Factors in Determining Sanction(s) Sample Clauses

Factors in Determining Sanction(s). The Grievance Panel (or Grievance Appeal Panel) will take into account the factors listed below when determining which sanction(s) to apply. The presence of factors listed on the left will argue for a less severe or onerous sanction, while the presence of factors listed on the right will argue for a more severe or onerous sanction. It is expected that there will be a mix of “left” and “right” factors present in most grievances, in which case the more “right” factors that are present would result in a progressively more onerous sanctions (and vice versa). Factors Weighing in Favor of Less Onerous Sanctions Examples: Corrective action plan with monitoring; or temporary individual restrictions Factors Weighing in Favor of More Onerous Sanctions Examples: temporary institutional restrictions; permanent individual or institutional restrictions Mistake, simple negligence, good xxxxx Xxxxx misconduct, intentional, bad faith Respondent had no prior actual or imputed knowledge of the problem Respondent knew or should have known of the problem If there was prior knowledge, Respondent took good faith steps to correct it If the Respondent knew of the problem, it did not take good faith steps to correct it No or minimal history of similar problems History of similar problems in the institution and/or Respondent did not take reasonable actions to address them or comply with prior sanctions Conduct not egregious or substantially outside the norm of local community practice Conduct was illegal or for personal or organizational gain Reasonable measures were in place to prevent this type of problem, even if those measures did not work in this case (e.g., training or monitoring) Reasonable measures to prevent this type of problem were not in place Behavior was caused by an individual, not the institution Conduct resulted from institutional or systemic problems (such as lack of adequate training, poorly designed workflows, lack of cooperation with other users’ monitoring activities or failure to remedy prior violations) Respondent cooperated in good faith with Complainant’s attempt to resolve/correct the concern Respondent ignored or did not provide reasonable cooperation with Complainant’s attempt to resolve/correct the concern It is reasonably likely that, given a less restrictive sanction, Respondent will be able to fix the problem Unlikely that less onerous sanction would prevent similar problems in the future No indication that issue has resulted in harm to the Care Ever...