CER01(REVISED)-0001

RESIGNATION AGREEMENT AND GENERAL RELEASE BETWEEN THE

SWEETWATER UNION ffiGH SCHOOL DISTRICT AND

ANTHONY ATIENZA

This Agreement is entered into between the Sweetwater Union High School District (hereinafter referred to as "District'') and Anthony Atienza (hereinafter referred to as "Atienza'').

RECITALS:

WHEREAS, Atienza is currently employed as a certificated employee of the District; and

WHEREAS, a dispute currently exists between Atienza and the District, arising from 11lcts and circumstances related to Atienza's employment with the District; and

WHEREAS, the District and Atienza agree that it is in their mutual best interest to resolve their differences and to settle any and all disputes related to Atienza's employment status with the District.

AGREEMENT:

NOW, THEREFORE, for full and valuable consideration and based upon the foregoing recitals, terms, conditions, covenants, and agreements contained herein, the parties agree as follows:

l. Atienza hereby resigns from any and all employment with District, effective upon the close of business on June 30, 2018. During the period of paid administrative leave Mr. Atienza will continue to receive his snlary >jnd all fringe benefits (without snlary 'equalization' adjustments, if otherwise applicable). Atienza further agrees tl•at:.

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005467JXI2S2 J712R939.l

a. He will remain on paid administrative leave from the date of this Agreement through the end of his employment, except as modified pursuant to the terms of Paragraph 2, below; and

b. His signature on this Agreement constitutes an irrevocable resignation from employment with the District; and ·

c. He will not to seek or accept employment with the District at any time in the future.

Subject to reasonable limitations related to part-time employment, Atienza aeknowledges that during the period of paid administrative leave he will be available to provide certificated services as assigned, in good faith and to the best of his ability, and tl)at he will promptly respond to any inquiries from tbe District. Additionally, Mr. Atienza agrees that he will actively seek other employment during the period of paid. administrative leave, and will provide evidence to the District, on at least a monthly basis, that he is actively seeking other employment. Furthermore, in the event Atienza obtains full-time employment during the period of administrative leave in a position providing creditable service in the State Teachers Retirement System ("STRS''), the District will promptly release him from his District employment which will cease upon his commencing full-time creditable service in such a

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CER01(REVISED)-0002

3.

poJition, In the evcne Atieru;a obcsim leu-dtan-fuiHime creditable employment with a Califomifl public: school diJtrict, the Di~trK;t will pay Atienza tho difference between his current .saiMy and lhe regular pan-time salary in the new po3ition (subje.:t 1o verlfacation) and lffi,d Atiem:.t a-editable service and commensurate STRS contributioos that, when combined with hia: regular lcss-lhan·full·tirnc creditable employment with a California public tchool diWict. are equal 1D wlut he would be entitled to continue receiving by remaining on fuiJ-ti~ paid leave from the District. Jn tho event Atienza obtains employment during the period of adtt~inis.ttative Jeavo in a position that is not creditable service in STRS, his salary for the remaining period of lklministratlve !.cave will be offset by salaty eamed in said position. Jt any employment dudng the period of paid administrative leave is less thlm full time1 Aticw...a and the Distrit.1 will mutWIIIy agree- upon reasonable notice .as 10 the hours he will be available to provide certificated services to the District, with dlC exooptlon of $Upporting future SCSCI events consistent with section 4 below. Aticw.a's point o( contact will be the District Director of Human Resources.

n.e Diwic:t wiiJ «:ase any and all investigations .n:lated to a<.:ts or ontissioM by Mr. Atienza during his. employment

4. Atienu acknowledges that aJthougb he played a significant role in the development and popularity o( dJe annual Southern Califomia Show Choir Jnv.itation~d ("SCSCl''), the work of ltUdents and parents (including during the schooVwork day) contributed significantly to the same success over time. Atienza ,further ~nowledges and agrees, therefore, that the annual (hist.orica!Jy in mid-April) SCSCI event is. 1U1d will remain, a fundraising event sponsored and ho$ted ~High School ("CVHS'), its School of Creative and Perfonning Arts. and ~ raise funds for these entities. The District, CVHS and their agents wiJl ensure that all invitees to SCSCI or inquiries about such future events an: infonned that Mr. Atienza is no longer affiliated with such events. Consistent with this tenn, the Parties agree as foDows:

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a.

b.

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d.

Atienza will forward to the Principal at CVHS any registr<~.tion fonns and funds received at any time after this Agreement is executed within 48 hours of receipt (and will promptly f01Ward to the Principal any registration forms and funds received prior ro dte execution of this Agr.eement), including contact information for the registrants. arising fr.om his recent announcement about the .April, 2018 SCSCl event;and -

In response to any future ii1quiries regarding the SCSCI. Atienza will advise inquirers that be is no-longer affiliated wi'th this event and direct all such inquiries to the Principal at CVHS, any additional infonnation provided by Atienza will be consistent with the provisions of this Agreement; aud

Within lhirty (30) days of the execution of this Agreement Atienza will take steps to chunge the name of the LLC he created in April, 2017 from "Southern California Show Chpir Invitational, LLC,.. Co a distinctly different name which would not result in the acronym SCSCI, proof of which will be provided to the District; and

Atienza has furnished to the District a contract he I his LLC signed with -related to a ~ent scheduled for March 2018. and, will 'assign' interests

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CER01(REVISED)-0003

in this event to the Di.strict, subject to~illingness to proceed with the event withoutAtiem:a's involvement; and .

c. Subject to complying with the foregoing tenns and conditions, Atienza is not proh~bited from arranging, hosting, judging, or other Involvement with future show choir or similar competitions.

5. Pursuant to the Consolidated Omnibus Budget Reconciliation Act. (COBRA), Atienza. shall be entitled to continue his ~istrict health benefits after his employment with the District ends, at his expense, for the period of time and on the same terms afforded to voluntarily resigning District employe.es.

6. As to future employment applications or otherwise, Atienza shalt direct .prospective employe.rs ro the District Director of fluman Resources (currently Dr. Milena Aubry). The District is not responsible for the re.'lulls of any inquiries directed to individuals other than the Director ofHuman Resources, but CVHS administration shall direct any such inquiries to HR. In response to such inquiries received before Atienza secures other employment or June 30, 2018, Dr. Aubry, her designee or her successor shall confinn Atienza remains employed by the District in a special assignment. and his assignment for the 20 l7-18 scltool year is ro CVHS as Secondary Classroom Tea.eher. For lnquirie$ after Atienza secures other employment and June 30, '20l8, the District shall disclose Atienza's dates of employment, job title, his as~ignment to cvas through tbe 2016-17 school y~m, his special assignment for the 2017-18 school year,, and that be resigned vol~tarily.

7, ln further consideration for the promisc3 and representations herci11, the District agees that upon execution of this Agreement any ongoing investigation Into Atienza's conduct as an employee will cease, and will not be revived and he will not face investigation, discipline or other adverse actions related to any of the alleged acts or omissions detailed in d\e District's July 2017 investigative report or anything related to CVHS event funds. However, should the District receive any new or different complaint requiring an i·nvestigation under law and/or District policy, the District shall promptly notify Atienza's counsel before embarking on au investigation. Additionally, the District confirms that uo disciplinary charges have been prepared as ofthe execution ofthis agreement, and agrees that no disciplinary charges will be prepared.

8. Confidentiality

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a. Neither party will comment publically about the investigation cooducted prior to thiS Agreement; the results of the investigation, or their position regarding the investigation including bot not limited ro the veracity or credibility of any witnesses intetviewed liS a part of the investigation. In response to any inquiries. regarding Ati~ttza, District staff will respond that "Mr. Atienza has voluntarily res.isn<:d from the District, and we wish hirq well." The Chula Vista 'High School Principal will send an email to school certificated staff stating the u me thing. In response to any inq.uiries to Atienza, he will respond that he "voluntarily re:signed from the District, and I wisb Chula Vista H-igh School and the District well." Any inquiries during the period of paid administrative leave ma.y include:, if necessary. a statement. that the. effective 4 tl} oi Ati.en~'s resignation {s io the future, This provision (Section 8(a))

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CER01(REVISED)-0004

OOS4()7.002S2 l712S939.1

b.

c.

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f.

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shall not be construed to apply to statements or information, by Atienza or by any District employee, in any civil or administrative proceeding related to Atienza's employment with the District, or as reasonably necessary to respond to students referenced as A, B, or C in the District's July 2017 report, or their representatives, publicizing any-derogatory statements about Atienza or his family.

The Parti.es umjerstand and agree this Agreement is subject to the provisions of the California Public Records Act, Government Code section 6250 et seq., and the Ralph M. Brown Act, Go:vernment Code section 54950 et seq., and as such must be disclosed upon ·proper requqst. Atienza agrees any such disclosure shall not constitute a violation of this Agreement. The District agrees to provide Atienza ten (I 0) days notice prior to any disclosure of this Agreement pursuant to this section.

The Parties acknowledge that the District's July 2017 investigative report is subject to CPRA disclosure consistent with Marken v. Santa Monica-Malibu Unified Sch. District (2012) 202 Cal.App.4th 1250, and if disclosed in response to any CPRA request, the District shall vyith it disclose Atienza's written response to the investigative report.

The Parties further agree that all investigation materials will be maintained by the District in a sealed envelope contained within Atienza's personnel file titled "Confidential Personnel Records,'' and will not be disclosed except as may be required by court order, lawful subpoena, or law, including as stated in Paragraph 5(e) below.

In the event the District determines it is required to release all or any part of the investigation materials in response to a court order, lawfully issued subpoena, or other lawful request, the District shall give reasonable notice to counsel Jon Vanderpool prior to the time of disclosure. Counsel is responsible for notifYing the District of any action taken to object to or prohibit disclosure of the documents, and the final ruling thereon.

In the event of receipt of a valid records request under the California Public Records Act for documents related to Atienza other than this Agreement, and with regard to any existing requests under . the California Public Records Act, the District Superintendent or Designee shall review any responsive records related to or referencing Atienza and determine whether they are responsive to the request. If the documents are determined to be responsive, the documents shall be disclosed in accordance therewith, after the District has provided reasonable advance notice to attorney Jon Vanderpool prior to the disclosure.

Notwithstanding the above, the Parties jointly acknowledge the District's obligation under Title 5, California Code of Regulations, Section 80303, to report to the California Commission on Teacher Credentialing (CTC) Atienza's change in employment status; to wit, resignation from employment while allegations of misconduct are pending. Said obligation requires the District to report all known information about each alleged act of misconduct within 30 days of the resignation, and further requires the District to. inform Atienza of this provision. Atienza

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CER01(REVISED)-0005

~~l.nowl<:d~$ n:•-.:lt•l 1>f 111 ll.'<fUi~ n<>Cilkalion(s) undet Sectinn 80.)03. llficl\'t/1 •~•nowl.:.li!~S Choll. pti<IC' Ill $i11.nin!! Chislllln:cmcnc, cho Di~Cricc pwvi11<ld too content ut' Its prt>fl<l$.:.1 e<wllr !(ll<'l'lfe~m• It> be provid<:d lo Chc CTC, All>ng wilh 1 li•l of evefy d<li:UIIl~ttt or vroupin11 of d<>.:Um~ncsto be s.:nc co d~e CTC. To the excemttw> Di<Ctiet h~s not previotL";Iy di$~l<l.l.:.llny of the listed mnterittl$, true and correct copic~ of afl su~h n>~t~rU!Is oli~l\~ tu d1<1 Cl'C shall be contemporaneously provided I~> AtillMt's <oUiiS<:I. Th<t Oistrkl agtw.s CllOit il will provide notice to the CTC na stmnllr th4n O.:tob« 15, 2QI7,11~tt Cite noliee will shnullnneously he lmnsmiucd I& oUum~y Jun Vull<l~!l, and tlml any follow-up retjtiC$IS by Chc CTC to the OiWict for lnt'ontuttion or nmterials will be promptly provid•'<llo aflorney Jon Vanderpool l\1r review. The Ohtrkt furth« agrees that all additional infonnation or material$ provid<'ll to the C1'C t>y Chc Oistrkl. if any, will be simullaneously transmitted to attomey J<m YanderpttOl.

9. In considemtlon of the petform.:~t~ee of the conditions specified hereinabove, Atienza, on behalf of himself, him SUCCCSSOI$, heirs. dependent$. e.xeeutorn:, adminislrnlorn, and aMigns, heNby fully releases and disdtarges the District, the District Board of Education and its individuul membern:, and District teachers, Oftiter$, represenlatives, insurern:, successors:, and assigns from all right$. claim$. and actions of any kind which Atienza and his sucec.'Wlrs or assigns now have or may have upon the signing of this Agreement against Che District, the District Board of Education and its individual membern:, and District employees, offi=s. represenlatives, successorn:, and assigns arising out of or relaling to any aspect of his employment with the District. This release is intended 1o apply to all righl$, claims, aclioR$, grievances, and suits of all kinds 811d descriptions arising out of Alienza's emploYment with Che District and the resignation therefrom, including but not limited lo any rights, claims, or suits alleging violations of the Ameri,:ans With Disabilities Act, as amended, (42 U.S.C. § 12101 et seq.], Seclions 503 and/or 504 ofehc Rehabilitation Act of 1973, as amended (29 U.S.C. §§ 793 811d 794 et seq.], Tilles VI and/or VII of the Civil Rights Act of 1964, as amended (42 U.S.C. §§ 2000d and 2000c et seq.]. and/or Che California Fair Employment and Housing Act, as amended [California Government Code § 12900 ct seq.]. This Agreement is intended lo 811d does hereby fully and completely release any and all claims, suits, 811d demands of any kind which arise out of or are in any way conneCfed with Atienza's employment with the District or resignation or termination from employment with the District.

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(a) Atienza waives applkatioa of California Civil Code section 1542 and. agrees that lhe release in this Agreement applies to all claims for injuries, damages, or losses to his person or property, real or personal, whether those injuries, damages, or losses are known or unknown, foreseen or unforeseen,. or patent or latent, which Atienza may have against District.

(b) Atienza certifies that he has read the following provisions of California Civil Code section 1542:

A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE REJ.EIISE., WHICH IP KNOWN BY HIM OR HER MUST

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10.

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005467.00252 17128939.1

HAVE MA TERlALL Y AFFECTED HIS OR HER SETTLEMENT WITH TilE DEBTOR.

(c) Atienza understands and aclmowledges the significance and consequence of this waiver of California Civil Cqde section 1542 is that even If be should eventually suffer additional damages arising out of the facts referred to herein, he will not be able to make any elaim for those damages. Furthermore, Atienza acknowledges that he intends these consequences even as to claims for damages that may exist as of the date of this release but which he does not know to exist, and which, if known, would materially affect his decision to execute this release, regardless of whether his lack of knowledge is the result of ignorance, oversight, error, negligence, or any other cause.

Notwithstanding the foregoing, it is agreed that provisions of subsections (a), (b), and (c) hereinabove shall be inapplicable to claims of breach of this Agreement.

The Parties' actions under this Agreement are solely the product of a compromise of the conflicting claims of the Parties, and are made in consideration of Atienza's execution of the releases contained herein and other various acts, including, but not limited to, the submission of his resignation. The Parties' actions under this Agreement shall not be considered in any way an admission of any liability or wrongdoing by Atienza, the District, its employees, or any agents, representatives, attorneys, successors, or assigns of either party. Accordingly, except as required to prove the propriety of this Agreement, and to support the provisions therecf, none· of the terms of this Agreement shall be admissible evidence of an admission, directly or impliedly, of any wrongdoing, liability, commission of any tort, or violation of any law, statute, regulation, District policy, or the like as to the conduct of any person, entity, organization, agent, employee, or representative in their official or individual capacity. Furthermore, and consistent with this Paragraph, District employees and officials will not comment publically about its investigation to date nor any findings of the investigation. ·

Each party retains its rights under Govt. Code §825 et seq.

Each party to this Agreement shall bear all attorneys' fees and costs arising from that party's own legal representation in connection with the negotiation and preparation of this Agreement.

Each party to this Agreement shall cooperate fully in the execution of any and all documents and in the completion of any additional actions that may be necessary or appropriate to give full force and effect to the terms and intent of this Agreement.

The language and all parts of this Agreement shall in all cases be construed as a whole according to its fair meaning, and neither strictly for nor against any party hereto, and should a court be called upon to interpret any provision or provisions hereof; it should be recognized that all parties hereto equally participated in the preparation of this Agreement.

This Agreement is entered into in, and shall be construed and interpreted in accordance with, tbe laws of the State of California. If any provision ofthis Agreement or application thereof is held invalid, the invalidity shall not affect other provisions or applications of the

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CER01(REVISED)-0007

Agreement which can he given efT~o:ct with the invalid provision or application, and to this end the prnvi:.inns ufthis Agreement are declared to be severable.

1 n. This Agrccnu.:nt may be executed in counterparts and by facsimile, each of which shall be deemed to he an original. Such counterparts, when taken together, shall constitute one agreement.

17. 11tis Agreement constitutes the entire agreement between the parties pertaining to the suhject maller hereof, and is the final, complete and exclusive expression of the terms and contlilions nf their Agreement. Any and all prior agreements, representations, negotiations and undcr:.tandings made by the parties, orul and written, express or implied, are hereby supcr:.cded and merged herein.

By: . -:z2 h '@Z I homas Uluvcr, Ed.D., Assi!.lallt Superintendent of Human Resources

t\I'I'IWVEO AS TO PfmM:

A'l KINSON ANI>I(I.SON LOY A RIJIJI> & ROMO

Mark Bresee Allomcys for Sweetwater Union High School Di'>trict

SMIIIVfll•JNIJ<. VANili·.RI'OOI. & WAX

Jon Vanderpool Attomeys for Anthony Atienza

()1>~4117 '•on 111/II'JI'I I

Date: _..:._(o---.J-{ --'-'1 ~'-'_.lJ __

Date: _/ -+-D / .......,.7 h'--!../___::.T __ _ I l

Date: _l 0...__{ 7_,_/~11.:::.____

Date: -------------

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CER01(REVISED)-0008

Agreement which can be given efTect with the invalid provision or application, and to tl1is en.J lhe pmvi>innsnf'this Agreement are declared to be severable.

1~. Thi• Ayreemenl mny be executed in counterparts and by facsimile, each of which shal!.be deemed In he an original. Such counterparts, when taken together, shall constitute one ayrecn1cnt.

17. 'l hi• Ag•ccmcnt cnnstilu!es the entire agreement between the parties pertaining to the auhject muuer hereof, and is the final, complete and exclusive expression of the terms and cnndifinns of their Agreement. Any and all prior agreements, representations, negotiations "nd nndorstandings made by the parties, oral and written, express or implied, are hereby Sllflo"'cded and merged herein.

By:.~---:-::--.....,...,..,.----­'1 humus Glover, lid.D., AssiMant Superintendent of Human Resources

{)I'I'ROVEf) AS TO I'OI~M:

ATKINSON i\Nf>HLHON I.OYi\ R!JIIll II< 110M()

Mark llrc.'«'e Allurncy.< thr Sweetwater Union High School l)istrict

(Jil'i4111 f)l}l';! 111111'11'1 I

Date: ----.:..(0-.~-f -~..'1-t/_1--.lJ...____

Date: ------------

Date: _..:..;_lc...,_{7=-~:-/...:....11.::...__

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