SETTLEMENT AGREEMENT AND RELEASE

THIS SETTLEMENT AGREEMENT AND RELEASE is made and entered into by and
between
and the University of Oregon ("University").

RECITALS
, proceeding under the pseudonym "Jane Doe," filed claims against the
University and Dana D. Altman in the U.S. District Court of Oregon, case number 6:15-cv-0042.
asserted claims under Title IX of the Education Amendments of 1972 and other laws
(''the lawsuit"). Altman was previously dismissed as a party to the lawsuit.
and the
University wish to resolve
claims on the following terms.
NOW, THEREFORE, in consideration of the terms, conditions, promises and covenants
set forth below, it is agreed as follows:

TERMS OF AGREEMENT
1.

Consideration. The University will undertake the following:

(a)
Within seven working days of the full execution ofthis Agreement, the University
will cause
and her attorneys to be paid $800,000 in full settlement of all of her claims, by
check payable to Johnson Johnson & Schaller Trust Account.
agrees that she is solely
responsible for any tax obligations, including all reporting and payment obligations, which may
arise to her personally as a consequence of this Agreement.
acknowledges that neither
the University nor its trustees, officials, employees, agents or representatives have provided any
advice, and that she is not relying on any advice from any of them, regarding the tax
consequences of this Agreement.
(b)
The University will provide
a full waiver of tuition, housing, and student
fees for four full years of further education at the University of Oregon, available at both the
undergraduate level or in any University graduate program to which she is admitted.
may
use this educational benefit at any time within the next eight years, however, the University's
normal admissions standards, requirements, and processes continue to apply to
. At least
two of those four years must be used to complete her undergraduate education at the University.
Only two of the years may be used for a graduate program.
(c)
The University will continue to pursue a policy change requiring all transfer
applicants to report any disciplinary history they have at their current or prior schools and, if they

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report any disciplinary history, require that they sign a FERP A release to allow the University to
access their disciplinary records.
(d)

The University will pay the mediation fee for July 23, 2015.

2.
Dismissal of Action. Within 7 days of the full execution of this agreement,
will dismiss the lawsuit, with prejudice.
3.
Comolete Release. In consideration of the promises as set forth herein,
hereby releases the University, its former, current, and future trustees, officials, employees,
insurers agents and representatives (collectively, the "Released Parties") from any claims, losses,
damages, liabilities, debts or other obligations (including attorney's fees and costs actually
incurred) of whatever kind, in law or in equity, statutory or at common law, known or unknown,
arising out of or in any way connected to the facts or circumstances of this lawsuit (or the
underlying facts or circumstances upon which this lawsuit is based) and accruing up to the date
of this release. This release specifically includes but is not limited to rights and claims under the
United States and Oregon Constitutions, and any local, state or federal laws prohibiting
discrimination in education, including but not limited to claims arising under Title IX.
4.
Covenant Not to Sue.
hereby covenants not to pursue against the Released
Parties, or any of them, any lawsuit arising out of the facts or circumstances of this lawsuit up to
the date of this release, whether now known or unknown.

5.
Nondisparagement. The parties to this agreement will make no negative or
disparaging oral or written remarks or statements about the parties to the lawsuit (including the
Released Parties) that are related to the facts or circumstances of this lawsuit or the underlying
facts or circumstances upon which this lawsuit is based, to any person or entity, either publicly or
privately, by any medium, including, without limitation, biogs, social networking sites, or other
electronic communication methods.
Nothing in this nondisparagement provision precludes any of the Released Parties from
defending themselves in or responding to any judicial, administrative, regulatory, professional
licensing, or board proceeding. Nothing in this provision precludes
from responding to a
disparaging remark made by any Released Parties or their agents or representatives nor precludes
the Released Parties from responding to a disparaging remark made by
or
agents
or representatives.
6.
Review by Independent Counsel; Complete and Voluntary Release.
acknowledges that she has been represented throughout the negotiation of this Agreement by her
attorneys at Hutchinson Black & Cook and Johnson Johnson & Schaller, PC.
agrees that
she has reviewed the terms of this Agreement with her attorneys, that she understands its terms,
that she has not relied on any representation or promise by the University or any of its trustees,

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officers, employees, agents or representatives except for the terms included in this Agreement,
and that she voluntarily accepts such terms as the entire agreement between the parties.
7.
No Admission of Liability. This Agreement is executed solely for the purpose of
resolving disputed claims. This Agreement does not constitute an admission of liability or
disputed facts by either of the parties to this Agreement.
8.

Governing Law. This Agreement is governed by the laws of the State of Oregon.

9.
Counterparts. This Agreement may be executed in counterparts, each of which
shall be deemed an original and together shall constitute one and the same Agreement.
l 0.
Modification of Agreement. This Agreement may not be modified except by a
writing signed by both parties.

11 .

Effective Date. This Agreement is effective when signed by both parties.

12.

Binding Agreement. This agreement is a binding agreement.

13.
Severability. All provisions of this agreement are severable, and if any of them
are determined to be invalid or unenforceable for any reason, the remaining provisions and
portions of this agreement will be unaffected thereby and will remain in full force to the fullest
extent permitted by law.
14.
Agreement Construction. The Parties have agreed to cooperate in drafting and
signing this agreement. Each Party has participated in the preparation of this agreement, has had
a full and complete opportunity to review it, and has been given the opportunity to have counsel
review it. Accordingly, the Parties agree that the common-law principle of construing
ambiguities against the drafter shall have no application to this agreement.

:?jj

PLEASE READ CAREFULLY. THIS AGREEMENT INCLUDES A RELEASE OF

WN OR UNU:::

v 1

By: D9 glas Y. Park, Interim General

Counsel for the Unive ity of Oregon
Date: c)R'-03-

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Date:

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