Tokyo University of Agriculture and Technology University of Agriculture and Technology Guidelines for the Prevention and Countermeasures of Harassment and Sexual Violence
National University Corporation Tokyo University of Agriculture and Technology
Guidelines for Preventing Harassment and Sexual Violence and Countermeasures
(Revised on April 1, Reiwa 7)
1. Toward the prevention of harassment and sexual violence
Tokyo University of Agriculture and Technology declares that it will not tolerate any kind of harassment or sexual violence that undermines the dignity of individuals (human rights) and academic freedom, and will strive to improve education, research, and the working environment.
The University has established regulations on the prevention and countermeasures of harassment and sexual violence at the National University Corporation Tokyo University of Agriculture and Technology, and has established the Harassment and Sexual Violence Prevention Committee (hereinafter referred to as the "Prevention Committee") for the purpose of preventing various forms of harassment and sexual violence and providing prompt relief to victims. The Harassment and Sexual Violence Consultation Center (hereinafter referred to as the "Consultation Center") was established as a specialized organization for counseling and resolving issues filed with the committee. ) was opened. These guidelines were created to provide an easy-to-understand understanding of more specific definitions and types of harassment and sexual violence, as well as consultation services in the event of harassment or sexual violence.
At the counseling center, specialized harassment and sexual violence counselors (hereinafter referred to as "counselors") are provided by specialized counselors. We will accept the worries and feelings of harassment and sexual violence, and advise on future action guidelines and ways to obtain support. While fully considering the privacy of individuals, we will respond to consultations and petitions from the perspective of the consultee. In addition, we will respect the wishes of the consultee in all the post-consultation response process. In addition to the mediation system by the Prevention Measures Committee, the Harassment and Sexual Violence Investigation Committee may conduct investigations and necessary emergency evacuation measures. Please contact us as our counselor will handle the petition and problem solving. We also provide advice to faculty and staff who have been consulted about complaints of harassment or sexual violence.
In principle, anonymous consultations and complaints will not be processed or investigated, and only the content and number of cases will be reported to the Prevention Measures Committee anonymously by both parties.
For an overview of the flow after the consultation (the process of response and measures), please refer to the flow chart for harassment and sexual violence, etc., and for the rules related to the prevention of harassment and sexual violence, please refer to the National University Corporation Tokyo University of Agriculture and Technology Regulations on the Prevention and Countermeasures of Harassment and Sexual Violence. I strongly hope that all university members will read these guidelines and use them to change their minds and guide future actions.
2. Definition of harassment, sexual violence, etc.
Tokyo University of Agriculture and Technology defines harassment as "engaging in inappropriate words and actions based on a sense of discrimination or using power relations, thereby causing disadvantage or damage to the other person in connection with their studies, research, or job performance, including mental and physical aspects."
Harassment is characterized by the fact that the behavior is seen or perceived as offensive, humiliating, hostile, and threatening, or is seen as such by a reasonable third party.
Examples of harassment are roughly as follows. This may include discriminatory behavior, relentless bullying, harassment, or teasing, offensive comments about character or appearance, persistent and unreasonable criticism, abuse, or promises of compensation (e.g., credits, recommendations, promotions) in exchange for sexual favors or conduct, or denying or threatening necessary guidance or support.
In addition, what the perpetrator intended to do is not a requirement to constitute harassment.
In addition, "sexual violence, etc." is defined as "unwanted sexual acts and remarks committed without consent regardless of gender, relationship, and reason" and "Act on the Prevention of Sexual Violence against Students by Educational Staff, etc." (Reiwa 3 Law No. 57. Hereinafter referred to as the "Student Sexual Violence Prevention Act". Article 2, Paragraph 3 defines acts equivalent to acts (*1) as defined as "sexual violence against students" (*2), and among "sexual harassment", serious acts that may fall under criminal law also fall under this category.
In addition to criminal offenses or violations of nuisance prevention ordinances such as rape, sexual assault, stalking, molestation, voyeurism, and voyeurism, all unwanted sexual words and actions that are performed without consent can constitute sexual violence, including acts that constitute sexual harassment.
Counselors can provide necessary procedures, advice on physical and mental care, emergency evacuation measures, and other support.
*1: Items of Article 2, Paragraph 3
1. Engaging in sexual intercourse, etc. (meaning sexual intercourse, etc. as defined in Article 177, Paragraph 1 of the Penal Code (Act No. 45 of 1907); the same applies hereinafter in this paragraph) with a child, student, etc. or causing a child, student, etc. to engage in sexual intercourse, etc. (except when a person has engaged in sexual intercourse, etc. with a child, student, etc. after being assaulted or threatened by the child, student, etc., or when there are special circumstances that are deemed to be unlikely to have a harmful effect on the child, student, etc.'s mind or body).
2. Committing obscene acts on children, students, etc. or making children, students, etc. commit obscene acts (excluding those listed in the preceding item).
3. Committing an act that constitutes a crime under Article 182 of the Penal Code, a crime under Articles 5 to 8 of the Act on Regulation and Punishment of Activities Relating to Child Prostitution and Child Pornography and Protection of Children (Act No. 52 of 1999; hereinafter referred to as the "Child Pornography Act"), or a crime under Articles 2 to 6 of the Act on Punishment of Acts Relating to Filming Sexually Active Photographs and Erasure of Electromagnetic Records Relating to Images of Sexually Active Photographs Recorded in Seized Items (Act No. 67 of 2023) (limited to those relating to children, students, etc.) (excluding those set forth in the preceding two items).
4. Committing any of the following acts to a student, etc. (limited to those that have a harmful effect on the mind or body of a student, etc.) that cause the student, etc. to feel extremely embarrassed or anxious, or making the student, etc. commit such acts (excluding those listed in the previous three items):
(a) Touching a person's sexual parts (meaning sexual parts as defined in Article 2, Paragraph 3, Item 3 of the Child Pornography Act) or other parts of the body directly or through clothing or other personal items.
(b) Photographing, or pointing or placing a camera or other device at, a person's underwear or body, which is normally hidden by clothing.
5. To verbally or physically offend children, students, etc. by behaving in a way that offends their sexual sense of shame and has a harmful effect on their physical and mental health (excluding those listed in the preceding items).
*2: Even if it is not an act from Faculty Member to a student (such as between students or from a student to a faculty member, etc.), it is applicable if it is an "equivalent act".
3. Types of harassment and specific examples of behavior that can constitute harassment
To create a university campus free from discriminatory behavior based on gender, as well as discrimination based on race, ethnicity, status, place of birth, alma mater, disability or illness, and bullying or other forms of forced submission based on hierarchical or power relationships, all members must be aware of respecting each other's personalities and cultural backgrounds, and recognize that harassment violates the personal rights of others, whether consciously or unconsciously, and can sometimes cause serious mental and physical health problems. For example, even if one person does not perceive something as harassment, it may be perceived as harassment when people from different countries interact with each other due to social, cultural, or religious differences.
1) Sexual harassment
It is a human rights violation that is considered a form of sex discrimination. It is characterized by the inappropriate introduction of sexual comments or activities into academic, work, or social situations, and often occurs between people of unequal status. If there is an abuse of a position of authority or trust, the University considers it to be serious sexual harassment, even if no clear benefit or disadvantage is presented.
Additionally, making discriminatory remarks about sexual orientation is also considered sexual harassment.
Please note that whether or not a certain behavior constitutes sexual harassment depends entirely on how the other person perceives it (whether they find it "uncomfortable"), and is not determined by the feelings of the person making the behavior.
2) Harassment related to pregnancy, childbirth, childcare leave, nursing care leave, etc.
Harassment related to pregnancy, childbirth, childcare leave, family care leave, etc. occurs in the workplace when a superior or colleague harms the working environment of a faculty or staff member through their words or actions regarding the faculty or staff member's pregnancy, childbirth, or use of childcare/family care leave systems, etc., or harms the working environment of female faculty or staff members through their words or actions regarding pregnancy, childbirth, etc.
Negative words and actions regarding pregnancy, childbirth, childcare leave, family care leave, etc. can be the cause or background of harassment related to pregnancy, childbirth, childcare leave, family care leave, etc., so please be careful to avoid such words and actions.
However, from the perspective of division of labor and safety considerations, verbal or physical actions that are objectively based on work-related necessity do not constitute harassment related to pregnancy, childbirth, childcare leave, family care leave, etc.
Additionally, faculty and staff who are pregnant or giving birth, or who use childcare or nursing care systems, etc., need to know that they can use these systems to avoid being subjected to harassing behavior, and they need to be aware of the importance of carrying out their duties appropriately in accordance with their own physical condition and the use of these systems, etc., while maintaining smooth communication with those around them.
*The same awareness is required regarding student pregnancy and childbirth.
3) Racial/ethnic harassment
Racial and ethnic harassment is considered a form of racial discrimination and will not be tolerated. The University considers any conduct or manifestation that is demeaning or offensive on the basis of racial, ethnic or national origin, or any incitement to participate in such conduct, to be harassment.
4) Academic harassment
Academic harassment is "inappropriate verbal or physical actions by members of a university based on a power relationship, causing disadvantage or damage to the other person in relation to their studies, research, or work performance, including mental or physical aspects" (based on the report of the Five Universities Joint Research Council for Measures to Prevent Academic Harassment)
However, similar behavior may or may not constitute academic harassment depending on the background and various circumstances.
Resolving academic harassment issues is difficult because it is difficult to draw the line between proper educational and research guidance and the exercise of official authority on the one hand, and the abuse of power on the other. It also involves vague definitions and delicate issues. However, the number of consultations about this type of issue has been increasing nationwide, especially in science Faculty & Graduate Schools, and a unified response to this issue as harassment is required to provide relief to victims and improve the educational environment.
Harassment is a violation of human rights that robs people of their right to a safe and secure education, research, and work in a comfortable environment. Therefore, those in leadership positions, in particular, must be fully aware of this, strictly refrain from any actions that betray the trust of students and subordinates, and strive to create a good educational, research, and working environment.
5) Power harassment (workplace power harassment)
Power harassment is an act that goes beyond the appropriate scope of work and inflicts mental or physical pain or worsens the work environment on a coworker, using superiority in the workplace, such as job status or interpersonal relationships. It does not only include harassment perpetrated by a superior against a subordinate, but also includes harassment perpetrated between seniors and juniors, between colleagues, and other situations based on various superiority, such as interpersonal relationships or specialized knowledge, not limited to job status. (Depending on the nature of the harassment, it can also be perpetrated by a subordinate against a superior, such as a subordinate against a superior.) (Based on the report of the Ministry of Health, Labor and Welfare's "Roundtable Working Group on Workplace Bullying and Harassment Issues")
6) Alcohol harassment
Alcohol harassment includes forcing someone to drink in one go, not providing non-alcoholic drinks at a drinking party, forcing someone to pour drinks, and forcing someone who cannot drink due to their constitution to drink alcohol.
7) Other harassment
Any behavior not listed above that meets the university's definition of harassment will be considered harassment.
4. If you experience harassment or sexual violence
1) If you feel you are being subjected to harassment or sexual violence, if at all possible, clearly communicate in words and actions that you "don't want," "cannot accept," or "are uncomfortable" with such behavior. It is important to have the courage to refuse and clearly communicate your intentions to the other person. However, there may be times when you cannot say "no." It is also important to talk to people around you and get help. You should not feel bad or that you have to endure it.
2) A letter, snail mail, or email may be easier to communicate (keep a copy). This alone may be enough to stop the behavior.
3) You may think that you will be in trouble if you are refused guidance or if the harassment gets worse because you say "no". If the other person has such an attitude, record it and use the counseling center. The university does not allow such acts.
It is important to keep a detailed record or journal of any events related to the problem that bothers you. This is especially true when you feel that you cannot talk to the other person, or if the behavior persists even after you have spoken.
Write in your journal or diary details how the act has changed your Campus Life, academic and research activities, work and social life, or damaged your physical and mental health.
4) If you are unable to take these measures yourself, or if the behavior does not stop, please consult a counselor.
5. Consultations regarding harassment, sexual violence, etc., consultation desks, and subsequent responses
(See the "Response Flow Chart")
The counselors are full-time and part-time counselors at our university who are experts with special training.
If you find it difficult to go on your own, ask someone to escort you. We will listen carefully from the perspective of the consultee, help them understand and organize the situation, and respond to consultations to make their own decisions on future response policies and solutions. If necessary, we will refer you to counseling and medical professionals. We will mediate the petition according to the client's wishes and show the path to solving the problem. Counselors protect the honor and privacy of the counselor.
Methods for resolving the problem include caution and warning to the other party, as well as compulsory measures such as fact-finding, mediation (discussion between the parties), recommendations, and disciplinary action. These are done as quickly as possible through formal procedures, but in all cases, they are done only after fully confirming the client's intentions. You can also withdraw the petition or other procedure at any stage.
If there is an urgency at the time the petition is filed (even during consultation), such as the suspicion of harassment or sexual violence, and the person is seriously disabled or mentally disabled, the Prevention Measures Committee may recommend emergency evacuation measures to the directors of the departments and bureaus to which both parties belong as temporary measures.
Harassment, sexual violence, etc. may be resolved only through consultation. Not all consultations lead to investigation, reporting, and disposition of the perpetrator. In all processes of your consultation and response after the petition, we will respect the wishes of the consultee to the fullest extent and make every effort to protect privacy. Personal information will not be disclosed without the consent of the client, and the information will be disclosed only to the person who protects the client, and all investigations will be kept confidential.
If a faculty member other than a counselor receives a consultation, the specific matters must be reported to the consultation desk with the consent of the counselor. Counselors also provide advice to faculty, staff, and students who have been consulted.
Universities treat complaints of harassment and sexual violence as serious issues. Therefore, you must not make false claims that are not based on facts or slander without basis based on malice.
In addition, we will not treat employees or students who have provided consultation, cooperation in the relevant damage relief procedures, or other reasonable responses regarding harassment or sexual violence.
Details such as the date and time of the consultation and the location of the consultation room are listed on the campus bulletin board and the university website.
○Harassment, sexual violence, etc. consultation desk
The consultation dates, times, and locations of the consultation rooms are as follows. For more details, please check the university's website.
Harassment and Sexual Violence Consultation Desk (on-campus only)
◎ Consultation email address (common to both campuses): sa-sodan (insert @ here) cc.tuat.ac.jp
◎Fuchu Campus Counseling Room
Location: 1st floor, Main Building for Faculty of Agriculture
Consultation time: In principle, once a week from 9:00 to 12:00
Phone number: 042-367-5536 (extension 5536 from within the university)
*Telephone calls are accepted only during consultation times.
Koganei Campus Counseling Office
Location: Faculty of Engineering Administration Building 3rd floor
Consultation time: In principle, once a week from 9:00 to 12:00
Phone number: 042-388-7018 (extension 7018 from on campus)
*Telephone calls are accepted only during consultation times.
You can schedule an appointment with a counselor via email or phone.
Other "student counseling" and "career/employment counseling" are conducted outside of the hours for counseling on harassment, sexual violence, etc., so please contact us by email with your contact information and the times when you can be contacted.
A counselor will contact you, but please understand that we may not be able to respond promptly.
◆ Cabinet Office Gender Equality Bureau website
You can get information on efforts to prevent sexual crimes and sexual violence, as well as information on one-stop support centers for victims of sexual crimes and sexual violence.