The Japanese version is the authoritative version, and this English translation is intended forreference purposes only. Should any discrepancies or doubt arise between two versions, theJapanese version will prevail.

July 11, 2000
University of Tokyo Council

Guidelines on the Ethics and Structure for the Prevention of Harassment at the University of Tokyo
The University of Tokyo hereby sets forth these Guidelines on sexual harassment, academic
harassment and other forms of harassment (referred to collectively below as “harassment”) with theaim of clearly establishing the appropriate ethics at the University as a place of education andresearch, and developing a system within the University to prevent and redress harassment.
I Ethics needed to prevent harassment
1. Ethics needed to prevent sexual harassment(1) Basic philosophy
A university is an academic community composed principally of students, faculty, staff andemployees. The University of Tokyo affirms that all members belonging to this community havethe right to be respected as individuals and the right to autonomous activity. In order to maintain apositive educational and research environment, it is essential that we prevent sexual harassment,
which damages these rights, and guarantee fair redress for any damage caused.
In order to fulfil their social mission as seats of learning, universities guarantee considerable
freedom and autonomy for their members, including their faculty. At the same time, this freedom
and autonomy gives rise to power relationships between the members of a university that differ
from those seen in the rest of society. For example, the relationship between a faculty member andstudent is one of a person who provides education, instruction and assessment and a person whoreceives these things. If faculty abuse the influence they have over the students, who were assigned
to them for the purposes of education, not only does it betray the trust of the students in the faculty
member but it also destroys the socially established foundation for freedom and autonomy ineducation and research at universities. All members of universities involved in education andresearch must fully recognize that guaranteeing the freedom of a university brings with it theobligation for self-discipline. In other words, all members of the University of Tokyo’s academic
community must possess a powerful awareness that not only are they in the fortunate position ofbenefitting from an environment that is suitable for education, research and employment, but alsothat they have a role to play in maintaining and improving that environment. Furthermore, it isimportant to remember that the tangible and intangible environment for education and research at
the University of Tokyo has developed in a male-oriented way since the establishment of theUniversity. However, there is a need for us to work actively to ensure an environment for education
and research that allows all members of the University to work comfortably, irrespective of gender.
(2) Definition of sexual harassment and basic approach
Sexual harassment is defined as “sexual language or behavior that makes others feel
uncomfortable.” This can take many forms, including physical contact, leering, or making

1comments of a sexual nature. In addition to language or behavior based on sexual interest or desire,“sexual language or behavior” also includes language or behavior that is rooted in the division ofgender roles. Essentially, all cases in which the recipient of “sexual language or behavior” feels
uncomfortable are deemed to be sexual harassment. Sexual harassment that severely impedes
respect for the individual represents an infringement of human rights.
Sexual harassment is classified into the following two categories. Firstly, there is the“abuse-of-position” type of sexual harassment (or “quid-pro-quo” type) whereby a person in theposition to confer advantages and disadvantages on others though education, research, instruction,advice, recruitment or employment, particularly faculty and workplace bosses, abuses this position
to seek a sexual response from others. Secondly, there is the “hostile environment” type of sexual
harassment, through which the education, research or workplace environment is damaged as aresult of “offensive sexual language or behavior.” This includes cases where people other than thetarget of the sexual language or behavior feel uncomfortable, and also cases when the sexual
language or behavior is not targeted at a specific individual (for example, the presentation or
display of sexual images or literature).
The University of Tokyo shall establish a system for ensuring the thorough prevention of sexual
harassment in its many forms. We shall also develop a system to respond quickly and appropriately
to any damage caused by sexual harassment and to any disadvantage in terms of education or workthat is deemed to have arisen as a result. In some cases of sexual harassment, it may be possible forthe problem to be resolved by declaring that the victim feels uncomfortable. However, because ofdifferences in the sensitivities of individuals it is also expected that there will be many cases where
it is not possible to resolve the problem between the involved parties, including cases where theoffending party does not accept that the victim feels uncomfortable. For such cases, the Universityof Tokyo shall prepare a system of consultation and complaint procedures that allows it to deal
flexibly with the individual circumstances.
2. Ethics needed to prevent academic harassment(1) Basic philosophy
The Preface to the Charter of the University of Tokyo states: “A university originates from thefundamental character of academic pursuits that are conducive to intellectual growth and open to
the infinite development of human possibilities. This requires freedom and autonomy.” The
University has a strong awareness that freedom and autonomy have important roles in fulfilling theacademic community’s social mission of enhancing and promoting education and research. In otherwords, this freedom and autonomy is built on the freedom and autonomy of each and every
member of the University’s academic community, and the University possesses a variety of systems
to guarantee this freedom and autonomy.
However, with such generous guarantees of freedom and autonomy at universities, power
relationships that are not seen in the rest of society, arise between members of universities. Taking
the example of faculty and students, or people in an equivalent position, an unequal powerrelationship exists between the person providing education, instruction or assessment and theperson receiving these things. Faculty have huge influence over their students. It goes without
saying that this authority is granted to faculty with the aim of achieving the objective of education.
Education requires strictness. However, the precondition is that students are accepted as equalindividuals and that their individuality is respected. The education, instruction and assessment
given by faculty to students must only ever be impartial, neutral, fair and just.

2Wherever there is power, there is the risk of the abuse of power. This applies particularly atuniversities, which are guaranteed great freedom and autonomy for the purposes of education andresearch. Paragraph 19 of the Charter of the University of Tokyo states: “The University will strive
to provide a fair education, research, and working environment where all its members canadequately manifest their individuality and abilities.” In order to achieve this goal, there must be asystem in place to prevent the abuse of power.
(2) Definition of academic harassment and basic approach
Academic harassment is a violation of personal rights by a University member abusing his or her
authority in an educational and research setting and speaking or acting improperly and unfairly toanother member of the University. Consequently, this disadvantages the recipient of harassment instudying, receiving education, conducting research, or performing their duties, or it causes mentaland physical suffering that will inevitably hinder him or her from studying, receiving education,
conducting research, or performing their duties. Such behavior is included among the infringements
upon basic human rights referred to under Paragraph 19 of the Charter of the University of Tokyo.
Inflicting and incurring damage through academic harassment does not only happen in the narrowand prescribed sense of a personal relationship between a faculty member and student. It is
important to remember that a broad range of language and behavior can be deemed to be academic
harassment, including language and behavior that abuse authority and damage or remove the “faireducation, research, and working environment where all its members can adequately manifest theirindividuality and abilities” (which is guaranteed for all members of the University of Tokyo) within
asymmetrical power relationships.
In order to prevent and resolve academic harassment, the most important thing is to strive to takeactions and improve the environment in a way that suits the educational and research situation ateach organization of the University. In addition to establishing a university-wide system forpreventing academic harassment, there is also a pressing need for each organization to takeresponsibility for developing its own systems for preventing and resolving academic harassment.
Together with each individual organization, the University of Tokyo is determined to collectively
prevent and resolve academic harassment.
3. Ethics needed to prevent other forms of harassment
In addition to sexual harassment and academic harassment, other types of harassment can include“power harassment” and harassment away from the place of study, education, research or work
(such as forced alcohol consumption, demands for inappropriate behavior, or involvement withreligion or ideologies).
The University of Tokyo will seek to prevent and resolve forms of harassment that are notclassified as sexual harassment or academic harassment, by using similar systems to those used tohandle sexual and academic harassment.
II System and procedures for redress and the prevention of harassment
The University of Tokyo shall establish the Harassment Prevention Committee with the aim ofpreventing harassment, and the Harassment Counseling Center to handle complaints and offer
counseling. In this way, prompt and appropriate measures can be taken to deal with any cases ofharassment and any consequent disadvantages suffered by the victim in terms of study or work.
1. Harassment counseling3

If one suffers harassment or is placed in a disadvantageous position as a result of harassment, rather
than blaming him or herself or worrying about the problem alone, it is better to seek a resolution tothe problem by consulting an organization such as the University’s Harassment Counseling Center.
The Harassment Counseling Center has highly-experienced experts available to offer counselingfrom the complainant’s point of view. You may also consult the Student Counseling Center, theDivision for Health Service Promotion or the advice centers that have been set up at eachorganization.
Consultations can be made in person, in writing, by telephone, fax or e-mail. It goes without sayingthat maximum protection will be given to the privacy of anyone who consults the University. Theaim of counselling is to help resolve problems and prevent any damage from becoming worse, andreceiving counselling can inform the consulting party of potential ways to resolve a problem.
Advice on the procedures that can be implemented to resolve problems can also be received.
2. Filing a complaint to the Harassment Prevention Committee (Procedures for filing a complaint)
In addition to carrying out awareness-raising activities and providing training for members of theUniversity, the Harassment Prevention Committee is responsible for implementing measures inresponse to complaints filed when harassment has been suffered. There are three specific measures
to be made either at the level of the organization or at a University-wide level: (1) notification; (2)arbitration; and (3) recommendations for remedial measures based on a fact-finding investigation ofa fact-finding team. The choice of which procedure to use can be left to the judgment of thecomplainant.
Notification involves notifying (based on the wishes of the applicant) the offending party or thehead of the organization with which the offending party is affiliated of the fact that a complaint has
been filed and thereafter seeking to achieve a resolution or prevent recurrence. When an application
is made for notification, the Harassment Prevention Committee shall examine whether or not it isappropriate to give notification for the purposes of resolving any harassment suffered or preventing
future recurrence, and notification shall be given when the Committee deems it appropriate to do so,along with advice on the measures required to achieve a resolution and prevent recurrence. Afternotification procedures have been implemented, the applicant may still request arbitration or theinstallation of a fact-finding team. Arbitration is when talks are held between the involved parties tofind a method of resolution. When arbitration is carried out (based on the wishes of the applicant), apreliminary investigation shall be carried out and an arbitration team shall be established by theHarassment Prevention Committee. The arbitration team will respect the wishes of the applicant,and will not force solutions. After selecting arbitration proceedings, the applicant may discontinue
arbitration proceedings at any time, and may also choose to move on to a fact-finding investigation
carried out by a fact-finding team.
When a complaint is received along with a request for remedial measures, the Harassment
Prevention Committee shall establish a fact-finding team after first carrying out a preliminary
investigation. The fact-finding team shall possess the investigatory authority required to investigate
the facts, and as a general rule shall report back to the Harassment Prevention Committee on theresults of the investigation within a period of six months. The Harassment Prevention Committee
shall receive this report, promptly come up with a proposal for the measures needed to achieve aredress or prevent recurrence, and submit recommendations to the President.
Decisions of the Harassment Prevention Committee shall be made publicly available. In such cases,
the type of damage suffered and the measures deemed to be necessary to resolve the situation or4

prevent recurrence shall be publicized (materials may be distributed to press organizations affiliatedto the University’s reporters’ club, or a press conference may be held). However, maximum respect
must be given to the privacy of the involved parties, and this includes withholding the names of theinvolved parties and any other information that may be used to identify the involved parties.
However, when disciplinary proceedings are to follow, any disclosures made shall depend on thenature of the disciplinary proceedings. Moreover, details that make it possible to identify theinvolved parties in a particular case may or may not be disclosed in consideration of the nature of
the case, the intentions of the involved parties, whether or not the involved party is a current orretired member of the University, and other considerations. In the latter two cases, the Chairperson
must report the situation to the Harassment Prevention Committee.
3. Other(1) Prevention of retaliation and cover-ups
Retaliation in respect to anyone who makes a consultation or files a request for remedial measures,anyone who cooperates with a fact-finding investigation, or any other person involved inproceedings, will not be tolerated. Making any suggestion of retaliation whatsoever, even if this is
not obvious retaliation, shall not be tolerated. Attempts to cover up an incident after it has been
discovered shall not be tolerated. Disadvantageous treatment by the offending party, any involvedparty, or any third party directed to a person who makes a consultation or application shall not betolerated. If such a situation is identified, the scope of these Guidelines shall be applied to such
behavior, and the case shall be handled in the strictest possible manner based on University rules.
(2) Confidentiality obligations for counselors
Harassment counselors have an obligation to maintain confidentiality. Counselors involved in aconsultation or an application for remedial measures must respect privacy and refrain from leaking
confidential information pertaining to any directly or indirectly involved parties, including
information obtained through consultations.
(3) Prohibition of false statements
Knowingly false consultations or applications for remedial measures must not be made. Moreover,false testimony must not be made during fact-finding investigations, nor must testimony be madeby claiming that something is true when there are no sufficient grounds for such claims. Conversely,
just because you are unable to prove that something you have seen, heard or experienced is true, itdoes not mean that you will be accused of not being able to back up what you have claimed.
III Scope of applicability of these Guidelines
These Guidelines shall be applied broadly to all students (including trainees and non-degreestudents), faculty, staff, and employees (including part-time lecturers and employees) affiliated with
the University, irrespective of location (on or off campus) or time. Even in cases where the victim is
no longer a member of the University, this alone is not enough for the victim to be denied use of theUniversity systems set out under these Guidelines. In the case of harassment between a member of
the University of Tokyo and a non-member of the University who comes into contact with membersof the University in the course of education, research or work activities carried out at the Universityof Tokyo (“a person involved with the University of Tokyo”), these Guidelines shall apply in thecase that the offending party is a member of the University of Tokyo and the harassment arose inrelation to educational, research or work activities. Even in the case that the offending party is aperson involved with the University of Tokyo, when the victim is a member of the University of5Tokyo these Guidelines shall be applied and appropriate measures shall be pursued in the spirit ofthese Guidelines. In either case, the victim may make use of harassment counseling services orprocedures for filing a complaint.

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