Tohoku Gakuin Educational Foundation
Harassment Prevention Procedures and Regulations
(Purpose)
Article 1
- This regulation establishes the necessary matters concerning the harassment counselors (hereinafter referred to as "counselors") and the harassment countermeasures committee (hereinafter referred to as "the countermeasures committee") as stipulated in Article 5, Paragraph 1 of the Tohoku Gakuin Educational Corporation Regulations on the Prevention and Countermeasures of Harassment (hereinafter referred to as "the Prevention and Countermeasures Regulations"), and also establishes the procedures for countermeasures to be taken when harassment occurs as stipulated in Article 2 of the Prevention and Countermeasures Regulations at Tohoku Gakuin Educational Corporation (hereinafter referred to as "the Corporation").
(definition)
Article 2
- The meanings of terms used in these regulations shall be as defined in Article 2 of the Prevention and Countermeasures Regulations.
(Petitions and Reports)
Article 3
- A complaint of harassment must be filed by the victim who has suffered harm as a result of the harassment. However, if the victim is in a state of significant mental instability or otherwise deemed unable to file a complaint themselves, their supervisor or other superior may file a complaint on their behalf.
- The person who receives a consultation or complaint regarding harassment (hereinafter referred to as the "primary contact point") must report the fact that such a consultation or complaint has been received to the counselor without delay.
- If both the person who has sought advice or filed a complaint regarding harassment (hereinafter referred to as the "complainant") and the person who is alleged to have committed the harassment (hereinafter referred to as the "respondent") are faculty members or students, the counselor must report to the following persons that a consultation or complaint has been filed:
- In the case of universities
-
- A. Vice President (General Affairs)
- (i) Dean of the relevant faculty, Director of the Liberal Arts Education Center, Department Head, or Dean of the relevant graduate school
- U. Director of Academic Affairs
- E. Dean of Students
- For junior high schools, high schools, and Tsutsujigaoka High School
-
- A. Vice Principal
- (i) Head of Student Guidance or Head of Student Welfare
- In the case of kindergarten
-
- A. Vice Principal
- I, Office Manager
- In paragraph 2, if both the complainant and the respondent are staff members other than faculty members (including staff members of the corporate administrative office; the same applies hereinafter), the counselor must report to the corporate administrative office and the Vice President (in charge of general affairs) and the Director of General Affairs in the case of universities; to the Vice Principal and the Administrative Director in the case of junior high schools, high schools and Tsutsujigaoka High School; and to the Head Teacher and the Administrative Director in the case of kindergartens that a consultation or complaint has been filed.
- In paragraph 2, if only one of the complainants or the respondent is a teacher or student, the counselor must report to the following persons that a consultation or complaint has been filed:
- For corporate administrative offices and universities
-
- A. Vice President (General Affairs)
- I. General Affairs Manager
- (c) The dean of the relevant faculty, the director of the liberal arts education center, the department head, or the dean of the relevant graduate school.
- E. Head of Academic Affairs
- O Student Affairs Director
- For junior high schools, high schools, and Tsutsujigaoka High School
-
- A. Vice Principal
- (i) Head of Student Guidance or Head of Student Welfare
- U Office Manager
- In the case of kindergarten
-
- A. Vice Principal
- I, Office Manager
- In the cases referred to in the preceding three paragraphs, if the respondent is included among those to whom the report is made, the counselor must report this fact to the president of the university, the principal of the school, or the head of the kindergarten.
- The chairperson of the countermeasures committee, as stipulated in Article 10, must report to the Executive Director (General Affairs), the President, the Principal, or the Head of the School any consultations or complaints regarding harassment.
(Duties of the counselor)
Article 4
- The counselor shall receive consultations or complaints regarding harassment, record their contents, and, at the request of the complainant, request the convening of a countermeasures committee.
- Based on the instructions of the counselor coordinator as stipulated in Article 8, counselors shall, in principle, work in pairs to hear the details from the complainant and prepare a harassment consultation/complaint report.
(Appointment of counselors)
Article 5
- The corporate administrative office and university counselors shall be those specified in the following items and shall be appointed by the president. In this case, the vice president (in charge of general affairs) shall make arrangements so that at least one female counselor is selected from each of Tsuchitoi and Itsutsubashi.
- One full-time faculty member from each department and the General Education Center.
- Five non-teacher full-time staff members from Tsuchitoi (including one from the corporate administrative office), and five non-teacher staff members from Itsutsubashi.
- The counselors for junior high schools, high schools, and Tsutsujigaoka High School shall consist of three individuals, one male and one female, selected by the vice-principal from among the vice-principal, head teacher, and full-time staff, and appointed by the principal.
- The kindergarten counselors shall consist of three individuals, one male and one female, selected by the vice-principal from among the full-time staff (including corporate administrative staff), and shall be appointed by the principal.
(Term of office for counselors)
Article 6
- The term of office for counselors shall be two years, and reappointment is permitted.
(Disclosure of counselors)
Article 7
- The affiliation, name, and contact information of the counselors will be made public within the hospital.
(Counselor/Coordinator)
Article 8
- The countermeasures committee will appoint a counselor coordinator within the committee to appropriately coordinate the two counselors who will handle the harassment complaints.
- The counseling coordinator shall be one of the following persons:
- Corporate Affairs Office and the University's Vice President (General Affairs) and Director of General Affairs
- Junior High School, High School, and Vice Principal and Administrative Director of Tsutsujigaoka High School
- Kindergarten Vice Principal and Office Manager
(Tasks of the Countermeasures Committee)
Article 9
- The countermeasures committee shall perform the following tasks:
- Investigation and evaluation of cases related to harassment allegations
- Based on the investigation in the previous issue, in cases where it is deemed urgently necessary to prevent further damage, the formulation of provisional measures and recommendations to the relevant departments will be made.
- Based on the investigation in item 1, we request the relevant departments to formulate and recommend specific measures to appropriately address the harassment case.
- Planning and implementation of awareness campaigns and training sessions to prevent harassment.
- If, based on the investigation and evaluation of the case referred to in paragraph 1, item 1 above, the Countermeasures Committee shall immediately formulate countermeasures and remedial measures as stipulated in Article 6 of the Prevention and Countermeasures Regulations and recommend their implementation to the relevant departments.
- Even if the facts of harassment cannot be confirmed, the Countermeasures Committee may, based on its investigation of the case, formulate specific corrective measures and recommend their implementation to the relevant departments if it deems them necessary for maintaining a healthy educational, research, or work environment within the institution.
- If, based on an investigation into a case involving a harassment complaint, other misconduct is confirmed, the chairperson of the countermeasures committee may, with the approval of the committee, promptly report the information on such misconduct to the permanent director (in charge of general affairs), provide the information on such misconduct to the relevant departments, and recommend necessary measures, to the extent necessary and reasonable.
(Composition of the countermeasures committee)
Article 10
- The countermeasures committee shall consist of the following members:
- Corporate Affairs Office / Tohoku Gakuin University Countermeasures Committee (hereinafter referred to as the "Corporate and University Countermeasures Committee")
-
- A. Vice President (General Affairs) (Chairperson)
- I. General Affairs Director (Vice Chairman)
- (c) Department Head and Deputy Director of the Center for Liberal Arts Education
- E. Head of Academic Affairs
- O Student Affairs Director
- K, Human Resources Manager
- K. Other persons deemed necessary by the countermeasures committee.
- Junior High School and High School Countermeasures Committee
-
- A. Vice-principal (chairperson) appointed by the principal.
- I. Vice Principal (Vice Chairperson)
- U Vice Principal
- E. Head of Student Guidance
- O. Head of each grade level
- Office Manager
- K. Other persons deemed necessary by the countermeasures committee.
- Tsutsujigaoka High School Countermeasures Committee
-
- A. Vice Principal (Chairperson)
- I. Vice Principal (Deputy Chairperson)
- U Student Affairs Director
- E. Head of each grade (year)
- Office Manager
- (c) Other persons deemed necessary by the countermeasures committee
- Kindergarten Countermeasures Committee
-
- A. Vice Principal (Chairman)
- I. Secretary-General (Vice-Chairperson)
- (c) Other persons deemed necessary by the countermeasures committee
(Convening and proceedings of the countermeasures committee)
Article 11
- The countermeasures committee is convened and presided over by the chairperson.
- The Vice-Chairperson of the Countermeasures Committee assists the Chairperson and, in the event of the Chairperson's absence or inability to perform their duties, acts on their behalf.
- If a member of the countermeasures committee becomes the complainant or respondent, they cannot participate in the deliberation and decision-making regarding the case.
- In the case referred to in the preceding paragraph, if the chairperson or vice-chairperson becomes the petitioner or respondent, the countermeasures committee shall elect a person to act on their behalf through mutual election.
(Investigation Committee)
Article 12
- When a counselor requests a meeting of the Countermeasures Committee pursuant to Article 4, and the Committee deems it necessary to conduct an investigation, it must establish an investigative committee as an organization to investigate the facts of the case and confirm whether or not harassment occurred.
- The investigative committee may request the cooperation of the counselor who prepared the report specified in Article 4, Paragraph 2, when investigating the case related to the complaint.
- The investigative committee may, with the approval of the chairperson of the countermeasures committee, seek advice from experts both inside and outside the university during the investigation process of the case.
- The investigation committee must, based on its investigation of the case in question, compile an investigation report outlining the established facts and its assessment of whether or not the actions constitute harassment, and submit it to the countermeasures committee without delay.
- When the investigation report referred to in the preceding paragraph is submitted, it shall be sent without delay to both the petitioner and the respondent.
(Composition of the investigation committee)
Article 13
- The investigation committee will consist of three or more investigators appointed by the countermeasures committee.
- The investigative committee members specified in the preceding paragraph shall include university faculty members or external experts (such as lawyers) who possess legal expertise regarding harassment.
- The chairperson of the investigation committee shall be selected by the countermeasures committee from among the members of the investigation committee.
(Request for reinvestigation)
Article 14
- If any of the following circumstances exist with respect to the investigation report sent pursuant to Article 12, Paragraph 5, the petitioner and the respondent may request the Countermeasures Committee to reinvestigate the case within 14 days from the date of delivery of the investigation report (the date of the written hearing).
- If the established facts include factual errors that are likely to affect the conclusions of the investigation.
- If the established facts do not include any facts that, if established, would likely affect the conclusion of the investigation.
- When the investigation committee's determination of the existence or non-existence of facts clearly contradicts judgments based on existing evidence, rules of thumb, sound workplace practices, etc.
- When filing a request for reinvestigation based on items 1 and 2 of the preceding paragraph, new evidence supporting the grounds in question shall be submitted.
- Upon receiving a request for a reinvestigation, the countermeasures committee shall promptly determine whether there are grounds for a reinvestigation and notify the requester of the result.
- When conducting a reinvestigation based on the request under paragraph 1, the countermeasures committee shall establish a reinvestigation committee with two new investigators added to the original investigators.
- The investigation by the reinvestigation committee shall be limited to the facts that constitute the grounds for the request for reinvestigation.
(Report on the results of harassment prevention measures)
Article 15
- If the Chairman of the Countermeasures Committee recommends that relevant departments implement countermeasures and relief measures pursuant to Article 9, Paragraph 2, the Chairman may request that the relevant departments report on the results of the implementation of said measures.
- The chairperson of the countermeasures committee shall report the contents of the report based on the preceding paragraph to the countermeasures committee and notify the complainant without delay.
- The chairperson of the countermeasures committee must, while giving due consideration to the protection of the fundamental human rights and privacy of those involved, report without delay to the Executive Director (General Affairs), the President, the Principal, or the Head of the School/Kindergarten the results of the investigation into the harassment complaint and an outline of the countermeasures taken by the relevant departments.
- Upon receiving a report under the preceding paragraph, the Executive Director (in charge of general affairs), the President, the Principal, or the Head of the School must report the details to the Chairman of the Board of Directors without delay, as a crisis event as defined in Article 3, Item 3 of the Tohoku Gakuin Educational Corporation Crisis Management Regulations.
(Confidentiality)
Article 16
- Persons who serve as the primary point of contact for consultations or complaints regarding harassment, counselors, members of the countermeasures committee, members of the investigation committee, and persons who receive reports regarding harassment complaints pursuant to these regulations shall not disclose to others any information they have learned regarding the details of the harassment case, the names of those involved, etc.
- When the investigative committee interviews the parties involved in the harassment, witnesses, and other related parties during its investigation, it must explain to those being interviewed that they are bound by a duty of confidentiality under Article 7 of the Prevention and Countermeasures Regulations.
- If the person being interviewed in the preceding paragraph is not an employee or student of this institution, prior consent must be obtained from the person being interviewed regarding the obligation of confidentiality imposed in order to ensure the fairness of the investigation and the protection of the victim.
- The provisions of paragraph 1 shall also apply to experts inside and outside the university who are asked to provide advice by the investigation committee pursuant to Article 12, paragraph 3.
(Administrative)
Article 17
- All administrative matters related to these regulations shall be handled by the Personnel Section of the Corporate Affairs Department.
- The administrative affairs related to the countermeasures committee are the responsibility of the General Affairs Division of the General Affairs Department in the case of the corporate secretariat and the university, and the administrative office in the case of the junior high school, high school, Tsutsujigaoka High School, and kindergarten.
(Revision/Abolition)
Article 18
- Any revision or repeal of these regulations shall be carried out by the Board of Directors after deliberation by the Corporate and University Affairs Committee.
- Supplementary provisions
-
- These regulations shall come into effect on February 5, 2014.
- With the implementation of these regulations, the "Tohoku Gakuin University Harassment Prevention Procedures Regulations" (established April 1, 2000, Regulation No. 6) are hereby abolished.
- Supplementary Provisions (Revised No. 20, February 6, 2017)
- These regulations shall come into effect on February 6, 2017.
- Supplementary Provisions (Revised No. 13, February 12, 2020)
- These regulations shall come into effect on February 12, 2020.
- Supplementary Provisions (Revised No. 189, December 24, 2020)
- These regulations shall come into effect on December 24, 2020.
- Supplementary Provisions (Revised No. 112, March 22, 2020)
- These regulations shall come into effect on April 1, 2023.
- Supplementary Provisions (Revised No. 65, March 27, 2020)
- These regulations shall come into effect on April 1, 2024.
- Supplementary Provisions (Revised No. 191, March 11, 2020)
- These regulations shall come into effect on March 11, 2026.