VOLUNTARY SEPARATION AGREEMENT AND RELEASE OF CLAIMS

STATE OF TEXAS §
§
COUNTY OF McCLENNAN §

THIS VOLUNTARY SEPARATION AGREEMENT AND RELEASE (“Agreement”) is

made by and between the MCGREGOR INDEPENDENT SCHOOL DISTRICT (“District”), a
political subdivision of the State of Texas, and JUDD THRASH, his representatives, heirs,
executors, and assigns (“Employee”). Employee and the District shall be referred to herein
jointly as the “Parties.” This Agreement is the final agreement between the District and
Employee and it controls the contractual employment relationship between the Parties after the
date of this Agreement.
RECITALS:
WHEREAS, Employee is currently employed by the District on a term contract for the
2018-2019 and 2019-2020 school years as Athletic Director/Head Football Coach; and
WHEREAS, certain disputes have arisen between Employee and District over
Employee’s employment with the District; and
WHEREAS, the Parties desire to compromise and settle all claims and causes of action of
any kind whatsoever that Employee may have against the District or any agent, employee, or
trustee (in their official or individual capacities) of the District arising out of Employee’s
employment with the District and his performance, or obligation of either party; and
WHEREAS, the Parties desire to compromise and settle all claims and causes of action of
any kind whatsoever that the District may have against Employee or any of his heirs, executors,
administrators, successors, and assigns arising out of Employee’s employment with the District
and his performance, or obligation of either party, and intend that the full terms and conditions of
their compromise and settlement be set forth in this Agreement.
NOW, THEREFORE, in consideration of the mutual representations, promises, and
agreements set out below, including the recitals set forth above, and with the express intention of
settling and extinguishing all obligations, demands, claims, causes of action, and liability of
whatever nature relating to Employee’s employment with the District, the Parties voluntarily
agree as follows:
AGREEMENT
1. Resignation. In exchange for the consideration described below, Employee has
voluntarily and irrevocably resigned from his employment with the District effective February
__, 2019. The signing of this Agreement by an authorized official of the District shall constitute
acceptance of such resignation by the Superintendent of Schools or designee, without any further
action or formality required by the District, and also constitutes written notification to Employee
that Employee’s resignation has been accepted.
 2. District Property. Employee shall return all keys, credit cards, books, records,
student records, computers, if any, and any other property, if any, of the District in Employee’s
possession within three days of signing this Agreement. All electronic equipment shall be
returned without damage or alteration to the content or files; specifically, Employee is prohibited
from “wiping” any electronic device owned by the District and issued to Employee during
employment before returning. Arrangements shall be made with District’s technology personnel
to retrieve Employee’s personal files (only) after equipment is returned.
3. Future Employment. District agrees that Employee shall be listed as “eligible for
rehire.” In exchange for the consideration in this Agreement, Employee forever removes himself
from the pool of prospective employees who may be eligible and qualified for future
employment with District. Employee acknowledges and represents that forgoing future
employment opportunities with District does not significantly restrict his ability to find other
gainful employment within his abilities, profession, or geographic location. If Employee should
be inadvertently rehired, Employee agrees that such contract will be null and void. (Employee’s
initials _____).
4. Reference. The Superintendent of Schools shall provide Employee a mutually
agreed, positive letter of recommendation, attached to this agreement as Exhibit A. All future
inquiries concerning Employee shall be directed to Cheri Zacharias for handling. No other
District employees, including but not limited to James Lenamon, Paul Miller, Melissa Seward,
Seth Fortenberry, Todd McCauley, Jason Parsons, Jake Marshall, David Everett, Kelly Tharpe,
Tim Seward, Stephen Fewell and Gene Griffin, are authorized to provide a reference for
Employee or contact Employee’s potential employers regarding Employee. The Superintendent
will direct these employees that they are not authorized to provide a reference on behalf of the
District and will further direct Fortenberry, McCauley, and Griffin that they are not to contact
other school districts or coaches about Employee. District agrees that these employees will be
disciplined if they violate these directives. Employee may request a more detailed reference from
District employees directly, but such individuals are not obligated to provide such information.
Employee agrees that District is not responsible for the statements of such individuals.
5. Evaluation. Employee will not receive a formal evaluation for the 2018-2019
contract year.
6. Personal Effects. Employee shall remove all personal effects and property from
the District, if any, within 72 hours following execution of this agreement or after regular
business hours at Employee’s supervisor’s discretion.
7. Consideration. In consideration for Employee’s agreement to voluntarily resign,
the District shall pay Employee a lump sum of $116,733.39, representing the total amount of
salary remaining under his contract.
8. Release of Information. The District agrees to place all documentation related to
complaints made against Employee in a separate, limited-access file located in the department of
human resources. Employee understands and agrees that such documentation may be disclosed
pursuant to a subpoena, judicial or quasi-judicial order, information request allowed by law,
and/or other judicial or administrative requirements. Employee understands and agrees that the
District may cooperate with SBEC and/or a law enforcement agency in any investigation

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regarding Employee, including but not limited to providing information and/or documents
related to Employee’s employment. Nothing in this Agreement, including the District’s
agreement to segregate documents, alters or modifies the District’s ability or obligation(s) to
provide information to SBEC or a law enforcement agency related to Employee.
9. Based upon the evidence currently available, the Parties agree that 19 TAC
§249.14(d) and Texas Education Code 21.006(b) do not require the District to notify the State
Board for Educator Certification and/or the Texas Education Agency (TEA) in this matter and
therefore, no such report shall be made to the above board/agency regarding Employee.
Employee understands that, should the District discover evidence of misconduct by Employee,
that the District may become required to make such a report. (Employee’s initials _____).

10. No Further Obligations. Payment of the consideration described in section 7 to

Employee and the exchange by the Parties of any other consideration set out here shall constitute
full and final satisfaction of the District’s obligations to Employee as an employee including, but
not limited to, any and all rights Employee may have had pursuant to his employment with
District, as well as any additional right or privilege Employee may have had pursuant to state or
federal law.
11. No Admissions. This Agreement is entered voluntarily between the Parties, and
the Parties understand and agree that the terms of this Agreement are contractual and not merely
recitals, and that the agreements and consideration paid are to compromise disputed claims,
avoid litigation, and buy peace, and that no statement or consideration given shall be construed
as an admission of any liability or wrongdoing by or on behalf of either Party.
12. Employee’s Release. In exchange for the consideration set out here, which
Employee specifically acknowledges to be sufficient consideration to support this Agreement,
Employee irrevocably and unconditionally WAIVES, RELEASES, ACQUITS, INDEMNIFIES,
HOLDS HARMLESS, AND FOREVER DISCHARGES the District, along with its respective
current and former affiliates, affiliated entities, agents, heirs, Board of Trustees, individual
trustees, employees, fiduciaries, assigns, representatives, officers, insurers, attorneys, and any
other person acting on behalf of the Board of Trustees or the District (“Released Parties’’), of
and from all causes of action, debts, salaries, wages, compensation, benefits, damages, liabilities,
costs, controversies, claims, demands, contracts, rights and privileges of every nature and
description whatsoever, whether in tort, contract, or equity, whether known or unknown, or by
virtue of any civil rights or other federal or state constitution, law, regulation, or rule, asserted or
unasserted, arising or occurring at any time on or prior to the date of Employee’s execution of
this Agreement. Employee WAIVES, RELEASES, ACQUITS, INDEMNIFIES, HOLDS
HARMLESS, AND FOREVER DISCHARGES these claims, causes of action and liabilities on
behalf of herself/himself and on behalf of his heirs, assigns, and anyone making a claim through
Employee.
The claims, causes of action, and liabilities WAIVED, RELEASED, ACQUITTED,
INDEMNIFIED, HELD HARMLESS, AND DISCHARGED by Employee include, but are not
limited to, all claims, causes of action and liabilities arising out of or related to the Employee’s
employment, resignation, or other relationship with the District whether based on tort, contract
(express or implied), or any local, state, municipal, or federal statute, order, regulation,
ordinance, or common law, including but not limited to, claims under Title IX of the Education

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Amendments of 1972; the United States Constitution; the Constitution of the State of Texas; 42
United States Code Sections 1983, 1981, and 1988; Title VII of the Civil Rights Act of 1964 and
1991; the Worker Adjustment and Retraining Act; the Age Discrimination in Employment Act of
1967 (as amended); the Older Workers Benefit Protection Act; the Equal Pay Act; the Texas
Labor Code; the Texas Commission on Human Rights Act; Section 504 of the Rehabilitation Act
of 1973; the Americans with Disabilities Act of 1990, as amended; the Immigration Reform and
Control Act; the National Labor Relations Act; the Lily Ledbetter Fair Pay Act; Texas wage and
hour laws; and any common law claims that were raised or could have been raised by Employee
on or before the execution of this Agreement, unless otherwise prohibited by law, or any other
claims for personal injury, monetary damages, back pay, front pay, benefits, compensatory
damages, punitive damages, liquidated damages, attorneys’ fees and any other form of personal
relief.
Employee expressly agrees not to sue or participate, unless required by court order or
law, in any federal or state judicial or state administrative proceeding against the District or its
officers, employees, representatives, or agents, in their official or individual capacities, related to
his employment by the District, Board member, or District employee conduct during his
employment with the District, or his resignation from the District, and further expressly agrees,
unless otherwise prohibited by law, not to make any reports or claims regarding Board member
or District employee conduct committed prior to the execution of this Agreement, to any federal
or state agency or tribunal, unless such action would be prohibited by law. Employee further
expressly agrees to withdraw or dismiss with prejudice, any pending reports or claims that he has
filed or asserted against the District, its Board of Trustees, the individual members thereof, its
employees, agents, attorneys and any other person acting on behalf of the Board of Trustees or
the District, with any judicial or administrative body in any forum whatsoever, including, but not
limited to, the Texas Education Agency, the Texas Commission on Human Rights, the State
Board for Educator Certification, or any court in any jurisdiction, and specifically waives his
right to recovery for any action he has filed with the Equal Employment Opportunity
Commission (“EEOC”) or that the EEOC has brought on his behalf.
In waiving and releasing any and all claims against the Released Parties, whether or not
now known to Employee, Employee understands that this means that, if Employee later
discovers facts different from or facts in addition to those facts currently known by Employee, or
believed by Employee to be true, the waivers and release in this Agreement will remain in effect
in all respects, despite such different or additional facts and Employee’s later discovery of such
facts, even if Employee would not have agreed to this Agreement if Employee had prior
knowledge of such facts.
The RELEASE and WAIVER in this Agreement does not apply to claims that may arise
after the date this Agreement is signed by Employee or claims that may not be waived or
released as a matter of law, including but not limited to vested and accrued rights and benefits in
any retirement or welfare benefit plan. Nothing in this Agreement shall prohibit Employee from:
(1) enforcing the terms of this Agreement; or (2) participating in an investigation in connection
with a charge with the EEOC or similar governmental administrative agencies; provided,
however, that Employee specifically waives and releases his right, if any, to any monetary
recovery or other relief that may arise from and/or relate to such filings against any of the
Released Parties. (Employee’s initials _____).

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 13. District’s Release. District does hereby release, acquit, and forever discharge
Employee from all civil actions, civil causes of action, civil obligations, civil costs, civil
expenses, civil damages, civil loses, civil claims, civil liabilities, civil debts, and civil demands
(including attorneys’ fees and costs actually incurred), whether known or unknown, that District
had, now has, or in the future may have against Employee by reason of or in any respect to, any
act, cause, matter, or thing that may have arisen at any time up to and including the date of
execution of this Agreement, of whatever character, at civil law or in equity, arising out of
Employee’s employment with the District.
14. No Retaliation or Disparagement. The Parties agree that each Party will not
retaliate against, harass, disparage, or defame in any manner, directly or indirectly, personally or
through third parties, the Employee or any current or former District employee, any board
member, attorney, officer, parent or student of the District. In addition, a Party shall not make,
participate in the making of, or encourage any other person to make, any statements, written or
oral, including but not limited to electronic or social media, that criticize, disparage, or defame
the goodwill or reputation, or which are intended to embarrass or adversely affect the morale of,
the Employee, the District, any District campus, board members, District employees, students, or
any other agent of the District, unless required to by law. The Parties further agree not to make
any negative statements, written or oral, relating to Employee’s employment with the District,
unless required by law. If asked about the dispute, the Agreement, or the other Party, the Party
shall say only, “The situation was resolved to the parties’ mutual satisfaction, and I am not
permitted to comment further.” In making this Agreement, Employee acknowledges that he is
voluntarily waiving his free-speech rights under the United States and Texas Constitutions but is
doing so only after careful consideration and in consultation with his attorney. The Parties agree
that failure to meet the requirements of this paragraph could constitute a breach of this
Agreement and that this Agreement could be used in any appropriate legal proceeding to enforce
the terms of this Agreement or protect the individuals this Agreement is designed to protect, and
that the terms of this paragraph shall survive the termination of this Agreement. (Employee’s
initials _____).
15. Voluntary Agreement. The Parties stipulate that this Agreement has been entered
into voluntarily and not as a result of coercion, duress, or undue influence. Employee
acknowledges that he has read and fully understands the terms of this Agreement, and that this
Agreement is based upon advice of and with consent of counsel.
16. Entire Agreement. This document constitutes and contains the entire Agreement
and understanding concerning Employee’s employment with the District, voluntary resignation
from the same, and the other subject matters addressed here between the Parties, and supersedes
and replaces all prior negotiations, agreements, understandings, or discussions, whether or oral or
written, express or implied, concerning this subject matter. The Parties each acknowledge that no
representations have been made to them that are not contained in the Agreement, that they have
not signed this Agreement in reliance on any representation not expressly set forth in this
Agreement, and that any representations of any kind not contained in this Agreement shall not be
valid or binding, unless, following the signing of this Agreement, the Parties put such a
modification in a writing signed by both an authorized representative of the District and the
Employee.

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 17. No Transfer of Rights. This Agreement shall be binding upon all Parties, their
respective heirs, executors, administrators, successors and assigns. Employee acknowledges that
he has not transferred or assigned any cause of action or claim, in whole or in part, that he may
have against the District to any person, firm or entity. Employee represents and warrants that he
is the sole owner of any claims he has released in this Agreement, and that he has not assigned or
transferred any such claim (or any interest in such claim) to any other person, and he will
indemnify, defend, and hold the Released Parties harmless for any damages, costs, or expenses
that they may incur if these representations and warranties are incorrect in any respect.
18. Legal Counsel. Employee represents and agrees that he has discussed this
Agreement with legal counsel of his choice that Employee fully understands and comprehends
all terms of this Agreement, and that Employee has not transferred or assigned any part of any
cause of action or claim hereby released to any person, firm or entity.
19. Attorney’s Fees. The District and Employee agree that each party shall be
responsible for the payment of their own respective attorneys’ fees. In the event either of the
Parties brings an action against the other party under the terms and provisions of this Agreement,
the losing party in that action agrees to pay the prevailing party’s reasonable attorneys’ fees and
court costs, to be affixed by the Court.
20. State Law to Apply. This Agreement is to be performed in the State of Texas, and
the substantive laws of the State of Texas shall govern the validity, construction, enforcement,
and interpretation of this Agreement. Venue for any action brought to enforce or interpret this
Agreement shall be brought in McLennan County, Texas.
21. Severability. In the event that any one or more provisions (or any portion thereof)
of this Agreement is held to be invalid, unlawful, or unenforceable for any reason, the invalid,
unlawful, or unenforceable provision (or portion thereof) shall be interpreted or modified so as to
provide the Released Parties with the maximum protection that is valid, lawful, and enforceable,
consistent with the intent of the District and Employee in entering into this Agreement. If such
provision (or portion thereof) cannot be interpreted or modified so as to be valid, lawful and
enforceable, that provision (or portion thereof) shall be severed from the remainder of this
Agreement (or provision), and the remainder shall continue in effect and be construed as broadly
as possible, as if such invalid, unlawful or unenforceable provision (or portion thereof) had never
been contained in this Agreement.
22. Jointly Drafting. This Agreement is the product of arm’s length negotiations
between the Parties and their counsel, and no party shall be deemed to be the drafter of any
provision or the entire Agreement. The wording in this Agreement was reviewed and accepted
by all Parties after reasonable time to review with legal counsel, and no Party shall be entitled to
have any wording of this Agreement construed against the other Party as the drafter of the
Agreement in the event of any dispute in connection with this Agreement.
23. Original Documents. This Agreement may be executed in a number of identical
counterparts, each of which shall be deemed an original for all purposes. The Parties further
agree that they shall execute any and all documents necessary to effect the intent and purposes of
this Agreement. Each Party agrees that facsimile signatures shall have the same effect as original
signatures.

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 24. COBRA Notice. Notice is hereby given that the “qualifying event” under the
Consolidated Omnibus Reconciliation Act (“COBRA’’) shall occur on the effective date of
resignation, and Employee shall thereafter be eligible to continue in the District’s insurance
program for the statutorily-allotted time, provided Employee pays the necessary premiums at the
appropriate times.
25. Headings and Terms. The paragraph headings of this Agreement are for
convenience only and are not intended to have any effect in construing or interpreting this
Agreement. The term “including” in this Agreement is used to list items by examples only, not
provide an exhaustive list.
26. Authority. Each signatory below acknowledges, represents, and warrants that
they have the requisite authority to execute this Voluntary Separation Agreement and Release of
Claims in their designated capacities.
27. Public Information. The Parties acknowledge that, upon full execution, this
Agreement is a public document under the Texas Public Information Act.
The Parties have made and executed this Agreement on the dates stated below.

PLEASE READ THIS SETTLEMENT AGREEMENT CAREFULLY. IT INCLUDES A

WAIVER AND RELEASE OF ALL KNOWN AND UNKNOWN CLAIMS.

Date: _______________ By: ____________________________________

Judd Thrash

STATE OF TEXAS §
COUNTY OF LAMPASAS §

Before me, the undersigned, a Notary Public in and for the State of Texas, on this day
personally appeared Judd Thrash known to me to be the person whose name is subscribed to the
foregoing instrument and acknowledged to me that he executed the same for the purposes and
considerations therein expressed, and in the capacity therein stated.

Given under my hand and seal of office this ____ day of _________, 2019.

____________________________________
Notary Public in and for the State of Texas

MCGREGOR INDEPENDENT SCHOOL

DISTRICT

Date: ______________ By: ____________________________________

NAME:
TITLE:

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