Any assertion by an employer that a grievance was not timely filed is an affirmative defense, and the employer has the burden of proving such untimely filing by a preponderance of the evidence. Carroll v. Mingo County Bd. of Educ., Docket No. 98-29-396 (Feb. 3, 1999). Once the employer has demonstrated that a grievance has not been timely filed, the employee has the burden of demonstrating a proper basis to excuse her failure to file in a timely manner. Rose v. Raleigh County Bd. of Educ., Docket No. 2012-0188-RalED (Mar. 28, 2012). As required by W. Va. Code § 6C-23(c)(1), Respondent asserted a timeliness defense before level two in its post-hearing submission at level one and in its level one decision. The time period for filing a grievance ordinarily begins to run when the employee is “unequivocally notified of the decision being challenged.” Whalen v. Mason County Bd. of Educ., Docket No. 97-26-234 (Feb. 27, 1998). See Rose v. Raleigh County Bd. of Educ., 199 W. Va. 220, 483 S.E.2d 566 (1997); Naylor v. W. Va. Human Rights Comm’n, 180 W. Va. 634, 378 S.E.2d 843 (1989). In this matter, Grievant was clearly notified that she was being transferred out of an Assistant Principal position to a classroom teaching position on April 7, 2011. As this grievance was not filed until October 15, 2011, Respondent has demonstrated that the portion of the grievance challenging the termination of Grievant’s contract as an Assistant Principal and Grievant’s transfer to a classroom teaching position was not timely initiated. Grievant has also challenged certain actions of Respondent which took place

Grievant has also challenged certain actions of Respondent which took place following her transfer, including the filling of a position for a Supervisor of Curriculum and Instruction for Mount View High School at the beginning of the 2011-12 school