Most people think bullying is just a school problem. It’s not. In Massachusetts, bullying can actually lead to criminal charges, fines, and even jail time. Seriously.
Whether you’re a parent, student, teacher, or just someone who wants to know their rights, this guide breaks it all down. Plain and simple.
What Is Bullying Under Massachusetts Law?
Massachusetts law has a very specific definition of bullying. It’s not just being mean once. It’s a pattern.
Under Massachusetts General Laws Chapter 71, Section 37O, bullying is the repeated use of written, verbal, or electronic actions directed at a victim. Those actions must cause real harm. Think physical or emotional damage, property damage, or a situation where the victim is scared for their safety.
Pretty straightforward, right? The key word is “repeated.” One rude comment usually doesn’t qualify. A pattern of behavior does.
Bullying also includes actions by school staff. Yes, that means teachers, bus drivers, coaches, custodians, and cafeteria workers can legally be considered bullies too. That part surprises a lot of people.
What Counts as Bullying?
Wondering exactly what behaviors qualify? Here’s what the law covers.
Bullying includes any action that causes physical or emotional harm to a victim. It also includes actions that damage a victim’s property. If a student is put in “reasonable fear” of being hurt, that counts too.
It also covers behavior that creates a hostile environment at school. And anything that disrupts the education process. That’s a wide net. Massachusetts lawmakers made it that way on purpose.
Cyberbullying Is Also Illegal
Here’s where it gets really important. Cyberbullying is treated the same as in-person bullying under Massachusetts law.
The law defines cyberbullying as bullying done through technology or electronic communication. That includes texts, emails, social media posts, instant messages, and more. It even covers creating a fake account or web page to impersonate someone.
Okay, pause. Read this carefully. If you create a fake profile to mess with someone online, that is cyberbullying under Massachusetts law. Full stop.
Spreading harmful content electronically to more than one person also qualifies. So group chats, mass texts, and public posts are all fair game for legal action.
Basic School Bullying Rules
Every school in Massachusetts must follow strict anti-bullying rules. This is not optional. It’s the law.
Schools must have a written bullying prevention and intervention plan. That plan has to be updated at least every two years. It must include clear rules about what bullying is and what the consequences are.
Not sure if your school has a plan? They’re required to make it public. Ask the principal or check the school website.
Schools must also train their staff every year on the bullying prevention plan. And that plan must be included in the employee handbook. No excuses for staff not knowing the rules.
What Schools Are Required to Do When Bullying Happens
This is the part most people don’t know. Schools in Massachusetts have legal obligations when bullying is reported.
When a bullying incident is reported, the school must investigate it. They must notify the parents of both the victim and the bully. And they must take action to make the victim feel safe again.
Schools must also contact local law enforcement if the bullying may be criminal. That’s a big deal. Schools aren’t just handling this internally. They’re looping in police when needed.
Here’s something worth knowing. Retaliation is also against the law. If someone reports bullying and then gets targeted for speaking up, that’s illegal too. Victims and witnesses are protected.
Where Bullying Is Prohibited
Massachusetts law doesn’t just cover bullying that happens on school grounds. The law reaches further than most people expect.
Bullying is prohibited on school grounds and the property right next to schools. It also covers school-sponsored events, activities, and school buses. Even events that happen off school property can fall under this law if they’re school-related.
Wait, it gets better. Even off-campus behavior can get a student in trouble. If cyberbullying starts at home but disrupts the school environment, schools can still take action. The location doesn’t always matter. The impact does.
Who Gets Extra Protection?
Massachusetts law recognizes that some students are more vulnerable than others. Schools must specifically address this in their prevention plans.
Students may face extra risk based on race, religion, color, national origin, or sex. The law also protects students based on sexual orientation, gender identity, and physical appearance. Homelessness, academic status, and disability are covered too.
This list is long on purpose. Massachusetts lawmakers wanted to make sure no group was left out. Personally, I think that’s one of the best parts of this law.
Criminal Charges: When Bullying Becomes a Crime
Hold on, this part is important. Bullying doesn’t just lead to school discipline. It can lead to criminal charges.
Several criminal laws in Massachusetts can apply to bullying situations.
Criminal Harassment is covered under MGL Chapter 265, Section 43A. This law applies when someone willfully and maliciously engages in a pattern of conduct directed at a specific person. That conduct must seriously alarm the victim and cause real emotional distress.
Stalking is covered under MGL Chapter 265, Section 43. Stalking is like harassment but more serious. It involves threats that make the victim fear for their physical safety.
Hazing is covered under MGL Chapter 269, Section 17. Hazing happens when someone is harmed physically or mentally as part of joining a student group or organization. Think of it like extreme bullying tied to initiation rituals.
These aren’t just school rules. These are real criminal charges with real consequences.
Penalties and Consequences
Let’s talk numbers. What actually happens if someone is convicted?
For criminal harassment, the penalty can be up to 2.5 years in jail, a fine of up to $1,000, or both. That’s for a first offense. For repeat offenders, it gets much worse. A second conviction can mean up to 10 years in state prison.
For stalking, you’re looking at up to 2.5 years in jail or up to 5 years in state prison. Fines of up to $1,000 apply here too. If the stalking violates a restraining order, the minimum sentence goes up to at least one year.
For hazing, the fine can go up to $3,000. Jail time of up to one year is also possible.
Think of criminal harassment like a serious traffic offense that keeps getting worse each time you do it. Stalking is a step above that. And a stalking conviction that violates a protective order is no joke.
Minors vs. Adults: Does Age Matter?
You’re not alone if you’re wondering how the law treats younger bullies differently. It’s a common question.
In Massachusetts, teenagers who are 18 or 19 face charges in adult criminal court. The consequences are the same as for any adult. That means a real criminal record is possible.
For students who are 17 and younger, cases go to juvenile court. Judges there have more flexibility. They can divert kids away from the court system. They can also hand down lighter sentences. But it’s still serious.
Both adults and minors can face civil lawsuits too. Victims can sue for money to cover therapy costs, property damage, and emotional harm.
The Phoebe Prince Case: A Turning Point
I looked this one up because it matters. This case changed everything in Massachusetts.
In 2010, Phoebe Prince was a student at South Hadley High School. She was bullied publicly, threatened, and harassed online. The bullying contributed to her death by suicide. It was a tragedy that made national headlines.
In 2011, Massachusetts became one of the first states in the country to criminally prosecute students involved in bullying connected to a suicide. Several teens were charged with criminal harassment and civil rights violations. They received probation and community service.
That case is a big reason Massachusetts has such strong bullying laws today. The state took it seriously. They still do.
Special Circumstances: Off-Campus and Former Students
Here’s a situation that trips people up. What if the bullying involves someone who already left the school?
If a bullying incident happens on school grounds and involves a former student under the age of 21, the school still has a role. The school must contact law enforcement. It doesn’t matter that the person no longer attends.
Off-campus cyberbullying can also become a school matter. If the online behavior creates problems inside the school, administrators can act. Schools don’t get a free pass just because the message was sent from home.
Workplace Bullying: A Different Story
Here’s where things get complicated, honestly. Massachusetts has strong school bullying laws. Workplace bullying is a completely different situation.
Right now, there is no specific Massachusetts law that protects workers from general bullying at work. Unless the bullying is tied to a protected characteristic like race, sex, or disability, it’s usually not illegal on its own.
However, that may be changing. In 2025, Massachusetts introduced new legislation called the Workplace Bullying Accountability Act. It’s still working its way through the legislature. If it passes, Massachusetts could become a leader in protecting workers from psychological abuse at work too. Stay tuned on that one.
How to Report Bullying in Massachusetts
So what do you actually do if bullying is happening? Here’s the step-by-step.
First, document everything. Save texts. Take screenshots. Write down dates and what was said or done. You’re gonna need this.
Second, report it to the school. Talk to a teacher, counselor, or principal. Every school must have a reporting process. Use it.
Third, if the school doesn’t act, contact the school district directly. You can also reach out to the Massachusetts Department of Elementary and Secondary Education.
Fourth, if you believe a crime has been committed, contact local law enforcement. Don’t wait for the school to do it for you.
Fifth, if the bullying is tied to a protected characteristic like race or disability, you can file a complaint with the U.S. Department of Education’s Office for Civil Rights. That adds another layer of protection.
Trust me, documenting everything from the start makes a huge difference.
Frequently Asked Questions
Does Massachusetts law cover bullying that happens online or over text? Yes. Cyberbullying is included in Massachusetts anti-bullying law. Texts, social media, emails, and fake accounts all count.
Can a student be arrested for bullying? Yes. If the behavior rises to criminal harassment or stalking, police can get involved and criminal charges can be filed.
What if my child’s school isn’t doing anything about bullying? You can escalate to the school district or contact the Massachusetts Department of Elementary and Secondary Education. You may also have options through federal civil rights laws.
Are teachers and school staff covered by the bullying law? Yes. Staff members including educators, coaches, and bus drivers can legally be considered bullies under Massachusetts law.
Can parents sue if their child is bullied? Yes. Civil lawsuits are possible. Victims and their families can seek compensation for emotional distress, therapy costs, and other damages.
What is the difference between bullying and criminal harassment? Bullying is covered by school policy and education law. Criminal harassment is a separate criminal charge under Massachusetts General Laws. Bullying that rises to criminal harassment can result in arrest and jail time.
Final Thoughts
Massachusetts takes bullying seriously. More seriously than most states. That’s actually a good thing.
The laws here protect students in school, on buses, at school events, and online. They also give victims real options when schools don’t step up. And when bullying crosses into criminal territory, the legal system gets involved fast.
Now you know the basics. If you or someone you care about is dealing with bullying, don’t wait. Document it. Report it. And when in doubt, talk to a lawyer or a trusted adult who can help you figure out the next step.
References
- Massachusetts General Laws Chapter 71, Section 37O – Bullying in Schools: https://malegislature.gov/Laws/GeneralLaws/PartI/TitleXII/Chapter71/section37O
- Massachusetts General Laws Chapter 265, Section 43A – Criminal Harassment: https://malegislature.gov/Laws/GeneralLaws/PartIV/TitleI/Chapter265/Section43A
- Massachusetts Law About Bullying and Cyberbullying – Mass.gov: https://www.mass.gov/info-details/massachusetts-law-about-bullying-and-cyberbullying
- Massachusetts Anti-Bullying Laws and Policies – StopBullying.gov: https://www.stopbullying.gov/resources/laws/massachusetts
- Bullying Prevention and Intervention – Massachusetts DESE: https://www.doe.mass.edu/sfs/bullying/
- 603 CMR 49.00 – Notification of Bullying or Retaliation Regulations: https://www.doe.mass.edu/lawsregs/603cmr49.html
- Cyberbullying and Online Harassment in Massachusetts – Criminal Defense Lawyer: https://www.criminaldefenselawyer.com/resources/cyberbullying-massachusetts.htm
