Oregon Administrative Rules
Chapter 265 - COMMISSION ON STATEWIDE LAW ENFORCEMENT STANDARDS OF CONDUCT AND DISCIPLINE
Division 10 - Discipline Standards for Misconduct
Section 265-010-0035 - Aggravating and Mitigating Factors
Universal Citation: OR Admin Rules 265-010-0035
Current through Register Vol. 63, No. 9, September 1, 2024
(1) Aggravating Factors:
(a) Prior disciplinary history.
(b) Delay in reporting.
(c) Intentional conduct.
(d) Significant impact upon the agency's
mission, reputation, or relationship with the community.
(e) Significant nature and extent of property
damage or harm.
(f) Efforts to
conceal or cover up conduct or behavior.
(g) Does not accept responsibility if
misconduct is undisputed.
(h)
Motivated by personal interest or gain.
(i) Failure to meet documented
expectations.
(j) Supervisory
position.
(k) Failed or declined to
attempt to de-escalate the encounter even though feasible to do so.
(l) Low probability or limited potential for
rehabilitation.
(m) The nature of
the event allowed time for deliberate reflection or action.
(n) Victim's vulnerability.
(o) The presence of training or experience
that is germane to the incident.
(2) Mitigating Factors:
(a) Positive employment history.
(b) Self-reported the violation.
(c) Unintentional conduct.
(d) Limited impact upon the agency's mission,
reputation, or relationship with the community.
(e) Limited nature and extent of property
damage or harm.
(f) Attempt to
ameliorate or correct the conduct or behavior.
(g) Promptly accepted
responsibility.
(h) Motivated by
public interest or wellbeing of others.
(i) No repeated or other sustained
misconduct.
(j) Role of the officer
(subordinate to supervisor on scene).
(k) Attempted to de-escalate the
encounter.
(l) Potential for
rehabilitation.
(m) The nature of
the event was unpredictable, volatile, or unfolded rapidly, not allowing time
for deliberate action.
(n)
Extraordinary circumstances or hardships that may be relevant.
(o) The lack of training or experience that
is germane to the incident.
Statutory/Other Authority: ORS 243.812
Statutes/Other Implemented: ORS 243.812
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