SEPARATION AGREEMENT AND RELEASE
This Separation Agreement and Release (“Agreement”) is made between JOHN CURRIE
(“Mr. Currie”) and THE UNIVERSITY OF TENNESSEE (“University”), a public educational
corporation of the State of Tennessee, for and on behalf of The University of Tennessee, Knoxville
(“UTK”). The parties are sometimes referred to individually as a “Party” or jointly as the
“Parties.”
WHEREAS, Mr. Currie has been employed as UTK’s Vice Chancellor and Director of
Athletics (“Athletics Director”) pursuant to an Employment Agreement fully executed on May
17, 2017 (“Employment Agreement”);
WHEREAS, the Employment Agreement includes certain provisions concerning rights
and responsibilities of the parties with respect to termination of the employment relationship,
and the parties have reached agreement on certain terms and conditions for terminating the
employment relationship rather than the terms and conditions in the Employment Agreement;
NOW, THEREFORE, IN CONSIDERATION of the mutual promises and benefits of this
Agreement, and other good and valuable consideration, the receipt and sufficiency of which is
hereby acknowledged, the parties agree as follows:
Separation from the University
1.
Mr. Currie and the University agree that Mr. Currie’s employment with the
University will end effective March 22, 2018 (the “Separation Date”).
2.
The Parties acknowledge that from December 1, 2017, through the Separation
Date, Mr. Currie has been and will continue to be paid at his monthly rate of pay that was in effect
on December 1, 2017.
3.
The Parties agree that Mr. Currie has returned all University property in his
possession as requested.
Termination of Employment Agreement
4.
The Employment Agreement between the University and Mr. Currie shall
terminate for all purposes and shall be of no further force or effect, and neither the University nor
Mr. Currie shall have further rights or obligations under the Employment Agreement, effective
at 6:00 p.m. EST on March 22, 2018.
Accrued Vacation and Leave Payment and Separation Payment
5.
In consideration of the promises in this Agreement, the University agrees to pay
Mr. Currie two million five hundred thousand dollars ($2,500,000) (the “Separation Payment”)
payable as follows: the salary (as reflected by the Regular and Additional Pay on Mr. Currie’s
Payroll Earnings/Deduction Statements) paid by the University to Mr. Currie while on
administrative leave between December 1, 2017 and March 22, 2018, and a lump-sum payment in
the amount of two million two hundred twenty thousand four hundred fifty-four dollars and

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 sixty cents ($2,220,454.60), which shall be paid by no later than April 1, 2018. The parties
acknowledge and agree that the Separation Payment is a compromised amount which includes
(a) the salary (as reflected by the Regular and Additional Pay on Mr. Currie’s Payroll
Earnings/Deduction Statements) paid by the University to Mr. Currie while on administrative
leave between December 1, 2017 and March 22, 2018; (b) accrued but unused annual leave in
accordance with regular university payroll policies and practices; (c) a reduction for an agreed
projected amount of mitigation; and (d) the parties’ mutual interest in avoiding the expenses and
costs of litigation.
6.
All payments made under this Agreement shall be subject to withholding as
required by law. The University shall report such income as required by law and University
policy. Mr. Currie bears sole responsibility for any and all direct or indirect tax consequences to
him of the payments made to him under this Agreement. The University will not make any
retirement contribution with regard to the lump-sum portion of the Separation Payment.
Voluntary tax-deferred retirement contributions (for example, 401(k) contributions) are not
permitted on the lump-sum portion of the Separation Payment.
7.
Mr. Currie shall be eligible for any post-termination benefits applicable to other
regular full-time employees who terminate employment with the University (e.g., COBRA),
except for payment of accrued and unused annual leave as aforesaid, in accordance with
University policies. Mr. Currie agrees that the University owes him no compensation, payments,
benefits, or perquisites other than as set out in this Agreement.
Mutual General Releases
8.
Other than the obligations that arise from this Agreement, and in consideration of
the matters set forth herein, upon the complete execution of this Agreement, Mr. Currie hereby
irrevocably and unconditionally releases the University, its current and former Trustees,
President, Chancellors, officers, employees, agents, representatives, successors, assigns, and
related entities (the “University Released Parties”) from any and all causes of action, suits, claims,
liabilities, damages, demands, costs, attorneys’ fees, agreements, promises, rights, obligations,
equities, actions, under all legal theories of whatever kind, in law or in equity, in contract or tort
or public policy, both known and unknown, suspected and unsuspected, disclosed and
undisclosed, actual or consequential, specific and general, however denominated. Mr. Currie
understands that he is waiving all potential legal claims that may have arisen or accrued up until
the time he signs this Agreement, and he does so deliberately. This release includes, but is not
limited to, any claims arising or accruing from Mr. Currie’s employment with the University or
his separation from University employment.
9.
Other than the obligations that arise from this Agreement, and in consideration of
the matters set forth herein, upon the complete execution of this Agreement, the University
irrevocably and unconditionally releases Mr. Currie, as well as his agents, representatives and
heirs, from any and all causes of action, suits, claims, liabilities, damages, demands, costs,
attorneys’ fees, agreements, promises, rights, obligations, equities, actions, under all legal theories
of whatever kind, in law or in equity, in contract or tort or public policy, both known and
unknown, suspected and unsuspected, disclosed and undisclosed, actual or consequential,
specific and general, however denominated. This release includes, but is not limited to, any

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 claims arising or accruing from Mr. Currie’s employment with the University or his separation
from University employment.
10.
The Parties acknowledge that they are entering into this Agreement voluntarily.
They understand and acknowledge that they are releasing claims of which they may not be aware
and that this is their knowing and voluntary intent, even though they may claim in the future to
regret having signed this Agreement. The Parties expressly waive all rights under any law that
is intended to protect them from waiving unknown claims and are aware of the significance of
doing so.
11.
Mr. Currie understands that the claims he is releasing may arise under many
different laws (including statutes, regulations, other administrative guidance, and common law
doctrines), including, but by no means limited to: Title VII of the Civil Rights Act of 1964; the
Tennessee Human Rights Act; Section 1983 of the Civil Rights Act of 1866; the Equal Pay Act; the
Americans with Disabilities Act (“ADA”); the Rehabilitation Act of 1973; any other federal or
state laws prohibiting employment discrimination; the Fair Labor Standards Act of 1938 or state
laws regulating wage and hour matters; the Family Medical Leave Act of 1993 and any
corresponding state laws; USERRA and any other laws relating to veterans’ reemployment rights;
and any claims under any tort or contract theory. Mr. Currie represents that he is aware of no
facts that make him believe he has been discriminated against on the basis of his age.
12.
Mr. Currie understands that he is releasing all known and unknown claims,
promises, causes of action, or similar rights of any type that he may have against the University
Released Parties as stated above, except that he does not release any claim relating to the right to
enforce this Agreement.
13.
While Mr. Currie waives his right to recover money damages for any claim in any
forum, he does not waive his right to initiate or participate in any investigation by the EEOC or
Tennessee Human Rights Commission regarding a claim of discrimination.
Representations and Warranties
14.
The parties assert and acknowledge that neither of them has filed or caused to be
filed any lawsuit, complaint, claim, demand, or charge relating to this matter. Each of the Parties
further agrees never to file or prosecute a lawsuit, complaint, claim, or demand, whether in state
or federal court, in the Tennessee Claims Commission, or elsewhere, based upon any acts or
omissions prior to the execution of this Agreement and agrees never to seek any damages or
injunctive or other relief with respect to acts or omissions prior to the execution of this Agreement.
15.
The Parties represent and warrant that they have not assigned or transferred any
claim covered by this Agreement, and they have not attempted or purported to do so.
16.
Mr. Currie represents and warrants that he has disclosed to UTK any and all
violations of any NCAA or Southeastern Conference constitution, bylaw, rule, or regulation
(“Rule”) by himself or by others committed during his time as UTK Athletics Director of which
he has knowledge; and that he has no knowledge of or reasonable cause to believe there exists
any other violation or potential violation of any Rule by himself or any other employee of UTK
prior to the date on which he executed this Agreement. Mr. Currie agrees that a material breach

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 of the representation and warranty contained in this Paragraph 16 shall be a material breach of
this Agreement.
17.
Mr. Currie represents and warrants that he has provided the University with a
copy of any records in his possession, and not already in the possession, custody, or control of
the University, that he believes, in good faith and on the advice of counsel, are properly subject
to disclosure under the Tennessee Public Records Act in response to the public records requests
about which the University has informed him. In light of the difficulty of retrieving text messages
and other information, however, any breach of this Paragraph 17 shall not be considered a
material breach of this Agreement, and any such breach will not provide either party with the
ability to avoid its obligations under this Agreement.
18.
Mr. Currie has advised that he will not seek reemployment with The University of
Tennessee or the State of Tennessee and the parties agree that should an application for
employment be submitted by Mr. Currie, neither The University of Tennessee nor the State of
Tennessee need consider that application.
Cooperation
19.
Mr. Currie agrees that he shall: (i) until the Separation Date, continue to promote
in an objectively positive manner the activities of the University’s intercollegiate athletics
programs; (ii) until the Separation Date, encourage coaches and staff members of the UTK
Athletics Department and any team associated therewith to cooperate in the transition to his
successor; and (iii) both prior to and after the Separation Date, refrain from discouraging any
prospective student-athlete from enrolling in the University.
20.
Mr. Currie shall cooperate fully with the University, the NCAA enforcement staff,
Committee on Infractions, and Infractions Appeals Committee with respect to any current
investigation or any other investigation of violation(s) of NCAA rules. Nothing contained in this
Agreement shall be construed to limit or influence Mr. Currie’s testimony in connection with any
NCAA or legal proceeding.
21.
In the event of any litigation (either threatened or filed) against the University, its
officers or employees, or the State of Tennessee, Mr. Currie shall cooperate fully with the
University and its legal counsel. Such cooperation includes, but is not limited to, Mr. Currie (i)
making himself reasonably available to discuss such litigation with University legal counsel; (ii)
making himself available for his deposition; and (iii) making himself available for trial. If
requested by the University, Mr. Currie agrees to testify at trial in person, in which case the
University shall reimburse his travel expenses in accordance with University policy. Mr. Currie
shall receive no compensation for providing such litigation assistance, other than reimbursement
of expenses and payment of customary witness fees. Nothing contained in this Agreement shall
be construed to limit or influence Mr. Currie’s testimony in connection with any legal proceeding.
22.
If the University President, the UTK Chancellor, the current UTK Athletics
Director, or the University or UTK Human Resources department receives a request for a job
reference for Mr. Currie, they shall respond by providing the letter of reference attached to this
Agreement as Exhibit A or by making statements consistent with that letter.

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 Miscellaneous
23.
Mr. Currie’s separation shall be announced via a mutually agreed-upon press
release immediately upon the approval of this Agreement by an appropriate Board of Trustees
Committee as required by Board of Trustees Policy on Settlement of Claims and Litigation,
BT0012. The parties agree to use their best efforts not to release the fact of his separation or the
terms of this Agreement until such announcement. However, Mr. Currie acknowledges that this
Agreement is subject to the Tennessee Public Records Act, that it must be approved by State
officials and by an appropriate Board of Trustees Committee, and the University may be required
to release this Agreement before the agreed-upon press release is distributed.
24.
This Agreement constitutes the entire agreement between the parties, and all oral
discussions and prior agreements are merged herein. This Agreement may not be modified or
canceled in any manner except in writing, signed by both parties. If any provision in this
Agreement is found to be unenforceable, all other provisions shall remain fully enforceable. The
covenants set forth in this Agreement shall be considered and construed as separate and
independent covenants.
25.
Any notices related to this agreement shall be provided as follows. Effective notice
to the University shall be accomplished only by delivering written notice in person or by tracked
carrier to Matthew Scoggins, General Counsel, The University of Tennessee, 719 Andy Holt
Tower, Knoxville, Tennessee 37996-0170, or by fax to (865) 974-0100. Effective notice to the Mr.
Currie shall be accomplished only by delivering written notice in person to Mr. Currie or by
tracked carrier to Wayne Ritchie, Ritchie, Dillard, Davies & Johnson, P.C., Suite 300, 606 West
Main Street, Knoxville, Tennessee 37902.
26.
This Agreement shall not be construed strictly for or against either party and shall
be governed by the law of the State of Tennessee.
27.
This Agreement may be executed in multiple counterparts, one or more of which
may be provided electronically and each of which shall be regarded for all purposes as an original
constituting but one and the same instrument.
28.
This Agreement is subject to the approval(s) required by Board of Trustees Policy
on Settlement of Claims and Litigation, BT0012, and it is not final and binding without such
approval(s). The University officials signing below will use their best efforts to obtain the
approval(s) of this Agreement required by Board of Trustees Policy on Settlement of Claims and
Litigation, BT0012. If not approved, this Agreement is null and void, none of its terms shall have
any force or effect whatsoever, and no party shall gain or lose any rights or remedies by having
signed or agreed to this Agreement.
READ THIS ENTIRE AGREEMENT AND CAREFULLY CONSIDER ALL OF ITS
PROVISIONS BEFORE SIGNING IT. IT INCLUDES A RELEASE OF KNOWN AND
UNKNOWN CLAIMS. YOU SHOULD CONSULT YOUR ATTORNEY BEFORE SIGNING
THIS AGREEMENT.
[signature page follows]

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 IN WITNESS WHEREOF the parties have executed this Agreement on the dates indicated
below.

JOHN CURRIE

John Currie

Date

THE UNIVERSITY OF TENNESSEE
By:

~p~

Chancellor, The University of Te1messee, Knoxville

Date
By:

David L. Miller
Chief Financial Officer
The University of Tennessee

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 IN WITNESS WHEREOF the parties have executed this Agreement on the dates indicated
below.

 

Currie

12. (?Penn ?2 a (8
Date

 

THE UNIVERSITY OF TENNESSEE

By:

 

Beverly Davenport
Chancellor, The University of Tennessee, Knoxville

 

Date

 

David L. Miller
Chief Financial Of?cer
The University of Tennessee

 

Date

EXHIBIT A TO SEPARATION AGREEMENT AND RELEASE
Re: John Currie
To Whom It May Concern:
I am pleased to write a letter of reference for John Currie. John served as Vice Chancellor and Director
of Athletics (Athletics Director) for The University of Tennessee, Knoxville (UTK) from April 2017
until December 2017. During that time, I was impressed with John’s commitment to our athletics
program in general and to our student-athletes in particular. We forged a productive partnership that
led to several key initiatives while he was here.
Shortly after he began work, John took a number of positive steps that unified our fan base, including
helping restore the Lady Vols name and logo and helping bring Phillip Fulmer back into the fold as
a paid university advisor. From the moment he accepted the job, John worked to build connections
across our campus communities and worked to create a culture of transparency, fiscal responsibility,
and passion for UT Athletics. He opened productive lines of communication with the faculty senate,
student government, deans and department heads. John focused on student-athlete welfare, Title IX
& Clery Act compliance, and academic success. He strategically recruited and hired several
nationally respected administrators who continue to provide great leadership for our programs.
John’s reputation as an outstanding fundraiser proved true. He obtained approval from the UT Board
of Trustees to increase the scope and budget for a Neyland Stadium renovation project (from $106
million to $180 million). The expansion of the project was made possible by John’s organizational
and fundraising efforts.
I am very optimistic that the two coaching hires John made (Tony Vitello – baseball; Chris Woodruff
– men’s tennis) will be successful at UTK.
John was my first hire at UTK. He met all of the qualities I was looking for: a sitting athletics director
at a Power-5 institution; someone committed to student success; and someone who was committed
to winning the right way. Other immediate impressions related to John’s intensity, high energy and
excellent interpersonal skills.
Those qualities along with John’s knowledge of UTK athletics led to several significant
accomplishments during his tenure.
Sincerely,

Beverly J. Davenport
Chancellor