CLE Program

There is no better way to fully understand the Anti-Bullying Law and its implications than to take it on from all angles. This seminar is the first of its kind in Massachusetts and will provide attendees the diverse knowledge they need to understand the law, the school district’s obligations under the law, and the victim’s rights under the law. It will also address federal Civil Rights laws and how they intersect with the state law.

Part 1: The School District Attorney’s Angle
St. Florian will discuss the legal requirements of M.G.L. c. 71, s. 37O.  In particular, she will focus on a school district’s obligation to investigate claims of bullying, the importance of following its policies and procedures consistently and the requirements of maintaining student confidentiality throughout the investigative process.  Then, St. Florian will look more closely at additional requirements for students with disabilities and will conclude with some real life scenarios that present challenges, such as when both the target and the aggressor of bullying are students with disabilities.

Part 2: The Office of Civil Rights Attorney’s Angle
Karvonides offers a “cautionary tale” for Massachusetts from neighboring states, with similar laws. She will demonstrate how schools may fail to appropriately consider whether the student misconduct also results in discriminatory harassment. In particular, if the abusive behavior is on the basis of race, color, national origin, sex or disability, and creates a hostile environment, a school is obligated to respond in accordance with the applicable federal civil rights statutes and regulations enforced by OCR. Karvonides will not only explain OCR’s basis for finding civil rights violations in both cases, but will also highlight some of the exemplary work that a school has done to bring about positive change.

Part 3: The Victim Attorney’s Angle
Williams will take the discussion one step further by addressing the legal process for victims and their families involved in bullying incidents. In particular, Williams will focus on the legal options under both federal law and state law and will discuss the potential civil claims that may arise in any given case. She will discuss the liability for public schools and the exceptions in which a school and/or school officials can be held liable for the negligence of a third party. Williams will also discuss other avenues for recovery including the Massachusetts Commission Against Discrimination, liability of the parents of aggressors and the usefulness of harassment prevention orders in bullying situations.

Faculty: