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ALM GL ch. 269, § 17 Page 2 68 Am Jur 2d, Schools § 347. Annotations Tort liability of college, university, fraternity, or sorority for injury or death of member or prospective member by hazing or initiation activity. 68 ALR4th 228. Validity, construction, and application of "hazing" statutes. 30 ALR5th 683. Law Reviews Edelman, How to Prevent High School Hazing: A Legal, Ethical and Social Primer. 81 N. Dak. L. Rev. 309 (2005). CASE NOTES Brutal treatment or forced physical activity made criminal by ALM GL c 269 § 17 is directed at student organizations, not at educational institutions themselves. Perkins v. Commonwealth (2001) 52 Mass App 175, 752 NE2d 761, 2001 Mass App LEXIS 745. Cadet who resigned from training at State Police Academy had no claim for constructive discharge from employment on ground that hazing by Academy personnel violated public policy, where there was no legislative directive or enunciated public policy that precluded Academy from discharging cadet who could not tolerate rigors and discipline required of recruits. Perkins v. Commonwealth (2001) 52 Mass App 175, 752 NE2d 761, 2001 Mass App LEXIS 745. Hazing statute, ALM GL c 269 § 17, did not apply to State Police Academy because Academy was not student organization. Perkins v. Commonwealth (2001) 52 Mass App 175, 752 NE2d 761, 2001 Mass App LEXIS 745. ALM GL c 269 § 17 does not create private cause of action. Perkins v. Commonwealth (2001) 52 Mass App 175, 752 NE2d 761, 2001 Mass App LEXIS 745. Arbitrator's finding that it was error to redact the names of student witnesses in a teacher disciplinary proceeding did not violate: (1) the public policy that incident reports describing harm to a child's health or welfare had to be kept confidential set forth in ALM GL c 119, §§ 51A and 51E, or (2) the policy respecting the safety of children inherent in statutes prohibiting corporal punishment set forth in ALM GL c 71, § 37G and prohibiting hazing set forth in ALM GL c 269, §§ 17-19. City of Boston Sch. Comm. v. Boston Teachers Union, Local 66 (2006) 22 Mass L Rep 15, 2006 Mass Super LEXIS 634. School committee failed to show that disclosure to union of unredacted student witness statements concerning alleged teacher misconduct would violate alleged public policy of protecting students' rights to privacy and safety; even assuming that such policy existed, school committee failed to explain interplay (if any) between statutes it relied on to support its argument and statements at issue. Boston School Committee and Boston Teachers Union, Local 66, MFT/AFT/AFL-CIO, 36 MLC 48 (2009).
Page 3 2 of 2 DOCUMENTS ANNOTATED LAWS OF MASSACHUSETTS Copyright © 2013 Matthew Bender & Company, Inc., a member of the LexisNexis Group All rights reserved *** Current through Acts 464 of the 2012 Legislative Session *** PART IV CRIMES, PUNISHMENTS AND PROCEEDINGS IN CRIMINAL CASES TITLE I CRIMES AND PUNISHMENTS Chapter 269 Crimes Against Public Peace GO TO MASSACHUSETTS CODE ARCHIVE DIRECTORY ALM GL ch. 269, § 18 (2012) § 18. Reporting Hazing Offense; Penalty for Failure to Report Violation. Whoever knows that another person is the victim of hazing as defined in section seventeen and is at the scene of such crime shall, to the extent that such person can do so without danger or peril to himself or others, report such crime to an appropriate law enforcement official as soon as reasonably practicable. Whoever fails to report such crime shall be punished by a fine of not more than one thousand dollars. HISTORY: 1985, 536; 1988, 665. NOTES: Editorial Note The 1987 amendment in the second sentence, increased the maximum fine from $500 to $1000. Jurisprudence 68 Am Jur 2d, Schools § 347. Annotations Tort liability of college, university, fraternity, or sorority for injury or death of member or prospective member by hazing or initiation activity. 68 ALR4th 228. Validity, construction, and application of "hazing" statutes. 30 ALR5th 683. Law Reviews Hyman, Rescue Without Law: An Empirical Perspective on the Duty to Rescue. 84 Tex. L. Rev. 653 (February, 2006).
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