Violation of Officer’s Rights. If the Department or any investigator, or any civilian granted access to the investigative process pursuant to this AGREEMENT violates any of the provisions of this Article or of Section 143.312 of the Texas Local Government Code while conducting an investigation, the violation may be considered by the Civil Service Commission or a Hearing Examiner in any disciplinary appeal hearing if the violation substantially impaired the Officer’s ability to defend against the allegations of misconduct.