SETTLEMENT AGREEMENT
This Settlement Agreement (“Agreement”) is made in the State of Arizona by and
between Lawrence M. Krauss (hereinafter “Krauss”) and the Arizona Board of Regents, a
body corporate, for and on behalf of Arizona State University (hereinafter “ASU”),
RECITALS
Krauss is employed by ASU as a tenured professor in the School of Earth and
Space Exploration;
Pursuant to Arizona Board of Regents policy, ASU and Klrauss recently engaged
in a Conciliation process to resolve issues related to Krauss’s employment relationship
witli ASU. In the discussions that followed, the parties reached the following agreement,
which resolves the parties’ concerns regaining Krauss’s continued employment.
AGREEMENT
In consideration of the agreements and provisions contained in this Agreement,
the parties agree and declare as follows;
1.
Klrauss to Voluntarily Retire. Krauss will retire from his position as a
tenured Professor in the School of Earth and Space Exploration effective May 16, 2019,
ASU shall accept Krauss’s request to retire, and ICrauss’s retirement shall become
inevocable. Krauss shall tender his written retirement to ASU President Michael M.
Crow within 24 hours of the last party’s signature to this agreement. Krauss shall remain
on leave with pay thi'ough his final date of employment. Krauss’s base academic year
salary and benefits will remain unchanged. Krauss shall have no authority to act for or
on behalf of ASU and shall make no statements, including in any online profiles or social
media websites or in speaking engagements that misrepresent his status or authority.
Krauss shall continue to be subject to Arizona Board of Regents and University policies
while he remains employed.
2.
Resolution of Internal Processes. ASU shall terminate the pending
personnel review process and shall not commence future review processes against Krauss
regarding any matter arising before the Effective Date of this agreement. Records
relating to the pending personnel inquiry will be maintained in the Office of General
Counsel.
3.
Krauss to Return University Property. Krauss agrees to return all
University property, including, but not limited to, keys, files, records, computer access
codes, computer programs and any other property belonging to ASU no later than May
16,2019.
4.
Funds Donated to ASU Foundation for Origins Project. If, within 90 days
of the Effective Date, any of the following donors to the ASU Foundation to support the
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 Origins Project makes a request that the ASU Foundation return their donation, ASU will
not oppose the return of funds to the donor:
(a) Donors who contributed $4,000 or more, including multiple donations from a
single family, since January 1, 2017; and
(b) Donors who contributed in excess of $300,000 since 2010.
Only requests from these individuals or groups will be considered for return. The ASU
Foundation shall be solely responsible for determining the method for calculating the
amount of funds attributable to each donor that are available for return, making the
calculation, and specifying the form of the consent or direction necessary from the donor.
5.

ASU Statement and Public Records.

a.
The parties agree that, following Krauss’s written tendering of his
retirement as outlined in Paragraph 1 above, the following public statement will be
released by ASU;
The University has accepted Dr. Krauss’s request to retire from his position as
Professor at Arizona State University.
Krauss may respond truthfully to inquiries about his employment at ASU in
communication with potential employers. If contacted by a potential employer, and to the
extent that Krauss has provided information beyond the statement above, ASU shall have
the right to correct inaccuracies, if any, in the information provided.
b.
If ASU receives a public record request from a third party for
records pertaining to Krauss’ employment at the university, ASU will provide notice to
Bvrauss prior to any disclosure to permit Krauss the opportunity to consider whether he
should seek a judicial order to prevent disclosure of the record. ASU will use
lawkrauss@gmail.coni to provide notice. Krauss understands that he has the
responsibility to notify' the Office of General Counsel at ASU if his email address
changes.
Non-Disparagement. Except as provided by law, the parties agree that
6.
they will refrain from making any statements that are disparaging of the other. This
means that: (a) Krauss will refrain from making any statements that are disparaging of
ASU and the President, the Executive Vice-President and Provost, the Dean of the
College of Liberal Arts and Sciences, the Dean of Natural Sciences of the College of
Liberal Arts and Sciences, the Director of the School of Earth and Space Exploration, and
the employees who participated in the ASU Office of Equity and Inclusion investigation
(all collectively referred to hereafter as the “Participating Employees”) and (b) the
President, the Executive Vice-President and Provost, the Dean of the College of Liberal
Arts and Sciences, the Dean of Natural Sciences of the College of Liberal Arts and
Sciences, and the Directot of the School of Earth and Space Exploration will refrain from
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 making any statements that are disparaging of Krauss. For purposes of this provision, a
“disparaging statement” is any statement related to this personnel review process
intended to impugn the integrity of the individuals and institutions identified in this
paragraph or any statement that is intended to adversely affect their reputational interests.
If any ASU employee makes a disparaging statement about Krauss to the media or in
another public context, and that statement could reasonably be perceived as speaking on
behalf of ASU, then, if asked to comment, ASU will respond that the employee spoke in
their personal capacity and not on behalf of ASU. Releasing factual information, or
producing records in response to a public records request, will not constitute a violation
of this provision.
7.

Waiver and Release of Claims.

a.
ICrauss waives, releases, and discharges all of his existing rights to
any relief of any kind (Icnown and unknown) from ASU, and its respective insurers,
affiliates, divisions, directors, board members, officers, employees, spouses, agents,
successors, and assigns, including without limitation all claims that arise out of or that
relate to his employment with Arizona State University, all claims that he asserted or
could have asserted, all claims that arise out of dr that relate to any of the statements or
actions of ASU, all claims that arise under the Civil Rights Act of 1964, Title IX of the
Education Amendments of 1972, the Rehabilitation Act of 1973, the Americans with
Disabilities Act, the Family & Medical Leave Act, the Fair Labor Standards Act, the
National Labor Relations Act, the Arizona Civil Rights Act, the Arizona wage payment
laws, or the Arizona Employment Protection Act, all claims for relief or other benefits
under any other federal, state, or local statute, ordinance, regulation, rule of decision, or
principle of common law, all claims that ASU engaged in conduct prohibited on any
basis under any federal, state, or local statute, ordinance, regulation, rule of decision, or
principle of common law, and all claims for attorneys’ fees, liquidated damages, punitive
damages, costs, and disbursements (all of which are referred to here collectively as
“Claims”), regarding any matter arising before the Effective Date of this Agreement. For
the avoidance of doubt, however, this waiver and release of claims does not apply to tire
Age Discrimination in Employment Act (ADEA) or the Older Workers Benefits
Protection Act (OWBPA).
Krauss acknowledges and agrees that the waiver, release, and
b.
discharge in this Agreement is a general release of all existing Claims, Icnown and
unknown, except as noted above regarding the ADEA and OWBPA, regarding any matter
arising before the Effective Date of this Agreement. Krauss intends by the execution of
this Agreement to fully, finally, and forever release all Icnown and unknown Claims,
notwithstanding the discovery or existence of any additional or different facts or Claims
at any time after he signs this Agreement, except as noted above regarding the ADEA and
OWBPA, regarding any matter arising before the Effective Date of this Agreement.
No Admission of Wrongdoing. This Agreement does not constitute an
8.
admission that any person or entity violated any local, state, or federal law, ordinance,
regulation, lailing, statute, rule of decision, or principle of common law, or that any
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 person or entity engaged in any improper or unlawful conduct or wrongdoing. No party
will characterize this Agreement as an admission of indication that any person or entity
engaged in any improper or unlawful conduct or wrongdoing.
9.
Statements bv ASU. Krauss acicnowledges that in deciding to sign this
Agreement, he has not relied upon any statements, representations, or promises made by
ASU, other than the statements made in this Agreement.
10.
Authority. Krauss represents and warrants that he has the authority to
enter into this Agreement, that he has not assigned any Claims to any person or entity.
Krauss has cai'efully read and fully understands all of the provisions of this Agreement
and has lorowingly and voluntarily agreed to accept all of the terms and conditions
contained herein without any pressure or coercion by any person. Krauss has had the
opportunity to consult legal counsel prior to signing this agreement.
11.
Invalidity. In the event that a court of competent jurisdiction determines
that any provision of this Agreement is invalid, illegal, or unenforceable in any respect,
such a determination will not affect the validity, legality, or enforceability of the
remaining provisions of this Agreement, and the remaining provisions of this Agreement
will continue to be valid and enforceable.
12.
Entire Agreement. The parties intend for this Agreement to define the full
extent of their legally enforceable undertakings. The parties do not intend that any
representations or statements made in any prior conversations, discussions, negotiations,
correspondence, or writings between them be legally enforceable, and all other
agreements and understandings between them relating to the subject matter of this
Agreement are superseded by this Agreement. The parties will execute and deliver to
each other any and all such further documents and instruments, and shall perform any and
all such other acts, as reasonably may be necessary or proper to carry out or effect the
purposes of this Agreement.
Headings. The descriptive headings of the paragraphs and subparagraphs
13.
of this Agreement are intended for convenience only, and do not constitute parts of this
Agreement.
Counterparts. This Agreement may be executed simultaneously in two or
14.
more counterparts, each of which will be deemed an original, but all of which together
will constitute one and the same instrument.
Governing Law and Attorneys’ Fees. This Agreement will be construed in
15.
accord with the laws of the State of Arizona. Any dispute or controversy arising from
any breach or asserted breach of this Agreement will be governed by Arizona law. In the
event any suit, action nor other proceeding arises under the terms of this Agreement, or in
connection with any of its provisions, the prevailing party shall be entitled to recover
reasonable attorneys’ fees and other costs incurred in that action or proceeding, including
appeals, in addition to any other relief to which it may be entitled.
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 16.
Effective Date. The Effective Date of this Agreement shall be the date of
the last party’s signature to this agreement, and in any event, no later than October 19,
2018.
IN WITNESS WHEREOF, the parties have executed this Agreement on the dates
indicated at their respective signatures below.

Oct 19,2018
Dated:
Lawrence M. Krauss
ARIZONA BOARD OF REGENTS For and on
behalf of ARKONA STATEJJNIVERSITY:
Dated:

&
^■"Tixecutive

President and Provost

Approved as to form:
Dated:
Kimberly A. Demai^
Attorney for ASU
Dated:

itSshtt^ilTon
Attorney for Lawrence M. Krauss

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