Aggravating and Mitigating Factors

In an investigation into alleged inappropriate behaviour the first thing an investigator must establish is: did the alleged behaviour occur?  Once this has been established on the balance of probabilities, it then becomes a matter of determining the appropriate outcome.

If an investigator finds a teacher guilty of alleged inappropriate behaviour at the end of an investigation, the appropriate disciplinary response must then be determined. The analogy in a criminal context is where a Judge has some discretion with regard to sentencing, taking into account aggravating and/or mitigating factors.

Aggravating Factors

Evidence of aggravating factors that would merit a harsher consequence:

• Prior record of similar behaviour
• Use of a weapon
• The severity of the injuries suffered by a victim
• Vulnerability of the victim
• If the accused played a leadership role by influencing or controlling others

Mitigating Factors

Evidence of mitigating factors that would support leniency:

• Lack of prior complaints/investigations
• An exemplary career
• Minor role in the offence
• Culpability or contributory conduct of the victim
• Past circumstances, such as abuse that may have contributed to the behaviour
• Circumstances at the time of the offence, such as provocation, stress, or emotional problems that might not excuse the behaviour but might offer an explanation
• Mental or physical illness
• Genuine remorse
• Early admission or taking of responsibility
• Self-reporting

Ref: https://www.justia.com/criminal/aggravating-mitigating-factors/