July 12, 2007 The Office of Harassment Prevention Guidelines on the Prevention of Harassment in Hokkaido University Japanese→ ●１. Aims of the Guidelines ●２. Harassment is strictly forbidden in Hokkaido University ●３. What is harassment? ●４．How to prevent yourself from harassing someone ●５．What to do when you are being subjected to harassment? ●６．What to do if you witness harassment or are asked for help? ●７．Hokkaido University’s system for responding to harassment ●８．Consultation ●９．Investigation and Resolution ●10．Confidentiality and Support for Complainants ●11．Action against harassers ●12．False statements are forbidden ●13．Seminars and Trainings ●14．Revision of guidelines and related regulations １．Aims of the Guidelines The following guidelines provide ways of dealing with harassment for administrators, faculty, staff, students, and other individuals engaged in any activity or program at Hokkaido University. They cover the definition of harassment, the preventive measures to be taken, and the procedures for responding to and resolving reports of harassment. ２．Harassment is strictly forbidden in Hokkaido University (1) Harassment ruins a person’s dignity and is a serious violation of human rights. It is strictly forbidden in the University. (2) The University determines to make every effort to provide necessary remedies for those who suffer the ill-effects of harassment, and to take strict action against those who harass members of the University. Harassers must reflect deeply on their wrong conduct and may face disciplinary action up to and including termination of employment or student status. (3) The University is committed to taking responsibility for preventing and responding to the occurrence of harassment in order to create and maintain a harassment-free environment in education, research, and work. (4) It is the responsibility of every administrator, faculty member, staff member, and student of the University to contribute to preventing harassment in the University. ３．What is harassment? “Harassment” is a term which incorporates the concepts of “bullying” and “abuse.” Hokkaido University considers that harassment can be both “sexual harassment” and “academic harassment,” which will be defined in the following paragraphs. Harassment also includes those incidents occurring outside the University campus and during out-of-work and out-of-school hours. For example, it includes remarks and/or behaviors that occur during travel and on business, professional, or educational trips, and on social occasions such as welcoming, end-of-year, and farewell parties participated by students or employees. (1) Sexual Harassment 1) Sexual Harassment refers to unwelcome verbal or physical conduct of a sexual nature which causes discomfort and is harmful to recipients. In determining whether the reported conduct constitutes sexual harassment, consideration shall be given to the subsequent effect of such conduct on the recipient rather than the intent of the accused. 2) There are two types of sexual harassment: the “Hostile environment” type and the “Quid pro quo” (something for something) type. 1 Hostile Environment Sexual Harassment is unwelcome sexual advances and verbal or physical behavior of a sexual nature which creates a hostile and intimidating environment and has the effect of interfering with an individual’s work and academic performance. 2 Quid Pro Quo Sexual Harassment is unwelcome sexual advances or requests for sexual favors by those taking advantage of a position of authority (e.g., an academic superior, a supervisory employee or a senior ranking student) in exchange for work or academic benefits to the recipient, favorably or detrimentally. 3) Examples of Sexual Harassment 1 Hostile Environment Sexual Harassment a. Lewd conversations in offices or laboratories, unwelcome references to various parts of the body or asking their physical measurements. b. Exposing oneself in front of a person of the opposite sex, displaying sexually suggestive photographs and pictures. c. Demanding someone to pour drinks like a waitperson or sing a Karaoke duet at parties. 2 Quid Pro Quo Sexual Harassment a. Any sexual advances pretending to be a part of educational or managerial guidance. b. Treating someone unfavorably over academic or managerial decisions in exchange for the refusal of a previous sexual advance. 4) Sexual harassment occurs more often in hierarchical relationships (such as relations between senior and junior ranking students, a supervisor and a subordinate, a faculty advisor and his/her student or a TA and a student) than between peers or colleagues. 5) The most common form of sexual harassment is that of men harassing women, but the opposite case occurs occasionally. Sexual harassment may also occur between people of the same sex. 6) Inappropriate remarks and/or behavior of a sexually discriminatory nature based on the assumption or belief that women are subordinate to men is also deemed to be sexual harassment. (2) Academic Harassment 1) Academic harassment involves relations between people of unequal authority or status in the University community. It refers to inappropriate remarks and/or behavior that make use of a position of superiority to limit the benefits or full participation of work or study of those in a subordinate position in the University or to harm the recipients’ dignity and self-esteem. Power harassment is also deemed to be academic harassment. 2) Examples of Academic Harassment 1 Academic harassment in work and research activities a. Arbitrarily limiting access to equipment or facilities of the University as well as limiting the opportunities for presenting or publishing his/her work. b. Delaying feedback and/or supervision to disrupt daily work c. Requiring an amount of daily work which is impossible to complete within regular working hours. 2 Academic harassment in teaching and learning a. Limiting instruction and/or supervision which disrupts the normal progress of a student’s academic standing b. Giving an amount of assignments which common sense would dictate to be impossible to complete c. Inappropriate grading and evaluation of student work 3) Academic harassment occurs more often in the relationship between people of unequal authority or power, such as relations between senior and junior ranking students, a supervisor and a subordinate or faculty and students, than between peers or colleagues. 4) Inappropriate remarks and/or behavior based on the discriminatory belief or assumption that people in lower positions should be subservient to people in superior positions, or that the numerically superior can ignore the opinion of the minority, are categorized as academic harassment. 5) The most common form of academic harassment is that of people in superior positions harassing people in lower positions, but the opposite case also can occur occasionally by the manipulation of numerical advantage. ▲このページの先頭へ ４．How to prevent yourself from harassing someone To prevent from harassing someone, it is necessary to recognize the importance of the following points. (1) Respect others and build up a habit of behavior that is sensitive to other people's feelings and viewpoints. (2) Develop an awareness that all of us are equal and are important partners to each other in society. (3) Do not be misled by the assumption that you have a favorable relationship with the person to whom inappropriate remarks and/or behavior might be directed. (4) The perception of sexual harassment varies from individual to individual so that the recipient’s feeling is a decisive factor. 　For example, remarks and/or behavior intended to show friendship may sometimes cause discomfort to others. Remarks and/or behavior acceptable to one person can be considered sexual harassment by another depending on regional and cultural differences. ▲このページの先頭へ ５．What to do when you are being subjected to harassment? Take the following action: (1) Make it clear to the person causing offence that his/her remarks and/or behavior are unwelcome or unjust to you when you feel uncomfortable or find yourself being treated unfairly. If you find this difficult to do, ask for advice from trusted people such as your friends and colleagues. (2) Do not blame yourself or suffer alone. Ask for help from Harassment Prevention Advisors. 　Being harassed is not your fault. (3) Take notes of details, for example, the dates and times when you have been harassed, and the specific remarks and/or the behavior of the person causing offence. ▲このページの先頭へ ６．What to do if you witness harassment or are asked for help? Take the following action: (1) Warn the person causing offense if you witness harassment. If you find this difficult to do, ask for advice from your friends, colleagues, supervisor, and others. Your act of kindness may lead to resolving the harassment. (2) Encourage the person to seek advice from Harassment Prevention Advisors if you are asked for help from friends or colleagues. You can also offer further help such as accompanying them to see the advisors. ▲このページの先頭へ ７．Hokkaido University’s system for responding to harassment (1) The University handles incidents of harassment through two avenues. The consultation function is a process wherein Harassment Prevention Advisors receive inquiries and claims of harassment. The investigation and resolution function is a process where fact-finding interviews are conducted and then appropriate corrective measures and disciplinary action will be requested to the appropriate unit of the University. (2) The University offers an explanation of the system and procedures beforehand to those who report harassment, and makes all kinds of efforts to resolve the harassment. (3) The University helps to clarify the way the complainant chooses to resolve the harassment, and makes all the efforts to its settlement respecting his/her wish accordingly. ▲このページの先頭へ ８．Consultation (1) The role of Harassment Prevention Advisors 1) Hokkaido University appoints faculty, staff, and experts from outside the University as Harassment Prevention Advisors (to be abbreviated as “HPAs”). As HPAs protect your honor and privacy, do not hesitate to get advice and help from them. 2) Consultation with HPAs is available for not only those who claim harassment but also their friends and concerned others on behalf of the complainant. Consultation is available by phone, regular mail, e-mail and other methods. Contact an HPA before taking any other actions. 3) The names and contact information of HPAs are listed on the harassment awareness card, on posters and on the website. 4) Consultation is usually conducted by two HPAs, one of each sex. A complainant can bring attendants such as friends when visiting HPAs. 5) HPAs write down what is discussed in a consultation session and submit a written report to the chairperson of the Harassment Prevention Advisors Committee. Then, if it is necessary, the HPAs may make an inquiry with the accused harasser. This inquiry is a part of the consultation procedure and is not a fact-finding interview by the investigative committee. 6) HPAs confirm the written contents with the complainant by repeating them during the consultation session or at the end of the consultation session. (2) The Role of the Harassment Prevention Advisors Committee 1) The chairperson of the Harassment Prevention Advisors Committee (to be abbreviated as “the HPAs Committee”) reviews the written report submitted by the HPAs, and judges if it is necessary to immediately set up an investigative committee. If deemed necessary, the chairperson transfers the report to the director of the Office of Harassment Prevention (“the Office”) and requests a fact-finding investigation. 2) The chairperson of the HPAs Committee may aid in resolving the harassment, if the complainant chooses a peaceful settlement with the accused. 3) If the chairperson of the HPAs Committee finds it impossible to resolve the harassment with the assistance of HPAs after reviewing the results of the inquiry with the accused harasser, he/she may, with the complainant’s consent, report the case to the director of the Office with the request of a fact-finding investigation. ▲このページの先頭へ ９．Investigation and Resolution (1) The Role of the Office of Harassment Prevention (“the Office”) 1) Upon the request by the chairperson of the HPAs Committee, the director of the Office sets up an investigative committee in the Office and conducts a fact-finding interview. 2) The director shall take immediate action to relieve the sufferer in cooperation with the deans/directors of the units involved, if it is found to be necessary, while the investigation proceeds. 3) The director of the Office informs the sufferer of the start of the investigative committee and the subsequent results of its investigation including any remedies that have been made. 4) The director of the Office reports the results of the investigation to the President of the University and requests the deans/directors of the units involved to take necessary remedies. (2) The Role of the Investigative Committee 1) In order to handle a claim of harassment on a fair and equitable basis and from an objective perspective, those HPAs who had been consulted by the sufferers and had made an inquiry into the accused harassers, and those who have had a special interest in the sufferers or the accused harasser cannot be chosen as members of the Committee. As soon as it becomes clear that a member of the Committee has had relations with either party, the member will be dismissed. 2) In order to guarantee the neutrality and fairness of the Investigative Committee, its members are chosen from various academic units and in consideration of the gender ratio. 3) The Committee does not demand the sufferer to prove that the consent did not exist, even if the accused harasser excuses his/her actions by claiming consensual conduct. ▲このページの先頭へ 10．Confidentiality and Support for Complainants (1) Any individuals who handle claims of harassment including HPAs and members of the Office of Harassment Prevention (“the Office”) must act cautiously to protect the human rights of the parties involved, including upholding their honor and privacy. In addition, the release of any information gained while handling the harassment is strictly forbidden. (2) The Office will conduct an investigation of those who, if any, are suspected of releasing confidential information or are causing the sufferer harm or secondary damages of harassment. If the facts are found to be true, the Office will request the President to punish those involved severely. (3) If the Office determines that the sufferer needs psychological help, possible support will be given immediately. ▲このページの先頭へ 11．Action against harassers If the Office substantiates a claim of harassment through a fact-finding investigation, the Office shall demand the harasser to reflect deeply on his/her wrongdoing and request the President to take strict measures, including disciplinary action. ▲このページの先頭へ 12．False statements are forbidden The Office will demand that those who make false statements and testimonies to reflect deeply on their conduct and will request the President to punish them severely. ▲このページの先頭へ 13．Seminars and Trainings (1) Training for administrators, faculty, staff and students Hokkaido University makes efforts to prevent harassment by disseminating the awareness in workshops for employees, orientations for students, and educational campaigns using newsletters and other publications circulated internally in the University, that harassment is unacceptable and that it ruins a person’s dignity and is a serious violation of human rights. (2) Training for HPAs. The University holds workshops for HPAs regularly to make sure that their consultations be provided from the perspective of sufferers with appropriate advice. ▲このページの先頭へ 14．Revision of guidelines and related regulations Hokkaido University reviews and modifies, if necessary, these guidelines and related regulations in the continuing efforts of creating and maintaining a positive campus environment free of harassment. ▲このページの先頭へ