Confronting a Double-Edged Sword: Providing Bullies Due Process Protections Without Undercutting Massachusetts’ Efforts To Combat Bullying

Abstract

In 2012, the Massachusetts legislature enacted Chapter 71, Section 37H3/4 of the Massachusetts General Laws, ensuring that students facing long-term suspensions or expulsions receive additional rights during disciplinary hearings. The Massachusetts law entitles accused students to representation by counsel and allows for the cross-examination of student witnesses. Unfortunately, awarding these additional rights undermines the necessary efforts taken by the state to address school bullying. Nevertheless, without these rights, accused bullies have little recourse to address unfair or inaccurate allegations at their school hearings. Ultimately, this Note proposes a solution to protect victims from the trauma of cross-examination by the bully’s counsel without subjecting alleged bullies to unfair or inaccurate disciplinary hearings.