AGREEMENT
‘The Fraternal Order of Police, Ohio Labor Council, Inc. (“FOP”), on behalf of Raymond
nsing (“Tensing”), filed grievances against the University of Cincinnati (“U.C.”). The FOP
and Tensing, on the one hand, and U.C., on the other, wish to resolve all issues and disputes
‘between them in any way relating to Tensing, and agree es follows:
1) On July 29, 2015, the University removed Tensing from the U.C. Police Department.
2) The FOP and Tensing have asserted, among other things, that his removal from the
Police Department was unlawful and that he was entitled to be reinstated and was entitled to full
back pay and benefits, including but not limited to all sick time, vacation time, holidays, shift
differential, pension contributions, and promotions.
3) The parties will treat the time since July 29, 2015 under Section 9.2H of the union
contract, which says “An employee charged with or under indictment for a felony... may be
placed on a paid leave of absence... until resolution of the court proceedings.”
4) By the signatures below, Tensing fully and irrevocably resigns his employment with
ULC. and U.C. accepts his resignation,
5) U.C. will then pay Tensing $244,230 in back pay, minus standard deductions
including OPERS contributions. It will also pay $100,000 for attorneys’ fees. UC will issue
‘Tensing a W-2 for the back pay payment and a Form 1099 for the attorneys’ fees payment,
Tensing agrees that he will pay any federal, state, or other taxes he may owe as a result of these
payments, and he agrees to indemnify and hold harmless U.C. for any taxes, penalties, or interest
assessed against it as a result of his failure to pay any taxes due on these payments.
6) Tensing expressly waives and gives up any claim to rehire or reinstatement and will
not apply for or accept employment or any other kind of work (whether paid or unpaid) withU.C. or its affiliates. Tensing, on behalf of himself, his agents, heirs and representatives, gives
up, releases, waives and settles all claims against U.C., and against U.C.'s current and former
officers, trustees, directors, employees, agents, benefit plans, and related or affiliated entities,
‘The claims released by this Agroement include any and all claims that relate in any way to
‘Tensing’s employment with U.C., bis removal from the Police Department, or the end of
‘Tensing’s employment with U.C., whether known or unknown, up through the date Tensing
signs this Agreement. The claims released by this Agreement include any and alf elaims, actions
and causes of action, suits, debts, liability, costs, expenses, demands whatsocver, in law oF in
‘equity, and any and all other damages which Tensing ever had, may now have, or may hereafter
have, whether known or unknown, against UC or its current and former officers, trustees,
directors, employees, agents, benefit plans, and related or affiliated entities, including, but not
limited to, claims arising out of tort or contract, or any constitutional violations that relate in any
‘way to Tensing’s employment with U.C,, his removal from the Police Department, or the end of
Tensing’s employment with U,C. Tensing promises that no lawsuit will be filed based on any
claims released by this Agreement, and that ‘Tensing will pay all attorneys? fees and court costs
incurred by any released party in defending against such lawsuit, along with any other
appropriate damages,
7) The FOP withdraws any and all grievances currently pending on behalf of Tensing
with prejudice and agrees not to file any future grievances on his behalf against U.C. once
‘Tensing receives the payment referenced in paragraph 5.
8) This Agreement shall be construed according to its fair meaning, and not strictly for or
against any of the Patties.SUNCIL, INC