◯Basic Concept and Considerations on Promotion of Eliminating Discrimination
against Persons with Disabilities at National University Corporation Tohoku
University
March 23, 2016
Ruled by Executive Vice President (for Human Resources, Personnel Administration andEnvironmental Security)
The following are the basic concept and considerations stipulated in Articles 3 and 4 of
the Regulations on Promotion of Eliminating Discrimination against Persons with
Disabilities (the Regulations) at National University Corporation Tohoku University.
1. Basic concept of unfair and discriminatory treatment (related to Article 3, paragraph 2)
The regulations prohibit staff members from unfairly discriminating against persons
with disabilities, in other words, violating the rights and interests of persons withdisabilities by refusing to provide them with opportunities to participate in education,
research and other activities carried out by the National University Corporation Tohoku
University (the University) without any justifiable reason and on the ground of disability,
or by limiting the location or hours or putting conditions that are not imposed on
persons without disabilities when providing the opportunities. It should be noted that
unfair and discriminatory treatment on the grounds of the use of means to eliminatesocial barriers, such as the use of a wheelchair, assistance dog and other support
equipment and the presence of a caregiver, falls under unfair and discriminatory
treatment on the grounds of disability.
Special measures necessary to promote or achieve de facto equality for persons withdisabilities, however, are not unfair and discriminatory treatment. Therefore, thefollowing are not included in unfair and discriminatory treatment: preferential treatmentof persons with disabilities compared to those without disabilities (so-called affirmative
actions); treating persons with disabilities differently from those without disabilities by
providing reasonable accommodation; and confirming the status of disabilities, etc. of
persons with disabilities to the extent necessary to provide reasonable accommodation,etc., while giving due consideration to their privacy.
It should be noted that as stated above, unfair and discriminatory treatment is totreat persons with disabilities disadvantageously without any justifiable reason in
education, research and other activities carried out by the University, compared tothose without disabilities who have essentially the same circumstances.

2. Perspective from which the justifiability of reason is determined (related to Article 3,
paragraph 2)
When the treatment of persons with disabilities, such as declining to offer
opportunities to participate in education, research and other activities conducted by the
University on the ground of disability is carried out for an objectively legitimate purpose
and considered unavoidable in light of that purpose, the treatment is considered to be
conducted for justifiable reason. At the University, we will consider and determine
whether the reason is justifiable comprehensively and objectively in accordance withthe specific circumstances in consideration of the rights and interests of persons withdisabilities and third parties without placing an excessive burden on them, as well as
maintenance of the purpose, content and functions of education, research and otheractivities carried out by the University on a case-by-case basis, not based on merely
general and abstract reasons. If the staff determine that there is a justifiable reason,
they must carefully explain the reason to the person with a disability and strive to gain
their understanding. In that case, it is required for both staff and persons withdisabilities to seek mutual understanding through constructive dialogue while respecting
each other's positions.
3. Examples of unfair and discriminatory treatment (related to Article 3, paragraph 2)
As shown in 1 and 2, whether the treatment corresponds to unfair discrimination will
be determined on a case-by-case basis. The following are examples considered tocorrespond to unfair discrimination because there is no justifiable reason and examples
considered to not correspond to unfair discrimination because there is justifiable reason.
It should be noted that the cases described here are examples only, and are notlimited to these examples. Even in cases where there is justifiable reason and thetreatment does not constitute unfair and discriminatory treatment, separate
consideration should be given when reasonable accommodation is requested.
(Examples deemed to fall under unfair and discriminatory treatment without justifiablereason)○ Refusing to respond at a support counter or delaying the order of response on the
grounds of disability○ Refusing to issue documents, to send materials, to provide brochures and to allow
students to attend briefing sessions and symposiums on the grounds of disability○ Imposing conditions on students, such as requiring them to be accompanied by acaregiver when they come to the University, on the grounds of disability even thoughthat is not particularly necessary for performing duties, or refusing to allow caregivers

to accompany the students even though that would pose no particular problem○ Refusing to accept an application for admission to the University, to provide researchguidance and to allow students to take an entrance examination, to admit to the
University, to take classes, etc., to participate in practical training and otheroff-campus educational activities, to move into a student dormitory and to attend
ceremonies on the grounds of disability○ Refusing to allow students to use facilities or provide services on the grounds ofdisability○ Refusing to allow students to use means required due to disability to guarantee
access to information (note-taking and sign language interpretation)○ Differently grading or evaluating on the basis of having received reasonableaccommodation in examinations○ Refusing or restricting the use of campus facilities uniformly or based on vague safetyissues without considering the type or degree of disability or the safety of the student
or third parties in the situation of service provision(Examples deemed not to fall under unfair and discriminatory treatment due tojustifiable reason)○ Providing alternative materials that do not trigger allergies and setting up practicaltraining in a different room for students with disabilities who are expected toencounter specific risks while carrying out tasks necessary for practical training, suchas using allergenic materials
4. Basic concept of reasonable accommodation (related to Article 4, paragraph 2)
1. It should be noted that based on the idea that the constraints faced by people withdisabilities are not due solely to their disabilities, but are caused by various barriers
existing in society, reasonable accommodation is a necessary and reasonable effort toremove the social barriers that persons with disabilities face in individual situations so
as not to infringe on their rights and interests, as long as offering reasonableaccommodation does not impose an excessive burden and does not change thenature of the purpose, content and functions of education, research and otheractivities carried out by the University.
2. The content of reasonable accommodation may change depending on technologicaladvances, changes in social conditions, etc. When providing reasonableaccommodation, consideration shall be given to the gender, age, condition, etc. of
the persons with disabilities. In particular, it should be noted that for women withdisabilities, it is necessary to take into account that they are women in addition totheir disabilities. Similarly, attention should be paid to sexual minorities withdisabilities. In addition, it is effective to develop an environment that takes into
account the ripple effect on other persons with disabilities from the perspective of
eliminating in advance the social barriers that many people with disabilities may face
and to improve the environment by revising systems, such as internal rules andmanuals, taking the opportunity of responding to consultations regarding theprovision of reasonable accommodation from the standpoint of addressing issues toavoid the need for future consultations and disputes in advance.
Furthermore, it is important to review the reasonable accommodation provided
from time to time especially if the relationship with the person with a disability is
long-term since the condition of a disability may change.
3. It should be noted that expression of intention made with the assistance of people
who support communication, such as family members and caregivers of persons withdisabilities, is included in the “Expression of Intention” of Article 4 of the Regulations
when it is difficult for the persons with disabilities to express their intention by means
necessary to communicate with others, such as Braille, written communication andsignals by gesture signs, etc., in addition to languages (including sign language) due
to the characteristics of their disabilities. Even if there is no Expression of Intention, if
it is clear that the persons with disabilities in question require the removal of thosebarriers, efforts must be made to propose reasonable accommodation deemed
appropriate for them.
5. Basic concept of excessive burden (related to Article 4, paragraph 2)
Excessive burden should not be determined based on general or abstract reasons,but should be considered and determined comprehensively and objectively based on
the specific circumstances, taking into consideration the following factors for eachindividual case. If the staff determine that the burden will be excessive, they must
explain the reason to the persons with disabilities carefully and obtain understanding
from them. In that case, it is required for both staff and persons with disabilities to seek
mutual understanding through constructive dialogue while respecting each other's
positions and for the staff to consider responses flexibly, including the selection ofalternative measures.
(1) Degree of impact on education, research, other activities carried out by the
University (whether or not the purpose, content, and functions of the activities are
impaired)(2) Degree of feasibility (physical and technical constraints, human and institutional
constraints)Labお(3) Degree of cost and burden(4) The size and financial condition of the University
6. Examples of reasonable accommodation (related to Article 4, paragraph 2)
Reasonable accommodation is a measure implemented individually for each personwith disabilities according to their situation, based on the improvement of theenvironment, such as barrier-free construction of buildings, allocation of necessary
human resources, and improvement of information accessibility, etc., which are
implemented in advance in anticipation of use by an unspecified number of persons
with disabilities. As shown in 4, the contents of such measures are diverse and highly
individualized, differing according to the characteristics of the disability and the specificcircumstances in which the removal of social barriers is required. Therefore, it isnecessary to be flexible in the means and methods for the removal of social barriers to
the extent necessary and reasonable, based on the current situation of such persons
with disabilities, by seeking mutual understanding through constructive dialogue,
including the selection of alternative measures. The following are examples of suchmeasures and methods.
It should be noted that these cases are examples only, that there are cases otherthan those described here that may constitute reasonable accommodation and that it isnecessary to determine each case individually.
(Examples of consideration for physical environment that may constitute reasonableaccommodation)○ Walking at a speed that matches the walking speed of the person with a disability,
and listening to the person’s wishes regarding where the person wants a guide to bewhen guiding him/her to the destination○ Arranging seats close to the door at a venue, etc. if students need to leave theirseats frequently due to the characteristics of their disabilities○ Ensuring that staff members hold down documents for persons with disabilities who
have difficulty holding down documents and other materials due to involuntary
movements, etc. or providing them with binders or other fixation equipment○ Guiding persons with hearing impairment who have difficulty listening to evacuation
information and other emergency information announced over a PA system using
handwritten boards in an easy-to-understand manner when a disaster or accident
occurs○ Assisting wheelchair users by lifting the front wheels or providing portable ramps
over steps

○ Improving facilities and equipment, such as libraries, computer rooms andlaboratories, so that they can be used in the same manner as by other students○ Securing parking lots for students with mobility difficulties, close to the classrooms
that they frequently use○ Taking books and pamphlets, etc. placed on high shelves and handing them over, or
informing them of the location of books or pamphlets in an easy-to-understandmanner○ Changing the classroom to a more accessible location for the classes attended by
students with mobility difficulties○ Making every effort to secure a resting room for easily fatigued students withdisabilities upon request, and if securing a resting room is difficult, providing
temporary rest spaces by placing couches in the classroom○ Guiding a visually impaired student to a private restroom upon request, and in suchcases, if a staff member of the same gender is present, ensuring that they will guidethe visually impaired student if requested to do so(Examples of consideration for effective communication that may constitute reasonableaccommodation)○ Utilizing communication methods, such as written communication, reading, sign
language, Braille and enlarged text
○ Providing access to information, such as through sign language interpretation,note-taking, computer-based note-taking and hearing aid systems at various
opportunities, including classes, practical training, training sessions and events○ Providing the necessary communication consideration for students who havedifficulties with listening comprehension, vocalizing or producing speech○ Providing electronic files, Braille or enlarged materials, at the request of students, toensure access to printed materials, such as syllabuses, textbooks and learningmaterials○ Providing meeting materials, etc. in electronic data (text format) when sending thematerials in advance to committee members with visual impairments so that they
can read the materials using text-to-speech software○ Adding subtitles to audiovisual materials such as videos and using them in classes
attended by students with hearing difficulties○ Providing materials to be used by the faculty member in class in advance andallowing time to read through them or convert them to a more readable format
before the class○ Filling out documents by a staff member, etc. on behalf of a student duringadministrative procedures if necessary○ Providing instructions during class, administrative procedures and application
instructions visually, using text, illustrations, etc., to convey the meaning clearly to
students who have difficulty hearing or processing auditory information○ Offering explanation to persons with disabilities who have difficulty understanding
figurative expressions using direct and logical expressions instead of using parables,
metaphors, double negative expressions, etc.
○ Making it easier for students to speak up when they have difficulty participating inclass discussions or allowing them to express their opinions on a text-based basis○ Giving precautions and instructions in entrance examinations, classes and regularexaminations as visual information, not only verbally but also showing them in writingor on the blackboard○ Providing consideration to the extent possible in class discussion or staff meetings,
etc., such as ensuring class instructors and staff members, etc. provide support
suitable for the characteristics of disabilities while trying to proceed with thediscussion and meetings, etc. slowly and step by step
(Examples of flexible changes to rules and practices)○ Securing seats close to the screen, etc. so that students can clearly see the screen,sign language interpreter, writing on the board, etc.
○ Allowing extended examination time, separate room testing, use of support devices,
Braille or enlarged text and adjustment of break times, based on the individual
disabilities of each student, during entrance examinations or regular examinations○ Considering flexible evaluation methods within the scope of not compromising
fairness in light of the original educational goals when evaluating grades○ Allowing caregivers to enter facilities where entry is prohibited to outsiders○ Allowing appropriate breaks or extending breaks at University events, lectures,
courses and training sessions○ Changing the vehicle boarding and alighting points to locations closer to classroom
entrances in consideration of students with mobility difficulties○ Allowing practical training at institutions where reasonable accommodation can beprovided during off-campus training such as teaching practice○ Providing tours of training facilities in advance or more detailed manuals than usualof teaching practice, hospital ward training and other practical training classes○ Substituting classes that require listening with other forms of class for students who
have difficulty listening to a foreign language○ Specially assigning a teaching assistant to experiments or practical training if

conveying instructions or assisting with tasks is required due to the characteristics ofdisabilities○ Allowing the recording of classes using devices, such as IC recorders○ Allowing students who find it difficult to take notes during class to take photographsof the writing on the board○ Assisting students with their task who have difficulty performing certain tasks due to
involuntary movements by assigning a staff member, etc.
○ Allowing students with sensory sensitivity to wear sunglasses, earmuffs,
noise-cancelling headphones, etc.
○ Allowing extensions of deadlines when it is highly likely that a student will not be able
to meet the deadline for submitting reports due to ill health○ Ensuring that students can reliably take classes that are less likely to be constrainedby functional disabilities in elective courses that may have enrollment limits whenregistering for courses○ Conducting individual confirmation of necessary documents and schedules during theperiod when guidance, etc. at the time of admission is concentrated○ Securing study opportunities for students absent from their studies due to medical
treatment by providing ICT-based learning activities and make-up lectures, etc.
○ Allowing a caregiver to enter the classroom even if they are not registered on thecourse if a caregiver is required for a student's class attendance○ Allowing students with visual impairments or physical disabilities upon request tocomplete procedures at the University’s administrative office with an accompanying
caregiver writing on their behalf○ Allowing the presence of persons who help committee members with disabilities tounderstand at the staff meetings that handle undisclosed or confidential informationon the premise that assurances related to information management can be obtained
In addition, examples of what may and may not constitute a breach of the duty toprovide reasonable accommodation include the following. It should be noted that thecontents described here are examples only, and it is necessary to determine each caseindividually as to whether or not it constitutes a breach of the duty to provide
reasonable accommodation.
(Examples of what may constitute a breach of the duty to provide reasonableaccommodation)○ Refusing uniformly to accommodate a request for the use of digital devices during
entrance examinations, regular examinations, etc. due to difficulty with writing, citing

the lack of precedent for allowing the use of digital devices, and without making any
necessary adjustments○ Refusing to accommodate with pre-arranged seating when a request is made by astudent with low vision to sit in a seat where the screen, writing on the board, etc.
are clearly visible in classes held with open seating arrangements, and instead,uniformly denying the request, citing "special treatment is not possible”○ Refusing to allow persons with visual impairment who request assistance in movingaround the event venue that does not have Braille blocks to participate in the eventor refusing to provide them with assistance without considering the possibility of
specific assistance on the abstract grounds that "something could go wrong"○ Refusing to accommodate students who wish to use a changing room with a support
person, citing lack of facilities, without considering alternative facilities such asavailable classrooms(Examples of what may not constitute a breach of the duty to provide reasonableaccommodation)
Refusing the request, citing the lack of personnel and facilities to enable face-to-facetutoring, after considering alternative measures, such as the use of subtitles or
speech-to-text conversion systems, in the case of only online classes, whenface-to-face tutoring is requested since it is difficult to understand the content inonline group classes (A perspective that reasonable accommodation does not change
the nature of the purpose, content and functions of clerical affairs and business)
Proposing that staff members can prepare books, etc. that they have asked for, as
escorts are not available due to congestion in libraries when a visually impaired
student requests a staff member to escort them inside the library to assist themduring the busy time (A perspective of excessive burden (human and institutional
constraints)).
Refusing the request by students with developmental disabilities for credits acquired ina subject in which they excel to be approved as credits for a subject in which they do
not excel (wish to change the graduation requirements to approve the credits), while
offering supportive measures such as adjusting the environment and course methods
in the subject in which they do not excel on the ground that the approval of credits bychanging graduation requirements constitutes an essential change in the purpose,content, and functions of education in light of the diploma policy in each department(A perspective that reasonable accommodation does not change the nature of the
purpose, content and functions of clerical affairs and business)Furthermore, while the improvement of the environment is a preliminary
improvement measure for an unspecified number of persons with disabilities,
reasonable accommodation is a measure taken for specific persons with disabilities
according to their circumstances, based on the improvement of the environment, when
the burden involved in its implementation is not excessive. Therefore, the content of
reasonable accommodation will differ depending on the state of improvement of theenvironment in each situation. The following are examples of the relationship between
the provision of reasonable accommodation and the maintenance of the environment.
(Examples related to the relationship between the provision of reasonableaccommodation and the improvement of the environment)
Conducting on-campus training for staff members to promote eliminating discrimination
against students with disabilities (improvement of the environment), and ensuringthat staff members consider each student according to their disability status(reasonable accommodation)
Promoting barrier-free facilities on campus, such as the installation of elevators(improvement of the environment), and providing teaching assistants, etc. to assist
students with physical disabilities when they need assistance in conducting
experiments in laboratories, etc. (reasonable accommodation)
Conducting training in advance on how to appropriately write on behalf of a studentwith disabilities on an application form to smoothly handle requests for writing during
the application process (improvement of the environment), and ensuring that thestaff member in charge write on their behalf (reasonable accommodation) while
confirming their wishes, based on the training content, when a student withdisabilities requests a staff member to do so
Providing assistance by telephone or email upon request when students with disabilities
find it difficult to use the website for online procedures if an online application
procedure is required (reasonable accommodation), and subsequently, improving thewebsite to ensure that students with disabilities do not encounter inconvenience
when applying online (improvement of the environment)
Assigning sign language interpreters or presenting text information on screens at
lectures for information accessibility (environmental improvement), along with settingseats in easily visible positions for sign language interpreters or text information uponrequest. (reasonable accommodation)
7. Measures to eliminate discrimination against staff members of the University on the
grounds of disability

In addition to the measures stipulated above, the University will take measures toeliminate discrimination against staff on the basis of disability as a business owner inaccordance with the guidelines established by the Ministry of Health, Labour andWelfare based on Article 36, paragraph 1, and Article 36-5 of the Act to Facilitate the
Employment of Persons with Disabilities (Act No. 123 of 1960).
8. Measures to eliminate discrimination against patients and other users of the Tohoku
University Hospital on the grounds of disability
In addition to the measures stipulated above, measures to eliminate discrimination
against patients and other users of the Tohoku University Hospital on the basis of
disability will be taken in accordance with the guidelines for medical businesses in the
Act for Eliminating Discrimination against Persons with Disabilities (the Ministry of
Health, Labour and Welfare).
9. Other measures to eliminate discrimination on the ground of disability at eachdepartment
In addition to the measures stipulated above, the head of each department shallseparately stipulate measures to eliminate discrimination on the grounds of disability asnecessary.
Supplementary Provisions
These basic concepts and considerations shall come into force as of April 1, 2016.
Supplementary Provision (Revision: July 3, 2024)
These basic concepts and considerations shall come into force as of July 3, 2024, andthe provisions of these basic concepts and considerations after amendment shall beapplicable as of April 1, 2024.