\ UPSTATE MEDICAL UNIVERSITY Honan Resouces Deprinent SETTLEMENT AGREEMENT By and between SUNY Upstate Medical University (hereinafter Upstate), Uni Professions (hereinafter UP) and Nicholas Greco (hereinafter Dr. Greco), WHEREAS, Dr. Greco is employed by Upstate; and WHEREAS, Dr. Greco's has been the subject of a disciplinary interrogation in accordance with Article 19 (Discipline) of the 2011 - 2016 Agreement between the State of New York and the United University Professions; and WHEREAS, the parties entered into settlement discussions, during which Dr. Greco was represented by UUP; and WHEREAS, the parties acknowledge they have been fully and completely represented in the discussions and preparation of the Settlement Agreement (hereinafter Agreement) and now freely consent to enter into this Agreement, such consent not having been Induced by fraud, duress or any other undue influence. ITIS NOW, THEREFORE, AGREED AS FOLLOWS 1. Commencing December 21, 2017, and continuing through the close of business on June 21, 2018, Dr. Greco's professional obligation shall be an off campus assignment. During this period, Dr. Greco shall have no legitimate employment purpose to be on Upstate property. Dr. Greco will be performing duties, for the benefit of Upstate, through an ndopendent study to prepare a strategic plan for getting the Cord Blood Bank lab at the Community Campus ic plan jand Prepare a Job description for his successor, Dr. Greco will provide bi-weekly updates at least six business days prior to each bi-weekly pay date to Dr. Robert Corona, Chair, Clinical Pathology. Dr. Greco's continued recslet of his paycheck through direct deposit ‘and benefits will be contingent on his cooperation in providing the aforedescribed bl- Weekly updates. 2. Upon execution of this Agreement, Dr. Greco will submit an irrevocable letter of resignation from his position as a TH Technical Director Clin Lab, effective the close of business, June 21, 2018 (Attachment A), 3. Inthe event that Dr. Greco seeks and obtains public employment with the Stato of New York prior to June 21, 2018, he shall immediately notify Lisa R. Tesorio, SUNY Upstate Medical University, 750 East Adams Street, Syracuse, New York 13210 of the specific date of commencement of stich employment in writing prior to commencement of such and Upstate will be released from the terms and conditions which are set forth in Number 1 herein, Further, Dr. Greco will resign from his position with Upstete prior to accepting such ‘employment, 750 astAdems Street | Syracuse, NYIBID | Ph: 3154644850 | wwwupstste.edufir | State University of New York4. Dr. Greco agrees that he will not represent himself as being affiliated with Upstate for purposes of conducting business on behalf of Upstate, 5. Dr. Greco agrees that all prospective ‘employers shail be directed by him to the Office of Employee/Labor Relations of Upstate. Any prospective employer who contacts SUNY Upstate’s Office of Employee/Labor Relations for a reference in regard to Dr. Greco's employment shall be provided the following information: dates of employment, ttle, and salary. Upstate shall provide additional information to a prospective employer only if a written a written release signed by Dr. Greco authorizing the release of such information, or as may be required by law, rule andor regulation, 6. IfDr. Greco applies for unemployment insurance benefits in the future, Upstate agrees not to contest his application. 7. Dr. Greco acknowledges that he has not previously assigned any claims he has, or may have against the State of New York, the State University of New York, Upstate and/or any of Its officers, employees or former employees, 8. Dr. Greco specifically agrees that he will not initiate complaints, claims, grievances, including those under collective bargaining agreements, or actions or proceedings of any kind whatsoever in Federal or State courts or with any court, department, agency or body against the State of New York, the State University of New York, Upstate and/or their officers, employees or former employees related to, based upon, or arising from events that may have occurred during his employment at Upstate and/or the resignation of his employment at Upstate, 9, In consideration for the benefits conferred under the terms of this Agreement, Dr. Greco, Individually and on behatf of his heirs, successors and assigns, hereby unconditionally releases and forever discharges the State of New York, the State University of New York and the State University of New York Upstate Medical University and its trustees, agents, Successors, assigns, representatives, attorneys, heirs, executors, trustees, administrators, students and employees, of and from any and all claims, debis, liabilities, demands, Judgments, accounts, obligations, promises, acts, agreements, costs, expenses (including but not limited to attorneys’ fees), damages, actions and causes of action, of any kind or nature, whether known or unknown, suspected or unsuspected, fixed or contingent based on, arising ut of, relating to or in connection with any act, omission, statement, occurrence, obligation or Condition existing as of or prior to the execution of this Agreement. 10. Dr. Greco spectically waives any rights or claims he may have against Upstate under the Age Discrimination in Employment Act (ADEA). He is advised in writing to consult with an attorney before signing this Settlement Agreement. He understands and acknowledges that he has been given twenty-one (21) days in which to consider the terms of this Agreement. He further understands and acknowledges that he may revoke this Agreement at any time within seven (7) days of his signing this Agreement by giving notice to Upstate in writing that he revokes this Agreement. Such notice shall be addressed to Lisa R. Tesorio, SUNY Upstate Medical University, 750 East Adams Street, Syracuse, New York 13210. This Agreement shall not become enforceable or effective until the seven (7) day revocation perlod has expired. 11. Dr, Greco acknowledges and agrees that the foregoing consideration is over and above, and in addition to that which he otherwise would be entitled to upon the termination of hisemployment. Dr. Greco further ecknowiedges and agrees that he is not ented to any further payment from SUNY Upstate in exchange for his signing this Settlement. Agreement. ‘12. This Agreement shall bind and inure to the benefit of the parties, their heirs, suecessors and assigns, 18. The terms of this Agreement represent the entire agreement between the parties, In executing thls Agreement, Dr. Greca acknowledges thathe has been duly represented by his UUP representatives throughout the discuission of the terms contained herein, that he has discussed these terms with his UUP representatives, that he fully understands all ofthe terms of this Agreement and that this Agreement is final and binding, 14. Itis understood by and between the partios that this Agreement shall not be construed as an ‘admission of wrongdoing, liability, fault or misconduct of any kind by any party. itis agreed that this Agreement may not be used in evidenes for any purpose in any form except to enforce is terms. 15, This Agreement may not be used as orecedent for, or introduced at any erent or future Proceeding involving any other Upstate employee. 16. Dr, Greco agrees thet this Agreement, and all related documents shall’be deemed to be: ‘confidential by him to the extent permitted by law, and he shall not divulge the contents ofthis ‘Agreement, except as such may be necessary to enforce the terms herein or as required by Jaw, rule andor regulation. 47. Nelther Dr. Greco nor Upstate, including his supervisor, the Chair of the Pathology Department, shall disparege each other in regard ta issues relating to the State employment of Dr, Graco with Upstate. 18, The terms ofthis Agreement may not be modified exceptby a writing signed by ell parties. ‘This writing contains all the terms end conditions agreed to’by ths parties and encompasses the entire agreement entered into by the undersigned. For SUNY Upstate Medical University For United University Professions: hia ® chorir Me gpok A Le Lisa R. Tesorio Carl Pettengi v Date Employee/labor Relations Manager UUP Chapter President