Harassment Prevention CommitteeWaseda University

How Waseda Deals with Harassment

Guidelines for Harassment Prevention

The official version of the Guidelines is written in Japanese.

In the case where this document is written in Japanese and in other languages and there is any inconsistency or difference between the versions of this document, Japanese version shall prevail in all respects.

The Waseda University Guidelines for Harassment Prevention

1. Basic Policy for Harassment Prevention

Waseda University Educational Corporation (hereafter, the University) declares the adoption of protective, preventive measures against harassment of any kind involving all students, faculty, and staff, in order for them to be respected as individuals and 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 who have experienced harassment. In addition, the University is striving to take effective countermeasures against harassment complaints including 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 parties involved and those with a special interest in the case.

With 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 retaliatory measures and other forms of disadvantageous treatment in connection with making a consultation or filing a complaint, secure the privacy of every person involved, make recommendations pertaining to disciplinary actions such as dismissal or discharge, and promote further harassment prevention and education via various training and educational programs.

2. Defining "Harassment"

The term “harassment” as used in these guidelines refers to any disadvantage or discomfort caused to another person, or any undermining of their dignity resulting from unfair discriminatory treatment or prejudicial words or actions relating to gender, sexual orientation, gender identity, race, ethnicity, nationality, creed, age, disability, occupation, social status, etc., or words or actions relating to attributes such as physical characteristics or broadly relating to overall character.

These guidelines deal with every form of harassment that occurs against the will of another individual or individuals in the context of a dominant position, supervisory position, professional position, ongoing relationship, or certain other personal relationships at the University, worsening the study/work/education/research activities and environment of said individual or individuals. Examples within the University system include, but are not limited to 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 inappropriate behavior and remarks in the context of a professional or academic position or dominant status in an interpersonal relationship. Harassment also includes inappropriate language and behavior related to pregnancy, childbirth, childcare and nursing care leave, stalking, forced alcohol consumption, and psychological harassment using words and attitudes. Revealing sensitive information about someone’s personal attributes against their will and without justifiable grounds is also considered harassment.

In some cases, a “romantic relationship” between a faculty/staff member and a student may be considered harassment. Although romantic relationships are in principle based on free will, it is  extremely difficult for faculty/staff members and students, due to the power imbalance, to form a free and equal relationship, and harassment, such as violating the free will of students, whether consciously or unconsciously, often occurs in the process of forming or maintaining such “romantic relationships”. In addition, given the ease of doubts arising about the fairness of grading, etc., the University believes that it is undesirable for faculty and staff, such as academic advisors, to have close relationships, not limited to romantic relationships, with specific students beyond that of a faculty/staff member and a student. In such cases, action may be taken to remove a party from the supervisory or other relationship. Even in cases not recognized as harassment, disciplinary action may be taken if, as a result of conduct that calls into question a faculty/staff member’s fitness for their position in terms of their relationship with a student or students, there are grounds for disciplinary action as stipulated in the University’s regulations.

A more detailed description of three types of harassment specific to universities is given below.

a. Sexual Harassment

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/education/research or work environment through such sexual demands/remarks/behavior;

4) Remarks or behavior based on a discriminatory or prejudicial attitude regarding gender, sexual orientation or gender identity, or based on the idea of differentiated gender roles;

5) Revealing information regarding an individual’s sexual orientation or gender identity against their will or without verifying their consent (outing), etc.

Information about an individual’s sexual orientation and gender identity is sensitive personal information, and it is up to the individual to decide whether or not to disclose it (come out). It is prohibited for others to disclose such information against the individual’s will, or to force or forbid such disclosure.

Sexual harassment includes harassment of members of the same sex as well as members of the opposite sex.

Because sexual harassment can be manifested in a variety of forms such as physical contact, sexual violence, overt sexual staring, sexual jokes and teasing, etc., there may be cases in which judgment is difficult due to differences of perception or nuance. Therefore, the University must 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 education/research or work conditions due to their response to another individual’s sexual remarks and behavior; and “hostile environment” sexual harassment, which involves sexual remarks/behavior that damage an individual’s study/work/education/academic research environment.

By “sexual remarks and behavior,” the University means sexually suggestive comments and sexual behavior. Specifically, these comments include sexual jokes and teasing as well as direct questioning regarding an individual’s sexual experience. Other examples include spreading rumors of a sexual nature, such as suggesting that an individual has licentious habits, referring to the size of an individual’s bottom or breasts etc., making insulting remarks about sexual orientation and gender identity, remarks and behavior that denigrate sexual diversity, and remarks based on stereotyped beliefs regarding gender roles, such as “because you’re a man” or “even though you’re a woman.” Other sexually harassing behavior includes forcing/inviting an individual to have sexual relations, displaying obscene photographs/pictures, touching body parts, or imposing stereotypical gender roles.

b. Academic Harassment

Academic harassment refers to inappropriate remarks, behavior, supervision, or treatment in the context of a person’s position, authority, or preeminence in education and research that, whether consciously or unconsciously, goes beyond what is necessary and reasonable for education and research and markedly interferes with the research environment of the person being supervised or their motivation to conduct research, or causes them mental or physical distress.

In the case of harassment of graduate/undergraduate students by faculty, a supervising instructor 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. Harassment between faculty members could involve a colleague with authority interfering with a junior colleague’s research. More specifically, academic harassment may involve intentional discrimination or the setting of unfairly strict requirements for an individual concerning degree examinations, research guidance, or promotion evaluations, or repeated remarks/behavior that go beyond academic instruction and undermine an individual’s character.

However, styles and methods of education and research, 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 appropriate 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.

c. Power Harassment

Power harassment refers to inappropriate remarks, behavior, supervision, or treatment in the context of a person’s professional or academic position and authority or dominant status in an interpersonal relationship that, whether consciously or unconsciously, goes beyond what is necessary and reasonable for work or study and markedly interferes with another’s motivation to work or study, their work or study environment, or causes them mental or physical distress.

Examples include remarks and behavior that denigrate a person’s ability or character, such as “you are good for nothing,” or “if you don’t like it you can quit, we have plenty of people to fill your place,” repeated loud and overbearing reprimands in the presence of many people, ostracism, malicious intentional interference in promotions and/or salary increases, intentionally unfair job reassignments, forcing others to participate in wrongdoing, intentionally not communicating necessary job-related information, discrimination in promotion, encouraging a person to resign, and other actions based on administrative authority.

Harassment between students can be a particular problem in club activities, societies, and seminars. Inappropriate remarks, behavior, supervision, or treatment that, in the context of one party’s dominant status (arising from differences in position, etc.), goes beyond what is necessary and reasonable and significantly interferes with a person’s study or living environment, or causes them mental or physical distress, constitutes power harassment even when it occurs among students and graduates (including those who have withdrawn from the University).

In the context of instruction, training or guidance, there may be times when harsh remarks are made in the course of work or study, but these must be distinguished from the power harassment discussed here. 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 or guidance are unacceptable, and while some behavior may be subjectively intended for instruction, training or guidance purposes, it may be objectively regarded as excessive behavior that denigrates an individual’s personality or lifestyle.

The dominant status mentioned above is not limited to job position and authority, but can include various advantages such as differences in knowledge and experience within a relationship, or the advantage that a large number of people has over an individual, etc. Harassment can be committed not only by a superior against a subordinate, but also vice versa, or between colleagues.

3. Application and Scope of these Guidelines

These guidelines apply to the University’s academic staff (including tenured faculty, fixed-term faculty, researchers, research associates, research associates for a research project, part-time lecturers, visiting faculty, etc.), instructors (part-time), full-time staff, full-time contract staff, part-time contract staff, dispatch employees, temporary employees, graduate students, undergraduate students, pupils, non-regular students, and international students. These guidelines also apply, or shall apply mutatis mutandis, to persons who are recognized as members of the University community or employees of University-affiliated companies who have an ongoing relationship with the education, research, or business of the University. Furthermore, these guidelines will be broadly applied or applied mutatis mutandis regarding harassment that is deemed to substantially interfere with the University’s study and work environment, whether on or off campus, as long as the victim or perpetrator is a faculty member, staff member, or student of the University.

In the case of campus contractors, students of other universities, and others who do not belong to the University system, the University will provide a detailed explanation of the purpose, goals, and principles of these guidelines and strongly request that the organization to which such individuals are associated strictly enforce harassment prevention, as well as penalize harassment perpetrators.

In the event that a student is subjected to harassment in the course of job-hunting or during internships, educational training, or other forms of practical training, the University will request that the employer, etc. to which the alleged harasser is affiliated confirm the facts and take strict action.

4. Harassment Consultation Desk and Handling of Harassment Complaints

The University has established a consultation desk to provide advice regarding harassment.

The consultation desk will respect the feelings and intentions of the individual or individuals concerned, and work with them to find solutions. In addition, after consultation at the consultation desk, those who wish to may file a complaint with the Harassment Prevention Committee. The complaint filing system is designed to help victims of harassment. Through these consultation and complaint systems, the University will take prompt and appropriate action to remedy harm and resolve problems.

Consultation and complaints are handled at the consultation desk. Those needing such assistance should file a consultation or complaint with the consultation desk by using the web application form or e-mail. Detailed instructions are available on the Harassment Prevention Committee’s website.

When any University organization, such as the Student Affairs Section, the Career Center, the Student Diversity Center, the Personnel Section, the offices of each undergraduate and graduate school, the Academic Advising Office, the Library, the Center for International Education, or the Health Support Center, receives a consultation regarding harassment from a student, a faculty/staff member, etc., they will report the matter to the Harassment Prevention Committee in principle obtaining the consent of the person who made the consultation, and both organizations will 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 will determine the specific action necessary for individual cases of harassment from a fair and neutral standpoint. Specifically, the committee will decide on a policy for handling each case, depending on whether it is urgent and involves grave impingement of human rights and/or acts of violence to subtle cases based on misunderstandings or inadequate awareness, and work to resolve the issue.

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, surveys on actual situations, and information activities. The committee will accordingly compile brochures, provide information for the students, and faculty and staff, 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, taking the necessary actions to resolve the problem, and making recommendations regarding 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 specific structure, members, authority, and procedures of the Harassment Prevention Committee shall be stipulated in the Harassment Prevention Committee Regulations.

6. Procedure for Solving Individual Cases

Harassment-related disputes will, in consideration of the maintenance of ongoing personal relationships and trust at the University, be resolved with the consent of the parties involved and, depending on the circumstances, their families, etc., and the necessary action will be taken to resolve the problem.

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 make recommendations pertaining to disciplinary action, etc., of the faculty/staff member/student involved.

If necessary, the Harassment Prevention Committee will take measures to prevent the recurrence of harassment by providing, in cooperation with relevant organizations and experts, awareness-raising training and counseling to those who have committed harassment.

7. Prohibition of Disadvantageous Treatment following Consultations and Complaints

Individuals who file complaints and/or seek consultation for psychological and other damage due to harassment must not be subjected to malicious actions, slander, rumor spreading, threats, intimidation, or other forms of retaliation or other disadvantageous treatment by the other party towards the complaint. In addition, no person involved in the case or any member of the Harassment Prevention Committee shall be subjected to any disadvantageous action by the subject of the complaint. 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 disadvantageous action would prevent harassment victims from seeking help and support. Any person who threatens, coerces, retaliates against, or otherwise treats in a disadvantageous manner a person who has sought consultation or filed a complaint about harassment, cooperated in an investigation, or otherwise taken legitimate action to prevent harassment may be subject to disciplinary action. Harassment victims subject to such unfair treatment or other harm 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, the people in charge of the consultation desk (hereinafter referred to as “counselors”), faculty and staff, etc. must protect the privacy and confidentiality of all information concerning the persons involved. Counselors and committee members in charge of handling complaints should strictly avoid disclosing, without good reason and the prior agreement or consent of the individual, not only personal information such as the names, addresses, and phone numbers of consulters, complainants, and the other parties involved, but also the details of individual consultations.

This strict duty of confidentiality between those who seek consultations/file complaints and counselors/committee members is fundamental to building and maintaining a relationship of trust, and is also essential for people to feel safe discussing any topic. 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 Awareness-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 awareness-raising, in order to facilitate public understanding of these matters, for the purpose of preventing and eliminating harassment that impedes well-being on campus and in the study/education/research/working environment.

The University will spread awareness of specific policies on, and countermeasures against, all forms of harassment by posting them on the internal website, brochures, posters, and other distributed materials, as well as publishing them in the student web guide, 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 and 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.

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