Section 349.308 - Disciplinary Guidelines(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.37 Tex. Admin. Code § 349.308
The provisions of this §349.308 adopted to be effective January 1, 2011, 35 TexReg 10994