1. (a) Purpose. The purpose of these guidelines is to achieve the following objectives:

   1. (1) to provide a framework of analysis for the staff, the presiding ALJ, and the board in considering matters under this chapter;
   2. (2) to promote consistency in the exercise of sound discretion by the staff, the presiding ALJ, and the board in seeking, proposing, and making decisions under this chapter; and
   3. (3) to provide guidance for the informal resolution of potentially contested matters.
2. (b) Construction and application. This section shall be construed and applied so as to preserve board members' discretion in making final decisions under this chapter. This section shall be further construed and applied so as to be consistent with the Act, the rest of this chapter, and other applicable law, including board decisions and orders.

3. (c) The following factors may be considered in seeking, proposing, or making a decision under this chapter:

   1. (1) the type and severity of actual physical or mental harm to a student or to school personnel;
   2. (2) the severity of economic harm to a student, the parent(s) of a student, school personnel, a school official, school district, or the state, and the ability of the person causing the harm to make restitution;
   3. (3) premeditated or intentional misconduct;
   4. (4) misconduct;
   5. (5) motive;
   6. (6) attempted concealment of misconduct;
   7. (7) prior misconduct of a similar or related nature;
   8. (8) disciplinary or criminal history;
   9. (9) violation of a board order;
   10. (10) prior written reprimands, warnings, or admonishments from any governmental agency or official regarding misconduct or violation of laws pertaining to the educator;
   11. (11) likelihood of present harm or potential for continuing harm to students, parents of students, school personnel, or school or certification officials;
   12. (12) terms and status of probation, community supervision, community service, restitution, or other requirement or condition judicially imposed in connection with a criminal offense;

   13. (13) the likelihood of future misconduct of a similar or related nature as shown by:

       1. (A) lack of remorse;
       2. (B) failure to implement remedial measures to correct or alleviate harm arising from the misconduct; or
       3. (C) lack of rehabilitative motivation or potential; or
   14. (14) any other relevant circumstances or facts.

Source Note:The provisions of this §249.17 adopted to be effective March 31, 1999, 24 TexReg 2304.