Bill H.3241

HOUSE DOCKET, NO. 2994 FILED ON: 1/18/2013

HOUSE . . . . . . . . . . . . . . . No. 3241

By Ms. DiZoglio of Methuen (by request), a petition (accompanied by bill, House, No. 3241) of Brian J. Coppola relative to juvenile violence caused by a person who is of school age and is 12 years old or older. Public Safety and Homeland Security.

The Commonwealth of Massachusetts

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In the Year Two Thousand Thirteen

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An Act regarding juvenile violence.

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:

Be it enacted that any student who is of school age and is 12 years or older, up till he/she graduates from high school and who has not yet to graduate from high school, who commits onto another student, rape, molestation, indecent assault or any other acts of sexual abuse, whether said acts occurred in a public, or private elementary or middle or secondary day school or elementary or middle or secondary boarding school, which both the offender and the victim attend shall face automatic expulsion from his/her public, or private elementary or middle or secondary day school or elementary or middle or secondary boarding school. Said child who has been expelled for sexual abuse, or molestation, or rape shall not be permitted to be enrolled into a boarding school within or without the Commonwealth of Massachusetts, except for a juvenile detention facility, or jail, or a psychiatric care facility, when ordered by a juvenile court, or a trial court that has jurisdiction over said matters. At the time of expulsion, said school system must provide said expelled offender alternative ways of receiving their education, whether they are home schooled, or a tutor is provided by the said school system or the said school system makes their educational materials available over the Internet. In the case of disabled or special needs students, the school system must provide reasonable accommodations to the alternative educational materials as outlined in a written individualized educational plan, as deemed under applicable state and federal laws.

Any student who is 8 years of age or older who brings a gun or a dangerous weapon into any grade school within the Commonwealth of Massachusetts shall face automatic expulsion from said grade school for a period not to exceed one (1) full calendar year and at the time of said expulsion shall have the same aforementioned hearing and the aforementioned procedural and substantial due process requirements met, which shall include the aforementioned hearing, notice of hearing, determination of guilt or innocence by the aforementioned authority and notice of right to appeal such expulsion decision. Said expelled student shall also be entitled to the aforementioned alternative means of receiving their education, whether it be home schooling, provided with a tutor, or over the Internet, with the aforementioned reasonable accommodations as it pertains to a student with a disability or special needs. In the case of a student who is developmentally or psychiatrically disabled, the same aforementioned Individual Behavioral Modification Educational Plan (IBMEP) requirements shall be met as in the case of any violent act or sexual deviant behavior. Any student who has a pending case of a gun or weapons carrying into school case shall not remain on the aforementioned educational institution’s grounds and must be suspended interim pending said case. The same requirements shall also apply to boarding grade schools, and the same child must accompany parent requirements in all schools shall apply.

Any student attending any post secondary educational institution within the Commonwealth of Massachusetts who carries a gun or a dangerous weapon onto school premises shall face automatic expulsion from said post secondary institution and also shall lose any and all state aided financial aid.

Any student attending any grade or post secondary school within the Commonwealth of Massachusetts shall also in addition to said expulsion face criminal prosecution for said violation thereof. In the case of a juvenile, aged 8-18 years of age, such matters shall be prosecuted in a juvenile court and upon the determination of delinquency; said juvenile shall be placed under the provision of a Child In Need of

Services (Chins). Any student who is 18 years of age or older shall be prosecuted in an adult criminal court for carrying a gun or dangerous weapon onto school premises, whether a grade school or a post secondary educational institution within the Commonwealth of Massachusetts. Said offender 18 years of age or older who is guilty of carrying a gun or dangerous weapons onto school premises is punishable by a fine of no less than $3,000.00 or imprisonment in state prison for no less than 3 years or both said fine and imprisonment. In addition, said offender shall not be permitted to obtain a license to carry firearms.

Notice of said mandatory expulsion, or suspension, and hearing on the matter shall be made in writing, and such notice shall include the date of the hearing, and the right to be represented by counsel of both the victim and the alleged offenders’ choice. In the case that the offender is found guilty and said mandated expulsion in the case of rape of another school aged student, or a suspension is handed down by either the director or president of a private day or boarding elementary, middle, or secondary school, or that of a principal of a public elementary, middle, or secondary school, said notice shall be in writing and include the mandated expulsion in the case of rape, indecent assault or other forms of sexual abuse of another school aged student, or suspension for the offense of violence in connection with any bullying or hazing activities by students of school age and the right to appeal said decision and the length of time one has to appeal said mandated expulsion or suspension, and the noticed shall also include the right to further appeal in a juvenile court, or any state court that has jurisdiction over the matter. In the case of rape, molestation, indecent assault or other forms of sexual abuse as defined under M.G.L Chapter 265, said hearing on the school level shall be held in a sequestered manner and in a sequestered setting, with a sign on the door way stating that the matter is a “sequestered hearing.” The same signage shall be posted in alumni board of director proceedings in said cases of rape, molestation, indecent assault, or sexual abuse or any other forms of sexual abuse as defined under M.G.L Chapter 265.

There shall be no statute of limitations on which a victim of child rape, molestation, or other forms of sexual abuse committed in the same educational facilities, to which both the victim and the alleged offender had attended at the time of the alleged offense, to bring an action on the school level for said child rape, molestation, or other forms of sexual abuse. The educational facility’s alumni associations’ board of directors shall be granted jurisdiction to hear cases of sexual abuse, including child rape, molestation, or other forms of sexual assault or other forms of sexual abuse, when both the victim and the offender has graduated or left said educational facility, where the offense has alleged to have occurred or either one party, the offender or the victim of said abuse has graduated or left the same educational facility, where the alleged sexual offense has alleged to have occurred. This shall include, but not be limited to a public elementary, middle, or secondary school or private day school on the same level, or that of a boarding school, when an action on the school level commences, whether at the time of the offense or years later, at first disclosure of said sexual offense to three or more persons. Upon referral of sexual abuse cases to the schools’ alumni associations’ board of directors of such sexual abuse cases, it shall be the duty of the school’s alumni associations’ board of directors to hear said matter in a sequestered setting and that such hearing be deemed a sequestered hearing. The determination of guilt or innocence shall be determined by two-thirds (2/3) of the board of directors of the school’s alumni associations’ board of directors. Upon the finding of guilt, the person alleged to have committed a sexual offense shall be deemed expelled from the school, as if the case of sexual abuse had come to surface at the time of the alleged incident. The alleged offender shall have a right to appeal their case to the board of trustees of a day elementary, middle, or secondary private day or boarding school for re-instatement into that school’s alumni association should any due process rights be violated or in the case of a public school, to which the student was a member of the school’s alumni association, the school committee of the school district to which the student was expelled from the public school’s alumni association on the basis of any due process violation.

The school’s alumni associations’ board of directors shall produce in writing the date and time of the hearing on such matter to both the former student alleged to have committed a sexual offense and the victim involved in the case. Upon determination of guilt, the alumni board of directors of the school where the offense occurred and the case was disposed of on the school level shall notify the alleged offender of their right to appeal and the amount of time, which the offender has to appeal for re-instatement into the association. Statute of limitations or confidentiality shall be barred as a defense in said proceedings, including on the appellate level.

Present at the hearing conducted by the school’s alumni associations’ board of directors hearing on the matter shall be the alleged offender, representative of their choice, any witnesses they have to prove their innocence in the matter, the victim, representation of the victim’s choice and any witnesses the victim may have to prove their case of alleged sexual abuse or rape. The same shall be present during the appellate process to the school’s board of trustees in the case of a private day or boarding school or the school committee in the case of a public school setting.

The said aforementioned alumni association board of directors procedures in removing a former student’s good standing in an educational facility, whether grade or post secondary shall apply in the case where a former student who has graduated or left in “good standing,” who has been known to have an arrest record for the offenses of murder in the first or second degree or rape of any kind, including but not limited to statutory rape. The same procedures shall apply to any teacher, staff member, director, or president of any grade or post secondary educational setting in cases of murder, first or second degree, rape, including but not limited to statutory rape.

Said offender need only be 12 years or older, up until they had graduated or had left said school setting where the offense had alleged to have taken place.

Any school aged student who is 12 years or older, up until they graduate or leave an educational facility and attempts to engage in acts of molestation or molests another student or commits both, onto another student shall be expelled. In the case of violence in connection with bullying or hazing activities, the student offender shall face automatic suspension from any public or private day elementary or middle or secondary school or any elementary or middle or secondary boarding school for a period of 10 days for attempted violence or other forms of violent abuse or bullying or hazing activities as deemed under applicable state anti hazing laws, or both. Any student or organization who engages in acts of hazing and also commits a chapter 265 offense, including murder in the first or second degree, or rape, including but not limited to statutory rape, or any kind of assault, or assault and battery or any other kinds of sexual abuse as deemed under chapter 265 shall also face criminal prosecution for said chapter 265 offense in addition to any criminal charges for hazing or bullying activity, as deemed under state anti-hazing laws or applicable state anti-bullying laws or both. The same shall apply to any chapter 209A offenses. The same shall apply to any grade school; whether public or private day or any private grade boarding school on the elementary, middle, or secondary level. In the event that an incident involves physical or verbal violence that constitutes a chapter 265 or chapter 209A offense against the person, or rises to the level of domestic violence, said incidents must be reported to law enforcement officials or in the case of a grade school, whether day or boarding, within 48 hours of the alleged incident by any staff member or the head administrator of any grade school, who is either in knowledge of or is a witness to or has been informed of any allegations of any sexual abuse, including but not limited to rape, indecent assault, sexual assault or any other forms of sexual abuse, or acts of violence committed by a juvenile student to the aforementioned law enforcement authorities. Said acts of sexual abuse or violence committed by a juvenile student onto another juvenile student or staff member in any grade school must also be reported to the Department of Children and Families, in the manner and time limits as proscribed applicable under state child abuse reporting laws, with said Department of Children and Families.

An incident report alleging rape or the aforementioned sexual abuse, when brought to the attention of either a staff member of the school or the head administrator, and is reported at the time said has been alleged to had happened, shall include, but not be limited to the date and time, or the approximate date and time of said allegation, the place where alleged sexual abuse occurred on school premises, the name and address of the victim, the name and address of the offender(s) a detailed description of the sexual abuse alleged, and any evidence or rape test kits completed, in the event there is any, or whether or not a school organization, which an alleged offender has joined is used as a ruse to lure other students in to said sexual acts. In the case where said sexual offense is reported on the date and time it has alleged to have occurred, said victim shall be transported by way of school security or the local police department where the school is located to have a rape test kit performed. In the case a rape test kit is utilized and perform, said results of such must also be included in the incident report. Incident reports alleging rape or sexual abuse onto another student in a grade school must be signed by the victim themselves, if they have the capacity to do so, and two staff members who are either teachers, or school guidance counselor, or school counselors, or school psychologist, or school psychiatrist, or whoever comes into knowledge of said, whether they had been confided into by the victim or the student perpetrator confesses of said allegations thereto. The incident reports alleging the aforementioned rape or sexual abuse must also be signed by the head administrator of the school and copies of said incident reports shall be given to A. The parents or guardian of the victim, B. The parents or guardian of the alleged offender, C. The Department of Children and Families and D. placed on the health records of the victim in the school’s health department. Said incident report placed on file with the school’s health department or school nurse shall have marked on it, “confidential information and be kept in a locked filing cabinet in the school’s health department after they had been notified by the head administrator that the proper reporting requirements had been satisfied and had been certified as complied with by the Department of Children and Families. Any misleading or omission of information contained in an incident alleging sexual abuse or rape shall be grounds for prosecution for the offense of Obstruction of Justice and anyone who knowingly misleads information or omits information in said incident report, even if it is to protect the image of said school shall face be punished by a fine of $2,000.00 or by imprisonment in state prison for no less than 3 Years, but, no more than 5 years or both said fine and imprisonment. In the case where sexual abuse is reported by a victim of said on the day it happened, a school’s security guard’s failure to transport said victim to the aforementioned emergency room or that of the local police department shall also constitute the aforementioned Obstruction of Justice and shall be punishable by the aforementioned penalties herein. The same aforementioned incident reports, and procedures, and reporting requirements shall also apply in the case an employee of the aforementioned school is alleged to have engaged in rape or sexual abuse onto other students. The same shall also apply when an incident of rape or sexual abuse has been alleged to have been perpetrated by a student onto another staff member so employed at said educational institution.

In the case of a post secondary educational institution the same reporting requirements to the aforementioned law enforcement authorities shall apply. The same mandated expulsion or suspension laws shall also apply to any post secondary public or private day or boarding institutions of higher education, which shall include but not be limited to a college, a university, a trade school, or a technical school or any other institution, within the Commonwealth of Massachusetts, for the same aforementioned offenses, committed by students who has graduated high school and is 18 years of age or older, up until they had left or graduated their post secondary educational institutions to which they attend. A post secondary educational institution need not provide alternative ways for a student of said post secondary institution to receive their educational materials, unless they chose to do so. The same aforementioned requirements shall also apply to graduate and post graduate institutions of higher education.

A roommate of a student 18 years of age or older living in a college dorm or apartment, whether on or off the premises of the college or university shall constitute a domestic relationship during the academic year and such domestic violence of a roommate onto another roommate shall fall under the provisions of M.G.L. chapter 209A. In the case of a boarding college or university or off campus housing that is affiliated with the college or university, the same said Chapter 209A domestic violence laws hall apply.

In situations where a post secondary educational institution is either a boarding school or provides off campus housing, in which students 18 years of age or older are roommates in either the same room of a dorm or share school provided apartments, whether on or off campus, any student wishing to have overnight guests in the housing facility which is shared by other students on a roommate basis, whether the guest is male or female or of the same sex as the student so wishing to entertain overnight guest in aforementioned dorm’s room, apartment or off campus housing either provided by the college or university or is affiliated with the college or university, whether day or boarding, the student must receive consent from all the other occupants of the facility, which they share prior to having overnight guest in with them. This policy shall be stated in the college or university’s handbook each academic year. In the case, where students at a post secondary educational facility is sharing with a disabled person, on campus designated handicapped housing, whether it be a dorm room or an apartment, prior to the start of each academic year, the college or university, or trade school or technical school’s director of the school’s housing office program must coordinate along with state rehabilitation agencies, disability sensitization training. Present at such training shall be the director of the post secondary educational institution’s student housing office, the students sharing the designated handicap housing unit, any disabled student(s) who will be residing in the said designated handicap housing unit during the academic year, the resident director overseeing the housing unit and the resident assistants so assigned to work in the proximity of the unit. At the conclusion of such sensitization training, any student(s), who is not in need of the designated handicap housing on the campus, and so chooses not to live in said designated handicap hosing unit, shall state to the director of the post secondary’s housing office, the desire not to reside there and said director shall put this into writing and generate a room change of said students who do not desire to live in handicap housing, prior to date of move in. Said designated handicap student housing units or apartments shall be exempt from any post secondary educational institution’s meritocracy policies or any room lotteries or any “points” schemes based on class year, as said designated handicap housing for a disabled student is a reasonable accommodation. A post secondary boarding institution must state in their policies that handicapped housing is given priority to students with disabilities as a reasonable accommodation and that such is exempted from the school’s meritocracy, room lottery, or “points” based on class year scheme policies.

Any acts of hazing committed in designated handicap housing units or in connection with said designated handicap housing units or committed by students not needing said designated handicapped housing, as a reasonable accommodation for the sole purpose of discrimination or obtaining the designated handicap housing unit for their own personal benefits shall constitute an automatic expulsion from the aforementioned post secondary educational facility. In addition to said expulsion, said students so involved in the said, aforementioned hazing activity, which occurs in designated handicapped housing units shall also forfeit state financial aid, that is given to them by the Commonwealth of Massachusetts. Any student so desiring to live in designated handicapped housing, with any disabled student shall be required to sign in the presence of the director of the school’s housing office and the president of the college or university, an anti-hazing, an anti-sexual abuse, and an anti-violence agreement, which shall also state the aforementioned mandated expulsion for hazing activity committed in connection with said designated handicapped housing. Said student so desiring to live in said designated handicapped housing with a disabled person shall also sign in the presence of the said school’s director of housing office and the college or university’s president another statement that should they engage in the aforementioned hazing activity in connection with designated handicapped housing, that they stand to forfeit any and all state financial aid for their education, which is provided to them, by the Commonwealth’s board of higher education.

Any post secondary student, over the age of 18 and attending a post secondary educational institution, whether a day public or private post secondary or a boarding post secondary educational institution, who willfully engages in causing property damages to any school property, whether on the outside or inside of the structure, shall be held criminally and civilly liable for causing said property damages under applicable state laws. In the event that they need to borrow money from their parents or guardian to re-imburse the learning institution for willful damage, intentionally caused by him/her, shall be held civilly liable for paying back their parents or guardian, the monies as if such were a loan. A parent or guardian so lending the money to said student to re-imburse said institution for said willful and intentional property damage shall be liable for double the money they so borrowed from said parents or guardian to re-imburse said institution for the damage to property so caused. A student so borrowing monies to cover the costs of the damages they willfully and intentionally caused shall present to the college or university or any post secondary school’s dean, the note in writing containing their name and their home address and the name and address of the parent or guardian to which they had borrowed from. Intoxication from alcohol and illegal drugs shall be barred as a defense in any action, whether civil or criminal for willful and intentional damage to the property of the post secondary learning institution. The loan taken from a parent or guardian by the student shall be said to start to be paid back upon graduation or termination of the student from said secondary institution. Upon court order for payment of the debt to either the school, or the parent or guardian or both, the sheriff’s department, where the student had attended said post secondary school shall have the right to seize the property of the student to satisfy the debt to either the post secondary school or the parents or guardian of the student.

All post secondary institutions within the Commonwealth of Massachusetts, whether public or private day or private boarding post secondary educational facilities shall have installed in their common areas, and outside of the structure, updated video surveillance equipment. This shall also include but not be limited to the dining areas, the classroom areas and the hallways of such, and the hallways where after class activities are held, including but not limited to the library or other study areas. Parking areas shall also be equipped with said video surveillance equipment. The school police department shall also be equipped with the aforementioned updated video surveillance equipment, of in all areas they are placed, shall be running 24 hours a day and 7 days a week, until the college is on semester break or summer break, with video surveillance resuming at the beginning of each semester. In the case of private post secondary post educational institutions, additional updated video surveillance shall be installed in the common areas of the dorms and within range of the student sleeping quarters. In the case of a university apartment complex, said video surveillance equipment shall be installed in the hallways of the complex, the exterior at all boarding quarters, and also in the case of apartment complexes, in the common areas of the student apartments, which shall be defined as the living room or den area, the kitchen and any back hallways that lead to the back of said apartment complexes, including but not limited to the designated fire areas. Appropriate signage that the aforementioned areas are under video surveillance shall be posted in an area that can be reached and said signage shall also be posted in large print and Braille. No video surveillance devices shall be installed in a student’s bedroom or the bathrooms, which they use, unless a warrant is properly obtained from a court of law, as part of conducting a criminal investigation or in the case of probable cause that a crime has been committed. In either case, it shall be the responsibility of campus police or local or state police to go to court to have a warrant executed to install video surveillance in a student’s bedroom or the bathrooms they so use. At the conclusion of said investigation or the obtaining evidence, or both in criminal matters, said surveillance equipment must be removed.

In the event that a post secondary student or staff member threatens to commit suicide, or is suspected of acting suicidal or acts suicidal, a school counselor, who is a psychologist, campus police and the person’s parents or guardians shall be notified immediately by oral communication, and within 48 hours, a follow-up incident report on the matter shall be made in writing, detailing the name and home address of the individual, the date time and a detailed description of the incident. Copies of this incident report must be forwarded to the school counselor, the campus police, the parents or guardian of the individual or a family member in the case where there is no guardianship, and to local law enforcement authorities. Said suicidal individual shall be escorted by police or ambulance to an emergency room that is equipped with a psychiatric facility. follow-up therapy and psychiatric treatment upon release from said psychiatric facility shall be carried out by a psychologist and a psychiatrist who is not affiliated in any way with any post secondary educational institution or who is in private practice away from the educational facility, or in an outpatient psychiatric hospital setting. The same requirements shall hold true in cases where a student or staff member either threatens violence or behaves in a violent manner and mental illness or psychiatric disability is suspected. Any on campus authority who fails to report suicidal or violent incidents where mental illness or psychiatric disability is suspected shall be terminated immediately from the post secondary institution and shall also be subject to criminal prosecution. Said offense of failure to report the aforementioned activities in the manner proscribed shall be punishable by a fine of not more than $2,000.00 or imprisonment in a state prison for no less than 3 years, but, no more than 5 years, or both, said fine and imprisonment. In the case of a post secondary education counselor or psychiatrist, who fails to report said activities, shall also face permanent revocation of their professional licenses by the appropriate professional licensure boards of their said profession. Said psychologist or psychiatrist shall have the opportunity to have a hearing on the matter of said permanent revocation of their licenses by the aforementioned boards and if unsatisfied with the respective licensure board’s decision, shall be afforded the right to further administrative appeal within the respective licensing boards of psychology or psychiatry. Said professional boards that revoke said licenses must be in the Commonwealth of Massachusetts. The boards of licensure must inform the practicing post secondary school psychologist or psychiatrist in writing of the date and time of the hearing on the matter and the allegations being made against them and the right to representation by counsel in the matter. Upon reaching a decision by the boards of psychology or psychiatry, said decision must be made in writing and in the case of an adverse decision, included in said decision shall also be included the right to appeal, who to appeal to and the time which one has to appeal the decision of the licensure boards of psychology or psychiatry. In the event where a post secondary student threatens suicide, or is suspected of acting suicidal, or acts suicidal or threatens violence, whether or not mental illness or psychiatric disability is suspected, said student or staff member’s right to confidentiality is deemed to be forfeited, until the requisite reports are made and they are committed involuntarily to a psychiatric facility or a correctional facility pending criminal proceedings in a court of law. Doctor patient confidential relationship resumes when said patient is in therapy or is seeing a psychiatrist, or both, on a permanent basis and that such treating psychologist and psychiatrist is not affiliated with said educational institution or in private practice away from the campus of the educational institution, or both. For the purpose of this act, threats of suicide, acts of suicide or suspicion of suicidal behavior as pertaining to a school aged student in grade school, or a student in post secondary education shall be deemed as juvenile violence, as they are still in school and presumed to still receiving support from their parents or guardian or other family member during their post secondary education.

In the case of threats of suicide, or suspicion of acts of suicidal behavior, or actual suicidal behavior by a grade school student who has neither graduated from high school nor has left grade school, whether the school setting is a day public or private elementary, middle, or secondary school or that of a private elementary, middle, or secondary boarding school, it shall be the duty of any staff member, whether a teacher, a caseworker, a junior housemaster, or a junior houseparent, or a head housemaster, next in seniority or a head houseparent or a head housemaster or a head houseparent, next in seniority, in the case of a boarding school, or a guidance counselor, or a school psychologist or a school psychiatrist, or any administrator of a grade school, or any other employed staff on the grade school level, to report said incidents of threats of suicide, suspicion of acts of suicide or suicidal behavior on the part of a minor grade school student, who has neither graduated high school, nor has left their grade educational institution to law enforcement, the parents or guardian of the said student and the Department of Children and Families. Said oral and written incident reports shall follow the aforementioned proscribed manner as is the requirements of post secondary educational institution. In the case where a minor child involved, in addition to reports being made to the school psychologist, the school psychiatrist, the minor child’s caseworker in the case of a special needs educational facility, and the parents or guardian or an adult family member where the minor child resides, said report of said threats of suicide, suspicion of suicidal behavior or actual suicidal behavior, shall also be reported to the Department of Children and Families. Said information regarding threats of suicide, suspicion of suicide, or actual suicidal behavior, a particular student shares with the aforementioned professionals shall not be shared with any other students so attending said grade school, by a guidance counselor, a school psychiatrist, a school psychologist or in the case of a minor grade school special needs or disabled student, their caseworker. Any school counselor, guidance counselor, school psychiatrist, or in the case of a special needs or disabled minor grade school aged student’s caseworker, who shares information about a particular student’s threats of suicide, or suspicion of suicidal acts or actual suicidal behavior with another grade school student attending the same educational facility, shall at the time said information is shared, report the aforementioned incidents so shared with other students regarding a particular student’s threats of suicide, suspicion of acts of suicide, or suicidal behavior to the parents or guardian of the aforementioned suicidal student, and must also report the same to law enforcement authorities, and the Department of Children and Families. Said reports of the same shall be made in the aforementioned proscribed manner, as is the case of post secondary educational facilities, and said written incident reports shall also be forwarded to the Department of Children and Families, Law Enforcement and the child’s parents or guardian. Said student still in grade school at the age of 18 years of age at the time of said incident shall be deemed temporarily psychiatrically disabled. Upon said oral reports, whether shared with another student or at the time the suicidal student shares this information with staff, or at the time o f said incidents involving talk of suicide, suspicion of suicide or actual acts of suicide, said student must be transported by either police escort or an ambulance to an emergency room that has a psychiatric care facility. Upon transportation to said psychiatric facility, the staff who has witnessed said attempts of suicide or acts of suicide must be in immediate contact with the administration of the school, who shall immediately notify the parents or guardian of said student. Upon a grade school student being in knowledge of another student’s threats of suicide, suspicion of suicidal acts, or is a witness to any suicidal behavior, said student in said knowledge of the same, must, in the accompaniment of another staff member employed at said grade educational institution be in immediate contact with the head administrator of said grade school, whether the grade school is a public day elementary, middle, or elementary school or a private elementary, middle, or secondary boarding school. In the event any school staff or professional who shares information with any other students regarding said threats of suicide, suspicion of suicide or suicidal behavior of a particular student, shall be presumed to be a witness to the same. Any student who is in knowledge of or is a witness or is presumed to be a witness to the threats of suicide, suspicion of suicidal acts or actual acts of suicidal behavior who fails to report such to the head administrator of any grade school, in which such event occurs shall face automatic expulsion from said educational facility for a period of one whole calendar year. Said student, alleged to know of the same and is either a witness to the same aforementioned event that involves suicide of another student shall have the right to a hearing before the same aforementioned authorities who preside over expulsion cases involving rape, molestation, indecent assault, sexual assault, or other forms of sexual abuse, as previously mentioned in this Juvenile Violence Act. In addition to any expulsion on the school level in the matter regarding suicide of another student, said student, who is in knowledge of the same, either as a witness, or had information shared to them, thus presuming them to be a witness to the aforementioned matter may be subject to criminal prosecution in a juvenile delinquency proceeding in a juvenile court for their failure to report such to the school’s head administrator. In the case where the student is age 18 or older and is in knowledge thereof, or is a witness thereof, or who is presumed to be a witness thereof, by way of shared information shall in addition to any expulsion on the school level be prosecuted for failure to report said events involving suicide of another student to the head administrator of the school, where said event has occurred. Said student 18 years of age or older who fails to report incidents of threats of suicide, by another student or suspicion of suicidal acts by another student or actual suicidal behavior by another student to which they were either a witness to or are in knowledge of said event or who is presumed to be a witness thereof, by reason of information being shared to them by other staff members so employed at said grade educational facility shall be construed to be a felony and is punishable by a fine of $1,500.00 or by imprisonment in state prison for a period of 3 years or both, said fine and imprisonment. Any staff member employed in a grade school setting who knowingly fails to report the aforementioned, as proscribed in this act shall face prosecution for the offense of failure to report incidents of suicidal threats or intents of suicidal acts or suicidal thoughts of that of a minor grade school student to the aforementioned persons so stated in this act. Failure to report said shall be punishable by a fine of not more than $5,000.00 or imprisonment in a state prison for no less than 5 years, but, no more than 7 years, or both, said fine and imprisonment. Misleading incident reports with misleading and or incomplete information shall be construed to constitute violation of the aforementioned reporting requirements. For the purposes of this act, suicide shall also take into account, thoughts of suicide by a student so attending any grade public or private day elementary, middle, or secondary school or private boarding elementary, middle, or secondary school. Any staff member of the aforementioned grade school, who take it upon themselves to medicate any minor student said to have thoughts of suicide or is acting suicidal shall also be said to be in violation of the proscribed reporting requirements. Any guidance counselor, school psychologist, or school psychiatrist who fails to make out the proper reports and fails to report to the aforementioned people so designated in this act shall in addition to any school administrative action or criminal action or both, shall be said to face revocation of their professional licenses by the appropriate licensing authorities or boards that issued their license to practice said professions in the Commonwealth of Massachusetts. Said revocation of licensure proceedings by said professional boards shall be made in writing, detailing the allegations, the date and time of the hearing on the matter and the professional’s right to representation by counsel and the right to have witnesses present and to present evidence in their case. Upon a decision of the aforementioned professional board’s decision to revoke the license of any said school guidance counselor, school psychologist or school psychiatrist, said aforementioned professionals shall be also notified in writing of the decision made by the licensing board and the right to appeal said decision and the amount of time one has to request an appeal of said decision and also, their appeals procedures. In the event any staff member employed by a grade school in the Commonwealth of Massachusetts whom fails to follow the proper procedures In connection with a grade school students thoughts of suicide, threats of suicide, suspicion of suicidal acts or actual suicidal acts, shall be permanently terminated from employment at said grade school, where said incident is alleged to had happened and said staff member so terminated from any employment for not following the proscribed protocols in connection with issues of suicide by a grade school student cannot ever be employed into another grade school within the Commonwealth of Massachusetts. The same aforementioned failure to report suicidal thoughts, threats of suicide, or suspicion of suicide or actual suicidal behavior on the part of grade school administrators shall apply. In the event that the incident involves a special needs student or said grade school is designated as a special needs educational institution for grade school aged disabled or special needs students, the caseworker of the aforementioned disabled or special needs student shall also fall under the umbrella of the same aforementioned procedures and reporting requirements in connection with thoughts of suicide, threats of suicide, suspicion of suicidal acts or suicidal behavior of a grade school disabled or special needs student.

No school authority shall take it upon them self to medicate said suicidal student. Said medication shall be prescribed by a psychiatrist at the psychiatric facility that is not on the campus and has no affiliation of any grade school within the Commonwealth of Massachusetts. Upon the student’s return to said educational facility, from hospitalization, the aforementioned Individualized Behavioral Modification Educational Plan (IBMEP) shall be drafted and put into effect, and such plan shall include provisions for the student to continue their education until they leave or graduate, adequate supervision, and counseling services, which shall be conducted by a psychologist and a psychiatrist of the parent or guardian’s choice and that such treating doctors shall have no affiliation with any elementary, middle, or secondary educational facility in the Commonwealth of Massachusetts. Medication shall only be administered by the school under the direction of the treating psychiatrist, if he/she prescribes any psychotropic medications to the student, and must be done according to a written prescription in text format to the school nurse, and the school, must also have written permission from the child’s parents or guardian to administer psychotropic medication. Said medication, while the student is at a public or private day elementary, middle or secondary school shall only be administered by a school nurse and must be done so in accordance with the written prescription of the prescribing physician or psychiatrist and the written permission to do so, by the child’s parents or guardian. In the case of an elementary, middle, or secondary boarding school, psychotropic medication shall be administered in the same proscribed manner, with the same proscribed requirements, and during the school day, by a school nurse, when classes are in session, and after the school day, psychotropic drugs, if needed while the child is in their dorm or cottage, shall only be administered by the head housemaster or the head houseparent or the head housemaster, next in seniority or the head houseparent next in seniority. In the case where a student takes prescription drugs, whether psychotropic or any other form of prescription medication or over-the counter medications, the parents or guardian of the child shall have the right to designate, who, in seniority can administer the medication. In any event, a doctor’s order must accompany said permission of the child’s parents or guardian of the name of the cottage or dorm staff in seniority, or the head house staff, if so designated by the parent or guardian in writing. Each doctor prescribing medication to a live in grade school student, must write their orders in text format and a copy of said orders and written prescriptions, shall also be in text format. The written permission of the child’s parents or guardian to administer prescription and over-the counter medications, also baring the name of the house staff in seniority, so designated in said written permission to administer the medication to the student, the name of the student so be given medication, the name of the cottage or the dorm that the student resides in, along with all doctor’s orders and prescriptions in text format .shall be made copies of and placed on the student’s health files and a copy of the aforementioned documentation shall also be given to the head of the school, in the case where the grade educational institution is a boarding school. Any grade school aged student 18 years of age or older shall have the right to administer their own prescription or over-the counter or both medications in an independent manner, unless otherwise deemed temporarily or permanently mentally incompetent to do so by a court of law and is appointed a guardian by said court, as part of the incompetency decree. The same shall apply to boarding grade schools and special needs grade schools. in the case where a student 18 years of age or older is deemed mentally incompetent to administer their own medication and is appointed a guardian by a court, said guardian shall have the same permission rights as otherwise afforded to that of a minor grade school student. Said documentation of guardianship and mental incompetency declaration shall be placed on the health records of the student by the school nurse and a copy of all documentation shall also be given to the head administrator of the school, the student attends. Proof of age shall be shown upon the presentation of a long form birth certificate from the town where the student lives or was born. Said birth certificate proving age shall be put on file in the student’s health files and a copy of said shall be made and given to the head administration of the school the student attends. In the case of a special needs educational institution, said student must be trained on how to administer their own medication, starting on their 18’th birthday and that all reasonable accommodations must be made to afford the student, equal rights to handle their own medication on a level equal and comparable to that of other non-handicapped students. Said disabled student, at such time shall not have been declared mentally incompetent and appointed a guardian by a court of law at the time of administering their own medications. In the event a student is 18 years or older and is taking medications, along with the birth certificate, the student must also provide, in a text written format the doctor’s orders of how the medication is to be administered, and any written prescriptions, which also must be written in text format and copies of all the aforementioned information shall be given to the school nurse or school health department and the head administrator and a student 18 years of age or older shall have the same copy of said doctor’s orders and written prescriptions on hand themselves. In the case where said student 18 years or older is attending a grade boarding school, whether said be a regular prep school or that of a special needs school, within the Commonwealth of Massachusetts, shall be provided a safety locked box, in which to store their own medications in. The same provisions shall also apply to the taking of Over-The Counter medications. In the case where said medications need to be refrigerated or frozen, said boarding school shall also provide said student 18 years of age or older with a portable refrigerator that can be stored in their own room and that can be locked with a padlock or a pad combination lock.

In the event that head administrator of any elementary, Middle, or secondary school hands down the proscribed suspension on a Friday, the suspension is said to commence on Monday and conclude in ten academic days from the Monday, which, the suspension is commenced to be served.

The principal or the superintendent or headmaster of a public elementary, or middle or secondary or the director or the president, in the case of a private elementary or middle or secondary day or boarding school shall have both of the parents, and the victim of said rape, molestation, indecent assault or other forms sexual abuse, and both of the parents of the perpetrator present in a parent conference to the allegation of the aforementioned matter and schedule that a hearing be held within 10 days of the allegation of said rape, molestation, indecent assault or other sexual abuse. Present at said hearing on the allegation of rape, molestation, indecent assault or other forms of sexual abuse, shall be the victim alleging said acts, their parents, and an attorney of the victims’ parent’s choice, and the attorney representing the above mentioned school and the alleged offender, their parent and attorney of the parent of the alleged offender’s choice. Both parties shall have the right at said hearing to present witness testimony and evidence to support their case. The hearing in the case of a public or private elementary, middle or secondary day or boarding school shall consist of the school’s principal, who shall preside and hand down disciplinary actions regarding rape, molestation or attempted molestation or both, and two members of the town’s school district, which the student attends, which shall include the super intendent and the chair of the school district’s school committee and one other member of the school committee who shall determine the guilt or innocence of the student who is alleged to have engaged in rape, molestation or attempted molestation, or indecent assault, or any other form of sexual abuse, or both or all of the aforementioned offenses or in the case of any private elementary, middle or secondary day or boarding school, the school’s head administrator who is either the principal or director or the president of said private day or boarding school on the elementary or middle or secondary school level and two of the above-mentioned chair person one other member of the school district’s school committee or two members of the school’s board of trustees. The head administrator of said private day or boarding elementary or middle or secondary school shall have the same said authority as the public schools would otherwise have in cases of rape, molestation or attempted molestation, and the two members of either the school committee or the board of trustees would hold the same proscribed roles in determining the guilt or innocence of a student in an alleged rape, molestation or attempted molestation, or indecent assault or any other forms of sexual abuse case.

In the case of an expulsion proceeding for alleged sexual abuse or rape, committed by a minor Student, who is 12 years of age or older, requisite state of mind must also be taken into consideration and must be determined based on the offender’s Intelligence test, which determines developmental disability, defined as an I.Q of 75 or under, and the child’s capacity to appreciate right from wrong. Both a school psychologist, and a psychiatrist who the parent must bring the child to, and that said psychiatrist must be from a hospital setting outside of the school setting shall perform this testing and evaluation. Such evaluation must also be seconded by a psychologist or a mental health professional at said psychiatric hospital or facility not affiliated with any school system within or without the Commonwealth of Massachusetts. The aforementioned psychiatrist and the psychologist who seconds said evaluations shall not be employed by any school district and not have any affiliation with any schools, whether public or private.

said offender shall be required to accompany their parent(s) or guardian until he/she reaches the age of 18 at the conclusion of the school day at Whichever new public or private day elementary or middle or secondary school he or she may Attend, and, or at the conclusion of any extra-curricular activities, or sports, or practice, or special religious instructions or any other instructions, or all of the above, which the offender may be involved in. said alleged offender shall also upon referral of the incident to Department of Children and Families, be turned over to the juvenile authorities who may in addition to any expulsion or child must accompany parent proceedings bring about formal criminal action alleging said rape, molestation, indecent assault, or sexual abuse committed by a minor who is 12 years or older. In the case where said minor who is alleged to have committed rape, molestation, indecent assault or sexual abuse onto another minor child and the offender is 15 years or older, the juvenile court shall have said offender treated as an adult in the adult criminal court system. The offender who is over 15 and has been found guilty of rape, child molestation, indecent assault, or attempted molestation or any other act of sexual abuse, committed onto another person shall be subject to imprisonment in the appropriate state prison facilities for the amount of time as deemed under applicable state law, and the imprisonment term shall be commensurate with the offence the offender has been found guilty of in an adult criminal court. At the conclusion of said imprisonment, said offender must register as a sex offender with the Board of Registered sex Offenders as deemed under applicable state law. A juvenile 15 years of age, up to the age of 18, who receives a life sentence for child rape, or child molestation shall have a chance at parole. A minor who is under the age of 14 shall not be required to register as a sex offender with the Board of Registered Sex Offenders. Any student 14 or over the age of 14, who is required to register with the Board of Registered Sex Offenders must do so upon completion of their sentence to a juvenile detention center or a jail. Any minor child age 12, but under the age of 15 shall be treated as a juvenile in criminal case alleging rape, indecent assault, sexual assault or other forms of sexual abuse in a juvenile court, which shall hold juvenile delinquent proceedings in such juvenile criminal matters alleging sexual abuse.

Students alleged to have been an offender of rape, molestation, attempted molestation or any violent acts of bullying, or hazing activity or any violence in connection with said rape, molestation, attempted molestation, or indecent assault shall not remain on school premises and must be suspended interim said hearing on said allegation of rape, or child molestation, or attempted molestation, or indecent assault, or acts of physical, or sexual abuse or verbal violence, or all of the aforementioned offense, In the alleged commission of said offense or offenses, until said case has been disposed of. This provision shall also include bullying and hazing activities where violence or a sex offense is associated with said bullying or hazing activity.

Said alleged student offender must than accompany their parent(s) or guardian while the case is pending and said alleged student offender must have his/her school work with them at all times, as it shall also be the requirement of the child’s parent(s) or guardian to go to the school and pick-up the child’s school assignments. In the case of an elementary or middle or secondary boarding school, the alleged offender’s parent(s) or guardian must remain with the child in a place designated in the town of the boarding school and by said boarding school which the alleged offender attends to facilitate the child’s receiving of their school work pending the outcome of said case of rape, child molestation, attempted molestation, indecent assault, sexual abuse, or sexual acts that involve verbal, or emotional violence, or both, or in a case where an alleged offender 12 years or older, up till the age of 18 has engaged in violent physical or verbal abuse or both onto another student. It shall be the responsibility of the boarding school to put the parent(s) or guardian and the alleged offender up, pending said hearing on the above-mentioned matter. If at the conclusion of said hearing, the student age 12 or older and has been found not guilty on the school level the parent(s) or guardian of the alleged offender shall be re-imbursed by the school for all of the accommodations regarding the overnight and boarding costs of both the alleged student offender and the parent(s) or guardian of the alleged offender. In the case where the alleged student offender has been found guilty, it shall be the responsibility of the parent(s) or guardian of the student to re-imburse the school for the costs associated with the overnight accommodations and boarding charges. This provision shall apply to students who are 12 years of age up until they reach the age of 18 years of age, of which at such time, it shall be the sole responsibility of the student found guilty to re-imburse the boarding school for all costs associated with accommodating the student during the pending of said sexual abuse or alleged violent acts alleged to have been committed. The aforementioned boarding charges shall not apply when the offending student has left the educational facility on a voluntary basis, without graduating high school. In the event that said offender who is 18 years of age or older and is developmentally disabled, the same parent(s) or guardian accompaniment provisions shall apply and that the parent(s) or guardian of a developmentally disabled student offender shall have the same responsibility of footing the boarding and accommodations costs, in connection with the aforementioned pending case. In the case where the developmentally disabled student has been deemed not to have engaged in said aforementioned offenses, the parent(s) or guardian o f the developmentally disabled student shall have the same said right to re-imbursement for costs associated with the accommodations of boarding costs in connection with said pending case the offense has alleged to have occurred.

For the purpose of the proscribed hearing and due process and accommodations provision of this act, a parent shall be defined as a student’s biological mother and father, step mother or step father, custodial parent in the case of a separation or divorce decree, a grandparent as a parent or an adopted mother and father or a guardian appointed for the care of the minor child by a family and probate court. The same aforementioned definition of parent or guardian shall apply to the whole Juvenile Violence Act in its entirety.

In the case where a student who is developmentally or psychiatrically disabled, and does not have the intelligence to know right from wrong, or a child who does not know right from wrong, when it is found that he had committed said rape, molestation, or any other form of sexual abuse, or acts of physical or verbal or sexual violence towards another student or a staff member employed in the aforementioned educational facility, said developmentally or psychiatrically disabled offender shall be rendered mentally unsound on the school level and must be removed to another day educational institution, where the offense had not taken place, and that is staffed in a psychiatric facility and is to be in constant supervision throughout the day. The same shall apply to an insane student who does not have the mental capacity to know right from wrong, as a result of a psychiatric disability or mental illness. Said educational institutions for criminally insane students and special needs students who commit acts of rape, molestation, or other forms of sexual abuse, or physical or verbal or sexual violence shall be near a psychiatric hospital. This shall be construed to mean civil commitment, and shall be construed to hold a mentally disabled minor child who has committed acts of rape, molestation, attempted molestation, indecent assault or other forms of sexual abuse or acts of physical, or verbal, or sexual violence to the same level as any other non-mentally handicapped juvenile sex offender or violent offender. Said removal or civil commitment shall remain in effect, pending an Individualized Behavioral Educational Plan Meeting (IBMEP) meeting. Said plan of Individualized Behavioral Modification Educational Plan (IBMEP) shall include in it, the academic and other curricular requirements that the student must follow for promotion leading up to graduation from High School. In the case of disabled or special needs students, reasonable accommodations to achieve his/her educational goals shall also be included in said IBMEP. The aforementioned Individualized Behavioral Modification Educational Plan (IBMEP) meeting shall be deemed as a core evaluation or a termination meeting, or both.

In the case where developmental or psychiatric disability is raised, the school which the alleged sexual or violent offender has been deemed to be developmentally or psychiatrically disabled, the school must establish within two weeks of the finding of developmental or psychiatric disability, an Individualized Behavioral Modification Educational Plan, (IBMEP), in which both the victim and their parents in the case of the victim being under the age of 18 years of age shall have a right with the presence of counsel of the victim’s parent’s choice to file a petition as a stakeholder to an Individual Behavioral Modification Educational Plan meeting, (IBMEP). The alleged offender’s caseworker shall be in receipt of this petition upon coordination of the meeting and must allow the victim, their parent(s) and counsel of their choice to attend the meeting, unless said attendance has the potential of causing harm to life or body of any of the attendees. In the case where the victim is 18 years of age or older, said victim shall have the right to counsel of their choice in filing the above mentioned stakeholder’s petition to the Individualized Behavioral Modification Educational Plan Meeting, (IBMEP), unless such attendance shall cause harm to life or body. The caseworker of the alleged special needs offender must demonstrate that such attendance of the victim and their family or the victim him/herself or the offender and their family or the offender him/herself is detrimental to the meeting based solely on safety to life or bodily Injury after said caseworker of the alleged offender has taken every step possible, including but not limited to court ordered medicating of the alleged offender or victim prior to the above mentioned Individualized Behavioral Modification Educational Plan Meeting, (IBMEP)and the rescheduling of the aforementioned meeting. Present at said Individualized Behavioral Modification Educational Plan meeting, (IBMEP), shall include the alleged offender, their parent(s), counsel of the offender’s parent’s choice, or in the case where the offender is 18 years of age or older, the offender him/herself and counsel of their choice, the victim of such sexual abuse or any violent act alleged to have been committed by the developmentally or psychiatrically disabled individual, counsel of the victim’s parent’s choice, or in the case where the victim is 18 years of age or older, the victim, him/herself, counsel of choice, the offender’s teachers and caseworker, a person from the town where the offender is originally from, a school psychologist and psychiatrist who performed the original evaluation at the aforementioned psychiatric hospital, and the seconding psychologist from the aforementioned psychiatric hospital where the original impartial evaluation took place, to reveal the intelligence test of the offender and any and all behavioral problems connected with the offender, and, the principal or the president of the school, where the offense has alleged to had taken place, and the staff of the new educational facility, which the developmentally or psychiatrically disabled offender will be attending at said Individualized Behavioral Educational Plan (IBMEP) meeting to coordinate and write into effect the plan of the offender prior to permanent removal from the educational facility where the offense originally took place. The said IBMEP requirements shall hold true for any developmentally or psychiatrically disabled student or any behaviorally disabled student, who has been known to have a history of engaging in any form of physical or emotional violent acts, including but not limited to hazing or any form of sexual deviant behavior, including, but not limited to rape, indecent assault, sexual assault or any other forms of sexual abuse, shall apply. In the case where the alleged offender or the victim or both are deemed developmentally or psychiatrically disabled, present at the Individualized Behavioral Modification Educational Plan (IBMEP) meeting, the developmentally or psychiatrically disabled persons’ guardian and counsel of the appointed guardian’s choice shall be present at said Individualized Behavioral Modification Educational Plan (IBMEP) meeting. In the case where the school denies a victims’ petition as stakeholder to an Individualized Behavioral Modification Educational Plan (IBMEP) meeting, the school must put in writing that all steps had been taken to prevent safety to life or bodily injury concerns as the sole reason for denial. Confidentiality shall be barred as a defense to said denial of a petition of stakeholder to an Individualized Behavioral Modification Educational Plan (IBMEP) meeting. Any school who knowingly denies a stakeholder’s petition to an Individualized Behavioral Modification Educational Plan (IBMEP) meeting on the grounds of school internal policy or confidentiality, or in any other manner deemed unlawful, to keep the offender improperly supervised or in the school setting in an attempt or knowing manner, which allows said acts to continue without proper supervision or behavioral modification, with the exception unpreventable jeopardy to the safety of all parties involved. Said denial of an Individualized Behavioral Modification Educational Plan (IBMEP) meeting shall cause to accrue an action against the alleged offender for civil commitment to a psychiatric facility within the Commonwealth of Massachusetts, of whom the victim, their parents and counsel of their choice in the case where the victim is under the age of 18, shall have the right to pursue in a court of law. In the case where the victim is 18 years of age or older, the victim and counsel of the victim’s choice shall have the same said right to pursue civil commitment of the offender to a psychiatric facility in a court of law, with the exception of a developmentally or psychiatrically disabled person who is 18 years of age or older and has been appointed by a court, guardianship. In such case, the victim’s appointed guardian and counsel of the guardian’s choice shall have the same right to petition a court of law for civil commitment of the alleged developmentally or psychiatrically offender. The same stakeholder rights to an Individualized Behavioral Modification Educational Plan(IBMEP) and civil commitment rights shall be honored to any employee of a school setting who is a victim of said violent acts of a developmentally or psychiatrically disabled student, even though they have no direct contact in educating the developmentally disabled student. Said employee need only be a victim of said violent acts committed by said developmentally or psychiatrically disabled student(s). Written notice of the date, time, and the people to be in attendance at an Individualized Behavioral Modification Educational Plan (IBMEP) shall be given to the aforementioned parties and victim stakeholders involved in such meeting by the school’s principal or in the case of a private day or boarding grade school, the principal, or the director, or the president of said private day or boarding school. In the case where a victim or the victim’s parents or guardian files a petition for civil commitment to a psychiatric facility of the aforementioned developmentally or psychiatrically disabled offender of a violent act or sexual abuse, notice shall be served by the sheriff’s department that such petition of civil commitment petition has been filed to all parties, including the offender, the victim or their parents or guardians of both the offender and victim, any witnesses such as psychiatric staff, counsel so chosen by both parties to represent them in said civil commitment proceedings, and all other parties who had attended the said offender’s original Individualized Behavioral Modification Educational Plan (IBMEP) meeting on the matter. Said notice shall include the date and time of the civil commitment hearing, the alleged offense, to which a victim or their parents or guardian are seeking civil commitment against the offender for and any other due process rights the parties have during said proceedings. Counsel of both the victim and the offender’s choice or that of the parents or guardians’ choice of both the offender and the victim shall be provided by the school district where the developmentally or psychiatrically disabled student offender of said violent or sexual abusive behavior originally lives and shall be provided for the Individualized Behavioral Educational Plan (IBMEP) petition and meeting or civil commitment petition and hearing or both. counsel representing both sides shall only be paid reasonable and approved attorney’s fees as approved by the town or school district where the aforementioned developmentally or psychiatrically disabled student so deemed to have engaged in said violent or sexually abusive behavior originally lives. All the aforementioned Individualized Behavioral Modification Educational Plan (IBMEP) meetings so stated in this act shall be held in a “sequestered” manner, and the doorway where said meeting is taking place shall have a sign posted that sates, “This Is A Sequestered Meeting,” No one with except the participants involved in such allowed. The no one allowed provision shall apply to staff or students who are not stakeholders of said Individualized Behavioral Modification Educational Plan (IBMEP). Individualized Behavioral Educational Plan (IBMEP) meetings on the grade school level, whether public or private day elementary, middle, or secondary schools or private boarding elementary, middle, or secondary boarding schools shall apply to students who have reached the age of 7-years-old and in the case of a sexual offense, 12 years of age or older, until graduation from High School.

In the case where civil commitment is sought and granted, the school where the offender had previously attended and where the offense had taken place, a person from the offender’s town and an evaluating psychologist and psychiatrist, who has no affiliation with any schools or school districts within the Commonwealth of Massachusetts shall appear in court, along with the victim of said sexual or violent offense, counsel of both the victim and the offender’s choice to draft an Individualized Behavioral Modification Educational Plan, (IBMEP). Such plan must be incorporated into the decree of civil commitment to a psychiatric facility. In the case where the victim and their parents in the case where the victim of such violent acts or sexual abuse committed by a developmentally disabled student or in the case where the victim of such violent act or sexual abuse committed by a developmentally or psychiatrically disabled student, or the appointed guardian of a victim 18 years of age or older due to developmental disabilities, expresses dissatisfaction to an Individualized Behavioral Modification Educational Plan (IBMEP) on the part of the school where the offense had occurred shall cause to have said developmentally or psychiatrically disabled offender civilly committed to a psychiatric facility within the Commonwealth of Massachusetts. The same Individualized Behavioral Modification Educational Plan (IBMEP) process in said court of law shall apply. The same aforementioned Individualized Behavioral Modification Educational Plan (IBMEP) and civil commitment procedures shall apply to students who have been deemed psychiatrically disabled and who commit sexual abuse or other forms of violent acts. Said civil commitment proceedings, including an Individualized Behavioral Modification Educational Plan (IBMEP) proceedings in a court of law shall be deemed a “sequestered hearing” and signage on the door of the courtroom where said is taking place shall state so.

In the event that a child of puberty age is to receive surgery or medical treatment on the anal or reproductive organs of the human body, which shall include but not be limited to the testicles, the Virginia, the ovaries, or the penis, including but not limited to circumcision, the student’s medical leave from a grade boarding school shall be said to commence two weeks prior to said medical procedure. At the time of such leave, the effected student so having such reproductive surgery or medical treatment shall be seen by the physician performing the treatment or surgery, who must in turn explain to the child of puberty age the part of the reproductive or private organ(s) of the human body that is being operated on or treated, by use of a manikin or a paper doll that displays the parts of the human body. Upon completion of said explanation of what is being operated on or treated, the child of puberty age must be evaluated by both a psychiatrist and a psychologist who is either in private practice or at a hospital that specializes in psychiatric care. Neither the psychiatrist nor the psychologist shall not be affiliated or employed by any grade school, including but not limited to a day public or private elementary, middle, or secondary school or an elementary, middle or secondary boarding school. Included in said written evaluation, shall include whether or not the child of puberty age understands what is happening to the reproductive or private parts of their body and any behavioral issues that might be associated with said treatment or surgery. All shall be done in the accompaniment of the child’s parent(s) during such visits. A copy of the written explanation of the procedure from the physician performing the procedure and the psychiatric evaluation shall be given to the parent(s) or guardian o f the child.

Upon completion of said medical procedure, said student shall remain absent from his/her school for an additional academic week, which runs from Monday-Friday and said school where the student attends must provide during such medical leave, alternative ways for the child to receive their educational material during their medical leave of absence, whether it be the provision of a tutor, permission for the parent or guardian to home school the child during such time of medical leave or online participation in said lesions taking place during said medical leave. In the case where a child is disabled, a written plan of reasonable accommodations must be drawn up one week prior to the medical leave and implemented during such medical leave.

Upon the return of the student from said medical leave, the school, whether public or private day elementary, middle, or secondary school or a private boarding elementary, middle, or secondary boarding school shall develop an Individualized Behavioral Modification Educational Plan (IBMEP) pursuant to a follow-up psychiatric evaluation to occur post operative by the aforementioned psychiatric and psychological staff who is either in private practice or works at a hospital that specializes in psychiatric care and is not employed or affiliated with any grade school system, whether public or private. Said follow-up evaluation shall be done by the same medical staff that performed the first evaluation of the child prior to the procedure. Said follow-up evaluation shall be reduced to writing and a copy shall be handed to the child’s parent(s) or guardian and another written copy of the first and follow-up evaluation shall be presented to the caseworker or the principal and school nurse to which the student is to return. Said Individualized Behavioral Modification Educational Plan (IBMEP) shall be held on the first day of the student’s return to school from said medical leave and implemented within the second academic day of the student’s return. There shall also be included in said Individualized Behavioral Modification Educational Plan (IBMEP) a provision for supervision of the student and that such supervision shall remain in effect throughout the remainder of the academic year, in which the procedure on reproductive or private organs of the student had occurred. This shall hold true, whether or not the educational facility is a day public or private elementary, middle, or secondary day school or a private elementary, middle, or secondary boarding school.

In the case where said student returns from the aforementioned medical leave as a result of treatment or surgery on the human reproductive system or the private parts of the human body to a private boarding elementary, middle, or day boarding school, present in the Individualized Behavioral Modification Educational Plan (IBMEP) language shall include a written provision that said student shall not room with any other student during the remainder of the academic year and that the student shall be roomed with either a female staff member, in the case where the child is a female or a male staff member where the child is male, who has been thoroughly CORIED and SORIED in all states, including on the national level. Said staff member so rooming with the student must be shown to the parents or guardian of said child to have no criminal offenses against children in all states, including on the federal level and no sexual offenses and are not registered on any state’s sex offender registry and that of any sex offender registry on the federal level. In either case, where there is established an Individualized Behavioral Modification Educational Plan (IBMEP), the treating psychologist or psychiatrist, or both shall not be affiliated what so ever with any grade public or private day elementary, middle, or secondary school or any elementary, middle, or secondary boarding school.

In the event that there is no staff at the elementary, middle, or secondary boarding school that can adequately room with a student who has returned into said boarding school from a medical leave as a result of treatment or surgery on the child’s reproductive or private parts of their human body, the parent(s) or the guardian of the child shall be permitted to room with their child for the remainder of the academic year and that said boarding school shall only charge to the student’s town which they reside, twenty percent (20%) of the tuition to cover the costs of room and board and that this rate shall be prorated in proportion to the academic year, that remains upon the student’s return from their medical leave. These provisions shall be construed to deal with planned and preventative surgery or treatment or both of the puberty aged student’s reproductive or private parts of the human body.

In the event that an emergency situation arise that a child of puberty age require medical treatment or surgery or both to their reproductive private organs of the human body, said puberty aged child shall in the case of a day public or private elementary, middle, or secondary school or that of a private boarding elementary, middle, or secondary boarding school be placed in the office or infirmary of the school nurse until the parents arrive to pick-up the student to have said emergency treatment or surgery done on the aforementioned child’s reproductive or private organs of the body. In the case of a boarding elementary, middle, or secondary boarding school, the student requiring said emergency medical treatment or surgery on the aforementioned reproductive or private organs of the body shall be housed in either the school’s nursing station or in their cottage in one of the designated “infirmed” areas with thoroughly CORIED and SORIED staff members who live in the dorm where the student resides until the parent or guardian of the child arrives to pick-up the student to have said emergency medical treatment or surgery performed on the puberty aged child’s reproductive or private organs of the human body. This emergency provision shall take effect when the child or a qualified healthcare professional has found either a lump or another form of irregularity of the puberty aged child’s reproductive or private organs of their body. Said emergency medical leave shall be construed to last one (1) month to six (6) weeks and that the same evaluation, educational and Individualized Behavioral Modification Educational Plan (IBMEP) provisions shall apply. Upon return of the student into the school setting, the same supervisory and tuition provisions to the student’s parent(s) or guardian, should such have to remain with the student during the remainder of the academic year to provide in-house supervision of said child who is a residential student of an elementary, middle, or secondary boarding school. The school may charge either the student or the parent(s) or guardian of the student, or all of the aforementioned student, parent(s) or their guardians for any intentional damage done to the premises of the school or that of the school’s property. The collection of damages provision shall apply whether the student has returned from a planned medical leave in conjunction with having preventative treatment or surgery on their reproductive or private organs of the body or that of an emergency medical leave for emergency medical treatment or surgery or both to their reproductive or private organs of the human body. The same aforementioned requirements shall also apply to special educational facilities that specializes in the education of disabled or special needs children, whether the facility that specializes in special needs education of the disabled is a private day elementary, middle, or secondary school or a boarding elementary, middle, or secondary boarding school, providing specialized educational services for children with special needs or disabilities or both.

In the case where the student has been found guilty of a sexual offense in a boarding elementary, middle, or secondary boarding school and is expelled for said sexual offenses, the new educational facility the student attends shall not be a boarding school, whether within or without the Commonwealth of Massachusetts.

In the case of an elementary or middle or secondary boarding school, in the Commonwealth of Massachusetts, including but not limited to that of special needs boarding schools where special education for persons with disabilities is provided; a head housemaster or head houseparent shall have on hand a master key to the bedrooms of the sleeping quarters of each student. When the head houseparent or head housemaster is not on duty, said master key to the bedrooms of the sleeping quarters shall be handed to the houseparent or house master that is next in seniority and a carbon copy of said master keys shall be made available to fire, police, or rescue personnel. The head housemaster or head houseparent along with the director or president of said elementary, middle, or secondary boarding school shall promulgate policies as to when students attending said elementary, or middle, or secondary boarding school may enter their bedrooms in the sleeping quarters and that such policies must include a provision that said attending students may not enter their bedrooms in the sleeping quarters during daylight hours, unless in the accompaniment of the head housemaster or any other house staff next in seniority, or staff member who shall after the student has vacated his/her sleeping quarters for the school day, by use of a walky talkie, or cordless phone, or a cell phone contact the head housemaster, or the houseparent or house master, who is next in seniority to come with the master key to lock up the student’s bedroom in the sleeping quarters for the day until permitted back in to their bedrooms in the sleeping quarters as designated by school policies and applicable law. For the purposes of this act, a junior houseparent or housemaster shall be defined as a person over the age of 21-years-old and must be enrolled in a master’s degree program, where their major is in the field of childhood education on the grade school level, or in master’s degree program with a major in special needs, including, but not limited to teachers for the blind or visually impaired, an orientation and mobility instructor, a physical therapist, an occupational therapist, a math or language teacher, including, but not limited to English, a math teacher, or a physical education teacher. Said junior houseparent or housemaster must undergo a background CORI and SORI check and must have no record of convictions of criminal offenses on a child under the age of 18 and said staff member working in said cottage or dorm shall also not be registered as a sex offender on any state or federal board of registered sex offenders. A senior houseparent or head housemaster and a head houseparent or head housemaster shall be at the age of 35-years of age or older at the time of taking said position. The same background CORI and SORI checks shall also apply to staff who is applying to be senior or head staff in a cottage or dorm in a grade school on the elementary, middle, or secondary level. All staff members working in said dorms or cottages must be paid salaries commensurate with experience and said hourly pay must be above state and federal minimum wage requirements. Any staff who has issues with pay or workload must present themselves to the school administration of said boarding school, and said administration shall have an open door policy to allow for staff to discuss employment or pay issues, free of retaliation for doing so. Any administrator who engages in retaliation based solely on the basis of employment or pay issues with cottage or dorm staff shall face a fine of not more than $2,000.00 or imprisonment in a state prison for no less than 3 years, but, not more than 5 years or both said fine and imprisonment. All staff working in cottages or dorms of a boarding school on the elementary, middle, or secondary level shall undergo drug testing and alcohol testing, as sobriety, and unimpaired mental state and maturity shall be deemed an essential duty and function of their job duties. Providing adequate supervision of school aged students in an elementary, middle, or secondary boarding school shall also be deemed an essential function and duty of their job. No staff member working in a dorm or cottage shall be involved in personal activities, including, but not limited to studying, or panning any family events, with the exception of an emergency or death of a family member, unless at the time of said personal activity, they are off duty or have a day off or both. Said personal activity of cottage or dorm staff must take place in a private location, either in their bedrooms, which shall be deemed their sleeping quarters or at their home or at the college or university they are attending to receive their master’s degree in said field of education of school aged or special needs children. Any on duty study of a cottage staff member, in the field of education shall take place as a teacher trainee or internship in a classroom setting. All staff members working in a cottage or dorm setting must also have been certified in first aid and CPR by the American Red Cross, prior to employment.

Any first aid, or CPR, or rescuing of injured victim training of minor child who is of school age shall be administered by the head of physical education or a school nurse or the local fire department where the public or private day elementary, middle, or secondary school or any private boarding elementary, middle or secondary school. Said training must be done via the use of either a manikin of a human body that is not real, but contains the body parts of a real human or by use of a paper doll that replicates a real human being and the body parts thereof. In the case of disability, whether blind or sight impaired or partially sighted, a manikin replica of the real human body that has tactile features shall be used in said first aid, CPR, or rescue training. No cottage or dorm staff shall engage in this type of training nor organize any first aid, CPR, or rescue clubs or any real life first aid, or CPR, or rescue missions, whether on or off campus. The aforementioned first aid, CPR, or rescue clubs at a school, or any real life first aid, CPR, or rescue missions shall be conducted by the head of physical education, a school nurse or the local fire department where said school is located and that said organizers shall be present at all times during such activity involving minor students. Establishments of said clubs or missions shall be placed into writing and that any school aged student and their parents or guardian must sign an anti-hazing and anti-sexual abuse and an anti-bullying and a statement that they will not engage in any form of violent or threats of violence against another student or staff member. All shall be included in this agreement. All said documentation shall be handed to the head administrator of any public or private day elementary, middle, or secondary school or any private boarding elementary, middle, or secondary school. The same anti-hazing and anti-sexual abuse, and anti-bullying and the same statement that said statement that the students will not engage in any threats of acts of violence onto another student or staff member statement and signatures to the same aforementioned documentation of the student and their parents or guardian shall also be required to any grade school aged student joining any other extra-curricular activities or organizations that said grade school offers on the grade school level. The head administrator shall have on hand at the beginning of each academic year and throughout each academic year a list of all organizations and extra-curricular activities being offered to grade school students and must also send a copy of said lists to all of the parents or guardians of school aged children. Included in that list must also include the names of the staff members who will be running said extra-curricular activities or school organizations and the job tiles of the staff members doing so. Any extra-curricular activities that involve performances during the evening hours shall be said to conclude at 9:30:00 PM on academic nights and on weekends, 10:30:00 PM on. All students involved in said extra-curricular activity shall be back on campus in the case of a boarding grade school no later than 11:00:00 PM on academic nights and on weekends, no later than 12:00:00 AM. In the case of a day grade school, whether public or private, the same curfews as it relates to extra-curricular activities shall apply. Parents and guardians of grade school students must be notified 2 academic weeks in advance of such evening time extra-curricular activity taking place away from the school premises. No staff members running the aforementioned extra-curricular activities shall entertain students in their homes. Any cast parties or after parties must be held at either the school’s campus or at the place where said performance is being performed and must not include any alcoholic beverages or any kinds of illegal drugs.

Notwithstanding any school policy, or any to the same effect, sexual educational training in all grade schools, whether public or private day or that of a boarding school, to minor aged students so in attendance in said grade schools, shall be administered by either the head of the school’s physical educational department, or a school nurse or the school’s physician. No other staff member employed at said grade school other than the aforementioned head of physical education, or school nurse or school physician shall have this authority. In administering sexual educational instructions to students on the grade school level, the staff so administering said training may only use manikin replicas of the real human body or paper dolls that replicate the real human body. In the case of administering sexual educational training to disabled, or special needs, or blind or visually impaired or partially sighted students, manikin replicas that can be felt tactilely shall be used to facilitate a reasonable accommodation in administering sexual education to the aforementioned disabled or special needs student. In the case where a student is deemed developmentally disabled, the aforementioned staff members so designated to administer sexual education to a developmentally disabled student must do so at the developmental age, and not the physical age of said developmentally disabled student. The same tactile manikin replicas of the human body shall be used in said training. Prior to any student entering a sexual educational program, whether disabled or not, consent to doing so must be obtained by the student’s parents or guardian, and as part of said consent allowing their son or daughter or the child to which they care for to participate in sexual educational training, the parent or guardian and the student must sign an anti-sexual abuse agreement to be handed to the head administrator of the school, and a copy of said consent and agreement must also be given to the instructor administering sexual educational training. Such agreement and consent to sexual educational training must be signed in the presence of a notary of the public and returned 10 days prior to the start of classes the academic year in which the student will be participating in said sexual educational training. Any parent who does not give said consent and does not sign in the presence of a notary of the public consent and the anti-sexual abuse agreement and does not have it returned to the head administrator of the grade school where the instruction is to be administered, shall bar their student from participating in sexual educational training until the following academic year, when said consent and anti-sexual abuse agreement has been signed, notarized and presented to the head administrator of the school. At the beginning of any sexual educational class, (the first day of), each student participant must be informed in writing by the administering instructor that any acts of sexual abuse onto another student or staff member constitutes mandated expulsion as so proscribed under this Juvenile Violence Act and that said student who engages in such may be subject to criminal prosecution and other civil liabilities in addition to any action taken on the school level. The student so participating in sexual educational training must also be advised by the staff member having the authority to administer sexual education that should a victim of sexual abuse first disclose an allegation of sexual abuse by a student years later, even after they had left or graduated, that said matter will be forwarded to the Department of Children and Families, in the case where the victim was a minor at the time and that such matter has actually alleged to occur on the school level will also be referred to the school’s alumni association’s board of directors, upon first disclosure and that if said aforementioned board of directors finds the student(s) guilty of any form of sexual abuse, that they will be expelled from campus visits and in loss of good standing despite any diplomas and academic or awards they had received for their academic performance or that thereof in extra-curricular activities while in attendance at said grade school. The same aforementioned requirements shall also apply to grade private day or boarding schools or grade schools that specialize in education of the disabled and special needs grade school students.

The locks on each student’s bedroom shall consist of a lock on the outside doorknob itself, with on the inside of the door of the student’s bedroom, containing a latch in the inner doorknob that can be easily turned and opened in the event of a fire. The parents of each student attending said elementary, or middle, or secondary boarding school in the Commonwealth of Massachusetts shall at the beginning of each academic year receive from the director or the president of said elementary or middle or secondary boarding school a copy of the schools’ policies regarding student entry and vacating of their bedrooms in the sleeping quarters during school hours. The boarding school’s administration shall also have the duty of promulgating policies as to when the students can and cannot be in the dorms or cottages and also must include in its policies provisions for inclement weather or what occurs when a student is sick. In the case of a student being sick, the elementary, or middle, or secondary boarding school shall have three rooms designated as “infirmed rooms,” which can only be entered by thoroughly CORIED and SORIED staff members, or the town’s police department or the fire department in the district where the boarding school is located or trained EMT’S or ambulance crews to remove the “sick” person to a hospital. A parent or family member 18 years of age or older, as designated by the parent as to who will be caring for the child in the event of the parent’s death shall also have entry to the “designated infirmed” rooms in each dorm, which shall be monitored with updated video surveillance cameras in the hallways outside and within the areas of the “infirmed” rooms so designated in each dorm to monitor for appropriate or inappropriate entrances and exits by other students or staff. At least one of the designated “infirmed” rooms shall be located on the first floor to accommodate students with physical disabilities. There shall also be updated video surveillance equipment surrounding the entire sleeping quarter’s common area to monitor for appropriate or inappropriate entries and exits of the sleeping areas by students or staff. Both parents and students shall be made aware in writing by the administration of a boarding school that each dorm is equipped with video surveillance in both the hallways near the “Infirmed Rooms,” and the common areas of the sleeping quarters in each dorm or cottage, where the students reside during the academic year. There shall be no video surveillance equipment located in the bedrooms or the bathrooms that students or staff uses unless a warrant to do so is sought from a court of law by law enforcement and or the family of an alleged victim of sexual abuse or violent crime, based on probable cause that a crime has been committed. Such video surveillance equipment in student or staff bedrooms or student or staff bathrooms shall only be used for investigation of criminal activity. At the conclusion of said criminal investigation, said video surveillance equipment must be uninstalled from the bedroom or bathroom that is in question by law enforcement authorities. Signage that the common areas (hallways) of the sleeping quarters are under video surveillance must be posted on the wall in a reachable place, so that students with disabilities can be able to read them. Said signage shall also be made in Braille or large print or in audible format, when technology advances to a point that such signage can be obtained in a cost effective manner. Updated video surveillance equipment must also be placed in the hallways and common areas of all school buildings where classes and instruction are being taught or administered. The same signage requirements shall apply. This shall be true for all grade schools within the Commonwealth of Massachusetts, whether public or private day or private boarding schools. Video surveillance may only be installed in classrooms, actual instructional areas or bathrooms by law enforcement and or family members of any student alleged to be a victim of a sexual act or violent crime, when a warrant is obtained from a court of law giving authority to do so upon probable cause that a crime has been committed and that such is needed to investigate criminal activity. The same removal of video surveillance equipment in private areas of the school buildings shall apply at the conclusion of said criminal investigation by the aforementioned law enforcement authorities.

No school aged student, residing at a boarding school shall be placed in their bedrooms for any more than ten (10) minutes without the supervision of staff for disciplinary reasons. Said staff member working in a cottage or dorm that hands down such disciplinary action must remain nearby, and in the common area of the student’s sleeping quarters, and must have on hand a timer to time the ten (10) minutes, and that said timer must contain an alarm that either emits a loud audible sound or a strong vibrating sound. When a student is sent to their room by any cottage or dorm staff member for disciplinary action, there shall be no other students accompanying them at the time said action is taken. When a student is placed in his/her room for disciplinary reason by a cottage staff member, said student’s room shall not be locked by either the student or the staff member, so carrying out such disciplinary matters. For the purposes of this Juvenile Violence Act, the boarding school must consult with fire department officials to obtain the best practices of making said bedroom doors fire retardant or fire resistant.

Upon receipt by the student’s parents or in the case of a student being above the age of 18, a copy of the school’s policies on molestation and sleeping quarter’s rules, including but not limited to the proscribed mandated expulsion or suspension code, each parent of a minor child attending said boarding school or a student, 18 years of age or older, shall have signed in the presence of a notary of the public a copy of the schools’ policies regarding entrance and exiting the sleeping quarters, which shall include but not be limited in the above-mentioned mandated expulsion and suspension and molestation prevention training laws. And this copy of policies and procedures shall also include the school’s dress code, which shall ban both female and male students from wearing tank tops or any other apparel that exposes the breast area of the body and in the case of females, bans the wearing of mini-skirts that are above the knees. Three repeated violations of the proscribed dress code and in addition to, dress codes set forth by either a public or private day or boarding elementary or middle or secondary school, shall result in a suspension period lasting no more than 3 days. In the case of a suspension being handed down on Friday, shall be said to commence on the Monday of the preceding weekend and shall be said to have been served upon the third consecutive academic day. Said proscribed signature requirements of the school’s policies and including but not limited to the statutory anti student molestation and molestation prevention training, shall be completed within 10 days prior to each academic year. In the case that a suspension or expulsion is handed down under this anti student molestation and molestation prevention statute, the parents of the student so suspended or expelled shall bare the full costs of transportation to and from wherever the student attends school on the elementary or middle or secondary level in the Commonwealth of Massachusetts. This shall be construed as from the student’s school to the place of employment or the home where the student and the parent(s) or guardian live or work. This shall be accomplished by either the parents coming to pick up the student him/herself or providing transportation to either the student’s home or wherever the parents or guardian of the student are located at the time of issuance of suspension or expulsion unless, criminal proceedings has commenced against the student alleged to have either engage in acts of rape, indecent assault or sexual abuse. In the case where criminal action is to be taken, said student who is the subject of said criminal action shall be detained in the office of a security guard until the police has arrived to take the student into custody. At the time the police has arrived to take the student into custody, the head administrator of the school, which the student is attending at the time of said arrest, shall be notified by the security officer to come down to the security office. The head administrator of the school, upon the student being taken into custody by the police shall notify their parent(s) or guardian of said arrest.

Upon the entry of any new student, no matter what their age or disabilities may be, the school, whether a public or private or boarding school shall within the first month of enrollment hold rape and molestation prevention training to instruct their students as to the difference between rape and molestation and what is not considered rape and molestation, or both, under applicable state laws. Said training must be in consistent with the age level or developmental level of the newly enrolled student(s) so present at said proscribed training. As part of these instructions, a student shall also be informed of the right to confide in their teacher or trusting staff member whether they have been raped or molested by another student or staff member of the school or think the same might be raping or molesting them. These instructions shall include but not be limited to the proscribed mandated expulsion of a student who engages in acts of rape, child molestation, indecent assault or sexual abuse onto another student. At the school’s rape and molestation prevention training, newly enrolled students shall also be warned that if they engage in any said acts of rape, child molestation, indecent assault, or sexual abuse, that their cases may not become disclosed until years later, even after they have graduated or “left in good standing,” and that their cases at the time of first disclosure, years later, by a victim, must be forwarded onto the Department of Children and Families and the school’s alumni associations’ board of directors for action that can and will result in loss of “good standing.” Rape and molestation prevention training shall only be instructed by the head of the school’s physical education department, the school’s nurse, and the chief of police of the district to which the school is located, whether or not, the school in which a student is newly enrolled into for the first time is an elementary, middle, or secondary public or day private school or an elementary, middle, or secondary boarding school, or both. A notarized signature of the parent or guardian who is enrolling their son or daughter for the first time, agreeing to rape and molestation prevention training must be obtain, along with a notarized and signed envelope shall be returned back to the principal of an elementary or middle or secondary public or private day school and in the case of an elementary or middle or secondary boarding school, the director or the president of said boarding school, 10 days prior to the first day of school of the newly enrolled student. A newly enrolled student shall not be officially enrolled into any school in the Commonwealth of Massachusetts until the school in which the student is enrolled to attend has received a notarized signature and notarized envelope with the parent’s or guardian’s signature consenting to rape and molestation prevention training. Age or inability to provide the proscribed legal required signature allowing for their son or daughter attending any elementary or middle or secondary school system in the Commonwealth of Massachusetts shall be barred as a defense to any truancy proceedings brought by the school district which the child 5 years or older, and until the school aged minor child reaches their 16’th birthday for failing to adhere to the proscribed enrollment requirements as deemed by applicable state truancy laws.

The enrollment requirements shall also include but not be limited to the requirements as set forth in proscribed requirement of molestation prevention training. In the case where a parent or guardian providing said signature for their son or daughter to fulfill the requirements, upon enrollment into a molestation prevention instruction is either elderly or disabled, may bring along with him/her to a notary of the public, an assisting person to aid in providing the requisite signature agreeing to the proscribed molestation prevention instruction at the school their son or daughter is to be enrolled in. For the purposes of this section, the term “parent” shall be defined as the biological parents of the minor child, the foster parents of the minor child, the adoptive parents of the minor child, whether in or outside of the biological family setting, which shall include but not be limited to; grandparents as parents, aunts, uncle, cousins, brothers, sisters or any other relative deemed the foster or adoptive parent of said minor child, or in the case of a divorce, the court ordered custodial parent who has custody of the minor child during the first academic year, which their son or daughter is enrolled, or the minor child’s guardian as appointed by a probate and family court. The same signature requirements shall also be legal and binding to any new student 18 or older, except that parental signature shall not be required unless the student is placed under guardianship by a court due to a mental or developmental disability and that said adult or guardian in the case of mental or developmental disabled student entering a new secondary school for the first time, must provide the proscribed notarized signature agreeing to molestation prevention instructions.

In the case where a former student, later on in adulthood opens up for the first time to either the current principal or director or the president of said elementary or middle or secondary public or private day or any elementary, middle or secondary private boarding school, and to a mental health professional, including a psychologist or a psychiatrist, or both or a rape crisis center, and their family that they had been sexually abused as a student by another student, of whom the victim knew at the time of the alleged offense, who attended the same school as the victim, said disclosure of such event shall be reported to the Department of Children and Families, as though the victim and the alleged offender were a minor at the time of first disclosure of said alleged sexual abuse, which shall include but not be limited to rape, or child molestation, indecent assault or sexual abuse perpetrated by 1 or more of the alleged former students who were 12 years or older up till the student had graduated or left said educational facility at the time of said sexual incident and who had attended said elementary or middle or secondary public or private day or elementary, middle, or secondary boarding school, where both victim and the alleged offender had attended at the time said acts of sexual abuse had alleged to have occurred. Upon first disclosure by said former student victim of the aforementioned sexual abuse to the elementary, or middle, or secondary public or private day or elementary, middle, or secondary boarding school to the director or president or the principal who is currently serving at the time of said first disclosure, the head administrator of said elementary or middle or 200

Secondary public or private day or elementary, middle, or secondary boarding school shall refer the names, addresses that are on file of the perpetrators alleged to be involved and the name and address of the victim alleging said sexual abuse to the board of directors of said elementary or middle or secondary public or private day or elementary, middle, or secondary boarding school’s alumni association who shall in turn inform the offenders of such allegations of sexual abuse and to schedule a hearing on the matter before the board of directors of said alumni association. Said hearing must be scheduled within two (2) months of first disclosure to the school. Upon finding by two-thirds (2/3) of the board of directors of the elementary or middle or secondary school’s alumni association that said incidents of sexual abuse had been perpetrated onto the victim, the offender of said acts shall be permanently expelled as a member of said elementary or middle or secondary public or private day or elementary, middle, or secondary boarding schools’ alumni association and that said schools’ board of directors of said schools’ alumni association shall also have the authority to expel said offenders from returning to said school for visits. This shall not be construed to remove a graduate’s diploma or any awards that he had received for academic or extra-curricular performance, prior to first disclosure of said alleged rape or other acts of sexual abuse.

The same shall hold true for any honorary member who was a staff member in the dorm or cottage , where the incident had alleged to had taken place at the time or in the case of a public or private day school where said alleged incident took place at the time, shall also be permanently expelled as an honorary member of said elementary, or middle, or secondary schools’ alumni association by reason of his/her job title as staff member supervising the dorm or cottage, at the time of said alleged incidents had taken place or in the case of a public day or private school, where said alleged incident had taken place, as said honorary alumni member shall be presumed a responsible adult under the provisions of said Juvenile Violence Act and other applicable school policies and laws that were enacted at the time of said alleged incidents of sexual abuse. at the time of said incidents of rape, or indecent assault or any other form of sexual abuse that had occurred between the students so living in that particular dorm that he/she supervised, or any act of said rape, or indecent assault or other forms of sexual abuse that occurred between students living in the dorm and students who are visiting the dorm to which the staff member supervised at the time of the incident.

The same said procedures shall apply to any alumni association of an elementary, or middle, or secondary public or private day schools. For the purposes of this section of this act, the honorary member of the alumni association of the elementary, or middle, or secondary public, or private day school or an elementary, or middle, or secondary boarding school must have either been in knowledge that said violent acts of rape, sexual abuse, or any other kind of violent bullying, or abuse of another student, whether the violent acts were physical or verbally done to produce a threatening manner of sexual harm or violence. Upon a report to the school’s alumni association’s board of directors, whether day or boarding school, said victim shall have the right to confront their alleged attacker with representation of the victims’ choice. The alleged offender shall also be afforded representation by someone of their choice to confront their accuser and their allegations. Failure to allow for such representation shall be construed to violate the due process clause of the United States Constitution. Both a victim of sexual abuse and the alleged offender shall also have the right to choose to have an attorney represent them during alumni membership proceedings on the issue of sexual abuse. A representative can also be a former teacher, who is an honorary alumni member in “good standing. The administrator or director or president of the school where the incident happened cannot represent either the victim or the alleged perpetrator. No alumni association’s board of director’s members shall not have any representation capacity in the case at issue.

Upon the scheduling of a hearing before said alumni associations’ board of director on matters pertaining to sexual molestation, rape, indecent assault or other forms of sexual abuse, written notice of the hearing date must be sent to both the victim of the alleged sexual abuse and the alleged perpetrator. The notice shall include, date of hearing, right to representation of both the victim and alleged offenders’ choice, and the allegations of sexual abuse. Should the board of directors of said alumni association of either a public elementary, middle, or secondary school, or the alumni associations’ board of directors of a private day or boarding elementary, middle, or secondary boarding school ban a member of their alumni association from visiting, or having any contact, or any benefits that go along with being a member of a school’s alumni, said alumni board of directors shall provide written notice as well as oral notice of the ban handed down. Such written notice shall include the right to appeal their decision to the board of trustees of a private day or boarding elementary, middle, or secondary school, or in the case of a public school to the school committee. Such notice shall also include the length of time to make said appeal and shall also include the right to further appeals in the court system. In the case where it has been found that the victim was banned from said alumni association for giving false information about the alleged sexual abuse that had occurred, the same notice and appeal requirements shall apply. The aforementioned alumni associations’ board of directors’ hearing and that of the appeal hearing to the board of trustees in the case of a private day or private grade boarding school shall be held as a sequestered hearing in all matters involving sexual abuse.

Any member of the mental health profession who humiliates the idea of representation of the victim or the perpetrator before an alumni association either for ban of membership or confrontation, as childish or in any other way negative shall be deemed grossly negligent per se and be civilly held liable up to an amount not to exceed $50,000.00. A victim may have the option of sending a letter to the perpetrator of an alleged sexual abuse, but, such shall not take the place of oral confrontation with representation.

Failure of said head administer of any public or private day or elementary or middle or secondary boarding school to report such allegations of rape, or indecent assault, or other forms of sexual abuse by a student 12 years of age or older onto another student or staff member, to the Department of Children and Families shall be fined no more than $1,000.00 or imprisonment in a house of correction for a mandatory two-year sentence or both. The same shall hold true for any psychologist, physician, or psychiatrist, or teacher or anyone who has contact with minor children as part of either their profession or employment, unless the student age 12, but under the age of 15 years of age is going to the above-mentioned professionals who is not in affiliation with any grade school within the Commonwealth of Massachusetts, who are in the mental health profession and who are mandated reporters of such acts and is treating the offender, for his/her sexual deviant behavior. The offender shall be afforded treatment by said mental health professionals without penalty or threat Of a report being made, when the offender him/herself voluntarily admits guilt to a mental health Professional, not in affiliation or employment by any grade school, within the Commonwealth of Massachusetts and also does so to receive treatment for their actions on a voluntary basis. The fact that the offender has admitted guilt to the offense and has voluntarily committed to treatment for their deviant behavior shall be made in writing by the offender’s parents in the case the offender is under the age of 18 years old or in the case where the offender is 18 years of age or older, the offender and the mental health professional must state this information in writing. The persons involved in said treatment of the offender of sexually deviant behavior must not be affiliated with any grade or secondary school within or without the Commonwealth of Massachusetts and must either be in private practice or working out of a hospital that offers psychiatric services or a psychiatric hospital.

A victim of rape, or sexual abuse committed by a minor who is 12 year or older up until the age of 18 years of age shall have a right to civil damages under tort feaser laws up to no more than $15,000.00, whether the incident was reported and opened up to at the time the original incident occurred or becomes disclosed for the first time by the victim of said act later on in adulthood The statute of limitations for such actions brought under tort liability for rape or indecent assault or other forms of sexual abuse or other forms of violent acts committed onto another minor shall be said to toll in 7 years from the date it was first disclosed, either at the time of the incident by the victim of such incident, or when the victim first discloses that said incident happened to them, later on in adulthood.

Any public or private elementary or middle or secondary school or elementary or middle or secondary boarding school and or their alumni association who fails to expel or permanently ban any member of their alumni association or any honorary member for lack of supervision from their alumni association may be held civilly liable for failure to take such action against said offender or staff member said to had the responsibility of supervising the dorm or cottage at the time said incident had taken place and that the parties involved had in fact been found guilty by said alumni association’s board of directors, in an amount not to exceed $50,000.00, or when said offender has been found to have committed the act, or the allegations have been found to be true. The statute of limitations for failure of a public elementary, or middle, or secondary school or private elementary, or middle, or secondary school, or elementary or middle or secondary boarding school or its alumni association to take action against the perpetrator of such sexual abuse shall be said to toll in 5 years from time of first disclosure, and after said hearing has been held, whether the disclosure of sexual abuse by the victim of such discloses such incidents of sexual abuse by another student at the time of the sexual abuse or the victim first discloses said incident(s) later on in adulthood. In both cases, the aforementioned statute of limitations shall be said to begin to toll from date of first disclosure to a mental health professional, and the members of the victim’s family, and the school’s administration. The story must at time of disclosure be of consistent manner, and shall also be said to be further disclosed, if a victim recounts anymore details of the offender’s actions. First disclosure to the school’s administration shall be in writing, after an oral disclosure, with the potential for more information to come to light as the victim remembers it. For the purposes of this act, in the case of an elementary, middle, or secondary boarding school, the head housemaster or head houseparent, in the dorm or cottage to which the sexual abuse by another student who is 12 years or older, up till the age of 18 onto another student, shall be presumed responsible as though he/she is the parent of the student(s), who is under the age of 18 and is the alleged offender. Said head housemaster or head houseparent shall by reason of his/her designated job title; be held civilly liable for negligence in an amount not to exceed $100,000.00. Said head housemaster in the case of a boarding school shall be presumed to know and make sure that there is adequate supervision in the sleeping quarters of such dorm or cottage, and shall also be presumed to know of any student clubs or games that are going on that could be a potential ruse to gain access to a younger child’s genitals or other private parts, or the reproductive organs of a younger child’s body, or the sleeping quarters, when the sleeping quarters are off limits during the school day.

Upon an action brought against a student, for rape, indecent assault or other forms of sexual abuse, that has been committed, whether in a public, or private elementary or middle or secondary school or an elementary or middle or secondary boarding school and in the case of an elementary or middle or secondary boarding school against the head housemaster or head houseparent as an accessory after the fact for rape of a minor who is the perpetrator of such acts onto his/her victim, whether brought to the attention of school authorities or law enforcement or any kind of civil actions for said acts of rape, indecent assault or other forms of sexual abuse, the offender, nor his friends nor his family, nor the staff member, nor his/her family or friends nor any officials of the school where such offense occurred shall be barred from engaging in any kind of retaliation or embarrassment or any other form of emotional abuse in connection with said rape, indecent assault or other forms of sexual abuse. Whoever engages in any form of retaliation, embarrassment or other forms of emotional abuse or humiliation in connection with said rape, indecent assault or other forms of sexual abuse shall be fined no more than $2,000.00 or imprisonment in state prison for no less than 3 years or both and shall also face tort liability in an amount not to exceed $25,000.00. The same shall hold true for any member of the board of directors of the alumni association to whom an action is brought before them against a member or members of the schools’ alumni association to have said member or members or honorary members of said schools’ alumni association to have said member or members or staff honorary members permanently expelled from said schools’ alumni association in connection with any incidents of rape, indecent assault or other forms of sexual abuse committed by said member or members thereof, or in the case of lack of supervision, honorary staff members, who were head housemaster or head houseparent in the dorm or cottage where said incidents of sexual abuse had alleged to have occurred by any member or members of said schools’ alumni association. Acts of retaliation shall be defined to include but not be limited to; banning a rape or sexual abuse victim from all of his/her rights and privileges to either his educational program or that as a member of the schools’ alumni association, when the allegation of rape, or sexual abuse is first being presented to the aforementioned authorities or board of directors of said schools’ alumni association, whether the incident is first reported at the time said acts occurred or is first disclosed by the victim later on in adulthood or once the incidents of said rape, indecent assault or other forms of sexual abuse have been proven to be true and did in fact occur.

Records of such proceedings, including its finding by either the schools’ authorities or that of the board of directors of the schools’ alumni association shall be kept in a confidential, locked file and such records of said proceedings and findings shall be held in said locked confidential files for a period no less 40 years from time of conclusion of said proceedings or until the school and its alumni association has been dissolved and had been declared bankrupt under applicable federal laws by a federal bankruptcy court.

A victim of rape, or indecent assault or other forms of sexual assault, in order to take legal action against said student offender, including action taken on the school level shall have said to had been disclosed for the first time, with the aforementioned authorities and including but not limited to a mental health professional and that of their family within the first 50 years since such abuse had occurred. Upon disclosure to the aforementioned school authorities where the incidents of sexual abuse, and a mental health professional and that of their family members, whom they can confide in, said victim shall have up to 7 years to pursue any criminal or civil actions against the offender and that of his/her parent, as at the original time of the offense, the offender was still a minor under the age of 18 years and was 12 years or older, up till the age of 18. The statute of limitations for said criminal and or civil actions resulting from said sexual abuse shall begin to toll upon first disclosure by said victim to all of the aforementioned parties, including but not limited to the current administrative authorities who are currently employed at the school where said incident is alleged to have taken place, a mental health provider, treating the victim of said abuse and that of a family member the victim of said acts has confided in.

For the purposes of this act, with regards to the aforementioned statute of limitations, any disclosures made prior to the passage of this act shall begin to toll when this act is signed into law by the governor of the Commonwealth of Massachusetts or becomes law by way of override by both the house and senate of the legislature of the Commonwealth of Massachusetts, otherwise known as the General Court. Upon first disclosure of said sexual abuse by a victim thereof, he/she shall once disclosed by said victim, the names of the offender or offenders, said victim shall have the right to know, in the case, where the victim has first disclosed of the alleged acts to the school authorities of the school which the incidents took place at, and in the case, where it has been disclosed later on in adulthood by said victim and that both the victim and the offender or offenders had graduated or left in good standing, the school where the offense took place, whether or not the offender or offenders are members of the schools’ alumni association whether or not the offender or offenders of said acts, which happened 50 years prior to first disclosure, are still being invited to participate in on-campus alumni activities. Said victim of sexual abuse committed shall not use the aforementioned disclosed information as a means of retaliation, harassment or committing a crime against the offender or acts of discrimination, except for bringing such offender or offenders before the board of directors of the schools’ alumni association for the purposes of having them permanently expelled from the schools’ alumni association, in connection with the sexual abuse itself. In the case of a boarding elementary or middle or secondary boarding school, the same anti-retaliation or other forms of criminal activity or discrimination against the honorary member, who was at the time of the offense the head housemaster or head houseparent in the dorm or cottage where said incident of sexual misconduct occurred. Any victim who uses the above-mentioned information to engage in retaliatory or criminal acts or acts of discrimination against both the former student offender and the former head housemaster or head houseparent shall be fined no more than $1,000.00 or imprisonment in a house of correction for no more than 2 years or both said fine or imprisonment.

Any staff members, including but not limited to teacher’s aides, house staff or school guidance counselors or student advocates or case managers who either come into knowledge that a sexual abuse might had been perpetrated onto another student attending the same school as the victim and offender, by way of confidence or are witnesses thereof, shall have the legal obligation to report said acts of sexual abuse or bullying or any other incidents that involve either physical or verbal violence or both to the school’s administration. Failure of said staff to report the above-mentioned incidents to said school administrative officials shall be deemed automatically terminated from their respected professions and shall also be held criminally liable under applicable state and federal laws for obstruction of justice. In the case of prosecution for failure to report sexual or physical or verbal abuse to the school administration, tenure shall be barred as a defense in said criminal proceedings and termination proceedings. The same mandated reporting requirements and penalties and termination shall also apply to cases of hazing. Any head administrator who fails to terminate the employment of any teacher, teacher’s aide, school guidance counselor, advocate or case manager shall face fines of no more than $10,000.00 and imprisonment for no less than 5 years, but no more than 7 years in state prison or both said fine and imprisonment.

The failure of a school administrator to terminate an employee who knowingly fails to report such acts of sexual abuse, violent acts, whether physical or verbal or both onto another student under the of 18 shall also hold said school liable under tort liability in an amount not to exceed $20,000.00. Upon termination of employment of an employee of an elementary or middle or secondary school for failure to report such acts of sexual abuse committed onto another student or staff member or violent abuse onto another student or staff member, shall bar said employee from applying for a position of either teacher, teacher’s aide, school guidance counselor, student advocate or case manager in another school or school district within the Commonwealth of Massachusetts. The same shall apply to school psychologist and school psychiatrist.

All elementary, middle, or secondary schools, whether public or private, and whether day or boarding shall provide to the parents of newly enrolled students, and to the parents of returning students, statistical Information regarding incidents of rape, molestation, indecent assault and other forms of sexual abuse, bullying, hazing, or any violent or sexual abuse in connection with any bullying or hazing, prior to the beginning of each academic year, whether the aforementioned sexual abuse, bullying, hazing or sexual or violent abuse has been alleged to have been committed or has been committed by any student or staff member employed by said educational facility as defined herein. Said statistical information must be validated by the chief of police in the town, which, the school is located. Failure of an administrator to provide this statistical information shall result in a fine of no less than $1,000.00 or imprisonment in a house of correction for no less than 1 year or both.

For the purposes of this act, an academic year shall be defined as the period running from September 1 till June 30 of each calendar year.

Should any part of this act be deemed invalid or unconstitutional, the remaining parts of this act shall remain in effect.

Name:	District/Address:	Date Added:
Brian J. Coppola	400 Merrimack Street, Methuen, Mass 01844