covenants

provided for in this Agreement are to be construed broadly to apply to any and all claims that may

be released by contract under applicable law, but do not apply to any claim that cannot be released

by contract under applicable law. Should any portion of this Agreement be ruled unenforceable by

a court of competent jurisdiction, or should a court of competent jurisdiction rule the releases and

covenants not to sue set forth in this Agreement unenforceable as to any claim later asserted by

the Plaintiffs, the remainder of this Agreement and the releases and covenants not to sue contained

herein will remain in full force and effect as to any and all other claims.

15. Acknowledgement. The Parties to this Agreement acknowledge and agree that: (a)

each has read and understands the terms of this Agreement; (b) each has had full opportunity to

negotiate fairly the terms of this Agreement; (c) each has been represented by and consulted with

counsel in connection with the litigation and the negotiation of this Agreement; (d) each party is

relying solely on her or its own knowledge and judgment, and on the advice of her or its own

counsel, in entering into this Agreement; and (e) this Agreement was reviewed and revised by

counsel for the Parties and, accordingly, neither party shall be considered the “drafter” of this

Agreement for purposes of construing its terms.