| 1. Basic Policy for Harassment Prevention |
 |
 |
|
Waseda University (hereafter, the University)
declares the adoption of protective, preventive
measures against harassment of any kind involving
all students, faculty, and staff members, in order
to uphold their individual rights to pursue their
academic study, research, and administrative goals.
In order to fulfill this objective, the University
will make all possible efforts to prevent various
forms of harassment based on legal principles
concerning human rights, and take prompt, appropriate
countermeasures regarding any harassment occurring
within the university community.
The University has established a consultation
desk to provide counseling and support for students,
faculty and staff members who
have experienced harassment. In addition, the
University is striving to take effective countermeasures
against harassment complaints by taking definitive
penal actions against aggressors, based upon a
thorough investigation of the case and careful
proceedings.Throughout this process, the University
shall pay special attention to protecting the
privacy and confidentiality of harassed individuals
and other persons involved, including those responsible
for supervising/instructing the harassed persons
and those with a special interest in the case.
According to these guidelines, the University intends to define the term "harassment," clarify the purposes and goals of harassment prevention, give details about the consultation desk to deal with complaints concerning harassment, delineate the procedures for handling complaints, prohibit unfair treatment against the filing of claims/complaints and other retaliative measures regarding harassment cases, secure the privacy of every person involved, announce disciplinary actions such as dismissal or discharge, and promote further harassment prevention and education via various training and educational programs. |
|
| 2. Defining "Harassment" |
 |
 |
The "harassment" referred to in our guidelines designates all actions and behavior that result in disadvantage and/or discomfort to other individuals on matters concerning their sex, social status, race, nationality, principles, age, occupation, physical features or characteristics, and/or overall character.
These guidelines deal with every form of harassment
that takes improper advantage of academic, supervising,
management-related positions of authority, or a
continuing relationship and occurs against the will
or agreement of other individuals, degrading the
study/work/research activities and environment of
these persons. Examples within the University system
are cases of sexual harassment involving sexual
behavior and remarks, academic harassment involving
behavior and remarks related to academic study/education/research,
and power harassment involving authority and status
in the workplace.These three forms of harassment
are explained more specifically below. However,
the University acknowledges the importance of broadly
recognizing complaints, rather than strictly adhering
to these definitions.
Sexual harassment refers to:
1) Making sexual demands and/or remarks, or forcing sexual behavior upon others, as a requirement for academic study, research, supervision, advice, employment, administration, and participation in other University-related activities;
2) Basing academic evaluations, graduation requirements, administrative promotion or salary determinations on whether such sexual demands are accepted or rejected;
3) Unfairly impeding individuals in fulfilling their work responsibilities, causing discomfort, and/or markedly degrading their academic study/research or work environment through such sexual demands/remarks/behavior.
Because sexual harassment can be manifested in a variety of forms such as physical contact, sexual violence, ogling, and dirty jokes, there may be cases in which judgment is difficult due to differences of perception or nuance.Therefore, the University should identify a pattern of specific remarks and behavior (including "gray zone" cases) that actually violate individual will, markedly degrading the study/work environment, or posing an impediment to an individual's talents and/or other abilities.
There are two kinds of sexual harassment: "quid-pro-quo” sexual harassment, in which a person may suffer disadvantage in academic/research or work conditions due to his or her response to another individual's sexual remarks and behavior; and "hostile environment” sexual harassment, which involves sexual remarks/behavior damaging an individual's study/work/academic research environment.
By "sexual remarks and behavior," the
University means sexually suggestive comments
and sexual behavior. Specifically, these comments
include dirty jokes and teasing as well as direct
questioning regarding an individual's sexual experience.
Other examples are the spreading of rumors of
a sexual nature such as those suggesting that
an individual has licentious habits. Women may
also be sexually harassed by comments asserting
that they have a large bottom or breasts. Other
sexually harassing behavior includes forcing/inviting
an individual to have sexual relations, displaying
obscene photographs/pictures, and touching body
parts.
Sexual harassment may also include harassment toward
persons of the same sex, stalking, and other remarks/behavior
that involve sexual discrimination.
This type of harassment signifies academically inappropriate
remarks/behavior and guidance by a faculty member
or an individual of authority within the University.
Whether or not such statements/actions are intentional,
they are considered harassment when taking advantage
of or deviating from authoritative responsibilities
and markedly interfering with or damaging a student's
motivation for study and research.
Between faculty members, a colleague with authority
could harass a junior colleague by interfering
with research, discriminating with regard to promotion,
and/or recommending that the junior colleague
quit. In the case of harassment between faculty
members and graduate/undergraduate students, the
supervising professor might recommend that the
student withdraw from the University or repeat
a year of study, refuse to offer proper academic
guidance, discriminate during class instruction,
prevent the student from receiving a degree, discriminate
in employment counseling, and/or make unfair grading
evaluations. More specifically, academic harassment
involves repeated remarks/behavior that may deny
the student's character in the name of instruction/guidance,
such as intentional discrimination or the setting
of unfairly strict requirements for an individual
concerning promotion or the awarding of an academic
degree.
However, educational styles and methods as well as student
impressions of academic instruction vary according
to each individual, making it difficult to distinguish
between actual harassment and unintentionally offensive
teaching habits. Since education presupposes teacher-student
communication it is necessary and essential that
students have a means by which to lodge complaints
regarding their teachers’ comments and/or behavior.
This type of harassment signifies either intentional
or unintentional remarks, behavior, guidance,
and/or treatment by individuals of higher status,
taking advantage of their authoritative positions
in the workplace, or deviating from these positions
that produces results that may considerably hinder
an individual's motivation to work and degrade
the environment for fellow or junior colleagues.
Verbal harassment includes comments like, "You
are good for nothing" or "You can quit
anytime; we have enough staff members to fill
your place. "Other examples include harassment
based on administrative authority such as public
scolding, ostracizing, malicious intentional interference
in promotions and/or salary increases, purposeful
transferring of individuals to specific sections
against their will, forcing an individual to participate
in bid-rigging or other illegal activities, and
not communicating necessary job-related information.
However, strict administrative guidance for the
purpose of training should be distinguished from
power harassment. It is also difficult to determine
power harassment cases due to individual differences
in impression and subtle nuances in expression.
Nonetheless, emotional outbursts toward others in
the name of instruction/training are unforgivable,
and while some behavior may be subjectively intended
for instructional and training purposes, it may
go so far as to deny the individual's
character and/or lifestyle. |
|
| 3. Application Range of Guidelines |
 |
 |
These guidelines apply generally to the members of the University community, including full-time faculty, research associates, part-time faculty, full-time staff, contract employees, part-time employees and other short-term workers, graduate students, undergraduate students, pupils, non-regular students, and international students.The guidelines also apply to recognized University members such as teaching assistants, research assistants, and other persons continuously involved in the University's education and research. Other possibilities for application include both internal and external cases of harassment that are recognized as highly detrimental to actual studying and working at the University, in which the aggressor(s)/victim(s) are faculty members, staff members, and/or regular/non-regular students of the University.
In the case of campus contractors, employees of University-affiliated companies, students of other universities, and others who do not belong to the University system, the University will strongly request that the part of the university with which such individuals are associated provide a detailed explanation of the purpose, goals, and principles of these guidelines and strictly enforce harassment prevention, as well as penalize harassment perpetrators. |
|
| 4. Harassment Consultation Desk |
 |
 |
The University will promptly respond to harassment cases by setting up a consultation desk to relieve the physical and/or psychological damage and work out solutions to individual problems related to harassment.
This consultation desk will receive all complaints
and other allegations of harassment, including
individual counseling, as indicated in Section
5.Those needing such assistance should contact
the consultation desk by telephone, e-mail, fax,
or regular mail. Please refer to the website for
further details.
When any University offices such as the Office of Student Affairs, the Career Center, the Personnel Section, administrative offices of respective undergraduate/graduate schools, University libraries, the Center for International Education, or the Human Services Center receive individual consultations concerning harassment, they should immediately report the incident to the Harassment Prevention Committee and cooperate to provide an appropriate response.
Similarly, when individuals of the University faculty and administration receive a personal consultation regarding harassment, they should advise the person to present the case directly to the Harassment Prevention Committee and make the best possible efforts to solve the problem through their assistance. |
|
| 5. Harassment Prevention Committee |
 |
 |
The Harassment Prevention Committee must determine the specific care, support, and rehabilitation necessary for individual cases of harassment from a fair and neutral standpoint.The committee will classify individual cases, ranging from serious cases involving a grave impingement of human rights and/or acts of violence to subtle cases based on misunderstandings and rudeness which entail an adjustment of human relations, according to the intake (initial interview) and decide the approach for treating each case, in order to solve the problems.
Another important role for the Harassment Prevention Committee is to function as a central organization for preventing harassment in the University system, in cooperation and collaboration with external organizations, by collecting data on harassment, responding to complaints, and conducting education programs and training workshops, public surveys, and public information activities.The committee will accordingly compile brochures, provide information for the students, faculty and staff members, ascertain the current situation, and hold workshops on harassment prevention in close collaboration with related University organizations and departments.
Other responsibilities of the Harassment Prevention
Committee are investigative procedures to verify
the information regarding harassment, counseling
to solve human relations problems, mediation to
encourage voluntary settlement of complaints as
well as the implementation of various disciplinary
actions. In doing so, the committee will make sure
to secure individual rights to make counterarguments
and apologies, as well as protect the privacy of
the persons concerned. The actual structure of the
Harassment Prevention Committee, its members, and
authority, as well as its fundamental principles,
counseling, and regulation will be specified separately.
|
|
| 6. Procedure for Solving Individual Cases |
 |
 |
|
Harassment-related disputes should be solved
through agreement by the persons involved, counseling,
mediation, and other adjustments of interpersonal
relations taking into consideration the maintenance
of continuing relationships and trust within the
University. Thus, solving disputes regarding harassment
presupposes certain regulatory procedures.
On the other hand, when the persons involved cannot reach an agreement in spite of such mediation and the conflict cannot be resolved, or in cases of serious harassment in which the Harassment Prevention Committee acknowledges the need for disciplinary actions, the committee may submit an investigation record to related institutions to announce the suspension, etc., of the faculty/staff member/student involved. |
|
| 7. Prohibition of Unfair Treatment following Complaints and Claims |
 |
 |
| Individuals submitting
complaints and/or seeking consultation for psychological
and other damage due to harassment should never
be threatened, put under pressure, receive retaliatory
action or any other unfair treatment from the other
party. If the University does not adhere to this
principle, a vicious cycle of individuals with stronger
power forcing those of weaker power to submit cannot
be eliminated. Allowing such unfair treatment would
prevent harassment victims from seeking help and
support. The University has the right to take disciplinary
actions when harassed individuals receive unfair
treatment through statements and behavior such as
threats and forced submission, complaining and/or
seeking consultation with the victim. Harassment
victims receiving such unfair treatment or other
damages as a result of reporting an incident may
also resort to civil or criminal legal action. |
|
| 8. Confidentiality of Information |
 |
 |
|
In the process of seeking consultation and dealing
with complaints of harassment, the University
representatives, counselors, faculty and staff
members must protect the privacy and confidentiality
of all information concerning the persons involved.
Counselors, other consulting staff, and mediating
representatives should strictly avoid disclosing
not only personal information such as the name,
address, and phone number, but also the contents
of individual consultations, without good reason
and the prior agreement or consent of the individual.
This rigid confidentiality requirement between clients
and counselors, which is basic to building and
maintaining interpersonal trust, is also essential
to freedom of speech. Protecting the personal
information and other confidential data of harassed
persons and the alleged aggressors allows both
sides to speak freely and honestly.
Therefore, the University should take maximum care to protect the privacy rights of those involved in the extremely delicate issue of responding to and resolving harassment cases. |
|
| 9. Education, Training, and Consciousness-Raising Activities for Harassment Prevention |
 |
 |
The University will make efforts to identify the causes, background, conditions, and issues of harassment and attempt to disseminate this information through education, training, investigation, public information activities, and consciousness-raising, in order to facilitate public understanding of these matters, for the purpose of preventing/eliminating harassment that impedes well-being on campus and in the study/research/working environment.
The University will publish specific policies on, and countermeasures against, all forms of harassment by including them in University newspapers, brochures, posters, and other distributed materials, as well as publishing them in the Student Handbook, manuals, and regulations for faculty/staff members and students.The University will conduct regular workshops and training programs, to educate and increase awareness on the part of the University community regarding the prevention/elimination of harassment.
In addition, the Harassment Prevention Committee will document and distribute an annual report on its activities, investigative results, case studies, and other relevant details. |
|