(a) The purpose of these guidelines is to:
  (1) provide a framework for analysis by staff members, administrative law judges, and the Board in the making of recommendations in disciplinary matters;
  (2) promote consistency in the exercise of sound discretion by Board members in certification and disciplinary matters; and
  (3) provide guidance in the resolution of potentially contested matters.
(b) The following factors may be considered in seeking, proposing, or making a decision under this chapter:
  (1) the seriousness of the violation, which may include:
    (A) whether the conduct was in violation of a law;
    (B) the nature and extent of the harm caused; and/or
    (C) the frequency of and time period covered by the violation(s).
  (2) the nature of the violation, which may include:
    (A) the relationship between the certified officer and the person harmed;
    (B) the vulnerability of the person harmed; and/or
    (C) the culpability of the certified officer, such as whether the violation:
      (i) was intentional or premeditated;
      (ii) due to blatant disregard or gross neglect;
      (iii) resulted from simple error or negligence; and/or
      (iv) evidences lack of integrity, trustworthiness, or honesty.
    (D) the degree to which actions showed lack of good judgment.
  (3) the degree of personal accountability taken by the certified officer, which may include:
    (A) admission of wrongdoing and acceptance of responsibility;
    (B) showing appropriate remorse or concern;
    (C) efforts to ameliorate the harm or make restitution;
    (D) cooperation with an investigation or request for information; and/or
    (E) attempts to deny or conceal the misconduct or falsify documents.
  (4) Any other relevant factors, which may include:
    (A) the certified officer's record of training, length of service, position, job responsibilities, and performance history;
    (B) the presence or absence of prior or subsequent violations;
    (C) any other relevant circumstances, including aggravating or mitigating factors, such as environmental factors that may have contributed to the officer's actions;
    (D) disciplinary action taken in similar incidents;
    (E) disciplinary action taken by the employer and the employer's recommendation to the commission; and/or
    (F) any other matter justice may require.

Source Note: The provisions of this §349.308 adopted to be effective January 1, 2011, 35 TexReg 10994