Section 16 - Consent to Discipline(A) Content of Agreement. The relator and respondent may enter into a written agreement wherein the respondent admits to alleged misconduct and the relator and respondent agree upon a sanction, other than an indefinite suspension or disbarment, to be imposed for that misconduct. The written agreement may be entered into after a complaint is certified by the Board, but no later than ninety days after appointment of a hearing panel. The written agreement shall be signed by the respondent, respondent's counsel, if the respondent is represented by counsel, and relator, and shall include all of the following: (1) An admission by the respondent, conditioned upon acceptance of the agreement by the Board, that the respondent committed the misconduct listed in the agreement;(2) The sanction agreed upon by the relator and respondent for the misconduct admitted by the respondent and any case law that supports the agreed sanction;(3) Any aggravating and mitigating factors, including but not limited to those listed in Section 13, that are applicable to the misconduct and agreed sanction;(4) An affidavit of the respondent that includes all of the following statements: (a) That the respondent admits to having committed the misconduct listed in the agreement, that grounds exist for imposition of a sanction against the respondent for the misconduct, and that the agreement sets forth all grounds for discipline currently pending before the Board;(b) That the respondent admits to the truth of the material facts relevant to the misconduct listed in the agreement;(c) That the respondent agrees to the sanction to be recommended to the Board;(d) That the respondent's admissions and agreement are freely and voluntarily given, without coercion or duress, and that the respondent is fully aware of the implications of the admissions and agreement on respondent's ability to practice law in Ohio.(e) That the respondent understands that the Supreme Court of Ohio has the final authority to determine the appropriate sanction for the misconduct admitted by the respondent.(B) Exceptions. The relator and respondent shall not enter into a consent-to-discipline agreement if the respondent is either of the following: (2) A public official who engaged in misconduct while serving in an elected public office.(C) Filing and Consideration of the Agreement. The agreement shall be filed with the director of the Board and submitted to the hearing panel . The relator and respondent may file a brief in support of the agreement. The panel chair may order the relator and respondent to supplement the agreement with additional information or exhibits to facilitate the hearing panel's consideration of the agreement. If the hearing panel, by majority vote, recommends acceptance of the agreement and concurs in the agreed sanction, the matter shall be scheduled for consideration by the Board. If the agreement is not accepted by the hearing panel, the matter shall be set for hearing. (D) Board Consideration of the Agreement. If the agreement is submitted to the Board, the Board, by majority vote, may accept or reject the agreement. If the Board accepts the agreement, the agreement shall form the basis for the certified report submitted to the Supreme Court. If the Board rejects the agreement, the matter shall be returned to the hearing panel and set for a hearing.(E) Rejected Agreement Not Admissible. If the agreement is not accepted by the hearing panel, the Board, or the Supreme Court, the agreement shall not be admissible or otherwise used in subsequent disciplinary proceedings.Amended September 9, 2020, effective 11/1/2020.