CASE PROCESSING PROCEDURES; EVIDENCE – Burden of Proof; Weight of Evidence; Presumptions and Inferences; Affirmative Defenses
Single Topic for Decision 1246E
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1105.03000 – Burden of Proof; Weight of Evidence; Presumptions and Inferences; Affirmative Defenses
Mere fact that some allegations in letter of reprimand were later shown to be true is insufficient to rebut inference of unlawful motivation where District fails to demonstrate that it would have taken adverse action despite protected activity; p. 17, note 6.