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.

A – High Culpability

• Affecting the learning of others

• Racist/discriminatory behaviour/language

• Persistent/prolonged incident

• Behaviour directed at a member of staff

• Significant disturbance

• In a public place

B – Medium Culpability

• Behavior associated with non-verbal or non-verbal actions

• A reduced role in group activity

• An event that falls between category A or C

C – Lower Culpability

• Out of character

• The pupil's responsibility has been significantly reduced by learning difficulties or personal circumstances

• Participates by coercion, threat or exploitation

• Behaviour indirectly aimed at a member of staff

• Provoked

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Harm

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Harm 1

• Causing emotional or physical pain to others

• Incident directed at a member of staff causing serious physical and emotional harm

• Refusal to follow reasonable requests from staff

Harm 2

• Damage to the school's reputation while in school uniform

• Some consequential damage to reputation and mental well-being

• Some distress caused

• Other cases are between categories 1 and 3

Harm 3

• Minor consequential damage to reputation

• Minor physical and emotional harm

• Minor upset 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 account 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 that provide the context of the offence and factors relating to the offender.

 

State whether any combination of these or other relevant factors, should lead to an upward or downward adjustment of the starting point of the punitive action.

 

Increasing Severity Factors (Aggravating Factors)

• Previous offences, given the..

  • the nature of the offence and its relevance to this current offence; a

  • time elapsed since the previous offence is short

• Verbal threat of harm to a member of staff

• At school or while in school uniform

• Damage caused to the school's property or reputation as a result

• In the presence of others, especially younger children or the public

• Take a leading role in a large group

• Failure to comply with the school's previous sanctions such as detention

• Attempts to cover up or unwillingness to admit to the offence

• No remorse

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Factors that reduce the severity or reflect personal mitigation

• No previous similar offences or no relevant or recent offences

• Repentance

• Good character and/or exemplary behaviour

• An isolated incident

• Age and/or lack of maturity

• Learning difficulties

 

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

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Step 4 – Adjust the starting point and category range

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