SETTLEMENT, RELEASE AND INDEMNIFICATION AGREEMENT This Settlement, Release and Indemni?cation Agreement (?Agreement?) is made by and between K. S-A., A MINOR, AND J. S-A., A MINOR, BY AND THROUGH THEIR GUARDIAN AD LITEM JOSHUA DOUGLAS FRANKLIN (hereinafter referred to as ?Releasors?), and DEPARTMENT OF EDUCATION, STATE OF HAWAII (hereinafter referred to as ?Releasee?), in connection with the civil action entitled K. S-A, a minor and J. S-A, a minor, by and through Joshua Douglas Franklin, as their Guardian Ad Litem v. State of Hawaii, Department of Education, Civil 0. CV 16-00115 ACK-KJM, filed in the United States District Court for the District of Hawaii (hereinafter referred to as the ?Lawsuit?). WITN ES SETH WHEREAS, Releasors, through their attorneys, filed a Second Amended Complaint in the above-referenced Lawsuit in the United States District Court for the District of Hawaii, on January 16, 2018, naming Releasee as the Defendant and making claims under Title IX (20 ?168 1, et seq), and for negligent in?iction of emotional distress; and WHEREAS, Releasee disputes and denies the allegations of fact asserted in the Second Amended Complaint, and has denied each and every cause of action alleged in said Lawsuit; and WHEREAS, in the Lawsuit, among other things, Releasors sought declaratory relief in the form of policy changes relating to anti?harassment, anti-bullying, and non-discrimination for gender~based complaints; and WHEREAS, prior to the filing of the Lawsuit, as a result of a compliance review by the U.S. Department of Education, Office of Civil Rights (ORC Reference No. 10115003), Releasee was in the process of reviewing the BOE policy on anti-harassment, anti?bullyin g, and non- discrimination as it relates to protected classes, and was also making other changes related to the policy, including but not limited to, training on said policy; and 1 WHEREAS, Releasee acknowledges that Releasors feel as though they have been subjected to discrimination that Releasors believe has had harmful effects on them; and WHEREAS, Releasee acknowledges its obligation to comply with all applicable federal and state anti-harassment, anti-bullying, and anti?discrimination laws; and WHEREAS, in spite of the status of the Lawsuit, and because of the pending BOE policy changes, and in order to avoid the further expense and uncertainty of litigation, Releasors and Releasee (collectively referred to as the ?Undersigned Parties?) now desire, upon the terms set forth herein, to release, settle, terminate, dismiss and discharge any and all claims, demands, actions, whether known or unknown and whether previously asserted or not asserted, which Releasors claim to have or may have in the future against Releasee or any of its officers, agents, employees, representatives, or former employees, relating to any conduct, act or omission by Releasee or any of its officers, agents, employees, representatives, or former employees arising out of or connected to the allegations, facts, and circumstances surrounding the Lawsuit and alleged therein; and WHEREAS, this Agreement shall not be construed as an admission by the Releasee or any of its officers, agents, employees, representatives, or former employees of any fault, wrongdoing or liability whatsoever, and is entered into solely as a compromise and to avoid further costs and expenses. NOW, THEREFORE, in consideration of the mutual covenants and conditions contained herein, Releasors and Releasee hereby agree as follows: I. In consideration of Releasors? dismissal of the Lawsuit, Releasee promises and agrees: to pay Releasors, within sixty (60) days from the date of this Agreement, the sum of $10,000.00, on condition that the payment is to be divided $5,000.00 to each of K. 2 and J. S-A, that each payment is deposited into a secure investment account in each of K. S-A, and J. name, and not distributed to K. S-A and J. S-A until K. S-A and J. S-A each reach the age of 18; and, to complete and implement the following planned policy changes for all public schools under the jurisdiction of the State of Hawaii Department of Education and to use its best efforts in good faith to complete and implement the changes by the end of the 2018- 2019 School Year: 0 The State of Hawaii?s Board of Education is in the process of revising its current policy, number 305-10, Anti-harassment, Anti-bullying, and Anti- discrimination Against Student(s) by Employees, to include the prohibition of student-on-student harassment, bullying and discrimination as it relates to protected classes; 0 DOE will provide written guidance to administrators, teachers, staff, and students regarding compliance with this revised policy, that also includes a complaint process and an investigation process for those complaints of discrimination, harassment and bullying related to protected classes (?Procedures?), and will disseminate, by means of electronic and printed publications of general distribution, the newly-created Procedures to all persons responsible for recognizing and reporting those incidents that violate the BOE anti-discrimination policy including, but not limited to, employees, contractors, volunteers, and students on an age-appropriate basis; 0 DOE has been appropriated equity specialist positions for each DOE Complex Area for the purpose of ensuring compliance with Title IX (20 U.S.C. 1681, et seq, prohibiting discrimination in education), Section 504 and Title and 0 Development of a web?based standardized training program on Procedures for all DOE employees on a periodic basis. DOE will aspire to make this training mandatory, subject to applicable labor-management consultations, negotiations, and/or other applicable conditions. 2. Releasors specifically acknowledge that the settlement set forth in paragraph 1 of this Agreement does not constitute an admission of wrongdoing, liability, fault or responsibility of any kind whatsoever by Releasee or any of its officers, agents, employees, representatives, or former employees concerning any of the claims asserted by Releasors in the Lawsuit. Further, no past or present wrongdoing, liability, fault or responsibility on the part of Releasee or any of its 3 officers, agents, employees, representatives, or former employees shall be implied by the consideration set forth in paragraph 1 of this Agreement. 3. The Undersigned Parties shall each bear their own attorneys? fees and costs incurred in connection with the Lawsuit, the settlement, and this Agreement. 4. It is hereby expressly understood and agreed that this Agreement is entered into as a complete resolution and compromise of all disputed claims, including any potential claims of Releasors, and that Releasors? acceptance of the settlement consideration set forth in paragraph 1 of this Agreement will constitute a complete compromise of their disputed claims arising out of the subject matter of the Lawsuit against Releasee and/or any of its officers, agents, employees, representatives, or former employees. 5. The Undersigned Parties agree to mutual non?disparagement. The Undersigned Parties agree that neither of them nor their respective heirs, parents, spouses, agents, of?cers, employees, representatives, or former employees shall disparage the other Party in any venue or through any medium in any way, shape or form relating to the subject matter of this Agreement. Non-disparagement means that each Party agrees to take no action which is intended, or would reasonably be expected, to harm the other Party personally or its or their professional reputation and/or goodwill, or which would reasonably be expected to lead to unwanted or unfavorable publicity for the other party. 6. For and in consideration of the foregoing, Releasors, for themselves and their heirs, parents, agents, executors, administrators, successors and assigns, hereby release and forever discharge Releasee and its of?cers, agents, employees, representatives and/or former employees from any and all claims, demands, causes of action, obligations, damages and liabilities of any nature whatsoever, whether known or unknown, which Releasors now have, claim to have, or may have in the future against Releasee and its of?cers, agents, employees, representatives or former 4 employees, for any conduct, act, event, circumstance, or omission alleged in or related to the Lawsuit. 7. For and in consideration of the foregoing, Releasors, for themselves and their heirs, executors, administrators, successors and assigns, covenant and agree to defend, indemnify, and forever hold harmless Releasee, its officers, agents, employees, representatives and/or former employees against any and all claims, cross?claims, third?party claims, demands, liens, suits, or causes of action that may be asserted by Releasors or anyone acting on their behalf, or holding by or through them, or by any other person or entity relating in any way to or arising out of the subject matter of the Lawsuit. 8. Releasors agree to execute a stipulation for dismissal with prejudice of the Lawsuit upon the full execution of this Agreement and payment of the consideration recited in paragraph 1(a) above. 9. It is hereby expressly understood and agreed by the Undersigned Parties that the provisions of this Agreement have been carefully read and are fully understood, that this Agreement has been freely and voluntarily entered into with the advice of counsel, that the terms of this Agreement are contractual and binding upon each of them, and that this Agreement may not be altered, amended, modified, supplemented or otherwise changed except by a writing executed by the Undersigned Parties. 10. It is further understood and agreed that no promises, representations, understanding or warranties have been made by the Undersigned Parties other than those that are expressly contained herein. 11. The Undersigned Parties agree to cooperate fully and execute any and all supplementary documents and to take all additional actions which may be necessary or appropriate to give full force and effect to the basic terms and intent of this Agreement. 5 12. Releasors or Releasee may file an enforcement action in the any appropriate court to enforce any provision of this Agreement. The Court may enter any order consistent with its jurisdiction and powers, including but not limited to the award of damages, and the assessment of attorneys? fees and costs to the prevailing party. 13. It is further acknowledged and agreed that the Undersigned Parties rely solely upon the contents of this Agreement and upon nothing else with respect to all matters referred to in this Agreement. 14. This Agreement shall be construed and the rights of the parties determined in accordance with the laws of the State of Hawaii DATED: yam Californiaorg/and J. S?Ayawminor by and L, wrough their Guardian Ad Litem JOSHUA DOUGLAS 5" JUL 2 7 2018 DATED: Honolulu, Hawaii, RELEASEE By, CHRISTINA M. KISHIMOTO, Superintendent, Department of Education, State of Hawaii 6 CALIFORNIA JURAT WITH STATEMENT GOVERNMENT CODE 8202 See Attached Document (Notary to cross out lines 1?6 below) Et?See Statement Below (Lines 1?6 to be completed only by document signer[s], not Notary) gold o?l?clulx/ 2N l3 MQ PerSo?mll7/ quqweol Ad Lila-NW (Wholl: rhino-r7 aml Known to be ?1?qu Fens-n and who exec-?led fling, aim] qma acknowleijel e, QXQCu?lecl flle QB l?lws ?er6" 9c. ignaturWument Signer No. 1 Signature of Document Signer No. 2 (if any) A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California Subscribed and sworn to (or affirmed) before me Count of San "t on this day of .20l3 . by Date Month Year 1) Deujlas Fran Klim (and (2) Name(s) of Signer(s) proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. Signature M?f i/ \lgigliature of Notary Public Seal Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Number of Pages: a? - - @2014 National Notary Association- NationalNotary. org- 1 -800? US NOTARY (1- 8-00- 876- -6827) Item #5910 IRM AND CONTENT: ROB ROY Attorney for Plaintiffs/Releasors K. S-A, a minor, and J. a minor, by and through their Guardian Ad Litem JOSHUA DOUGLAS FRANKLIN MARIE MANUELE GAVIGAN Deputy Attorney General Attorney for Releasee DEPARTMENT OF EDUCATION, STATE OF HAWAII 7