Policy for Case Management
This policy and procedure address the school's handling of incidents where students' behavior has led to serious breaches of the school's rules, serious breaches of individuals' or groups' rights, or breaches of the law.
This policy and procedure do not address the school's general handling of challenges related to well-being, resulting from students' concerning conditions or behavior of a nature that can be addressed through ordinary educational efforts and correction. The school is, of course, aware of the obligation to also prevent, handle, and act on this type of challenge, including under the Education Environment Act, Chapter 1. In general, the school's desire is to create an environment where students thrive, are challenged, and develop, as well as to create a culture where students and parents can safely address negative interactions between students, which may develop into bullying or harassing behavior.
The School's Policy
Part of the school's vision is to educate young people to take the lead and take responsibility - for themselves, for each other, and for the community we are part of. Our community values are built on professionalism, engagement, and responsibility. With this also comes a shared responsibility to promote, create, and protect a safe learning environment - a safe place to be.
Herlufsholm School and Boarding School is a place where you not only live your school life but also your daily life. Therefore, special attention is required - and reaction when the children, young people, and adults who are the school observe or detect incidents that may be conducive to or lead to malaise in the individual or the community.
Herlufsholm School and Boarding School expect all actors in the school to comply with the law, respect individual rights, and adhere to the school's established rules. Herlufsholm School and Boarding School also expect all school actors to contribute to a culture where there is respect for laws, rules, and rights. This includes, among other things, an obligation for all school actors to react if they suspect, observe, or detect incidents that indicate the opposite.
The school's management and employees must promote a culture where respect for others' physical and mental well-being and respect for others' rights lead to all school actors naturally reacting and acting. The school works continuously to create the necessary knowledge base about rules and rights among the school's actors and works to clarify the options for reaction, including who to contact and under what conditions.
The school's management and employees individually and collectively have a special obligation and a very special responsibility to react and act on what may potentially pose a mental or physical risk or danger to individuals or the community.
What is considered serious incidents and serious unwanted behavior?
In its processes, the school pays attention to the importance of age, maturity, accountability, and intent, as well as to the fact that the rights of all parties must be respected. Here are examples of types of behavior or actions that are considered serious:
- Behavior and actions that, according to Danish law, are considered crimes against other persons.
- Participation in others' crimes against persons.
- Threatening behavior or actions towards other persons.
- Hostile, demeaning, or humiliating behavior or actions towards other persons.
- All forms of abuse and violence against other persons.
- Arbitrary, offensive, or illegal interference or attack on other persons' privacy, communication, and reputation, including arbitrary, offensive, or illegal interference in individuals' digital lives.
procedure
1) Stop the behavior or incident and provide assistance
The person or persons who observe or become aware of the unwanted behavior or incident are expected, as far as possible, to act or react immediately (or as soon as possible) to stop the behavior or incident.
It is expected that immediate care is taken of the person or persons who have been subjected to unwanted behavior or actions with a view to their physical and mental health. It must be determined whether the person or persons concerned urgently need support, for example, in the form of conversations with a guidance counselor, psychologist, or others.
2) Provide information
It is expected that the school's students, if they observe or become aware of unwanted behavior or actions, will as soon as possible contact a responsible adult. This applies to all unwanted behavior or actions, as the school's students are not expected to assess the seriousness of the behavior/actions in question.
The responsible adult must involve the management as soon as possible in cases of types of behavior or actions considered serious. In case of doubt, the responsible adult must also involve the management, who will then be responsible for handling the incident in question.
Direct contact can also be made with the management by students or others, including parents of students who have been made aware of, witnessed, or themselves been subjected to unwanted behavior or actions.
The school's management must take note of all inquiries regarding unwanted behavior or actions.
3) Create an overview and clarify the circumstances
The management must obtain information from the person or persons who may have been wronged in the case.
The management must also convene those suspected of unwanted behavior or actions and present them with the available information and receive their possible explanation. Attention must be paid to the rights of the suspects, the opportunity to express their own views, and the opportunity for an adviser.
If the persons involved are under 18 years of age, their parents or guardian must be contacted and informed as soon as possible.
Other involved parties may be involved in the clarification process where relevant.
The management must take notes and minutes of the conversations and meetings held with those involved.
4) Assess the nature of the case
In cases of types of behavior considered serious, the management is obligated to address these and make the necessary and proportionate decisions regarding the process.
If it involves violence, sexual abuse, or similar incidents that may initially be considered criminal, the management must consider and decide whether to file a police report. In its considerations, the management may involve the injured party and their parents if the individual is under 18 years of age. The management may also contact the local police authority for further advice.
As a general rule, a police report should be filed. However, there may be special circumstances in the case, such as consideration for the victim, which are revealed after closer dialogue with the individual, which prevents the school from filing a separate police report.
If the management or other employees become aware of an impending criminal offense, the police must be contacted for police action.
5) School support
If it involves types of behavior or actions considered serious, Herlufsholm offers guidance by a youth counselor and mentors, psychological assistance and crisis assistance, as well as the possibility of assistance and follow-up including confidential conversations at SUS by the school's well-being team.
In case of doubt about the understanding of this policy or its practical application in specific situations, contact the boarding school leader, rector, or vice rector. If necessary, it is possible to obtain emergency legal assistance via the management's hotline.
Other considerations
If the management intends to sanction one or more students with a termination of cooperation with the school (expulsion), this must be notified in writing to the student - or to the student's parents if the student is under 18 years of age. There must be an opportunity, with due notice, for the student - or their parents - to submit comments on the proposed sanction. Special attention is paid to children's right to express their views in cases that may have serious consequences for their lives, cf. Article 12 of the Convention on the Rights of the Child and rules on the expulsion of students, including rules pursuant to Section 4a of the Act on Private Schools and Private Primary Schools.
During a case process, the management may announce temporary measures to the parties involved, which are considered necessary for the well-being of individuals or general well-being. This could include, for example, temporary (short-term) suspension or specific guidelines for the student's access and movement on campus.
Confidentiality and respect for rights
In a case process, the school's management and any involved employees must be aware of the statutory duty of confidentiality and the considerations and rights of the injured party, as well as the considerations and rights of the person suspected of serious unwanted behavior or actions.
In practice, this means that the school's management and employees cannot openly discuss a possible case with outsiders, other students, parents, etc.
At the same time, the school's management has a special responsibility to take care of, for example, other students, classes, or parents, ensuring the necessary security and trust.
Identify relevant parties
Identifying relevant parties is crucial in handling a case effectively. The school's management holds a special responsibility to identify these parties and be mindful of their rights and needs in connection with a specific case.
An analysis and assessment must also be conducted, focusing on "necessary involvement," "appropriate involvement," and "inappropriate involvement." This assessment should consider parties' formal rights, actual needs, and perceived subjective needs. An evaluation of the parties' level of involvement in the specific case should also be made.
The school's management is always a participant. Examples of parties that can be identified, and whose rights, needs, and level of involvement should be assessed, include:
- The person who has committed the offense - or is suspected of committing the offense.
- The person who is the victim of unwanted, negative behavior or actions - or claims to be a victim of such.
- Witnesses or informants in the specific case.
- The involved persons' parents or guardians
- The involved persons' closest "adults" at the schol (class teacher, mentor)
- The involved persons' classmates
- The parents of the involved classes
- Other teachers and staff at the school
- The remedial level: doctor, healthcare professionals, psychologists
- The preventive/intervention level: SSP (school, social services, police), PPR (educational-psychological advisory service)
- The intervening level: social services, the police
- The school's own counselors
- The media
The school is a "party"
From a holistic perspective, the school is always seen as a "party" in a specific case. If situations arise where individuals or groups exhibit behavior that is considered a serious breach of Herlufsholm School and Boarding School's expectations, the school's management – in collaboration with the staff during or shortly after a case – must investigate the significance of the specific behavior or incident in relation to the school as a whole:
- Is what has happened a problem - or a potential problem - for everyone?
- Does it indicate something that could ahve been addressed?
- What concrete steps can be taken to prevent a similar situation from arising again?
- Who should take action?
- What are our goals?
- How do we determine if we have achieved what we set out to do?
If the school is not involved
All school actors naturally have the option of contacting public authorities, including filing a police report, without involving the school, if they suspect, observe, or detect incidents where students' behavior has led to breaches of the school's rules, breaches of individuals' or groups' rights, or breaches of the law.
A police report can be made via email to ssj@politi.dk. In urgent cases, the police can be contacted by phone at either telephone no. 112 or 114.