(1) Unprofessional conduct includes inappropriate digital communication with a student including, but not limited to: Cell phone, text messaging, email, instant messaging, blogging, or other social media or social network communication.

(2) Factors that may be considered in assessing whether the communication is inappropriate include, but are not limited to:

(a) The nature, purpose, timing, and amount of the communication;

(b) The subject matter of the communication;

(c) Whether the communication was made openly, or the educator attempted to conceal the communication;

(d) Whether the communication could be reasonably interpreted as soliciting sexual contact or a romantic relationship, was sexually explicit, or involved discussion of the sexual history, activities, or preferences of either the educator or the student.