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<br /> <br />00059814-1 <br /> 12 <br />D. A copy of all written materials, reports, or documents upon which the intended discipline is <br />based; <br />E. Notice of the employee’s right to respond to the Department Head regarding the charges <br />within five (5) calendar days from the date of the Notice, either by requesting an informal <br />conference (the “Skelly Conference”), or by providing a written response, or both; <br />F. Notice of the employee’s right to have a representative of his or hertheir choice at the Skelly <br />Conference, should he or shethey choose to respond orally; and <br />G. Notice that the failure to respond at the time specified shall constitute a waiver of the right to <br />respond prior to the imposition of discipline. <br /> <br />13.2.3 Employee’s Response and the Skelly Conference <br />A. If the employee requests a Skelly Conference to respond orally to the charge(s), the <br />conference will be scheduled within a reasonable time after the date of the Notice. The Skelly <br />Conference will be an informal meeting with the Department Head, at which the employee has <br />an opportunity to rebut the charges against him or herthem and present any mitigating <br />circumstances. The Department Head will consider the employee’s presentation before any <br />final disciplinary action. <br />B. The employee’s failure to make an oral response at the arranged conference time, or the <br />employee’s failure to cause his or hertheir written response to be delivered by the date and <br />time specified in the notice, constitutes a waiver of the employee’s right to respond prior to the <br />imposition of the discipline. In that case, the proposed disciplinary action will be imposed on <br />the date specified. <br /> <br />13.2.4 Final Notice of Discipline <br />After receipt of the employee’s timely written response or after the Skelly Conference, the <br />Department Head will; a) dismiss the notice of intent and take no disciplinary action against the <br />employee, b) modify the intended disciplinary action, or c) impose the intended disciplinary action. <br />In any event, the Department Head shall prepare and provide the employee with a notice that <br />contains the following: <br />A. The level of discipline, if any, to be imposed and the effective date of the discipline. <br />B. The specific charges upon which the discipline is based; <br />C. A summary of the facts upon which the charges are based; <br />D. A copy of all written materials, reports, or documents upon which the discipline is based; and <br />E. A statement of the nature of the employee’s right to appeal. <br /> <br />13.3 In the event an employee feels that the discharge, suspension, demotion or pay reduction is unjust, the <br />Association shall have the right to appeal the case through the procedure set forth in Article 21, Grievances. <br />Such grievances may only be appealed to the Appeals Board level of the grievance procedure as set forth in <br />Article 21.2.4 and may not be appealed to binding arbitration. <br />6.I. - Page 26 of 119 <br />440