SETTLEMENT AGREEMENT This Settlement Agreement (“Agreement”) is entered into by and between Plaintiffs Edina High School Young Conservatives Club, N.T.S., EE, LE, TB, and AD. (‘Plaintiffs”) and Defendants Independent School District No. 273 (the “District”), John Schultz, and Andrew Beaton (“Defendants”), Plaintiffs and Defendants are collectively teferred to as the Parties and individually as Party. WHEREAS, Plaintiffs initiated a lawsuit against Defendants in United States District Court for the District of Minnesota on December 8, 2017, titled Edina High School Young Conservatives Club, an unincorporated association; N.T.S., through his father and next Sriend Geoffrey Spades; E.E., through her parents and next friends Phillip Ebner and Susan Ebner; JE, through her mother and next friend Brooke Severson; T.B., through her Parents and next friends Angela Buyse and David Buyse; and A.D., through her parents ‘and nexi friends Alfonso Doval and Jennifer Doval v. Edina School District, Independent School District No. 273; Edina High School; John Schultz, individually and in his official capacity as Superintendent of Edina School District; and Andrew Beaton, individually and in his official capacity as Principal of Edina High School, Court File No. 17-cv-05380 (“Lawsuit”); WHEREAS, Defendants filed a motion to dismiss the Lawsuit on January 22, 2018; and ‘WHEREAS, the Parties mutually desire to settle the dispute between them and to avoid any further litigation concerning the liabilities and claims that have been, or that could have been, asserted in the aforementioned Lawsuit. NOW, THEREFORE, IN CONSIDERATION OF the mutual promises contained herein, the relinquishment of certain legal rights, and other valuable consideration, the sufficiency of which is hereby acknowledged, the Parties hereto agree as follows: 1. Amendment of District Policies. The District agrees to amend the following District policies in conformance with all policy requirements for notice and amendment of School Board Policies: a. ‘The District agrees to amend District Policy 628, Education Programs, slows: VI Nonsponsored Student Activities aneC. Membership in secret fraternities, sororities and/or clubs is prohibited in the district. Further, activities contrary to the best interest of a school or that negatively reflect on the reputation of a school or that interfere with the school’s basic educational mission are prohibited. ‘The school distr i d rest free an the aforementioned parameters, Students violating this policy will be disciplined in accordance with Policy 506 — Student Discipline. b. The District agrees to amend the Edina Senior High School Club Guidelines and Responsibilities as follows: Revocation of Club: An EHS sponsored club should coincide with the mission, values and beliefs of Edina Public School, EHS administration can revoke sponsorship of a club at anytime and for any reason. Revocation may not be based solel the exercise of free. ¢ association ri club unl it fuct int it a educational mission. USA Day. Theme days are determined by the student body and subject to approval by District administration. The Edina High School Student Council may choose to hold a USA-theme day during Spirit Week(s), and no prior restrictions on such days have been put in place by District administration. If the Edina High School Student Council seeks approval of a USA-theme day, District administration will not object to the inclusion of the USA-theme day, provided that the specified theme is consistent with the policies and the basic educational mission of the District. Dismissal. In exchange for the District’s amendments to and affirmations of its existing policies and practices as described above, and other valuable consideration herein, Plaintiffs agree to fully dismiss the above-referenced Lawsuit with prejudice and without costs. The Parties agree to prepare a stipulation for dismissal to be signed by the Parties and to be filed by the Parties along with a corresponding proposed order within five (5) business days of the signing of this Agreement. No Claim to Compensation. Neither Party is entitled to any claim whatsoever to compensation, benefits, or payments of any nature from the other. Responsibility for Costs. Each Party shall be responsible for its own costs, expenses, and attomey fees associated with this litigation and the above-named Lawsuit. Release of All Claims, Plaintiffs agree to release and forever discharge the District, its current and former School Board members, officers, employees, agents, representatives, insurers, attomeys, and other afliliates, including, but not limited 2to, the above-named Defendants, from any and all actions, causes of action, liability, claims and demands whatsoever, that now exist as a consequence or by reason of any damage, Joss, of injury, known or unknown, asserted or not asserted, that has arisen out of or in relation to any action, decision, fact, or circumstance occurring before Plaintiffs sign this Agreement, including but not limited to those claims asserted in the above-referenced lawsuit. Plaintiffs understand and agree that by Signing this Agreement they are waiving and releasing any and all claims, ‘complaints, causes of action, and demands of any kind that are based on or arise under any federal or state law, including but not limited to the federal constitution, the state constitution, or any federal or state statute, regulation, rule, or common law. These releases do not include any future claims arising from any rights or claims that are based solely on events that occur after the Parties sign this Agreement, or any right to institute legal action for the purpose of enforcing this Agreement. No Wrongdoing. The Parties expressly understand and agree this Agreement is made in compromise of disputed claims, and itis not to be construed as an admission of liability or wrongdoing by or on behalf of Defendants, or any other party ‘identified in interest with the District. Defendants expressly deny all liability and assert that they have complied with all applicable laws relating to Plaintiffs, Voluntary Agreement. The Parties acknowledge that no person has exerted undue pressure on them to sign this Agreement, Each Party is voluntarily choosing to enter into this Agreement because of the benefits that are provided under this Agreement. Choice of Law, Forum, and Severability. This Agreement is governed by the laws of the State of Minnesota regardless of Plaintiffs’ domicile or status as a resident of Minnesota or any other state. The parties agrec that the Minnesota state and federal courts will have exclusive jurisdiction over any dispute arising out of this Agreement. Ifa court determines that any part of this Agreement is unlawful or unenforceable, the remaining portions of the Agreement will remain in full force and effect, Equal Drafting. In the event any Party asserts that a provision of this Agreement is ambiguous, the Agreement must be construed to have been drafted equally by the Parties. Entire Agreement, This Agreement constitutes the entire agreement between the Parties relating to this matter. No Party has relied upon any statements, promises, or representations that are not stated in this document. No changes to this Agreement are valid unless they are in writing and signed by all Parties,13, Effective Date, The Effective Date of this Agreement shall be the date on which it is fully executed by the Parties, The Agreement will not be deemed to have been “fully executed” by the District until it has been approved by official action of the school board. If the school board votes not to approve this Agreement, it will be null and void in its entirety. 14. Signatures. This Agreement may be signed in counterparts, and a copy of this Agreement will have the same legal effect as the original. IN WITNESS WHEREOF, the Parties have entered into this Agreement on the dates shown below. By signing below, each Party specifically acknowledges that it has read this Agreement; that it has been advised to review the terms of this Agreement with legal counsel; and that it understands and voluntarily agrees to be legally bound by all terms of the Agreement,PLAINTIFFS Date:_Z-th- {8 yehalf of N.T.S., on ig School Young Date:__2- (648 Date_Z-Ub-(® (kl mer on behalf of EE. Date: Z-(le-|8 Brook Severson on behalf of LE. Date:_Z-!6-(g Buyse on betalf of T.B. Date:_2-(L4¥ Z a ‘Aif€nso'Doval on bchalf of AD.DISTRICT DEFENDANTS. Leny Walien-Friedman School Board Chair On Behalf of ISD 273 vae_ BLL} Citar dling Erica Allenburg School Board Clerk On Behalf of ISD 273 Date,_2 -26 “1S Date,_2 ~ 4777 ©