Culpability

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The level of culpability is determined by weighing all the factors of the incident. Where there are characteristics present that 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.

A – High culpability



Targeting of an individual(s) by a group or targeting a member of staff


Racial/Discriminatory behaviour/language


Sustained incident


Use of substantial verbal abuse


Substantial disturbance


In a public place


Unprovoked



B – Medium culpability



Behaviour related to non-verbal or non–contact actions


Directed at a member of staff


Lesser role in group activity


Incident falling between category A or C



C – Lesser culpability



Indirect foul language


Not heard by the targeted member of staff or pupil (Second Hand)


Low-level disturbance


Pupil’s responsibility is substantially reduced by learning difficulties or personal circumstances


Involved through coercion, intimidation or exploitation


Provoked



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Harm

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Harm 1



Serious psychological harm and/or substantial impact upon victim


Verbal threat towards a member of staff



Harm 2



Indirect verbal threat towards a member of staff


Harm falling between categories 1 and 3 because:



Factors are present in 1 and 3 which balance each other out and/or


Harm falls between the factors described in 1and 3





Harm 3



Some level of physical injury or psychological harm with limited impact upon 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.

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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 previous offence




Verbal threat of harm to a member of staff


Threat of harm towards a victim through the Possession of a weapon


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 


Persistent 


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.