1The Director of the School and full-time pedagogues commit a disciplinary misconduct, if they:
aact with negligence while performing professional duties as defined in paragraph 2 of this Article,
bdisregard the law or facts, caused by inexcusable gross and non-justified negligence or malice or blatant incompetence;
cperform any other unjustifiable behaviour or actions while performing their duties or duties assigned outside school, which discredit the institution or seriously damage the public confidence in the institution.
2The negligence in performing professional duties must be considered as a disciplinary misconduct only if the mistakes in delivering the service go clearly beyond what can normally be expected from an ordinary pedagogue. To determine the borders between performance issues, on the one hand, and disciplinary misconduct on the other hand, the following factors will be particularly taken into account:
aThe degree of negligence,
bThe frequency of occurrence of disadvantages / shortcomings;
cThe position within the system,
çThe probability and intensity of harm that comes from behaviour;
dSituations that are outside the control of the pedagogue and that can be reasonably explained by the malfunctioning of the system as a whole.
3In this Article, the reference to an action includes also the reference to omission.