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Massachusetts Anti-Bullying Laws

This guide provides a comprehensive overview of the Massachusetts Anti-Bullying Law, including definitions, enforcement tools, reporting procedures, staff responsibilities, and more. Learn about required elements of a Bully Prevention and Intervention Plan and your role as a staff member in preventing bullying incidences.

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Massachusetts Anti-Bullying Laws

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  1. Sutton Public SchoolsAnti-Bullying LawOverview

  2. Preparing for the Bullying Prevention Law • The following information comes directly from the Office of the Attorney General and The Massachusetts Aggression Reduction Center (MARC).

  3. Components of the Anti-Bullying Law • Legislation • Definition of Bullying • Tools to enforce Anti-bullying • Current Laws and Implications • Required Elements of a Bully Prevention and Intervention Plan • Your role as a staff member • What you can and cannot discuss with parents • What we are already doing here in Sutton • Questions

  4. Legislation • Defines bullying and cyber bullying • Reaches off-campus conduct • Requires curricula and policies • Reporting to principals • Procedures for investigating reports • Reporting to law enforcement if criminal • Does not create any new crimes

  5. Bullying Defined • Repeated conduct • Physical or emotional harm or • Damage to victim’s property • Hostile environment at school for victim; • Infringes on the rights • Materially and substantially disrupts the education process or the orderly operation of a school

  6. Off-Campus Conduct • Extends beyond school grounds if it: • Creates a hostile environment at school for victim or • Materially and substantially disrupts the education process or the orderly operation of a school

  7. Tools • School Disciplinary Code and Policy • Criminal Statutes • MOA (Memorandum of Agreement) • SRO (School Resource Officer) • Local Law Enforcement

  8. Criminal Harassment G.L. c. 265, s. 43A • Willfully and maliciously • Pattern of conduct or series directed at a specific person • Seriously alarms that person and would cause a reasonable person to suffer substantial emotional distress • Includes acts committed by mail, telephone, telephonic device, email and internet

  9. ThreatsG.L. c. 275, s. 2 • Threats to commit a crime • Against the person or property of another • Need expression of intention and an ability to do so in circumstances that justify apprehension on the part of the recipient

  10. Stalking • Willfully and maliciously • Engages in a knowing pattern of conduct or series of acts over a period of time directed at a specific person • Seriously alarms or annoys that person and would cause a reasonable person to suffer substantial emotional distress • Makes a threat with intent to place a person in imminent fear of death or bodily injury

  11. AssaultG.L. c. 265, s. 13A • Act of placing another in reasonable fear that force may be used

  12. Assault and Battery • Basics • By means of a Dangerous Weapon • For the purpose of Intimidation

  13. Additional Laws and Implications • Hazing • Annoying Telephone Calls • Identity Fraud • Disturbance of School or Assembly

  14. Destruction of School or Educational Facility • Willfully and intentionally destroys, defaces, mars or injures a school, educational facility or community center

  15. Required Elements of the Bully Prevention and Intervention Plan Include: • Descriptions of and statements prohibiting bullying, cyber-bullying and retaliation • Clear procedures for students, staff, parents, guardians and others to report bullying or retaliation • Provision for anonymous reporting • Clear procedures for responding to and investigating reports of bullying or retaliation • The range of disciplinary actions that may be taken • Balance accountability and the need to teach appropriate behavior

  16. Required Elements of the Bully Prevention and Intervention Plan Include: • Clear procedures for restoring a sense of safety for the victim • Strategies for protecting from bullying or retaliation • Procedures consistent with state and federal law for notifying parents or guardians of a victim or perpetrator • A provision that a student that makes a false accusation shall be subject to disciplinary action • A strategy for providing counseling or referral to appropriate services for victims and perpetrators and for family members of students

  17. In the Event of a Bullying or Retaliation Situation • Report it to your building principal, they will determine the next steps. • If you are not certain the situation is bullying or retaliation report it anyway.

  18. What You Can Tell Parents In A Bullying or Retaliation Situation • Specific disciplinary procedures that are defined in school policy or administrative procedures, and whether or not you intend to follow that policy in this case • Any actions the school is taking that affect their child (e.g., moving the child to another classroom) • The fact that they have been in communication with the parents or guardians of other children • Any actions the school is taking which affect the children generally but which may impact the incident(s) in question (e.g., placing an adult monitor in a spot which has been identified as one where bullying occurs)

  19. What You Can Tell Parents In A Bullying or Retaliation Situation (continued) • Previous incident(s) in which their child had some involvement, without naming other children • Measures you might use to help parents help their child (e.g.,practicing your child’s response to a bully;“checking in” daily with your child’s teacher; getting important information from your child) • Any reports or referrals made to law enforcement regarding the incident(s)in question

  20. What You CANNOT Tell A Parent in A Bullying or Retaliation Situation • Specific disciplinary procedures instituted against any child except their own • Any actions the school is taking that specifically affect a child other than their own(e.g., moving another child to a different • The content of any communications with another child’s parents or guardians • Any contract or agreement with a child who is not their own, or with the parents of that child

  21. What You CANNOT Tell A Parent in A Bullying or Retaliation Situation (continued) • The names or identification of other children involved in previous incident(s)in which their child had some involvement, for which there is a record • Measures other parents are taking to help their child(e.g., parents putting another child in therapy) • Previous or past behaviors or behavior problems of any child other than their own child

  22. Anti-Bullying In Sutton • Safety, Respect, Responsibility • Second Step • Steps to Respect • RADD Kids • Kaleidoscope Theater • Bully Reporting • School Website • Parent Coffees

  23. For More Information… • Massachusetts Aggression Reduction Center • http://webhost.bridgew.edu/marc/parpub.html • Massachusetts Department of Elementary and Secondary Education • http://www.doe.mass.edu/ssce/bullying/

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