Section 13 - Aggravating and Mitigating Factors(A) In General. Each disciplinary case involves unique facts and circumstances. In striving for fair disciplinary standards, the Board shall give consideration to specific professional misconduct and to the existence of aggravating or mitigating factors. In determining the appropriate sanction, the Board shall consider all relevant factors, precedent established by the Supreme Court of Ohio, and the aggravating and mitigating factors set forth in this section.(B)Aggravation. The following shall not control the discretion of the Board, but may be considered in favor of recommending a more severe sanction: (1) Prior disciplinary offenses;(2) A dishonest or selfish motive;(3) A pattern of misconduct;(5) A lack of cooperation in the disciplinary process;(6) The submission of false evidence, false statements, or other deceptive practices during the disciplinary process;(7) A refusal to acknowledge wrongful nature of conduct;(8) The vulnerability of and resulting harm to victims of the misconduct;(9) A failure to make restitution.(C) Mitigation. The following shall not control the discretion of the Board, but may be considered in favor of recommending a less severe sanction: (1) The absence of a prior disciplinary record;(2) The absence of a dishonest or selfish motive;(3) A timely, good faith effort to make restitution or to rectify consequences of misconduct;(4) Full and free disclosure to the Board or cooperative attitude toward proceedings;(5) Character or reputation;(6) Imposition of other penalties or sanctions;(7) Existence of a disorder when there has been all of the following: (a) A diagnosis of a disorder by a qualified health care professional or qualified chemical dependency professional;(b) A determination that the disorder contributed to cause the misconduct;(c) In the case of mental disorder, a sustained period of successful treatment or in the case of substance use disorder or nonsubstance-related disorder, a certification of successful completion of an approved treatment program;(d) A prognosis from a qualified health care professional or qualified chemical dependency professional that the attorney will be able to return to competent, ethical professional practice under specified conditions.(8) Other interim rehabilitation.(9) In the case of an elected or appointed judge, a voluntary resignation from judicial office prior to the commencement of the judge's disciplinary hearing before the Board.Amended September 9, 2020, effective 11/1/2020.