1 of 15 DOCUMENTS ANNOTATED LAWS OF MASSACHUSETTS ...
1 of 15 DOCUMENTS ANNOTATED LAWS OF MASSACHUSETTS ...
1 of 15 DOCUMENTS ANNOTATED LAWS OF MASSACHUSETTS ...
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ALM GL ch. 269, § 17<br />
Page 2<br />
68 Am Jur 2d, Schools § 347.<br />
Annotations<br />
Tort liability <strong>of</strong> college, university, fraternity, or sorority for injury or death <strong>of</strong> member or prospective member by<br />
hazing or initiation activity. 68 ALR4th 228.<br />
Validity, construction, and application <strong>of</strong> "hazing" statutes. 30 ALR5th 683.<br />
Law Reviews<br />
Edelman, How to Prevent High School Hazing: A Legal, Ethical and Social Primer. 81 N. Dak. L. Rev. 309 (2005).<br />
CASE NOTES<br />
Brutal treatment or forced physical activity made criminal by ALM GL c 269 § 17 is directed at student<br />
organizations, not at educational institutions themselves. Perkins v. Commonwealth (2001) 52 Mass App 175, 752<br />
NE2d 761, 2001 Mass App LEXIS 745.<br />
Cadet who resigned from training at State Police Academy had no claim for constructive discharge from<br />
employment on ground that hazing by Academy personnel violated public policy, where there was no legislative<br />
directive or enunciated public policy that precluded Academy from discharging cadet who could not tolerate rigors and<br />
discipline required <strong>of</strong> recruits. Perkins v. Commonwealth (2001) 52 Mass App 175, 752 NE2d 761, 2001 Mass App<br />
LEXIS 745.<br />
Hazing statute, ALM GL c 269 § 17, did not apply to State Police Academy because Academy was not student<br />
organization. Perkins v. Commonwealth (2001) 52 Mass App 175, 752 NE2d 761, 2001 Mass App LEXIS 745.<br />
ALM GL c 269 § 17 does not create private cause <strong>of</strong> action. Perkins v. Commonwealth (2001) 52 Mass App 175,<br />
752 NE2d 761, 2001 Mass App LEXIS 745.<br />
Arbitrator's finding that it was error to redact the names <strong>of</strong> student witnesses in a teacher disciplinary proceeding<br />
did not violate: (1) the public policy that incident reports describing harm to a child's health or welfare had to be kept<br />
confidential set forth in ALM GL c 119, §§ 51A and 51E, or (2) the policy respecting the safety <strong>of</strong> children inherent in<br />
statutes prohibiting corporal punishment set forth in ALM GL c 71, § 37G and prohibiting hazing set forth in ALM GL c<br />
269, §§ 17-19. City <strong>of</strong> Boston Sch. Comm. v. Boston Teachers Union, Local 66 (2006) 22 Mass L Rep <strong>15</strong>, 2006 Mass<br />
Super LEXIS 634.<br />
School committee failed to show that disclosure to union <strong>of</strong> unredacted student witness statements concerning<br />
alleged teacher misconduct would violate alleged public policy <strong>of</strong> protecting students' rights to privacy and safety; even<br />
assuming that such policy existed, school committee failed to explain interplay (if any) between statutes it relied on to<br />
support its argument and statements at issue. Boston School Committee and Boston Teachers Union, Local 66,<br />
MFT/AFT/AFL-CIO, 36 MLC 48 (2009).