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SETTLEMENT AGREEMENT

Amy Donofrio (“Employee”), Duval County School Board (the “School

Board”), and Scott Schneider (“Schneider”) make the following settlement agreement
(this “Agreement”) with an effective date of August 3, 2021 (the “Effective Date”).

Recitals:

A. The School Board employed Employee as a teacher at Riverside High School

(formerly known as Robert E. Lee High School) from 2012 through June 30,
2021, at which time Employee’s annual contract expired without renewal.

B. Employee filed charges with the Equal Employment Opportunity Commission

(“EEOC”) dated September 24, 2019, and June 17, 2021, alleging that the
School Board retaliated against Employee and discriminated against Employee
based on race and sex (the “EEOC Charges”).

C. On March 24, 2021, the School Board initiated a disciplinary investigation into
allegations of the Employee’s alleged misconduct (the “Disciplinary
Investigation”).

D. On April 16, 2021, Employee filed a civil action in the United States District
Court, Middle District of Florida, alleging claims against the School Board and
Schneider under several statutes, including 42 U.S.C. §§ 1981, 1981a, and 1983,
Title VI, Title VII, and Fla. Stat. §§ 760 and 103.4505 (the “Civil Action”).

E. Employee, Schneider, and the School Board desire to resolve all pending issues
and settle all matters, including all claims, potential claims, and disputes
between Employee and the School Board or Schneider, including those arising
from or relating in any way to Employee’s employment with the School Board,
including the issues Employee alleged in or that relate to the Civil Action
and/or the EEOC Charges.

Therefore, Employee, the School Board, and Schneider agree as follows:

Section 1: Recitals. The foregoing Recitals are true and correct, and are
incorporated into this Agreement by reference.

Section 2: Separation of Employment. Employee acknowledges Employee’s

employment contract with the School Board expired on June 30, 2021, and was not
renewed. Employee agrees not to apply for reemployment by the School Board in the
future, and acknowledges that Employee will be ineligible for reemployment if
Employee applies for reemployment by the School Board.
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Section 3: Settlement Payment. Within ten days following the later of (a) the
School Board approval of this Agreement and (b) Employee’s execution and delivery
to the School Board of this Agreement, the School Board shall pay Employee $300,000
(the “Settlement Payment”), paid in three separate checks:

(i) $120,000, less taxes (W-2 for earnings related claims), payable to
Amy Donofrio;

(ii) $120,000, without withholdings (1099 general release classified as

“other income” for other claims alleged in the complaint), payable
to Amy Donofrio; and,

(iii) $60,000 for attorneys’ fees and costs (this payment shall be made
to Scott Wagner & Associates, P.A., Tax ID #65-1056212).

Other than withholdings due to the $120,000 reportable on Employee’s W-2,

Employee agrees that Employee, and not the School Board or Schneider, is solely
responsible for any potential tax liability arising from the payments described herein.
Employee shall indemnify the School Board and Schneider for any such tax liability.

Section 4: Mutual General Releases.

a. Release by Employee.

(i) Employee (on her behalf and on behalf of her heirs, personal
representatives, and any other person or entity who may be entitled to make a
claim on her behalf) fully and freely releases and discharges the School Board
and Schneider, together with their respective directors, officers, board members,
agents, employees, contractors, representatives, and attorneys, including
attorneys with the Office of General Counsel, from any and all claims, charges,
actions or causes of action of any kind or nature that Employee once had or
now has, whether such claims are now known or unknown, including any
claims arising from or relating to her employment with the School Board, the
Civil Action, and/or the EEOC Charges, including any claim for attorneys’ fees
and costs outside of Section 3 of this Agreement, and further including all
claims, known and unknown, asserted or unasserted, that Employee has or may
have, including but not limited to, for violation of:

• Title VII of the Civil Rights Act of 1964;

• Sections 1981 through 1988 of Title 42 of the United States Code;
• the Employee Retirement Income Security Act of 1974 (“ERISA”)
(except as modified below);
• the Americans with Disabilities Act of 1990;
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• the Family and Medical Leave Act (“FMLA”);

• the Workers Adjustment and Retraining Notification Act;
• the Fair Credit Reporting Act;
• the Family and Medical Leave Act;
• the Equal Pay Act;
• the Genetic Nondiscrimination Act of 2008;
• the Florida Civil Rights Act – Fla. Stat. § 760.01, et seq.;
• Florida’s Public-Sector Whistle-blower’s Act – Fla. Stat. §§ 112.3187 –
11231895;
• Florida’s Statutory Provision Regarding Retaliation/Discrimination for
Filing a Workers Compensation Claim – Fla. Stat. § 440.205;
• Florida’s Statutory Provision Regarding Wage Rate Discrimination
Based on Sex – Fla. Stat. § 448.07;
• the Florida Equal Pay Act – Fla. Stat. § 725.07;
• the Florida Omnibus AIDS Act – Fla. Stat. § 760.50;
• Florida’s Statutory Provisions Regarding Employment Discrimination
on the Basis of and Mandatory Screening or Testing for Sickle-Cell Trait
– Fla. Stat. §§ 448.075, 448.076;
• Florida’s Wage Payment Laws. – Fla. Stat. §§ 448.01 – 448.08; and
• Florida’s General Labor Regulations. – Fla. Stat., Chapter 448.

(ii) Nothing in this Agreement prohibits Employee from filing a

charge with or participating, testifying, or assisting in any investigation,
hearing, or other proceeding before any federal, state, or local government
agency. However, to the maximum extent permitted by law, Employee agrees
that if such an administrative or legal claim is or has been made (including the
EEOC Charges and any complaint submitted to the Office of the Inspector
General), Employee shall not be entitled to recover any individual monetary
relief or other individual remedies.

(iii) If any claim is not subject to release, to the extent permitted by

law, Employee waives any right or ability to be a class or collective action
representative or to otherwise participate in any putative or certified class,
collective or multi-party action or proceeding based on such a claim in
which the School Board, Schneider, or any other releasee identified in this
Agreement is a party.

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b. Release by the School Board and Schneider. In consideration of the

covenants and promises made in this Agreement, the School Board (on its behalf and
on behalf of any other person or entity who may be entitled to make a claim on its
behalf) and Schneider (on his behalf and on behalf of his heirs, personal
representatives, and any other person or entity who may be entitled to make a claim
on his behalf) fully and freely release and discharge Employee, together with
Employee’s agents, employees, contractors, representatives, and attorneys, from any
and all claims, charges, actions or causes of action of any kind or nature that the School
Board or Schneider (individually or collectively) once had or now have, whether such
claims are now known or unknown, including, but not limited to any claims arising
from or relating to Employee’s employment with the School Board, the Civil Action,
and/or the EEOC Charges, and including any claim for attorneys’ fees and costs.

Section 5: Dismissal of Action. Within five days following Employee’s receipt

of the Settlement Payment:

(i) the parties shall file a joint stipulation of dismissal of the Civil Action
with prejudice, with the parties to bear their respective attorneys’ fees and
costs except as otherwise provided in Section 3(iii);

(ii) Employee will request to withdraw all pending EEOC charges and Office
of the Inspector General (“OIG”) complaints; and

(iii) Employee will withdraw all pending public records requests to the School
Board made by Employee or on Employee’s behalf.

Section 6: Equity Complaint Form. The School Board has a pre-existing

complaint form (attached as Exhibit A) and a pre-existing investigation process, which
is similar to Lee County’s Equity Complaint Form. The School Board will add a
hyperlink to the complaint form on the Duval County School Board Office of Equity
and Inclusion website to increase visibility of the complaint form. The School Board
will continue to accept and investigate complaints the School Board receives,
regardless of whether the complaint is submitted on the attached form.

Section 7: Disciplinary Investigation.

a. The School Board will not conclude the Disciplinary Investigation,

which was incomplete at the time Employee’s employment with the School Board
expired without renewal.

b. The School Board acknowledges that no disciplinary recommendation

will be made by the Duval County Superintendent as a result of the incomplete
Disciplinary Investigation, and agrees that the School Board will add an annotation to
the Disciplinary Investigation file that says: “The School Board did not renew

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Employee’s contract prior to the completion of her investigation and therefore the
School Board did not recommend discipline for Employee.”

c. Employee acknowledges that the draft report from the Disciplinary

Investigation will become public record pursuant to Florida law, that the School Board
will notify the Florida Department of Education that Employee’s employment with
the School District expired without renewal during the pendency of an investigation,
and that the School Board will comply with requests for copies of the draft Disciplinary
Investigation report and any other statutory or administrative obligation the School
Board may have. The School Board will provide Employee a copy of the draft report
within 1 day following the Effective Date, and the parties will hold the draft report in
confidence for 10 days before providing or releasing to the public the draft report or its
contents, as required by Fla. Stat. § 1012.31(3)(a)(3). At any time, but no later than
ten days following the School Board’s delivery to Employee of the draft report from
the Disciplinary Investigation, Employee may submit to the School Board via email
to ACook@coj.net a written response that the School Board will include in the draft
investigatory report. Employee acknowledges and agrees that the School Board will
have no liability or responsibility for any action by Florida Department of Education,
including but not limited to actions arising from or relating to the Disciplinary
Investigation.

Section 8: Employee Personnel File. At any time, but no later than ten days
following the School Board’s delivery to Employee of the draft report from the
Disciplinary Investigation (see Section 7.c., above), Employee may submit to the
School Board via email to ACook@coj.net a response in writing to any information in
Employee’s Personnel File pursuant to Fla. Stat. § 1012.31(2)(d). That response will
be included in Employee’s Personnel File and, to the extent the statement responds to
the draft report from the Disciplinary Investigation, in that report. The School Board
will provide Employee a copy of the Personnel File within 1 day following the
Effective Date.

Section 9: Miscellaneous.

a. Employee acknowledges that this Agreement is not effective unless

approved by the School Board.

b. Other than the Settlement Payment, all wages, compensation, bonus

payments, accrued vacation, personal leave time, and all other compensation and
benefits of any kind, including all benefits otherwise available pursuant to School
Board policy or the Collective Bargaining Agreement, have been paid to or waived by
Employee, and no other sums of any kind are due by the School Board to Employee.
Employee does not waive any benefit provided by an entity other than the School
Board, such as ERISA, reemployment assistance (which the School Board will not
appeal), or COBRA, and agrees that the School Board shall have no liability regarding
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any such benefits (beyond the School Board’s obligations under the American Rescue
Plan, Sect. 9501). Notwithstanding the foregoing, Employee has or will be paid
$819.51 as accrued sick leave after Employee delivers to the School Board her exit
interview packet, returns all School Board property (including laptops, keys, tablets,
and ID badges), and verifies the return of all School Board property by completing the
exit checklist (see Exhibit B).

c. The School Board has advised Employee to consult with an attorney

about this Agreement. Employee has consulted with an attorney before executing this
Agreement. Employee has had adequate opportunity to read and understand this
Agreement.

d. Employee represents that the only charges or complaints Employee has

filed related to this Civil Action with a governmental or regulatory agency about the
School Board or Schneider are: (i) the EEOC Charges; and, (ii) a complaint to the
Office of the Inspector General for the City of Jacksonville.

e. This Agreement represents the entire agreement of the parties. There are
no oral promises, representations or agreements outside the express agreements set
forth in writing in this Agreement. This Agreement replaces all earlier contracts and
agreements between the parties.

f. This Agreement may not be amended, modified, or changed in any way

except by written document executed by each of the parties to this Agreement.

g. The parties agree that this Agreement shall not be construed for or against
any party because that party drafted all or part of this Agreement.

h. This Agreement shall be governed and construed under Florida law. The
venue for any dispute arising out of this Agreement shall be a court of competent
jurisdiction in Duval County, Florida.

i. Subject only to applicable requirements of Florida’s public records laws,

the parties and their counsel will maintain the terms of this Agreement in confidence
and agree not to make any public statement regarding the terms of this Agreement.

j. This Agreement is not an admission of liability by any of the parties to

this Agreement regarding any matter. The parties to the Agreement deny any liability
for any of the matters released. The sole purpose of this Agreement is to settle the
disputes relating to the Civil Action, the EEOC Charges, and Employee’s employment
with the School Board.

Section 10: Severability. In the event a court of competent jurisdiction

determines that any part or provision of this Agreement is unenforceable, all remaining

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provisions and parts of this Agreement shall remain in full force and effect and shall
be fully enforceable.

Section 11: Waiver of Jury Trial. TO THE EXTENT ALLOWABLE BY

LAW, THE PARTIES TO THIS AGREEMENT KNOWINGLY,
VOLUNTARILY, AND INTENTIONALLY WAIVE THE RIGHT TO A TRIAL
BY JURY IN RESPECT TO ANY LITIGATION BASED ON THIS
AGREEMENT OR ARISING OUT OF, UNDER OR IN CONNECTION WITH
THIS AGREEMENT OR EMPLOYEE’S EMPLOYMENT WITH THE SCHOOL
BOARD. THIS PROVISION IS A MATERIAL INDUCEMENT FOR THE
PARTIES TO ENTER INTO THIS AGREEMENT.

[Signatures on following pages.]

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Amy Donofno
DocuSjgned by:

Date."
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Duval County School Board

By:_
Elizabeth Andersen
Title:_
8/4/2021 | 12:38 PM EDT
Date:

Scott Schneider

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01113267.2
 Internal Complaint Form
Please return this form to:
Office of Equity and Inclusion/Professional Standards
Office of Equity and Inclusion/Professional Standards
Phone: 904-390-2181
1701 Prudential Drive
Fax: 904-390-2468
Jacksonville, FL 3207

Today’s
Name Date

Address Phone
City, State, ZIP
Code
Department: ____________________________________________ Your Position: _______________________________

Supervisor/Principal: ______________________________________________

I hereby charge _________________________________________ [Respondent(s)] as indicated below within the meaning

of provisions of Titles VI and VII of the Civil Rights Act of 1964 and subsequent amendments, Title IX of the Education
Amendments of 1973, the Americans with Disabilities Act of 1990, the Florida Human Relations Act of 1977 and the Florida
Educational Equity Act of 1984.

Nature and Basis of Complaint:

 Discrimination  Harassment  Sexual Harassment
□ Gender □ Gender
□ Age □ Age  Retaliation
□ Race/Color □ Race/Color
□ National Origin □ National Origin
□ Religion □ Religion
□ Marital Status □ Marital Status
□ Disability □ Disability
□ Sexual Orientation □ Sexual Orientation
 Bullying
Bullying is prohibited under school board policies (see Chapter 10.10). If the Complainant believes she/he is being bullied on the basis of
her/his membership in a category listed above (i.e., gender, age, race, etc.), this box should be checked.

Additional Information (please include names of witnesses and any available documentation)
_______
_______
_______
_______
_______
_______
____________________________________________________________________________________

___________________________________________ _____________________________________________
Signature Please type or print name

Please note that intimidation, threats, coercion or retaliation are strictly prohibited against anyone who asserts a right protected by civil
rights laws. Anyone who believes she/he has been intimidated or retaliated against as a result of filing a complaint or being involved in
any way with an investigation conducted by the Equity Office, can file a separate complaint with this office.

Exhibit A
 EXIT INTERVIEW INSTRUCTIONS
Duval County Public Schools considers its employees to be its most valuable resource. As a result, the School
District is committed to identifying and implementing strategies that will allow for the retention of a highly
competent workforce. The use of Exit Interviews as a tool for gathering information regarding the experience
of employees leaving the district is critical in the development and implementation of recruitment and
retention strategies.

In order to facilitate the collection of information, the District has developed an exit interview form and
process to be used by all District/School employees.

I. When to use Exit Packet:

All full time employees separating from the District

II. Documentation to be completed:

Letter of Resignation Exit Interview and Leave Employee Separation Checklist

Disposition Form
Employee’s official notification of Exit Interview Questionnaire and Verification of the return of
separation of employment leave pay-out authorization district property. This document
is completed by the employee and
identified departments.
Note: Employees can request the Disposition of Sick/Annual Leave using the Exit Interview Form.
DCPS policy provides leave payout for unused sick/annual leave at termination, resignation or
retirement. Employees must submit this form within 30 days of the date of separation to receive a
payout of any sick/annual leave for which they may be entitled. Terminal pay for the final salary
payment and leave pay are withheld until both the Exit Interview and Exit Separation forms are
received by Human Resources.
III. Submission of Resignation and Separation Documents:
Human Resources Department – Staffing to: 1701 Prudential Drive – Attn: Human Resources 1st Floor,
Jacksonville, Florida 32207 or Fax to (904) 390-2292.

IV. Complete the Electronic Interview Survey Link below:

https://dcps.qualtrics.com/jfe/form/SV_do6oPFbvADLK7qd
Thank you for your service to the District. Exit interview data from all departing employees is combined and
presented to senior management in a summary report.
We appreciate your willingness to participate in the interview.
Sincerely,
Victoria Schultz
Assistant Superintendent, Human Resource Services

Revised 7/21/19

Exhibit B
 Employee Separation Checklist
The purpose of this checklist is to assist DCPS employees and departments with an exit process when an employee separates employment with the
district. Employees leaving the district must be aware of pertinent information, rights and benefits that may affect them at separation. The
employee and responsible department must complete below tasks and sign where appropriate prior to separation.
EMPLOYEE’S FULL NAME EMPLOYEE PIN
DEPARTMENT/
LAST WORKING DAY
SCHOOL NAME/#

Employee should sign/obtain signatures at the school/dept. site for Tasks 1-4 before submission to Human Resource Services for Tasks 5-7:
TASK AREA RESPONSIBLE SIGNATURE/TRACKING

1. Have you tested or proctored a Career and Technical Education

(CTE) industry certification exam? Yes___ No ___ N/A_____ EMPLOYEE
_________________________
If Yes above, sign verifying that the vendor results were EMPLOYEE SIGNATURE
submitted to the CTE Office.
2. Employee submits resignation or Principal submits termination or
Employee Benefits processes retirement.
School/Department _________________________
Principal/Supervisor submits copy of letter to HR within 2 days of receipt. ADMIN SIGNATURE
Principal/Supervisor returns District ID badge to HR
3. Return all DCPS property to the School/Dept. contact: _________________________
Laptops Tablets School/Department
*(See Note Below) ADMIN SIGNATURE
Keys Radios
P-Card School ID badge Laptop Asset Number
Other ________________________________________ (If Issued)
Return District ID badge to HR or Assigned School.
Property not returned:_____________________________ IT Equipment Returned to
__________________________________________________ Schultz Ctr/Technology
WITS TRACKING NUMBER
4. Remove employee from authorized signature list(s). School/Department
_________________________
ADMIN SIGNATURE
EMPLOYEE BENEFITS: Provided you’ve made the necessary contributions, your group health plans and flexible benefits
will continue until the last day of the month in which termination occurs, unless you separate on the last work day of the
month, then your benefits will continue to the end of the following month. If you have completed your contract year, your
benefits will continue until August 31st. You will receive a COBRA notice allowing you the opportunity to continue your group
health and life insurance benefit coverage after the end of the month of your termination. Contact Employee Benefits at 904-
390-2351 if you have any questions.
TASK DEPT RESPONSIBLE SIGNATURE
5. Complete Employee Exit Questionnaire/Disposition of Sick Leave
and submit to Human Resource Services along with the
Separation Checklist: http://www.duvalschools.org/Page/5722 HR
*(See Note Below)
6. Update Permanent/Mailing Address via ESS or by contacting
HR
Human Resource Services.
7. Notify Payroll Services that final paycheck (and/or leave payout)
HR
may be mailed.

*NOTE: I UNDERSTAND THAT FAILURE TO RETURN ALL DCPS PROPERTY AND SUBMIT THIS FORM TO HUMAN RESOURCES
PRIOR TO MY SEPARATION FROM THE DISTRICT, MAY RESULT IN A DELAY IN THE PROCESSING OF MY FINAL PAYCHECK AND
ANY LEAVE PAYOUT. ADDITIONALLY, SHOULD I INCUR AN OVERPAYMENT (CLAIM) WITH THE DISTRICT AFTER SEPARATION, I
WILL BE RESPONSIBLE FOR REPAYMENT OF THE CLAIM BEFORE BEING CONSIDERED FOR REHIRE BY DCPS.

PERSONAL
EMAIL
EMPLOYEE SIGNATURE DATE
Completed form must be returned to Human Resources, 1701 Prudential Drive, 1st Floor Fax: 390-2292
Revised 7/21/19
For HR Use Only: _________________ HR TECH __________ TERM KEY DATE
 Exit Interview Questionnaire and Leave Disposition Form
Please submit to HR, 1st floor, 1701 Prudential Drive: Fax: 390-2292

Employee Name: _________________________________PN#: ___________________ School/#/Dept.: ___________________________________

Personal Email Address: _________________________________________ Separation Date (will be verified by HR): _________________________

Home Address: ________________________________________________ Home/Cell Phone Number: __________________________________

Would you be interested in an Exit Interview? Please indicate method: ☐ In Person ☐ Email ☐

If you have been involuntarily terminated, please skip to Notification of Separation of Rights
 Reason for Separation (Indicate the SINGLE most important reason contributing to your separation by selecting ONE of these
reasons):
_____Employment in Education in FL _____Entrepreneurship _____Lack of advancement opportunity
_____Employment in Education outside FL _____Maternity/Parenthood _____Dissatisfaction with Supervisor
_____Employment outside of Education _____Illness of Family Member _____Dislike/Unsuitable assigned duties
_____Continuing Education _____Personal Illness/Disabled _____Inadequate Benefits
_____Spouse Transferred _____Resigned during Probation _____Stress on Job
_____Relocation _____Inadequate Support
_____Military _____Inadequate Salary

 Notification of Separation of Rights

Provided you’ve made the necessary contributions, your health group plans and flexible benefits will continue until the last day of the month in
which termination occurs, unless you separate on the last work day of the month, in which case your benefits will continue to the end of the
following month. If you have completed our contract year, your benefits will continue through August 31. You will receive a COBRA notice allowing
you the opportunity to continue your group health and life insurance benefit coverage after the end of the month of your termination.

 Disposition of Sick/Annual Leave

DCPS policy provides terminal leave pay for unused sick leave at termination, resignation, or retirement. Employees must submit this form within
30 days of the date of separation to receive a payout of any sick leave for which they may be entitled.

I DECLARE THIS AN OFFICIAL NOTICE OF SEPARATION FROM SCHOOL DISTRICT EMPLOYMENT AND LEAVE DISPOSITION AS SET FORTH BELOW:
(CHOOSE ONE)

_____I declare this as an official notice of separation from school district employment and request that my unused sick leave balance remain on
deposit. I acknowledge (1) that these days will not be available as sick leave until I return to full-time employment or am employed by another
Florida county which permits sick leave to be transferred into that county: (2) that these days will not be eligible for terminal sick leave pay should I
return to employment with Duval County, but may only be used as sick leave when all leave earned after my most recent date of employment is
used.

_____I declare this an official notice of separation from school district employment and request payment of my terminal leave pay in accordance
with School Board policy. I understand that my sick leave balance will be reduced to zero hours remaining.

_____I declare this an official request for my unused sick leave to be transferred to another Florida public school district/or public Florida
University per their policy. Please complete the “Request for Transfer of Accumulated Sick Leave Balance” form found at the following link:
https://dcps.duvalschools.org/Page/10234. Return completed form to the DCPS Payroll Department for processing.

ADMINSTRATIVE/12 MONTH Only:

_____I declare this is an official request for payout of my ANNUAL LEAVE

************************************************************************************************************************
_________________________________________________ __________________________
EMPLOYEE SIGNATURE DATE

OFFICE USE ONLY:

HR Staffing Process Date _____________________ By _________________ Hours Accrued ______________________ % of Hourly Rate ________________
HR Employee Support Process Date _____________ By ________________ ** Hourly Rate of Pay _________________
Duval Years of Service ________________________ Amount Paid ______________________
Process Date ______________________ By ___________________________
FOR HR/PAYROLL USE ONLY:
Total Years of Service for all Public School Districts: ______________________ ** Hours cancelled by above payment ________ (Hourly rate of pay at time of
Last leave accrued)

Revised 7/21/19