Massachusetts laws
MGL c. 71, § 37O Bullying in schools
MGL c. 12, § 11H Violation of constitutional rights
MGL c. 265, § 43 Stalking
MGL c. 265, § 43A Criminal harassment; punishment
- Effective September 18, 2024: amended by St. 2024, c. 118, §§ 5-6 to include a ban on image-based sexual assault, also referred to as "revenge porn".
MGL c. 269, § 17 Hazing
MGL c. 269, § 18 Failure to report hazing
MGL c. 269, § 19 Schools to provide copy of hazing law to students
Massachusetts regulations
603 CMR 33 Hazing reporting - secondary schools
603 CMR 49 Notification of bullying or retaliation
610 CMR 5 Hazing reporting - higher education
Selected cases
Cormier v. City of Lynn, 479 Mass. 35 (2018)
Even where a defendant city "could have and should have done more" to protect a student from bullying, and their inaction resulted in the child being severely injured during a bullying incident, the Mass. Tort Claims Act bars a suit against the city and its employees where they did not "originally cause" the situation.
Doe by and through Doe v. Hopkinton Public Schools, 490 F.Supp.3d 448 (D. Mass. 2020)
The Massachusetts anti-bullying statute does not violate the First Amendment.
Web sources
Bullying, Mass. Legal Services.
Compilation of Massachusetts bullying law resources.
Bullying prevention and intervention, Mass. Dept. of Elementary and Secondary Education.
Model bullying prevention plan, updates, laws, and other resources for schools and parents.
Cyberbullying Resource Center
Compilation of resources for teachers, students, parents, adults and more. The Center is run by two university professors as a clearinghouse for information.
Know your rights, GLAD, February 2014.
Questions & answers on discrimination in public schools on the basis of sexual orientation and gender identity or expression.
Massachusetts students: what to do if you're being bullied, GLAD, March 2014.
"If you are being bullied and your school is not protecting you, your school is not following the law." Despite the title, this publication doesn't provide "what to do" advice, but does provide a great summary of the law's key points.
StopBullying.gov
Provides information from various government agencies on what bullying is, what cyberbullying is, who is at risk, and how you can prevent and respond to bullying and includes state by state guides.
Print sources
The authority of Massachusetts educators to combat bullying, cyber bullying & sexting on and off school property: The intersection of the school disciplinary code & the criminal justice system by Patrick Michael Rogers, Commonwealth Police Service, 2010.
Bullying, harassment, safety & discipline at school, MCLE, 2023.
How to conduct an internal harassment & bullying investigation by David I. Brody, MCLE, 2021.
School bullying and harassment: A legal primer by Richard W. Cole, NBI, Inc., 2012.
School law in Massachusetts by Rhoda E. Schneider, 4th ed., MCLE, loose-leaf.
Includes a sample anti-harassment policy for schools in Chapter 8.
Working with children with special needs, MCLE, 2015. Section 5.
Contact
Online
| Last updated: | April 15, 2025 |
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