Last Chance Settlement Agreement and Waiver of Claims This Last Chance Settlement Agreement and Waiver of Claims (?Agreement") is made by and between the Seattle School District No 1 (?the District") and Albert C. Virachismith Virachismith"). A. RECITALS WHEREAS. 1. Mr. Virachismith is a former Special Education Instructional Assistant for the District. 2. The District and Mr. Virachismith do not agree aboutwhether Mr. Virachismith?s employmentshould have been permanently terminated after he reported to work on Tuesday, June 20. 2017. under the influence of alcohol. 3. The parties enter into this Agreement to resolve all possible disputes and issues related to Mr. Virachismith's employment. In exchange for mutual consideration, the parties agree as follows: E. AQREEMENT AND RELEASE Agreement to Allow Work as a Daily Substitute. The District agrees. to allow Mr. Virachismith hourly employment as a paraprofessional substitute if he agrees to enter and faithfully participate in treatment and commits to- complete a six?month drug and alcohol treatment program. He will be eligible to serve as a daily paraprofessional substitute. able to work in any school except John Muir Elementary School. while he completes the treatment program. Mr. Virachismith's eligibility to substitute shall be effective upon the execution of this Agreement and will continue so long as he continues to ful?ll the requirements of his treatment program. Future AlcohoIIQrug Testing. Mr. Virachismith agrees that. in exchange for allowing him to substitute, he will have the Asian Counseling and Referral Service. the alcohol treatment program he is enrolled in, to provide written updates to ensure that he is continuing with and completes the six-month alcohol treatment program. The District also retains the right to request a drug or alcohol test at any time based on reasonable suspicion of drug or alcohol use, at District expense. These tests will take place at US Healthworks or another location selected by the District. The failure to participate or allow a drug or alcohol test if requested by the District shall be considered by the Parties to be equal to a positive drug/alcohol testand shall constitute sufficient cause for the District to terminate Mr. employment. Mr. Virachismith further understands that any future: positive druglalcohol test or violation of the District's Drug-Free Schools, Community Workplace Policy (Policy No. 5201) shall be suf?cient cause to terminate his employment. Incident Reports. Mr. Virachismith understands and agrees that, in the event the District receives written complaints or concern about his performance or conduct as a substitute (reported on an ncident Report form found in Appendix AA of the Collective Bargaining Agreement between the District and Seattle Education Association Paraprofessional Employees Human Resources will conduct a prompt and fair investigation to determine whether the information is accurate. Pending such determination, Mr. Virachismith's eligibility to substitute will be handled in the same manner as other substitutes regarding whom an incident report is filed. Mr. Virachismith understands and agrees that all communication regarding the incident Report that generates an investigation under this paragraph will be directed to the LaborIEmployee Relations Manager handling the complaint or concern. Three-incident Rule. If the investigation finds that the complaint/s or concern/s listed in an Incident Report is substantiated. Mr. Virachismith agrees? that he shall resign from his employment with the District or conversely agrees that the District will not hire him for future substitute assignments, Page I following the three incident rule (if three incidents are filed; a substitute is no longer invited back to substitute for the District). Mr. Virachismith agrees that. he may challenge whether an incident happened. but agrees that if proven he will resign or the District will terminate his employment if he receives three incident Reports. Mr. Virachismith is not surrendering the rights he has under the CBA to challenge any future investigations. 3mm Mr. Virachismith understands and agrees that. in the event he tests positive for alcohol or drugs or is terminated after receiving three incident reports he will be considered ineligible to be hired as a Substitute and he will not apply for. nor will the District hire him for any position in the District. Should he remain drug free. not receive three Incident Reports and successfully complete the six-month alcohol treatment program the District and Mr. Virachismith agree that he will be eligible to apply for long-term substitute assignments and paraprofessional positions with the District. Release and Waiver gf and Claims and Covenant to ?ug. in consideration of promises made by the District in this Agreement. Mr. Virachismith hereby releases and waives any and all claims against the District, real or potential. known or unknown. that arise out of or are related to prior disciplinary actions issued to Mr. Virachismith. This Agreement also applies to acts or omissions occurring prior to the date of execution of this Agreement. including but not limited to: claims for violation of District rules or policies; claims for violation of any applicable collective bargaining agreement; claims of discrimination or retaliation or otherviolations of federal. state. or local laws relating to discrimination. equal employment opportunity, or civil rights; claims for violations of the federal Age Discrimination in Employment Act as amended; and any other tort. contract. statutory. constitutional, or public policy claims of any kind related to past employment incidents. This waiver does not apply to future claims for retirement benefits accrued during his present employment andlor for workers' compensation claims that may not manifest until after his employment of?cially ends with the District. For the purposes of this Agreement, ?the District? includes past. present. and future District of?cers, employees. board members, agents. attorneys. and other District representatives. In addition. Mr. Wachismith agrees and covenants that he will not file any lawsuits in any court against the District; he will not ?le any grievance under any applicable collective bargaining agreement for facts related to pastemployment incidents; he will withdraw any previously ?led compiaintts). if any. under District policy; and he will not accept any recovery from any existing charge or complaint with any local. state, or federal agency for any employment claims that are within the scope of this release and waiver of claims. Further Clarification of Waiver and Release. In relation to the release of claims set forth in Section B. Mr. Virachismith further agrees a. He has carefully read the entire Agreement including the provisions speci?cally related to the release and waiver of claims; b. He understands the Agreement, including the provisions speci?cally related to the release and waiver of claims; c. He has been advised in writing (in this Agreement) to consult with an attorney about the terms of this Agreement and he has had the Opportunity to consult with an attorney about the terms of this Agreement; d. He does not waive any rights or claims that arise after the date upon which this Agreement is executed; except as stated herein. and e. He is aware that this Agreement grants him the ability to continue hourly work for the District: but in exchange, he agrees to waive and release certain rights and/or do certain things that he is not otherwise required to do. Twentv-One-Dav Consideration Period. Mr. Virachismith acknowledges that he has been given the opportunity to consider this Agreement for twenty?one (21) days in accordance with the Older Worker's Bene?t Protection Act and accepts this Agreement in its present form. Page 2 10. 11. ?12. 13. Seven-Day Revaation Period. Mr. Virachismith acknowledges that following the date the Agreement' Is signed by him; he has seven (7) days to revoke the same by personally notifying the Assistant Superintendent for Human Resources in writing of his revocation before the seven (7) day revocation period expires. No Admission of Liability. By entering into this Agreement neither Mr. Virachismith nor the District admits to any wrongdoing or fault or liability except the obligations arising from the terms of this Agreement The parties agree that this Is a negotiated settlement the terms and conditions of which are speci?c to this Agreement. and as such sets no precedent for resolution of future disputes of a similar nature The terms of this Agreement shall be construed in accordance with and governed by the statutes and common laws of the State of Washington. Any disputes now or hereafterarising in connection with the execution andlor operation of this Agreement shall be determined in Superior Court in King County, Washington. . . res tives. Both parties have had the opportunity to review this Agreement with their respective representatives (attorneys or otherwise) and now execute this Agreement knowingly and voluntarily with full knowledge and understanding of its contents. Entire Agreement and Representations. This written Agreement constitutes the entire understanding between the panies. Mr. Virachismith agrees that he has not railed upon any representations by the District prior to signing this Agreement that are not included herein. Mr. Virachismith understands that any representations not included in the Agreement are not enforceable. 7?zr- 17 Date QM Egg ?ee/rm? haaFtedick Date Director of HR Strategy 8. Operations ?-fwgk 9" 2/ /7 Stanislaw Dames Date Executive Director of LaborIEmployee Relations Clover Codd Date arxleri?i/ Assistant Superintendent for Human Resources Page 3