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

• Sophisticated and/or planned nature of conduct

• Victim vulnerable due to age, personal characteristics or circumstances

• Allegation  serious in nature

• The allegation was directed at a member of staff

• Leading role in a group 

B – Medium culpability

• Behaviour related to non-verbal or non–contact actions

• Lesser role in group activity

• Factors are present in A and C which balance each other out and/or

• Incident falling between categories A and C

C – Lesser culpability

• Impulsive/spontaneous

• Unsophisticated nature of conduct

• The allegation was not serious in nature

• Involved through coercion/intimidation

• Provoked

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Harm

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Harm 1

• Serious consequences for an innocent party as a result of the offence

• Serious distress caused to an innocent party (for example impact on reputation)

Harm 2

• Suspicion cast upon an innocent party as a result of the offence

• Some distress caused to an innocent party​

Harm 3

• Limited distress caused to an innocent party

• Limited impact on the administration of justice

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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 offences, having regard to the..

  • nature of an offence and its relevance to this current offence; and 

  • time elapsed since the previous offence

• 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

• Offender involves others in the conduct

• Reputation of the school

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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

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.