EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS – No reason or Inconsistent Reasons Given; Shifting Justifications

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The Board declined charging party’s request to consider new evidence that his criminal conviction for sending threatening communications to school administrators had been set aside because the evidence in the record did not suggest that the District “exaggerated or otherwise mischaracterized [the facts that led to the criminal charges], thereby evidencing an unlawful motivation.” That a court later set aside the conviction thus is irrelevant to our inquiry. (p. 8, fn. 7.)