Unlike a jury trial, where all other prevous behaviors are off limits, what we judge is the question of remediation. Is this person likely to learn from it? Is this a piece of a string of behaviors, a bad thing? Is his/her attitude one of remorse, caution and self doubt, a good thing, or is it one of finding others to blame, a bad thing?
It is very possible that the safest pilot in the organization is the one who has just reached too far, gotten lightly singed, and is now all the more cautious and wise.
And also, there but for the grace of God go I......Flying is a series of interventions to correct mistakes, keeping them tiny, just at the threshold level.