Nagoya University Harassment Prevention Measures Guideline
Established on April 1, 2015
Revised on June 7, 2016
Revised on December 6, 2016
Revised on February 6, 2018

1. Purpose
The purpose of this guideline, in compliance with the "Nagoya University
Declaration on the Prevention of Harassment" and the "Nagoya University
Regulations on Preventive Measures against Harassment", is to make it easier tounderstand Nagoya University's (hereafter "the University") basic position
regarding Harassment and Retaliatory Harassment behaviors (hereafter"Harassment") towards the University's members, as well as the procedures forundergoing counseling or conflict resolution.
By widely disseminating this information, we aim to encourage the promotion ofHarassment prevention.

2. The University's Basic Position( １ ) While striving to prevent Harassment from happening in order to allow the
University's members to engage in educational, research, and employment
activities in an environment of respect and no violation of individual rightsfrom various forms of harassment, we will also take any necessary measures to
respond quickly and appropriately should any cases of Harassment occur inorder to restore the victim's individual rights.

( ２ ) Training sessions and publicity activities regarding Harassment are plannedand carried out.

( ３ ) A system in which anyone can feel safe to seek consultation about Harassment
has been established, while another system for implementing Harassment
prevention and damage relief was put in place as well. Investigations areadequately conducted for the early detection and timely resolution of harmful
situations, and depending on the results of those investigations, strictmeasures are taken if necessary.
① Harassment Consultation Center
A Harassment Consultation Center (hereafter "Center") has been established
for the purpose of accepting requests for Harassment related consultations orrelief. Counselors capable of specializing in Harassment related matters havebeen assigned to the Center. The Center accepts Harassment related
consultations, and provides appropriate advice, counseling services, and any
support required to provide victim relief.
② Harassment Prevention Committee
The Nagoya University Harassment Prevention Committee (hereafterPrevention Committee) has been established to organize a system for preventing
Harassment and accepting requests for relief. The Prevention Committee seeks2

to implement appropriate response measures by devising measures to prevent
Harassment and provide relief, overseeing the system for receiving requests forrelief, and pursuing cooperative relationships with related departments andspecialized institutes. The Prevention Measure Steering Committee (hereafter"Steering Committee") has also been established within the Prevention
Committee so that appropriate measures are carried out adequately and in atimely fashion.

3. Responsibilities of the University and its Members( １ ) The president is responsible for overseeing the entire University's efforts forHarassment Prevention.

( ２ ) The Director of each department is responsible for carrying out specificmeasures for Harassment Prevention.

( ３ ) Members must treat each other as equals, respect each other's freedoms andrights, and help to create a non-threatening environment free from
Harassment. Should Harassment occur, everyone is responsible for helping toresolve the issue in an appropriate and timely manner. When having engaged
in behavior that can be considered as Harassment, the offending member must
immediately apologize to the offendee and make sincere efforts to restore theirrelationship.

( ４ ) If any member of the University should receive, witness, or become concerned
about the possibility of Harassment, they are encouraged to consult with theCenter and discuss matters such as response measures. It is essential torespond to such situations as promptly as possible. There are no risks ofreceiving disadvantageous treatment by reasons such as consultation with theCenter, or the use of procedures for problem resolution as stipulated below.

4. Scope of Application( １ ) This guideline applies to Harassment between University Members, or
between University Members and University-Related Persons.

( ２ ) When used in this guideline, "Members" refers to "University Members" and"University-Related Persons." "University Members" refers to "Executives,
Faculty, Students, Researchers, Professors Emeriti, and any other persons
engaged in Education, Research, Administration, and Academics within the
University." "University-Related Persons" refers to "Guardians of Students, orPersonnel of Businesses working with the University".

( ３ ) This guideline also applies to cases in which Members who left the University
due to graduation, employment, and other reasons (hereafter "Former
Members") received Harassment from current Members while they were at the
University. However, as a rule in such cases, requests for relief by Former
Members must be submitted within 1 year of the day of their departure fromthe University.

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( ４ ) Should Harassment between Members occur, the offendee or witnesses may
seek consultation even if the incident(s) occurred outside of class or work
hours. This also applies to Harassment received during Educational・Research
Activities such as Internships, Off-Campus Practicum or Academic Activities.

5. Definitions and Types of Harassment
When used in this guideline, "Harassment" includes "Sexual Harassment","Academic Harassment", "Power Harassment" and any other similar behaviors.
( １ ) "Sexual Harassment"(A)
Definition"Sexual Harassment" refers to when "One party engages in speech or behavior ofsexual nature unwanted by another party that causes bodily or psychologicalpain, or negatively affects the offendee's education, research, employment, andacademics."(B)
Perspective
Individual responses to sexual behavior can vary greatly, depending on manyfactors such as their personality, their gender, or their position within theorganization. Any sexual speech and behavior to any person, regardless ofwhether or not they have a "sexual personality", may be regarded as Sexual
Harassment.
Whether they feel uncomfortable, accepting, or are able to say no varies greatly
as well. Whether a behavior is considered to be Sexual Harassment or notstrongly depends on the perspective of the other party.
Types and Examples of Sexual Harassment
1) Sexual advances or forced sexual behavior against the will of the otherparty① Persistent and forceful demands for a relationship or sexual behavior(i.e. A faculty member persistently attempts to give a student a ride home.)② Persistent and forceful attempts at bodily contact or sexual behavior(i.e. A superior repeatedly touches the shoulder of a person of lower positionat the work place.)③ Stalking behavior(i.e. Persistently calling and messaging someone, under a one-sided
assumption that they are in a relationship.)

(C)

2)

Giving advantages or disadvantages to the other party depending on their
responses to the sexual speech or behavior of the offending party in relation
to their Education, Research, Employment or Academics, or forcing theother party to engage in speech or behavior of a sexual nature against theirwill using their superiority over the offendee. (Quid pro quo Sexual
Harassment)① Reflecting whether someone accepted or denied a sexual request on theiracademic grades, teaching curriculum, employment evaluations ・assignments.
(i.e. Expressing affection to a student you are fond of, and giving themfavorable treatment.)4

② A person of advantageous position engages in speech of sexual nature, ordemands certain behaviors and attire based on sexual interest.
(i.e. An academic supervisor implies that "if you refuse to have a relationshipwith me, I will no longer supervise you.")
3)

When speech or behavior of sexual nature taking place within a place of
education, research, or work, and as a result the educational/research/work
environment of a specific or non-specific person or group of people isharmed (Hostile Environment Sexual Harassment).
① Spreading sexual rumors(i.e. A faculty member persistently spreads gossip about the sexual
relationships of another faculty member.)② Displaying obscene images on research lab or office computers.
③ Engaging in obscene speech or behavior in the workplace, research lab orclassroom.
④ Engaging in indecent acts at social gatherings etc.
4) Engaging in sexually discriminatory speech or behavior based on apreconceived notion of predetermined gender roles.
① Discriminating in the distribution of educational, research, or work
assignments based on gender.
(i.e. Only women are tasked with cleaning up after meals.)②Engaging in speech emphasizing gender.
(i.e. Making comments such as "You don't have guts even though you are aman", "Women are useless", "Homosexuals have a problem" etc.)( ２ ) “Academic Harassment”(A)
Definition"Academic Harassment" refers to "When a party with an advantageous rank orposition in education or research abuses their authority to engage ininappropriate speech or behavior against another party of lower rank orposition, and as a result inflicts physical and psychological pain and suffering,or causes impediments or damage to their education, research, work or
academics."
Perspective
In the case of Academic Harassment, an objective ruling is emphasized, as
opposed to the subjective opinion of the party in a supervisorial position in
educational or research activities.

(B)

(C)
1)
①
②
③
④

Types and examples of Academic Harassment
Infringements of the a student’s right to study by faculty
Making remarks that may deny a student’s ability and individuality.
Making arbitrary and improper grade assessments.
Demanding the achievement of impossible assignments from acommonsense point of view.
Failure to provide essential educational guidance without reasonablegrounds.

5⑤ Physically abusing students in venues such as seminars and drinking
parties, coercing students into drinking alcohol at drinking parties, etc.
⑥ Excessive intervention in the personal life and privacy of students.
⑦ Favorable or unfavorable treatment of certain students without reasonablegrounds in research guidance.
2)

Impediments to the advancement (academic advancement, graduation,
employment) of students, etc. by supervisors① Attempting to interfere, without reasonable grounds, with a student’s
freedom to make a decision regarding their academic advancement or
employment after completing college or graduate school.

② Failure to provide a recommendation letter as required on the basis of
personal feelings for a student’s application for a scholarship, Japan Society
for the Promotion of Science Research Fellowship, etc.
③ Attempting to prevent a student from applying to another laboratory or
graduate school even though the student desires to do so.
④ Discrimination against a student who shows outstanding aptitude in theiradvancement or employment without reasonable grounds3) Obstruction of student's research, etc. by supervisors① Failure to provide research guidance to students who seek it without
reasonable grounds.
② Failure to permit the change of supervisors, when a student requests thechange on reasonable grounds and the change is possible as a matter of
institutional rules.
③ Demanding research progress that is impossible to achieve considering thetime constraints and the student's abilities.
④ Barring a student’s access to equipment and facilities for experiments andresearch without reason.
⑤ Making arbitrary and unfair assessments regarding a student's research.
⑥ Coercing a student to choose a specific research topic.
⑦ Improper restriction on a student’s efforts to publish research (publicationof research papers, presentations at academic conferences, etc.)⑧ Taking a student's unpublished original research ideas without theirconsent and letting a 3rd party carry out the research project instead.
⑨ Forcing a student to bear an excessive economic burden in the process ofcarrying out research.
4) Interferences in the research of faculty by other faculty.
① Exclusion of faculty, without reasonable grounds, from a research team inwhich the faculty member should naturally be included.
② Making arbitrary and unfair assessments regarding promotions andperformance assessments of a faculty member.
③ Deleting, adding, or changing of the order of author names on papers
without reasonable grounds.

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④ Improper restrictions on the use of research funds, or unreasonabledistribution.
⑤ Persistently demanding the resignation of a faculty member.
5) Obstructions of the teaching of faculty by other faculty① Exclusion of a faculty member from teaching without reasonable grounds.
② Assigning faculty to educational activities that are unrelated to their field ofexpertise without their consent.
③ Arbitrary and unfair assessments of a faculty member's teaching.
6)

Other

① Forcing faculty or students to conduct experiments from early morning to latenight, or overnight, and not providing a single day off.
② Sole assignment of miscellaneous chores in a lab, such as cleaning, etc. to aparticular person.
③ Asking students, etc. or faculty to take care of personal affairs, such as
helping with moving, in situations that make it difficult to say no.
④ Making remarks in relation to education and research that may significantly
damage a person’s reputation and individuality.
⑤ Coercing students, etc. to engage in misconduct such as fabricating a fictional
part-time job or compensation and keeping that fact a secret.

( ３ ) “Power Harassment”(A)
Definition"Power Harassment" refers to "When a party with an advantageous rank orposition in conducting business abuses their authority to engage ininappropriate speech or behavior against another party of lower rank orposition, and as a result inflicts physical and psychological pain and suffering,or causes impediments or damage to their work." Furthermore, regardless of therank or position in conducting business, such behavior by the colleagues, etc.
against the party deemed to be at the lower rank or position from theperspective of utilizing the systems and measures regarding maternity,child-care, family-care, etc., is also considered as Power Harassment.
Perspective
In the case of Power Harassment, an objective ruling is emphasized, as opposedto the subjective opinion of the party in an advantageous position in conducting
business.

(B)

Types and examples of Power Harassment
1) Verbal Abuse and Harassment① Making remarks denying the individuality of a person, such as "You areincompetent", "Idiot", "Stupid", "Just quit already", etc.
② Criticizing a person for a small mistake by grossly over-emphasizing that
mistake.

(C)

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③ Loudly scolding someone in public.
④ Intentionally blocking information that is essential to carrying out one's
official duties.
⑤ Ignoring the person’s greetings deliberately by turning away, or continuously
neglecting the approaches of a person seeking instructions.
⑥ Giving work instructions by e-mail in face-to-face situations, sending
repeated emails to pressure someone to hurry up and handle a particulartask.
⑦ Spreading rumors and personal information learned through work to thepeople around them.
⑧ Intentionally withholding information from superiors or colleagues who arestill new.
⑨ Compelling subordinates who have consulted and expressed their desire to
take maternity or family care leave to quit.
⑩ Repeatedly taking jabs at subordinates or colleagues who have taken a leaveof absence for purposes of maternity or family care.
2) Inappropriate Work Orders and Excessive Educational Guidance① Ordering a person who has found and reported illegal practices to alter therecords and data.
② Yelling "You can be replaced easily. Quit right now!" with even the smallest
problem.
③ Setting an impossible goal for someone, and then severely scolding them infront of everyone for not achieving that goal.
④ Assigning no work to a person without proper reason.
⑤ Forcing a person to work long hours or weekends unnecessarily.
⑥ Arbitrary and unfair work performance assessments⑦ Insinuating that a disadvantage will arise with respect to their career when aperson declines an invitation to join a private group⑧ Regarding the terms, period, and other matters of employment, requiring theemployee to agree to extra conditions beyond the contents expressed within
the employment contract, whether verbally or in writing. Furthermore,refusing to hire the candidate or extend the contract of the employee if they
fail to pledge to these extra conditions.

( ４ ) Other Definitions
1)

2)"Retaliatory Harassment" refers to "Engaging in retaliatory, hostile, or otherbehavior that causes undue detriment or harm in relation to Education,
Research, Employment or Academics in response to a Member's utilization of
the University's Harassment Counseling Services or Harassment Relief
Application System, or their cooperation in another Member's involvementwith the above services.
"Damages" refers to the "Physical and/or psychological pain, and/or undue
detriment or harm incurred from Harassment in relation to Education,
Research, Employment, or Academics." "Other Problems" refers to any
situations in which Harassment is suspected but not yet confirmed, andconsideration should be given to the Member's Rights, Education, Research,8and Employment, Academics and Academic Environment。

6. Counseling( １ ) The Center accepts consultations from the following Members of the
University:① Offendees who suffered harm due to Harassment, etc.;② Persons who have seen other persons being subjected to Harassment, etc.
and feel discomfort;③ Persons who have been consulted by other persons about Harassment, etc.;④ Persons who have been advised by other persons that they are committing
Harassment, etc. ; or
⑤ Individuals who are former members of the University and suffered from
Harassment, etc. while they were employees, students, or related personnel.
In this case, the period during which a petition can be filed should be, as a
general rule, within 1 year following the resignation, graduation, orwithdrawal from school.

( ２ ) Handling of the Center
1)

Consultation Registration① The Center protects the privacy of individuals, and provides advice from theclient's perspective and counseling services to support the restoration ofindividual rights.
② The Center will appoint counselors who are able to provide a professional
response to harassment and to deal with consultations.
③ Consultation requests to the Center are accepted by telephone, facsimile,e-mail, post, or in person. Interviews can be arranged by reservation.
④ Faculty or other employees assigned to each department's reception desk
may accept requests for consultations, but only the Center may carry out
consultation sessions.
Example:"I'd like to request a consultation, although I am not sure whether or not a
problem I'm experiencing is considered Harassment.""I want to improve my current situation, which is troubled because ofHarassment.""My friend is suffering because of Harassment, and I would like to receive
some consultation about it."2)

Support towards Problem Resolution① The Center, when necessary, will introduce the client to institutes both
inside and outside of the University and communicate with the institutes.
② The Center, with the client's consent, following the Center Director's
decision, may ask Members for their cooperation involving environmental
reform measures to improve working, education, and research environments,
or interpersonal relationships.
③ The Center will provide the Harassment Prevention Committee Chairman
with advice regarding methods of relief for satisfactory conflict resolution.
④ The Center acts as a window of communication when making a request for9damage relief as part of the process of mediation or recommending relief
based on fact-finding investigations.
⑤ The Center continues to provide support and assistance to the client evenduring when the mediation/fact-finding investigation is underway.

7. Resolution Process
For the resolution of problematic situations in which damages have been incurred
due to Harassment, in addition to attempting to resolve the situation by oneself
after receiving advice from the Center, there are multiple courses of action that may
be taken as well, as shown below. Which actions are to be taken depends greatly on
the intentions and wishes of the offendees themselves. The utmost care andconsideration will be taken to protect the privacy of the people taking part inconsultations or problem resolutions.
( １ ) Notification
The Harassment Prevention Committee Chair, with advice from the Center, insituations where the action has been deemed necessary for reasons such as having
received multiple consultations and complaints regarding a particular Member,
may notify Members that Harassment Complaints have been filed against them.

( ２ ) Environment Modification
The Center, regardless of whether before or after a mediation/relief request has
been submitted to the Harassment Prevention Committee, with permission fromthe principal offendee who claims to have been directly harmed by theHarassment (hereafter "Principle"), under the judgement of the Center's
director, may engage in the reform of the Principal's Workplace, Education, andResearch environment, or request cooperation from other Members in improving
the Principal's interpersonal relationships.

( ３ ) Emergency Response
The Harassment Prevention Committee Chair, after the Center has received a
consultation request, regardless of whether the Committee has received a
mediation/relief request, following the advice from the Center, with permission
from the Principal, may engage in Emergency Response Measures such as
requesting the cooperation of the Directors of related departments and Internalor External experts or specialized institutes, if it is deemed necessary to provide
immediate response measures for the protection of the Principal.

( ４ ) Mediation

or Recommended Relief Measures based on Fact-Finding
Investigations
Persons who claim to have been harmed by Harassment may, through theCenter, request the Harassment Prevention Committee to establish a
Harassment Mediation Committee or a Specialized Harassment Investigative
Committee.
Mediation is when a member of the Harassment Mediation Committee,
established upon request from the Harassment Prevention Committee,
intervenes between the Principal (hereafter refers to both the Principal or
anyone petitioning on behalf of the Principal) and the accused to listen to the
explanations from both sides and attempt to pursue a resolution to the10situation.
Recommended Relief Measures based on Fact-Finding Investigations areprovided to the President or the Directors of relevant Departments when theSpecialized Harassment Investigative Committee established by theHarassment Prevention Committee conducts an investigation in a matter which
was brought to their attention through a petition and as a result concluded that
relief measures such as Environmental Reform are necessary. As a consequence,
the accused may sometimes be subject to disciplinary action.
① The Center will forward petitions for mediation or fact-finding investigations
to the Harassment Prevention Committee through the Steering Committee.
In this case, petitioners are limited to the individual Principals directly
subjected to acts of Harassment. However, a person other than the Principal
may make a petition on their behalf when there are exceptional
circumstances preventing the Principal from making the petition themselves
and if their consent has been obtained. Additionally, if the Principal wishes to
do so, they may continue to receive support from the Center. Mediation andfact-finding investigations may be terminated at any time pursuant to thewishes of the individual who made the petition.
② The Steering Committee will undertake investigations to determine whether
to approve the petitions for mediation and fact-finding investigation. From
this point, communications to the Principals shall be provided by theHarassment Prevention Committee via the Center until the complaint
process has been completed.
③ The Harassment Prevention Committee may choose not to process a petition
if the complaint is made regarding events that occurred over 3 years prior.
Exceptions to this rule will be made if it is determined that there was ajustifiable reason the complaint could not be made within the 3 year period.
④ The Harassment Prevention Committee will inform the directors of thedepartments involved of the commencement of investigations. Those directors
must maintain confidentiality, fully cooperate with investigations, andprevent Retaliatory Harassment.
⑤ In the event that, based on the results of the investigation, redress measures
such as environmental reform become necessary, the Harassment Prevention
Committee must make recommendations to the President and directors of thedepartments involved. When the Harassment Prevention Committee decides
that measures such as disciplinary actions, reprimands or strong letters of
warning warnings are required, the Harassment Committee must makerecommendations to the President and give notice of its recommendations to
the directors of the departments involved. Directors of the departments
involved who receive recommendations regarding redress measures mustthen provide the President with a report concerning the implementation of
concrete measures. Upon receiving these reports, the President must provide
the Harassment Prevention Committee with a notice regarding the measures
implemented by the Directors of the departments involved, which the11Committee must then forward to the petitioner.

( ５ ) When Harassment significantly infringes on the rights of others or damages the
reputation of the University, disciplinary action may follow.

( ６ ) Measures to Handle Retaliatory Harassment
The Harassment Prevention Committee shall recommend to the President theimplementation of disciplinary measures against persons who engage in thefollowing retaliatory actions after receiving a consultation or mediation/relief
request.
① Direct acts or insinuations of retaliation, slander, etc. against the petitioner,
the accused, or anyone else cooperating with fact-finding investigations.
② Acts of that violate the individual rights of petitioners, the accused, or anyone
else cooperating with fact-finding investigations by spreading rumors toharm their reputation or invade their privacy.
③ Harassing counselors or members of the Harassment Prevention Committee,
etc.

( ７ ) Persons who submit false petitions in bad faith may be subject to disciplinary
measure. However, even if a petition is not substantiated as a result offact-finding investigations, it will not be immediately assumed that the petition
was in bad faith, and the petitioner will not necessarily suffer any penalties as aresult of such conclusions.

8. Review of the Guideline
The Harassment Prevention Committee will monitor the administrative results ofthis guideline and review and/or make changes to its content if deemed necessary.

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