SETTLEMENT AGREEMENT

This Settlement Agreement ("Agreement") is entered into by ROXANN SOLIS ("SOLIS"), and the SAN DIEGO COMMUNITY COLLEGE DISTRICT ("DISTRICT") regarding the Recommendation of Termination of SOLIS which was the subject of the Discipline Notice dated January 16, 2018. The parties intend to resolve all disputes regarding SOLIS's Notice of Discipline.

The parties agree as follows:

1. This is a one-time, non-precedent-setting agreement. Nothing herein shall be interpreted as evidence or establishment of any practice or policy.

2. DISTRICT agrees to reduce the termination referenced in the Discipline Notice dated January 16, 2018 to a ten (IO) day suspension without pay. The ten (10) day suspension without pay will be served two days a week over a period of five weeks. The suspension days are as follows: March 21; April 4, 11, 18, 24, 26; May 1, 3, 8, 10. The DISTRICT will revise the disciplinary documents to only include a charge that Solis violated a lawful or official District policy, procedure, regulation, or order (call-back policy). Solis shall have the right, pursuant to Education Code section 87031 (b )(1 ), to attach a written response to the disciplinary documents.

3. SOLIS agrees that she will not appeal the ten (10) day suspension without pay or to initiate any grievance or any other administrative or judicial complaint based in whole or in part on the matters alleged in or related to this disciplinary action.

4. Each party acknowledges and agrees that in signing this Agreement, that party is not relying on any promises or representations that are not expressly contained herein. This Agreement, in writing, constitutes the entire agreement of settlement and release between the parties, and there are no other agreements expanding or modifying its terms. The provisions of this Agreement can only be modified in a writing that expressly states that modification of this Agreement is intended.

5. The parties agree that this Agreement constitutes the full and complete resolution of the issues related to the Notice of Discipline dated January 16, 2018 and the investigation conducted by Alison Alpert on which the Notice of Discipline was based, and the parties further agree that no additional sanctions, penalties, or remedies beyond those set forth herein will be pursued by either party.

6. The parties agree to promptly perform any additional acts required to affect their intentions to fully settle the disputes descn'bed above.

SAN DIEGO COMMUNITY COLLEGE DISTRICT

DatOO:S/'f; kcL By: .:::?4Ld ( / William Surbrook -=::::::

Vice Chancellor Human Resources

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If the accrued time cannot be scheduled to be taken within six (6) months of accrual, the exempt employee will receive pay for those hours at one and one-half (1-112) times their regular rate of pay.

Based on the information received during the investigation, it has been determined that you did not follow the provisions set forth in Section 5.7.9 of the SPAA Handbook regarding Call-Back time. For this reason, you will serve a ten (10) day suspension without pay.

Effective immediately you are directed to:

• Abide by all District policies and procedures. Should there be any question regarding the appropriate implementation of the policy or procedure, please contact your immediate supervisor or the appropriate District administrative department.

• Refrain from any acts of intimidation or retaliation towards employees and co-workers. Any such acts shall be grounds for further disciplinary action up to and including dismissal.

Discipline will be imposed as follows:

Ten (10) day suspension without pay:

Attachments

March 21 April 4, 11, 18, 24, 26

May 1, 3, 8, 10

• Attachment A: Human Resources Instruction Manual, Causes for Disciplinary Action • Attachment B: SPAA Handbook

cc: Ricky Shabazz, President, City College Seher Awan, Vice President of Administration, City College Employee Relations Employee Personnel File

Page 2 of2

ATTACHMENT A

Human Resources Instructional Manual File #Dl-3110

CAUSES FOR DISCIPLINARY ACTION

The following is a list of some major reasons or causes for which discipline may be proposed. To the

extent possible, supervisors and managers should cite these whenever applicable in the disciplinary

notices. Depending upon the severity, consequence(s), and frequency of any cause(s), the level of

appropriate discipline may vary from "warning" to "discharge".

1. Falsification of personnel records or other documents;

2. Absence without reasonable cause and proper authority;

3. Unauthorized absence from the assigned duty station during the scheduled work day;

4. Threatening, coercing, intimidating, assaulting, or interfering with employees or supervisors at

anytime;

5. Unauthorized soliciting or collecting of contributions for any purpose on District premises;

6. Unauthorized distribution of literature, or written or printed matter on District premises;

7. Misuse, unauthorized removal from the premises of records, equipment, files, documents, or

confidential information;

8. Making or publishing of false, vicious or malicious statements concerning any employee,

supervisor, or manager;

9. Theft or misappropriation of property of employees or of the District;

10. Permanent or chronic physical ailment or defect which incapacitates the employee from the

proper performance of assigned duties even with accommodations; (refer to Human Resources

instruction EA 4045, ADA Accommodations - Employees)

11. Conviction of a criminal offense involving moral turpitude, which shall be construed to mean any

act of baseness, vileness or depravity; or any act contrary to justice and honesty; or any act done

with deception, or through corrupt motives. The commission of certain minor offenses does not

fall within the scope of this definition.

12. Negligence or willful misconduct which has caused damage to public property or waste of public

supplies;

13. Any conduct of such a nature that it causes discredit to the agency, or his or her employment;

14. Absence without leave, or failure to report after leave of absence has expired, or after such

leave of absence has been disapproved or revoked and canceled. However, if such absence or

failure to report is excusable, the supervisor may dismiss the charges.

15. Incompetence or inefficiency in the performance of assigned duties;

16. Violation of any lawful or official policy, procedure, regulation or order, or failure to obey any

lawful and reasonable direction given by the employee's supervisor when such an act results in

loss, inconvenience, or injury to the District, the public, or other employees or students;

17. Soliciting or taking for personal use, a fee, gift, or other valuable thing in the course of assigned

work, or in connection with the contributing party's expectation or hope of receiving favorable

or better treatment than that afforded other persons;

18. Hindering the regular or normal operation of the office or site because of excessive

absenteeism, disorderly conduct, neglect of duty, or performance while under the influence of

alcohol or any illegal intoxicants;

19. Engaging in any activity which is deemed a conflict of interest;

20. Any other act of an employee which is deemed negligent or unsatisfactory, and is in conflict with

the furtherance of organizational goals and objectives;

21. Insubordinate behavior or conduct or insolent behavior;

22. Sexual harassment;

23. Failure to submit to drug or alcohol testing when there is individualized reasonable suspicion.

ATTACHMENTB

SUPERVISORY AND PROFESSIONAL ADMINISTRATORS ASSOCIATION HANDBOOK

5.7.9 An exempt employee who has completed his/her shift and is called back to work or requested to report earlier than their normal scheduled work day shall be guaranteed two and one-half (2-1/2) hours work, which includes thirty (30) minutes travel time, and shall receive compensatory time off at the rate of one and one-half (1-1/2) times in lieu of monetary compensation. If the accrued time cannot be scheduled to be taken within six (6) months of accrual, the exempt employee will receive pay for those hours at one and one-half (1-112) times their regular rate of pay.

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