I sued and they tried to settle. I am trying to upload a copy of the settlement. This school is a fraud and they have been exposed. There is a class action being started send your information to
[email protected] make sure you have evidence of what you were told like emails. Go to help.devry.edu to print them.
Obviously they lied and dont want me to help other students this is why they wanted to settle out of court.
Here is a copy of the settlement documents.
SETTLEMENT AGREEMENT AND GENERAL RELEASE
This Settlement Agreement and Release (the “Agreement”) is entered into between DeVry University, Inc. (“DeVry”), and Plaintiff
Incorporation of Recitals. The recitals set forth in the Background section above are incorporated in the body of this Agreement as if fully set forth herein.
2. Monetary Consideration. Upon the later of (a) receipt of this Agreement signed by all parties and (b) notice that Plaintiff has dismissed the Complaint with prejudice, DeVry shall forgive the outstanding balance on Plaintiff's account with DeVry and shall not seek payment of the outstanding balance on this account from Ellis; provided that if Plaintiff ever re-enrolls at DeVry or another institution owned or operated by DeVry Inc., the balance on his account resulting from Plaintiff's attendance at DeVry at any time prior to his execution of this Agreement shall become immediately due and payable.
3. As an element of, and in order to induce DeVry to enter into, this settlement, Plaintiff and his heirs, representatives and assigns, do hereby absolutely and unconditionally forever release, discharge and acquit DeVry and its parents, subsidiaries, affiliates, officers, directors, partners, members, stockholders, employees, agents, attorneys, successors and assigns, of and from any and all claims, demands, obligations, liabilities, indebtedness, breaches of contract, breaches of duty or any relationship, acts, omissions, misfeasance, malfeasance, cause or causes of action, debts, sums of money, accounts, compensation, contracts, controversies, promises, damages, costs, losses and expenses, of every type, kind, nature, description or character, and irrespective of how, why, or by reason of what facts, whether heretofore or now existing, of whatever kind or name, whether known or unknown, suspected or unsuspected, liquidated or unliquidated, arising from any time leading up to and including the date which this Agreement is signed by him; provided however, that Plaintiff does not release and expressly preserves the right to enforce his rights under this Agreement and to compel performance and satisfaction by DeVry of its obligations hereunder.
4. No Admission of Liability. The execution of this Agreement shall not be deemed or construed as an admission of liability by DeVry, and DeVry expressly denies liability of any nature whatsoever arising from or related to the subject of the Agreement.
5. Confidentiality; Public Statements. The parties agree that both the existence of the Agreement and the terms contained in this Agreement are confidential and shall not be disclosed to any third parties, except that the parties may disclose the foregoing (a) to the extent required by legal process, court order, or applicable law, rule or regulation, (b) to their respective attorneys, accountants, auditors or financial advisors, and boards of directors, and to governmental bodies to the extent necessary to comply with any applicable tax or financial reporting laws, rules or regulations, and (c) in the event of a breach to allow the non-breaching party to enforce his, her, or its rights under the Agreement in the courts in the Chicago metropolitan area. In the event of any inquiries by any third party concerning the status or resolution of the Complaint, no information shall be disclosed other than that such matters have been “resolved.”
6. Non-Disparagement. Plaintiff agrees to refrain from any communications with third parties, written or oral, that could reasonably be considered to constitute disparagement of DeVry.
7. Non-Cooperation and Non-Solicitation. Plaintiff agrees that he will not assist any attorneys or their clients in the presentation or prosecution of any disputes, differences, grievances, claims, charges, or complaints by any third party against DeVry, unless compelled by lawful subpoena or court order. Plaintiff further agrees that he will not solicit or encourage any third party to present or prosecute any disputes, differences, grievances, claims, charges, or complaints against DeVry.
8. Understanding of the Parties. (a) This Agreement constitutes the entire understanding between the parties and supercedes all prior agreements, agreements in principle, and written or oral communications with respect to the resolution of the Complaint. (b) This Agreement may not be modified, amended or terminated, except by a written agreement which is signed by each of the parties hereto. (c) Each party represents and warrants (i) that he or it has had the opportunity to obtain independent advice from counsel of its choosing in negotiations for and the execution of the Agreement, (ii) that he or it has read the Agreement or have had the same read to them by his or its counsel, and (iii) that he or it is fully aware of its contents and legal effect.
9. Authority. Each person executing this Agreement represents and warrants that such person is lawfully authorized and empowered to execute the same as an individual or on behalf of the entity on whose behalf such person is signing, and that upon such execution this Agreement will be binding on such entity without any further approval, ratification, or other action.
10. Binding on Successors and Assigns. Neither this Agreement nor any interest hereunder may be assigned by any party without the prior written consent of all other parties to this Agreement. This Agreement shall be binding upon the parties and their respective successors, permitted assigns, heirs, and executors notwithstanding any reorganization, merger, or consolidation of any party hereto.
11. Severability. The parties agree that, if any term or provision of this Agreement is found to be invalid or unenforceable for any reason, then the invalid or unenforceable term or provision shall be severed so as to make the Agreement enforceable to the fullest extent permissible under applicable law.
12. Further Assurances. The parties agree to execute any additional documents to do all other acts reasonably required to effect the intent and purposes of this Agreement. 13. Applicable Law. This Agreement shall be governed and construed in accordance with the laws of the State of Illinois, irrespective of its conflict of law rules.
14. Headings. The paragraph headings contained herein are for convenience only and are not intended to add or subtract from the text hereof.
15. No Third Party Beneficiaries. Nothing contained herein is intended to confer any rights on any person or entity other than the parties hereto. No third party beneficiary rights shall be conferred on any party by virtue of this Agreement or any term or provision hereof.
16. Counterparts. This Agreement may be executed in more than one counterpart, each of which shall be deemed to be an original and all of which, taken together, shall constitute one agreement binding on all parties.
17. Court Jurisdiction. The parties agree that in the event of a breach of this Agreement, the party seeking enforcement shall be entitled to specific performance in a court in the metropolitan area of Chicago, Illinois and the prevailing party shall be entitled to an award of its costs and attorney fees in connection with such application. The parties submit to the jurisdiction of the courts in the metropolitan area of Chicago, Illinois, to resolve any disputes arising from, or relating to, this Agreement.
18. Agreement as Evidence. Nothing in this Agreement shall prohibit a party from offering the Agreement as evidence in a legal, administrative, or quasi-judicial proceeding involving a claim released herein.
19. This Agreement shall be construed as a whole and not for or against any party.
20. Any notice desired or required to be given hereunder shall, unless otherwise specified, be sufficient if in writing and personally delivered or sent by certified mail, return receipt requested, as follows:
If to DeVry, to:
Laura Sitarski
DeVry Inc.
3005 Highland Parkway, 7th floor
Downers Grove, IL 60515-5799
or to such other address as the addressee may specify in a notice fully given to the sender as provided herein.
AGREED AND ACCEPTED.
Dated:
DEVRY UNIVERSITY, INC.
By: ____________________
Name: ____________________
Title: _____________________