CASE PROCESSING PROCEDURES; LIMITATION PERIOD FOR FILING CHARGE – Statutory and Equitable Tolling

Single Topic for Decision 2359E

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Where the tolling issue is raised by the filing of a grievance, in satisfying its burden of proof on the statute of limitations defense, the respondent must prove that the charge was filed outside the six month limitations period and that the tolling exception does not apply; placing the burden on the respondent of proving that the statute of limitations is not subject to tolling is warranted given the respondent’s knowledge of the grievance and status as a participant in the grievance machinery.