SETTLEMENT AGREEMENT AND RELEASE OF CLAIMS

WHEREAS, Brett Malas filed a lawsuit against Hinsdale Township District #86
(“hereinafter the “Board of Education of Hinsdale Township High School District 86” or the
“Board”), alleging that the Board violated Title I of the Americans with Disabilities Act of 1990,
Title I of the Civil Rights Act of 1990, and the Illinois Human Rights Act, all of which is more
fully detailed in a Complaint in a case styled and captioned, Brett M. Malas v. Hinsdale Township
District #86, which is currently pending in the United States District Court for the Northern
District of Illinois as Case No. 1:15-cv-10490 (“Lawsuit”); and

WHEREAS, the Board expressly denies that it violated Title I of the Americans with
Disabilities Act of 1990, Title I of the Civil Rights Act of 1990, and the Illinois Human Rights
Act or any other law with respect to Malas; and

WHEREAS, in order to avoid the burden, costs and risks of further, protracted
litigation Malas and the Board have agreed to compromise the matters at issue and desire to
resolve the Lawsuit subject to the following terms and conditions within this Agreement:

NOW, THEREFORE, for and in consideration of the promises, conditions, and

covenants contained herein, and other good and valuable consideration, the receipt and
sufficiency of which is hereby it is hereby agreed as follows:

1. Within thirty (30) days of receipt of a fully executed copy of this Agreement, the Board’s
insurance carrier shall cause the following checks to be tendered to Malas’s counsel,
Kulwin Masciopinto & Kulwin: (a) a check in the amount of $72,000.00 made payable
to the KMK Client Funds Account for attorneys’ fees and costs with a corresponding IRS
Form 1099 issued to the KMK Client Funds Account with Box 3 checked and (b) a check
in the amount of $108,000.00 with a corresponding IRS Form 1099 issued to Brett Malas
with Box 3 checked which is intended to be deemed in settlement of his claims for pain
and suffering as described in the Lawsuit. No customary employee deductions or
withholdings will be taken from this payment for pain and suffering. The payments as
described above constitute full and final satisfaction of any demand of and/or payment
to Malas under the terms of this Agreement.

2. The Board agrees to certify in writing within the first quarter of the 2023-2024 school
year that school district administration sent an email to all employees regarding its
existing ADA policy which shall include a link to the policy, and its faculty handbook,
both of which shall identify the school district representatives with whom employees can
speak about accommodations. The Board will provide to Malas, through his attorney,
with a copy of the text of the notice that was sent, the policy, and the faculty handbook.

3. Unless required by subpoena or court order, the Board agrees not to disclose any
performance evaluations maintained in Malas’s personnel file.

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4. Within ten (10) days of receiving the payments referenced in paragraph one above, Malas
shall cause the Lawsuit to be dismissed against the Board with prejudice.

5. Malas, individually and for his respective heirs, devisees, legatees, executors,
administrators, assigns, agents, representatives and estate attorneys and each of them
individually and collectively, does hereby release, remit, acquit and forever discharge the
Board, its insurers, predecessors, successors, related corporations, partnerships,
shareholders, officers, directors, partners, administrators, board members, current and
former employees, sureties and attorneys, and each of them, individually and collectively
(“Released Parties”), from any and all claims, causes of action, debts, obligations,
liabilities, demands, damages, judgments, costs, penalties, claims of attorneys’ fees and
expenses, contributions and indemnities whatsoever, at law or in equity, that Malas
asserted in the Lawsuit or could have asserted against the Board or any of its agents,
Board members and/or employees, by reason of the allegations in the Lawsuit and/or
any other allegations which could have been asserted at law or at equity any time. This
includes specifically, but is not limited to, any claims for damages that Malas could
assert under Title VII of the Civil Rights Act of 1964, the Illinois Human Rights Act,
the Age Discrimination in Employment Act, the Americans with Disabilities Act, or any
other state, federal or local statutory claims or any constitutional claims arising under
either the United States or Illinois Constitutions.

6. Subject to the exclusions set forth below, the Board waives and releases all known and
unknown claims and causes of action of any kind it has or may have against Malas to and
including the day the Board signs this Agreement.

7. Nothing in the release stated in paragraph 3 shall constitute a release of Malas’s claims
or rights (if any) that are prohibited by law from being released by this Agreement nor
his claims or rights (if any) to vested benefits under the Illinois Workers’ Compensation
Act or Occupational Diseases Act. The release further does not prevent Malas from
testifying, assisting or participating in any investigation, hearing or proceeding
conducted by the Illinois Department of Human Rights (“IDHR”), the United States
Equal Employment Opportunity Commission (“EEOC”) or any similar agency. The
release does fully contemplate, however, that should Malas pursue a charge before either
of these entities, in any Court or should the EEOC file a suit on his behalf based upon a
violation of any law investigated by these entities set forth above and against any of the
Released Parties for any cause of action arising prior to or subsequent to the execution
of this Agreement, Malas expressly waives any rights to back pay, front pay,
reinstatement or any damages of any kind whether equitable or at law and any costs or
attorneys’ fees.

8. Malas warrants and agrees that he will not apply for employment with the Board at any
time in the future. He further expressly agrees that the Board has the right and ability to
refuse to consider any employment application which he files and/or submits to it or any
of its agents and he hereby unequivocally waives any right to receive back pay, front pay,
damages, attorneys’ fees or any other relief at law or in equity based upon a violation of
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 Title VII of the Civil Rights Act, the Age Discrimination in Employment Act, the
Americans with Disability Act, the Illinois Human Rights Act, the Illinois Educational
Labor Relations Act or any other similar acts or laws as a result of the Board’s refusal to
consider his employment application. He also expressly waives his right to seek injunctive
relief based upon the Board’s refusal to consider his employment application.

9. Malas warrants and agrees that he will not have any contact or communication whatsoever
with any person whom he knows to be a current or former Hinsdale Township High School
District 86 Board Member, administrator, employee, independent contractor, student,
parent or guardian, insurer, or attorneys, or their predecessors or their successors. Malas
warrants and agrees that he will not knowingly have any contact or communication with
these individuals in person or through another party, by telephone, letter, e-mail, or other
electronic media, or by any other means, including via social media. Malas may not engage
in indirect communication via social media or any other means.

10. Malas warrants and agrees that he will not enter onto any Hinsdale Township High School
District property, including but not limited to any administrative office, Hinsdale Central
High School, Hinsdale South High School and the Hinsdale Transition Center buildings.
Malas warrants and agrees that he will not knowingly attend any Hinsdale Township High
School District 86 event including, but not limited to, sporting events which take place on
School District property or at other schools or locations involving the School District’s
teams, or any other off-campus event involving Hinsdale Township High School District
86. Should Malas knowingly enter onto any Hinsdale Township High School District 86
property or appear at any Hinsdale Township High School District 86 sporting event, or
off-campus event, he understands that the police will be called, and his presence will be
considered a trespass in violation of law and this Agreement.

11. Within seven (7) days of the Effective Date, Malas agrees that

Malas further agrees that he shall refrain from any further communication with the Board,
District or any of its administrators and/or employees, as outlined in Paragraphs 10 and 11
above.

12. The Board hereby notifies Malas and Malas hereby acknowledges that he has 21 days by
law to consider the terms of this Agreement. Malas acknowledges that by signing this
Agreement prior to the expiration of the 21 day period, he knowingly and voluntarily
waives that right. The Board hereby notifies Malas that he has a right to consult with an
attorney prior to executing this Agreement. The parties further agree and acknowledge that
after Malas signs this Agreement, he has seven (7) calendar days to revoke it. If he desires
to revoke it, a written revocation must be delivered to the Board within seven (7) calendar
days from his execution of this Agreement addressed as follows:

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 Ms. Tammy Prentiss
Superintendent
Hinsdale Township High School District 86
5500 South Grant Street
Hinsdale, IL 60521

13. By entering into this Agreement, Malas acknowledges that neither the Board, its agents,
or Board members, admits nor acknowledges that it violated Title I of the Americans
with Disabilities Act of 1990, Title I of the Civil Rights Act of 1990, the Illinois Human
Rights Act, any state or federal statutes, the United States Constitution or any other law.
Malas further acknowledges that the Released Parties do not admit any liability or
wrongdoing whatsoever and liability is expressly denied.

14. Malas represents that he has read, reviewed and studied this Agreement, has
consulted with experienced and independent counsel of his own choosing, and has
voluntarily signed it without compulsion, fraud, duress, undue influence, or any
other circumstance that would overcome the free will of the signatories.

15. Malas agrees that he shall bear his own costs and attorneys’ fees in connection with the
Lawsuit and the negotiation of this Agreement and that he shall not be responsible for any
costs or attorneys’ fees incurred by the Released Parties in defense of the Lawsuit or the
negotiation of this Agreement.

16. Should any party breach any provision of this Agreement, in particular Paragraphs 10
and 11, it shall be deemed a breach of this Agreement, and any benefits received under
this Agreement by a party at the time of the breach, including any settlement funds, shall
be returned within 15 days of the breach.

17. Malas acknowledges that he has not received any advice from the Board, its agents or
attorneys regarding the tax implications of this Agreement. He acknowledges that the
terms and conditions of this Agreement are binding and final regardless of any adverse tax
rulings or decisions by the Internal Revenue Service, the Illinois Department of Revenue
or any other taxing agency or body.

18. Malas acknowledges that he is not shifting the responsibility of any medical treatment to
Medicare in contravention of 42 U.S.C. § 1395y(b). The parties resolved this matter in
compliance with both state and federal law. Malas acknowledges that he will adequately
protect Medicare’s interests.

19. Malas represents and warrants that he has neither made nor offered to make, nor will he
make, any assignment or transfer of any claims covered by the release and waiver in this
Agreement and that he is the sole and absolute legal and equitable owner of any and all
such claims.

20. The above recitals are incorporated herein by reference, shall be considered as part of this
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 Agreement, and shall be binding on the parties.

21. In consideration of the mutual covenants and other consideration provided herein, the
Parties agree that they will not at any time engage in any conduct or make any statements
or representations that disparage or otherwise impair the reputation, goodwill, or interests
of the other Party or the Released Parties.

22. Effective Date. This Agreement shall be effective on the later of: (a) the date when it has
been executed by both Parties; or (b) the date on which the seven day revocation period
(as defined above) has expired.

23. This Agreement was bargained on equal terms and drafted by both parties; accordingly,
the rule of construction that ambiguities be resolved against the drafting party shall not
apply in the interpretation of this Agreement or any amendment to it.

24. This Agreement is entered into solely on the basis of the covenants it contains and not
on the basis of any other promise or representation, either express or implied, not contained
herein.

25. This Agreement shall be binding on and inure to the benefit of both the Board and Malas
and their successors and assigns.

26. This agreement sets forth the entire integrated agreement between the parties, and there
are no prior or contemporaneous oral or written representations, promises or
agreements not expressly referred to in the Agreement. All words, phrases, sentences
and paragraphs, including the recitals, are material to the Agreement.

27. Any amendment, alteration or addition to this Agreement must be made in writing, dated
and signed by both of the parties to the Agreement.

28. The validity, construction and enforceability of this Agreement shall be construed
exclusively under and governed by the laws of the State of Illinois.

29. The parties agree and consent that any action brought to enforce the terms of this Agreement
shall only be brought in the Circuit Court of Cook County, Illinois or the United States
District Court for the Northern District of Illinois, Eastern Division.

30. If any section, provision, paragraph, phrase, clause or word contained herein is held to
be void, invalid or contrary to law by a court of competent jurisdiction, it shall be deemed
removed herefrom, and the remainder of this Agreement shall continue to have its
intended effect and full force.

31. This Agreement may be executed in multiple counterparts which shall each have the effect
of an original document.

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