Culpability

The level of culpability or blame is worked out by looking at all the factors involved in the incident. If there are elements that point to different levels of blame, you should weigh these up carefully and give the most relevant ones the right amount of importance to reach a fair judgement about the person’s level of responsibility.

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A – High culpability

• A significant degree of planning or premeditation

• Victim vulnerable due to age, personal characteristics or circumstances

• Threat targeted towards a member of staff

• Use of a weapon or weapon equivalent

• Leading role in a group activity

• Prolonged/persistent assault

B – Medium culpability

• No weapon used

• Lesser role in group activity

• Incident falling between categories A and C

C – Lesser culpability

• No weapon used

• Excessive self-defence

• Impulsive/spontaneous and short-lived assault

• Received continuous bullying or verbal abuse

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Harm

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Harm 1

• Serious physical injury or serious psychological harm and/or substantial impact upon the victim

Harm 2​

• Harm falling between categories 1 and 3

Harm 3

• Some level of physical injury or psychological harm with limited impact on the victim

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Step 2 – Starting point and category range

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Having identified the level of culpability and harm decide on a starting point within the category range above. The starting point applies to all offenders irrespective of personal circumstances or previous exclusions. It is at the schools’ discretion how many exclusion days are served externally and internally within each category.

 

 

Step 3 – Take into consideration Aggravating and Mitigating factors

The school could consider any adjustment for any aggravating or mitigating factors. Below is a non-exhaustive list of additional factual elements providing the context of the offence and factors relating to the offender.

 

Identify whether any combination of these or other relevant factors should result in an upward or downward adjustment from the starting point of punitive action.

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Factors increasing seriousness (Aggravation Factors)

• Previous offences, having regard to the..

a) nature of an offence and its relevance to this current offence; and 

b) time elapsed since the previous offence

• Verbal threat of harm to a member of staff

• In school or while in school uniform

• In the presence of others, especially smaller children or the general public

• Taking a lead role in a large group

• Failure to comply with previous school sanctions

• Attempts to conceal or unwilling to admit to the offence 

 

Factors reducing seriousness or reflecting personal mitigation

• No previous similar offences or no relevant or recent offences

• Remorse

• Good character and/or exemplary conduct

• Isolated incident

• Age and/or lack of maturity

• Learning difficulties

• Family circumstances

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​Step 4 – Adjust the starting point and category range

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Having taken into consideration all aggravating and mitigating factors adjust the starting point as deemed best fit.

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Safeguarding issues should be considered separately and are not necessarily mitigating factors.