Bullying/Harassment
General Laws Chapter 71 (2010) defines bullying as “the repeated use by one or more students of a written, verbal or electronic expression or a physical act or gesture or any combination thereof, directed at a victim that: (i) causes physical or emotional harm to the victim or damage to the victim’s property; (ii) places the victim in reasonable fear of harm to himself or of damage to his property; (iii) creates a hostile environment at school for the victim; (iv) infringes on the rights of the victim at school; or (v) materially and substantially disrupts the education process or the orderly operation of a school.” The statute prohibits bullying on school grounds, property immediately adjacent to school grounds, at a school-sponsored or school-related activity, function or program whether on or off school grounds, at a school bus stop, on a school bus or other vehicle owned, leased or used by a school district or school or through the use of technology or an electronic device owned, leased or used by a school district or school. In addition, it prohibits bullying at a location, activity, function or program that is not school-related, or through the use of technology or an electronic device that is not owned, leased or used by a school district or school, if the bullying creates a hostile environment at school for the victim, infringes on the rights of the victim at school or materially and substantially disrupts the education process or the orderly operation of a school. It also prohibits retaliation against those reporting or providing information about bullying incidents.
General Law 71 (2010) requires each school district, charter school, non-public school, approved private day or residential school and collaborative school to develop, adhere to and update a plan to address bullying prevention and intervention in consultation with teachers, school staff, professional support personnel, school volunteers, administrators, community representatives, local law enforcement agencies, students, parents and guardians. The plan must be updated at least biennially. Requirements of the plan are outlined in the statute. The Department of Education developed the Model Bullying Prevention and Intervention Plan (2010) as guidance for the districts. Each school district must annually provide written notice of the relevant student-related sections of the plan to students and parents, and the entire written plan to staff. The plan must also be posted on the website of each school district or school. Each school principal or the person who holds a comparable position shall be responsible for the implementation and oversight of the plan at his school. Staff are required to immediately report any instances of bullying or retaliation they have witnessed or become aware of to the principal or named school official in charge of the plan. Additional requirements upon report of an incident are outlined in the statute. Further, the statute includes guidance for bullying incidents involving students from multiple districts and students who have graduated but are still under age 21. The statute requires the Department of Education to periodically review school districts, charter schools, approved private day or residential schools and collaborative schools to determine whether the districts and schools are in compliance with this act.
General Law 71B Chapter 3 (2010) requires that whenever the evaluation of the IEP team indicates that a child has a disability that affects social skills development or that the child is vulnerable to bullying, harassment or teasing because of the child’s disability, the IEP shall address the skills and proficiencies needed to avoid and respond to bullying, harassment or teasing.
Chapter 265 Section 43 of the General Laws states that whoever willfully and maliciously engages in a knowing pattern of conduct or series of acts over a period of time directed at a specific person which seriously alarms or annoys that person and would cause a reasonable person to suffer substantial emotional distress, and (2) makes a threat with the intent to place the person in imminent fear of death or bodily injury, shall be guilty of the crime of stalking and shall be punished by imprisonment in the state prison for not more than 5 years or by a fine of not more than $1,000, or imprisonment in the house of correction for not more than 2 ½ years or by both such fine and imprisonment. This includes acts of “cyberbullying.”
Chapter 71 Section 18 (2010) establishes a commission for the purpose of making an investigation and study relative to bullying and cyber-bullying. The commission must report to the general court the results of its investigation and recommendations, along with drafts of legislation necessary to carry out the recommendations.
Cyber Bullying
General Laws Chapter 71 (2010) defines “Cyber-bullying” as bullying through the use of technology or any electronic communication, which shall include, but shall not be limited to, any transfer of signs, signals, writing, images, sounds, data or intelligence of any nature transmitted in whole or in part by a wire, radio, electromagnetic, photo electronic or photo optical system, including, but not limited to, electronic mail, internet communications, instant messages or facsimile communications. Cyber-bullying shall also include (i) the creation of a web page or blog in which the creator assumes the identity of another person or (ii) the knowing impersonation of another person as the author of posted content or messages, if the creation or impersonation creates any of the conditions enumerated in clauses (i) to (v), inclusive, of the definition of bullying. Cyber-bullying shall also include the distribution by electronic means of a communication to more than one person or the posting of material on an electronic medium that may be accessed by one or more persons, if the distribution or posting creates any of the conditions enumerated in clauses (i) to (v), inclusive, of the definition of bullying.
The statute prohibits bullying, whose definition including cyberbullying. Each school district must develop a plan to address bullying prevention and intervention, including cyberbullying. The plan must include professional development for staff that addresses information on the nature and incidence of cyberbullying and internet safety issues as they relate to cyberbullying. In addition, every public school providing computer access to students must have a policy regarding internet safety measures to protect students from inappropriate subject matter and materials that can be accessed via the internet and must notify parents or guardians of the policy.
Hazing
General Law 269.19 (no date available), enacted in 603 CMR 33.04 (no date available), requires secondary educational institutions to issue every student and recognized student group or organization a copy of General Laws 269.17 and 269.18 (no dates available). Each student group and organization must then distribute copies of said laws to their members and agree to comply with them. Secondary institutions must also report to the board of education that they have complied with this statute and adopted disciplinary policies for acts of hazing.
General Law 269.17 makes hazing, defined within this law, a crime punishable by a fine up to $3,000 and/or up to one year's imprisonment.
General Law 269.18 requires witnesses or those with knowledge of a hazing to report it to law enforcement if they are able to without imperiling themselves or others. Failure to do so is punishable by a fine up to $1,000.
Source: National Association of State Boards of Education
Last Updated: 8/25/2010
