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

• Deliberate and repeated use of a mobile phone during prohibited times

• Encouraging other students to break the phone ban

• Use of phone to facilitate bullying or harassment

• Filming or taking photos of others without consent

• Ignoring multiple warnings from staff

• Use of phone in areas where privacy is expected, e.g., toilets

B – Medium culpability

• Occasional use of mobile phone during prohibited times despite warnings

• Passive role in a group where phones are used inappropriately

• Use of phone for non-disruptive activities, e.g., listening to music discreetly

• An event that falls between Category A - C

C – Lesser culpability

• Accidental or infrequent use of mobile phone

• Use of phone due to perceived emergency or urgent personal reasons

• Involved through peer pressure

• Not turning off the phone after a reminder from staff

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Harm

Harm 1

• Substantial disruption to the learning environment

• Serious invasion of privacy or misuse of images/videos

• Psychological harm to victims of bullying or harassment

• Compromise of school security or safety

Harm 2

• Moderate disruption to the learning environment

• Indirect invasion of privacy

• Temporary psychological distress

Harm 3

• Minor disruption with limited impact

• No significant invasion of privacy

• No lasting psychological impact

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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)

 

• Previous incidents of similar behaviour

• Attempts to conceal or lie about the phone use

• Refuse to surrender phone

• Disruption caused to multiple classes or events

• Lack of remorse or refusal to comply with staff instructions

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Factors reducing seriousness or reflecting personal mitigation

• First-time offence

• Immediate compliance and cooperation when caught

• Genuine emergency or urgent need for phone use

• Proactive steps taken by the student to rectify the situation

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