Teachers and School Staff Accused of Assault, Threats, or Sexual Assault Against a Student in Massachusetts

A teacher, aide, coach, or other school employee accused of hitting, grabbing, restraining, threatening, or sexually touching a student can be charged with a crime in Massachusetts. The employee can also face a Department of Children and Families investigation, a school investigation, and action against a teaching license at the same time.

A teacher accused of using physical force on a student can be charged with assault and battery under G.L. c. 265, § 13A. When the student is under fourteen and was injured, the teacher can be charged with assault and battery on a child under G.L. c. 265, § 13J. A teacher accused of sexual touching or sexual intercourse with a student can be charged with indecent assault and battery or rape of a child.

A teacher accused of threatening a student can be charged with threatening to commit a crime under G.L. c. 275, § 2. A teacher accused of repeatedly harassing a student in person or by message can be charged with criminal harassment under G.L. c. 265, § 43A.

Teachers are mandated reporters under Massachusetts law. If a mandated reporter is convicted of indecent assault and battery on a child under fourteen, the judge must impose at least ten years in state prison. G.L. c. 265, § 13B½. The judge must also impose at least ten years in state prison when a mandated reporter is convicted of sexual intercourse with a child under sixteen. G.L. c. 265, § 23A(c).

A law enacted in July 2026 added a separate crime for teachers and other mandated reporters. The law covers sexual intercourse with a sixteen- or seventeen-year-old over whom the mandated reporter has or had supervisory or custodial authority. The student’s consent is not a defense. G.L. c. 265, § 23A½.

This page explains the rules on physical force and restraint in schools, the charges for threats and harassment, and the sexual offense charges. The page also explains the DCF investigation, questioning in a school investigation, and the consequences for a teaching license.

Physical Force and the Ban on Corporal Punishment in Schools

Massachusetts law prohibits corporal punishment of students by public school teachers and other school committee employees. G.L. c. 71, § 37G(a). A teacher may use reasonable force when necessary to protect students, other persons, or the teacher from an assault by a student. G.L. c. 71, § 37G(b).

A parent who spanks a child can raise the parental discipline defense. In Commonwealth v. Dorvil, 472 Mass. 1, 12 (2015), the Supreme Judicial Court recognized that defense for a parent or guardian. The site’s page on whether spanking a child is a crime in Massachusetts explains the defense.

Assault and battery under § 13A is a misdemeanor. If a teacher is convicted, the possible penalties are up to two and one-half years in the house of correction or a fine of up to $1,000.

Under § 13J, the Commonwealth must prove that a child under fourteen suffered a bodily injury. Section 13J defines bodily injury as a substantial impairment of the child’s physical condition. If a teacher is convicted of causing bodily injury, the maximum sentence is five years in state prison or two and one-half years in the house of correction.

A teacher accused of striking a student with an object can be charged with assault and battery by means of a dangerous weapon under G.L. c. 265, § 15A. When the student is under fourteen, the maximum sentence for an adult defendant is fifteen years in state prison. G.L. c. 265, § 15A(c)(iv).

Physical Restraint of a Student Under 603 CMR 46.00

The state regulations at 603 CMR 46.00 govern physical restraint of students. The regulations govern public school districts, charter schools, virtual schools, and collaborative education programs. The regulations also govern approved private special education schools during the school day. 603 CMR 46.01.

A physical restraint is direct physical contact that prevents or significantly restricts a student’s freedom of movement. 603 CMR 46.02. A staff member may use physical restraint only when the student’s behavior poses a threat of assault, or of imminent, serious, physical harm to the student or others. 603 CMR 46.03. A staff member may not use physical restraint as discipline or punishment. Id.

The regulations prohibit prone restraint, in which a staff member holds a student face down, except in narrow circumstances documented in advance for an individual student. Id. The regulations also prohibit mechanical restraint, medication restraint, and seclusion in public education programs. Id.

After a restraint, the staff member must tell the principal as soon as possible and file a written report by the next school working day. 603 CMR 46.06. The principal must try to contact the student’s parent within twenty-four hours and send written notice within three school working days. Id.

When a restraint injures a student or a staff member, the school must send the written report to the Department of Elementary and Secondary Education within three school working days. Id.

Threats Against a Student

A teacher who threatens to hurt a student can be charged with threatening to commit a crime under G.L. c. 275, § 2. The Commonwealth must prove that the teacher expressed an intent to injure the student or the student’s property. The Commonwealth must also prove that the teacher intended the threat to be conveyed to the student. Commonwealth v. Cruz, 495 Mass. 110 (2024).

The threatened injury must be a crime if carried out. The teacher must have made the threat in circumstances that could reasonably cause the student to fear that the teacher had the intention and ability to carry out the threat. Id.

The Commonwealth must prove the teacher’s state of mind as well. The teacher must have been aware of, or consciously disregarded, a substantial risk that the student would view the words as a threat of violence. Id. A teacher may say that a remark was a joke. The judge or jury then decides whether the teacher was aware of the risk that the student would view the remark as a threat of violence.

If a teacher is convicted of threatening to commit a crime, the possible penalties are imprisonment for up to six months or a fine of up to $100. G.L. c. 275, § 4.

A teacher who threatens a student can also be charged with assault under G.L. c. 265, § 13A. For an assault by threatened battery, the Commonwealth must prove that the teacher engaged in objectively menacing conduct. The Commonwealth must also prove that the teacher intended to put the student in fear of immediate bodily harm. Commonwealth v. Gorassi, 432 Mass. 244, 248 (2000). Yelling at a student is an assault only when the teacher’s conduct was objectively menacing and the teacher intended to put the student in fear of immediate bodily harm.

A threat that a firearm, an explosive, or another deadly item will be used at a school is a separate felony under G.L. c. 269, § 14(b). If a person is convicted under § 14(b), the maximum sentence is twenty years in state prison. G.L. c. 269, § 14(b). The Commonwealth must prove that the person consciously disregarded a substantial risk that the communication would be viewed as threatening violence. Commonwealth v. Ushon U., No. SJC-13793 (Mass. Apr. 24, 2026).

When the threat causes the evacuation or serious disruption of a school, the Commonwealth can charge the higher offense in G.L. c. 269, § 14(c). If a person is convicted under § 14(c), the possible penalties are three to twenty years in state prison or six months to two and one-half years in the house of correction. The judge can also impose a fine of $1,000 to $50,000, alone or with imprisonment. G.L. c. 269, § 14(c).

Harassment, Sexual Comments, and Messages to a Student

A teacher accused of repeatedly targeting a student with messages, comments, or other conduct can be charged with criminal harassment under G.L. c. 265, § 43A. The Commonwealth must prove that the teacher willfully and maliciously engaged in a knowing pattern of conduct directed at the student. G.L. c. 265, § 43A(a).

The pattern of conduct must have seriously alarmed the student. The conduct must also be of a kind that would cause a reasonable person to suffer substantial emotional distress. Id. The Supreme Judicial Court has held that the pattern must include at least three incidents. Commonwealth v. Welch, 444 Mass. 80 (2005).

Section 43A applies to conduct by telephone, electronic mail, instant message, and other internet communications. G.L. c. 265, § 43A(a). If a teacher is convicted under § 43A, the possible penalties are up to two and one-half years in the house of correction, a fine of up to $5,000, or both. Id.

A teacher accused of making sexual comments or gestures toward a student can be charged under G.L. c. 272, § 53(a). That section punishes a person who accosts or annoys another person with offensive and disorderly acts or language. The Commonwealth must prove that the acts or language were both offensive and disorderly. The offensive acts or language must be sexual, either explicitly or implicitly. Commonwealth v. Sullivan, 469 Mass. 621 (2014).

Disorderly acts or language include threatening behavior. Commonwealth v. Chou, 433 Mass. 229, 233 (2001). Sexually explicit language directed at a particular person may be inherently threatening when the setting makes the language inappropriate and likely to cause severe distress. Id. at 234-235. If a teacher is convicted under § 53(a), the possible penalties are up to six months in jail or the house of correction, a fine of up to $200, or both. G.L. c. 272, § 53(a).

A teacher accused of persuading a student under sixteen to come into a car, a home, or another place can be charged with enticement of a child. G.L. c. 265, § 26C. Section 26C defines entice to mean lure, induce, persuade, tempt, incite, solicit, coax, or invite. G.L. c. 265, § 26C(a).

For enticement, the Commonwealth must prove that the teacher intended that someone would commit a sexual offense listed in § 26C or an offense involving force. G.L. c. 265, § 26C(b). If a teacher is convicted, the maximum sentence is five years in state prison or two and one-half years in the house of correction. Id. Enticement of a child under sixteen is a sex offense under the sex offender registration law. G.L. c. 6, § 178C.

A student who is harassed by a teacher can also file a complaint for a harassment prevention order under G.L. c. 258E, § 3(a). A harassment prevention order is a civil restraining order. The student must prove three or more acts of willful and malicious conduct aimed at the student. G.L. c. 258E, § 1.

The teacher must have committed each act with the intent to cause fear, intimidation, abuse, or damage to property. The acts must have caused fear, intimidation, abuse, or damage to property. Id. A single act can support a harassment prevention order when the act is one of the crimes listed in § 1. The listed crimes include enticement of a child under § 26C and criminal harassment under § 43A. Id.

When the acts consist of speech, the judge can count the speech only if the speech is a true threat or fighting words. O’Brien v. Borowski, 461 Mass. 415 (2012). A harassment prevention order can require the teacher to refrain from harassing the student and to have no contact with the student unless the court authorizes the contact. G.L. c. 258E, § 3(a).

Verbal Abuse of a Student and the School Bullying Law

Yelling at, insulting, or belittling a student is a crime only when the teacher’s words or conduct meet the elements of a criminal offense. Those offenses include threatening to commit a crime, assault, criminal harassment, and accosting or annoying another person.

A report of verbal abuse can lead to a Department of Children and Families investigation even when no crime is charged. The Department’s regulations define abuse to include an act by a caregiver that causes, or creates a substantial risk of, emotional injury to a child. 110 CMR 2.00. The regulations list school teachers as caregivers. Id.

The regulations define emotional injury as an impairment to or disorder of a child’s intellectual or psychological capacity. The impairment must appear as an observable and substantial reduction in the child’s ability to function within a normal range of performance and behavior. Id.

The Massachusetts bullying law applies to school staff as well as students. The law defines bullying as the repeated use of a written, verbal, or electronic expression, or a physical act or gesture, directed at a victim. G.L. c. 71, § 37O(a). The conduct must cause one of the harms listed in the statute, such as emotional harm, a reasonable fear of harm, or a hostile environment at school. Id.

Every school staff member must report bullying to the principal immediately. The principal must then promptly investigate the report. G.L. c. 71, § 37O(g). If the principal determines that a staff member bullied a student, the principal must notify the local police when the principal believes that criminal charges may be pursued. Id. The principal must also take appropriate disciplinary action and notify the student’s parents. Id.

Sexual Assault Accusations Against a Teacher or School Employee

Public and private school teachers, educational administrators, and guidance and family counselors are mandated reporters under G.L. c. 119, § 21. The Legislature set higher sentences for sexual offenses committed by a mandated reporter.

Indecent assault and battery on a child under fourteen is a felony under G.L. c. 265, § 13B. If a defendant is convicted, the maximum sentence is ten years in state prison or two and one-half years in the house of correction. Under § 13B, a child under fourteen cannot legally consent to the touching.

When the defendant was a mandated reporter at the time of the touching, the charge is aggravated indecent assault and battery on a child under fourteen. G.L. c. 265, § 13B½. If a defendant is convicted, the sentence is at least ten years and up to life in state prison. The defendant is not eligible for probation, parole, work release, or furlough until serving ten years. The judge cannot continue the case without a finding or place the case on file. Id.

Indecent assault and battery on a person fourteen or older is a felony under G.L. c. 265, § 13H. The Commonwealth must prove that the student did not consent to the touching. Commonwealth v. Kennedy, 478 Mass. 804, 810 (2018). If a defendant is convicted, the maximum sentence is five years in state prison or two and one-half years in the house of correction. Under the 2026 law described in the next section, consent is not a defense for a mandated reporter who had supervisory or custodial authority over a student fourteen to seventeen years old.

Sexual intercourse with a child under sixteen is rape and abuse of a child under G.L. c. 265, § 23. The Commonwealth does not have to prove force. Commonwealth v. Bernardo B., 453 Mass. 158, 172 (2009). If a defendant is convicted, the sentence can be up to life in state prison. The judge cannot continue the case without a finding or place the case on file. G.L. c. 265, § 23.

When the defendant was a mandated reporter at the time of the intercourse, the charge is aggravated rape and abuse of a child. G.L. c. 265, § 23A(c). If a defendant is convicted, the sentence is at least ten years and up to life in state prison. The judge cannot reduce or suspend the ten-year minimum. Id.

Each of these sexual offenses is a sex offense under G.L. c. 6, § 178C. A person convicted of a sex offense is subject to the sex offender registration law. The site’s page on sexual assault and rape defense explains the sexual offense charges in more detail.

Accusations Involving a Student Who Is Sixteen or Seventeen

The rape of a child statutes, G.L. c. 265, §§ 23 and 23A, apply when the child is under sixteen. In July 2026, the Legislature created a separate crime for sexual intercourse between a mandated reporter and a sixteen- or seventeen-year-old. The Legislature enacted the law in the state budget that the Governor signed on July 9, 2026. St. 2026, c. 137. The law is codified at G.L. c. 265, § 23A½.

Section 23A½ applies to a mandated reporter who exercises, or at any time exercised, custodial or supervisory authority over the child. The section applies only when the mandated reporter was more than four years older than the child at the time.

If a mandated reporter is convicted under § 23A½ of sexual intercourse with a sixteen- or seventeen-year-old, the maximum sentence is twenty years in state prison. Section 23A½ also punishes indecent assault and battery by a mandated reporter on a child fourteen to seventeen years old. If a defendant is convicted of indecent assault and battery under § 23A½, the maximum sentence is ten years in state prison or two and one-half years in the house of correction.

Under § 23A½, a child under eighteen cannot legally consent to the conduct. The end of the mandated reporter’s custodial or supervisory authority is not a defense. The Commonwealth cannot charge a teacher under § 23A½ for conduct that occurred before the law took effect. U.S. Const. art. I, § 10.

Other laws apply to a student under eighteen regardless of the student’s consent. Possession of a photograph or video of a child under eighteen engaged in sexual conduct is a felony under G.L. c. 272, § 29C. Sending matter harmful to minors to a person under eighteen is a felony under G.L. c. 272, § 28.

For an electronic message, the Commonwealth must prove that the sender specifically intended to send the message to a person the sender knew or believed to be a minor. G.L. c. 272, § 28.

The Department of Children and Families regulations define abuse to include any sexual contact between a caregiver and a child under the caregiver’s care. 110 CMR 2.00. The Department can therefore investigate a teacher for sexual contact with a sixteen- or seventeen-year-old student in the teacher’s care. The Commissioner of Elementary and Secondary Education can also discipline a teaching license for unfitness or other good cause without a criminal conviction. 603 CMR 7.15(8)(a).

The Department of Children and Families Investigation of a School Employee

The Department of Children and Families regulations define a caregiver to include teachers, babysitters, and school bus drivers. 110 CMR 2.00. The Department can therefore investigate a school employee after a report of abuse. The Department’s investigation is separate from any criminal case.

When the Department has reasonable cause to believe that a child was sexually assaulted, the Department must notify the district attorney and the local police. G.L. c. 119, § 51B(k). The Department must also notify the district attorney and the local police when a child suffered a serious physical injury from abuse. Id.

The Commonwealth can offer a school employee’s statements to a Department investigator as evidence in the criminal case.

Questioning in a School Investigation

A school can question an accused employee as part of the school’s own investigation. A public employer can order a public employee to answer questions about the employee’s job performance under threat of discharge. Carney v. Springfield, 403 Mass. 604 (1988). Under the Fifth Amendment, the Commonwealth cannot use answers given under that threat against the employee in a criminal case. Garrity v. New Jersey, 385 U.S. 493, 500 (1967).

Article 12 of the Massachusetts Declaration of Rights gives a public employee more protection. A public employer cannot compel a public employee to answer potentially incriminating questions under threat of discharge unless the employee receives transactional immunity. Carney, 403 Mass. 604. Transactional immunity is a promise that the employee will not be prosecuted for the conduct.

Carney and Garrity concern questioning by a public employer.

Contact With the Student or Other Witnesses After an Accusation

A teacher who pressures a student or another witness about an accusation can be charged with intimidation of a witness under G.L. c. 268, § 13B. Section 13B punishes a person who threatens, misleads, intimidates, or harasses a witness or potential witness. The section also punishes a person who offers a witness anything of value. G.L. c. 268, § 13B(b).

The Commonwealth must prove that the person acted with the intent to interfere with a covered proceeding, or with reckless disregard for the risk of interfering. Id. The covered proceedings include a criminal investigation at any stage, a clerk’s hearing, and an administrative hearing. Id. Section 13B also punishes retaliation against a witness for taking part in a covered proceeding. Id.

The student who reported the teacher, the student’s parents, and coworkers who saw the incident can each be a witness or potential witness. If a person is convicted under § 13B, the possible penalties are up to ten years in state prison or two and one-half years in the house of correction. The judge can also impose a fine of $1,000 to $5,000, alone or with imprisonment. Id.

The Teaching License

The Commissioner of Elementary and Secondary Education can revoke, suspend, or limit a teaching license. 603 CMR 7.15(8)(a). The grounds include a conviction or guilty plea for a crime that discredits the profession. The grounds also include unfitness to perform the duties of the license and dismissal for just cause from a school position. Id.

A license holder convicted of a crime must notify the Commissioner in writing within ten days. 603 CMR 7.15(8)(h). For this rule, a conviction includes a guilty verdict, a guilty plea, a plea of nolo contendere, and an admission to or finding of sufficient facts. Id. A teacher who admits to sufficient facts and receives a continuance without a finding must therefore notify the Commissioner.

A school administrator may dismiss an educator, decline to renew the educator’s contract, or obtain the educator’s resignation for one of those grounds. The administrator must then report the reason to the Commissioner within thirty days. 603 CMR 7.15(8)(g).

Before imposing discipline, the Department of Elementary and Secondary Education must find probable cause and give the license holder written notice. The license holder then has twenty-one days to request a hearing under G.L. c. 30A. 603 CMR 7.15(8)(b). The site’s page on criminal charges and professional licenses compares the disclosure and discipline rules for teachers with the rules for other professions. The licensed professionals criminal defense FAQs answer the question of what a criminal charge does to the license of a teacher or child care worker.

The Criminal Case

When the police do not arrest the employee, the police can apply to the court for a criminal complaint. A person accused of a misdemeanor who was not arrested ordinarily receives notice and a clerk-magistrate hearing before a complaint issues. G.L. c. 218, § 35A.

Defense counsel gathers the school’s incident reports, restraint reports, video, and policies early in the case. Defense counsel also seeks the Department of Children and Families records of the same allegation. In a restraint case, defense counsel compares the employee’s conduct with the requirements of 603 CMR 46.00. In a threats or harassment case, defense counsel gathers the complete set of messages and the context in which the teacher made each remark. Defense counsel also advises the teacher not to discuss the accusation with the student, the student’s family, or coworkers who may be witnesses.

Attorney Joe Serpa defends teachers and other licensed professionals charged with crimes. A school employee accused of assaulting or threatening a student should speak with Attorney Serpa before answering questions from the school, the police, or a DCF investigator.

Frequently Asked Questions

Related Serpa Law Office Resources

• Is Spanking a Child a Crime in Massachusetts?
• Assault and Battery on a Child in Massachusetts Under G.L. c. 265, § 13J
• Assault and Battery Charges in Massachusetts Under G.L. c. 265, § 13A
• Sexual Assault and Rape Defense in Massachusetts
• Threats to Commit a Crime in Massachusetts (G.L. c. 275, § 2)
• Massachusetts Criminal Harassment Defense (M.G.L. c. 265, § 43A)
• Intimidation of a Witness (G.L. c. 268, § 13B)
• Massachusetts 258E Harassment Restraining Orders (Harassment Prevention Orders): Defense and Plaintiff Representation
• Massachusetts Criminal Charges and Professional Licenses: Disclosure and Discipline Rules by Profession
• Eastern Massachusetts Criminal Defense for Licensed Professionals
• Massachusetts Licensed Professionals Criminal Defense FAQs
• DCF 51A Investigations After a Massachusetts Domestic Arrest
• Massachusetts Clerk-Magistrate Hearing Lawyer