(1)  A licensed staff member commits a violation of 20-4-110, MCA, if, after signing a binding contract of employment with a Montana school district, the licensed staff member substantially and materially breaches such contract without good cause.

(2)  "Good cause" shall be determined by the board on a case-by-case basis.  The following are examples of good cause:

(a)  substantial hardship to the licensed staff member's family due to a change in employment of the spouse of the licensed staff member that necessitates a move;

(b)  illness of a family member of the licensed staff member that necessitates a move for purposes of providing for, caring for, or tending to the ill family member; or

(c)  intolerable working conditions, judged on the same basis as constructive discharge under Montana law.

(3)  Licensed staff members violating 20-4-110(1)(g), MCA shall be penalized according to the following guidelines:

(a)  a first violation committed not more than 30 calendar days prior to the beginning of the school year may result in a sanction not to exceed placement of a letter of reprimand in the licensed staff member's public record licensure file;

(b)  a first violation committed on or after school starts shall result in a sanction ranging from placement of a letter of reprimand in the licensed staff member's public record licensure file to temporary suspension of the licensed staff member's license for not more than 30 days; and

(c)  a second or subsequent violation shall result in a sanction ranging from a temporary suspension of the licensed staff member's license to revocation of the license.

(4)  In considering the sanction, if any, to impose for a violation, the board will consider the following:

(a)  the length of prior notice, if any, provided to the employing board by the licensed staff member;

(b)  the arrangements made and resources provided by the licensed staff member to ensure continuing instruction to pupils;

(c)  the difficulties faced by the employing district in recruiting a suitable replacement;

(d)  the impact of the licensed staff member's breach of contract on the district's compliance with accreditation standards; and

(e)  other hardships suffered by the employing district as a result of the licensed staff member's breach of contract.

(5)  This rule provides guidelines only and shall not be construed to either require or to prohibit the board from exercising its discretion in overseeing discipline of license holders.