Culpability

The level of culpability is determined by weighing all the factors of the incident. Where there are characteristics present which fall under different levels of culpability, you should balance these characteristics giving appropriate weight to relevant factors to reach a fair assessment of the offender’s culpability.

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A – High culpability

• Actively involved in posting recorded event on social media

• Where offending is part of a group activity

• Sophisticated nature of offence/significant planning

• Significant use or threat of force

• Significant use of threatening behaviour

B – Medium culpability

• Some role in the planning

• Recklessness in nature 

• Posting comments to cause offence

• Other cases that fall between categories A and C

C – Lesser culpability

• Little or no planning; offence committed on impulse

• Recklessness as to whether some damage to reputation caused

• Sharing comments/footage of incident on social media

• Pupil’s responsibility substantially reduced by mental wellbeing or learning disability

• Involved through coercion, intimidation or exploitation

 

Harm

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Harm 1

• Serious consequential damage to reputation and mental wellbeing

• Offence racially or religiously aggravated

• Serious consequential damage to school reputation

• Offence motivated by, or demonstrating, hostility to the victim based on his or her sexual orientation (or presumed sexual orientation) or transgender identity (or presumed transgender identity)

• Offence motivated by, or demonstrating, hostility to the victim based on his or her disability (or presumed disability)

Harm 2

• Some consequential damage to reputation and mental wellbeing

• Some distressed caused

• Other cases that fall between Harm 1 and 3

Harm 3

• Minor consequential damage to reputation and mental wellbeing

• Serious consequential damage to school reputation

• Minor consequential damage to school reputation

• Minor distressed caused

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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.

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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.

Factors increasing seriousness (Aggravation 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.

 

• Other similar disregard of school rules in recent weeks have taken into consideration

• Previous similar incidents, having regard to 

1. the nature of any previous offence to which this incident related and its relevance to

2. the time that has elapsed since the last incident

• The extent of the offence reaching a police investigation but the victim unwilling to proceed with investigation/prosecution

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Factors reducing seriousness or reflecting personal mitigation

• No previous similar incidents or no relevant/recent incidents

• Remorse

• Good character and/or exemplary conduct

• Additional Learning Needs

• Family circumstances

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

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Step 4 – Adjust starting point and category range

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