Prevention Measures Regulations

Chapter 1 General Provisions

(the purpose)
Article 1 The purpose of these regulations is to enable all students, pupils and faculty members studying or working at Chiba Gakuen School Corporation (hereinafter referred to as the "School") to freely demonstrate their abilities and individuality, and they stipulate the necessary matters regarding the development of educational and awareness-raising activities to prevent unfair discriminatory treatment based on gender, social status, human rights, nationality, etc., and other forms of harassment at the School, as well as the appropriate handling of consultations and complaints regarding harassment.

(Definition)
Article 2 Harassment refers to causing disadvantage or discomfort to another person or violating their dignity through verbal or physical actions based on their gender, social status, race, nationality, creed, age, occupation, physical characteristics, or other attributes, or more broadly, their personality.
(1) Sexual harassment
It refers to one party making sexual remarks or taking sexual actions against the will of another party in connection with education, research, or administrative duties, thereby causing disadvantage or damage to the other party, or violating their personal dignity or personality.
(2) Academic harassment
This refers to a person in a leadership position in education or research activities using inappropriate language or behavior or treating a person under their supervision in an inappropriate manner, thereby interfering with the free and independent learning or research activities or the smooth performance of duties of the person under their supervision, and violating their individual dignity or personality.
(3) Power harassment
This refers to a situation in which a person in a superior managerial position improperly exercises his or her authority to supervise, guide and develop others, or implies that he or she will worsen the working environment of a subordinate person, thereby treating that person unfairly and against their will, causing disadvantage or damage, or violating the individual's dignity or personality.
(4) Harassment related to pregnancy, childbirth, childcare leave, etc.
This refers to a superior or colleague harming the working environment of a teaching or administrative staff member through their words or actions regarding the use of systems regarding pregnancy, childbirth, childcare, etc., as well as harming the working environment of female teaching or administrative staff members through their words or actions regarding pregnancy, childbirth, etc.
(5) Other types of harassment
Any behavior that does not fall under any of the preceding items, but which causes discomfort to another person through unreasonable and inappropriate speech or behavior that goes against that person's will and has a negative impact on the student's study, work, or educational/research environment.

(Scope of application)
Article 3 These regulations apply to the following persons:
(1) Students (undergraduate students, graduate students, students of affiliated high schools, course students, auditors, exchange students, and all others receiving an education at this university)
(2) Faculty and staff members (officers, full-time faculty and staff members, Full-time Lecturer, Contract Administrative Staff, Part-time Administrative Staff, temporary employees and commissioned service workers employed by the University, etc.)
(3) Those who are continuously involved in education and research at the University (off-campus researchers, extracurricular activity instructors, etc.)
(4) A person other than those in the preceding three paragraphs who has a relationship in the course of education, research or on-campus duties with a person covered by paragraphs 1 to 3 of this section and who the Harassment Prevention Committee judges to require measures.

2. These regulations apply when the person who is alleged to have been harassed or the person who is alleged to have committed the harassing act is a student, faculty or staff member, etc. as defined in the preceding paragraph.

(Harassment complaint)
Article 3-2 Any person who is a victim of harassment may file any of the following claims with the Harassment Prevention Committee set out in Article 4:
(1) Notice: Something that makes the other party aware that harassing behavior has occurred.
(2) Mediation: A settlement is sought through discussion between the parties.
(3) Adjudication: The facts of the complaint are investigated and a resolution is sought.

2. A complaint shall be made in writing by the person who has suffered harassment to the Harassment Prevention Committee.

Chapter 2 Establishment of Harassment-related Committees, etc.

(Installation)
Article 4: In order to prevent harassment at the school, the following committees shall be established:
(1) Harassment Prevention Committee (hereinafter referred to as the "Harassment Prevention Committee")
(2) Harassment counselors (hereinafter referred to as "counselors")
(3) Harassment Mediation Committee (hereinafter referred to as the "Mediation Committee")
(4) Harassment Investigation Committee (hereinafter referred to as the "Investigation Committee")
(5) Disciplinary Committee

Chapter 3 Prevention Committee

(composition)
Article 5 The members of the Prevention Measures Committee shall be as follows, and shall be appointed by Chairman of the Board following a discussion by the Standing Board of Director.
(1) One person designated by Chairman of the Board
(2) 10 persons designated by President from among the university's teaching staff.
(3) Two members of the high school teaching staff designated by Principal
(4) Six persons designated by Executive Director of the Corporate Office of the Corporation from among the administrative staff of the Corporation and the University.
2. In forming the committee, consideration shall be given to gender balance.

(Duties)
Article 6 The duties of the Prevention Measures Committee shall be as follows:
(1) Research and awareness-raising to prevent human rights violations through harassment, etc.
(2) Matters concerning the resolution of harassment disputes and notification to the parties involved.
(3) Matters relating to the supervision, management and supervision of counselors.
(4) Matters concerning harassment that have been inquired about by Chairman of the Board of Directors.
(5) Matters concerning the public disclosure of harassment at the school.
(6) Other matters relating to the prevention of harassment.

(Term of office)
Article 7 The term of office for members shall be three years. However, reappointment may not be prohibited.
2 If a member resigns during his/her term of office, the term of office of his/her successor shall be the remaining term of his/her predecessor.
3 When reappointing members due to the expiration of their terms, at least half of the members shall be retained in their positions.

(Chairpersons, etc.)
Article 8 The Prevention Measures Committee shall have a chairperson and a vice-chairperson, who shall be appointed by Chairman of the Board.
2 In the event of an accident to the Chairman, the Vice-Chairman shall act in his place.
3 The Chairman shall convene the Prevention Measures Committee and act as its chairperson.
4. When a counselor reports the content of a consultation, the Chairperson must convene a Prevention Measures Committee.
5 When a request for a meeting of the Prevention Measures Committee is received from one-third or more of the members, the Chairperson must convene a meeting of the Prevention Measures Committee within two weeks.

(Resolution)
Article 9 The Prevention Measures Committee cannot hold meetings or make decisions unless a majority of its members are present.
2. Decisions of the Prevention Measures Committee shall be made by a majority vote of the members present, and in the event of a tie, the chairman shall have the deciding vote.

(Treatment of non-committee members)
Article 10. When the Chairman deems it necessary, he/she may request the attendance of persons other than the members after a discussion at the Prevention Measures Committee.

(Reports and Notifications)
Article 11 When the Prevention Committee has compiled measures to be taken to remedy and punish harassment and improve the environment, as well as other responses to individual cases, it must immediately report them to Chairman of the Board.
2 The Prevention Committee shall notify the complainant and the respondent of the results of its investigation into the complaint and its decision.

(Measures)
Article 12 When Chairman of the Board receives the report under the previous article, he/she shall immediately take the necessary measures.
2. Disciplinary action against faculty and staff members in the preceding paragraph shall be governed by the provisions of Chapter 7, while disciplinary action against students and pupils shall be left to the discretion of President or Principal.

Chapter 4 Counsellors

(Consultation desk)
Article 13: The university will set up and publicize a consultation desk to receive consultation regarding protection and relief from those who have been victims of harassment.
2. When a consultation or report regarding harassment is made, the person in charge of the consultation desk shall introduce the person to a counselor as stipulated in the following article and contact the counselor.

(Counsellor)
Article 14 The school will assign counselors to respond to consultations and reports of harassment.

(Commissioned)
Article 15 Counselors shall be appointed by Chairman of the Board based on the following criteria:
(1) Several members of the university's teaching staff designated by President
(2) Several members of the high school teaching staff designated by Principal
(3) Several persons designated by Executive Director of the Corporate Office of the Corporation from among the administrative staff of the Corporation and the University.
2 If necessary, external persons with specialized knowledge regarding harassment may be added to the counseling staff.
3. When appointing counselors, consideration shall be given to gender balance.

(Duties)
Article 16 The duties of a counselor shall be as follows:
(1) If a complaint of harassment is made, we will immediately provide consultation.
(2) When a petition for mediation or arbitration is received, provide consultation and explain the procedure.
(3) Report the details of the harassment consultation to the Prevention Committee.
(4) To refer the complainant to a professional Counselor if necessary, or to take appropriate measures if medical treatment is required.
(5) Take necessary actions to prevent and raise awareness of harassment.

(Term of office)
Article 17 The term of office for counselors shall be two years. However, reappointment may not be prohibited.
2 If a Counsellor resigns during the term of office, the term of office of his/her successor shall be the remaining term of his/her predecessor.
3 When selecting new counselors upon expiration of their terms, at least half of the counselors shall be retained in their positions.

(Announcement)
Article 18 The school will publish the names, affiliations, contact telephone numbers, and email addresses of its counselors on its website.

(How to consult)
Article 19 In addition to meeting face-to-face with a counselor, a complainant may also seek consultation by letter, telephone, e-mail, etc.

(Consultations, etc.)
Article 20. When necessary, a counselor may consult with other counselors regarding how to respond to a case and may also seek the opinions of Counselor and other experts.

(Report)
Article 21 Counselors must report to the Prevention Measures Committee on the content of any consultation regarding harassment and the process of how it was handled.
2 When a Counsellor recognizes that the situation is serious and requires immediate action, he/she must immediately report this to the Prevention Measures Committee.
3. If a Counsellor becomes aware of any important facts after making a report under paragraph 1 or the preceding paragraph, he/she must immediately report such facts to the Prevention Measures Committee.

(Matters to be complied with)
Article 22. The staff members and counselors at the consultation desk must observe the following items in carrying out their duties:
(1) Handle the matter with care so as not to infringe on the complainant's honor, privacy, or other personal rights.
(2) Respect the wishes of the complainant as much as possible and be careful not to force your own solution on them.
(3) When taking measures to provide relief or respond to a complainant, the company will not engage in any harassing behavior or words.

Chapter 5 Mediation Committee

(Installation)
Article 23 When a complainant requests mediation regarding harassment and the Prevention Committee deems it necessary, it must establish a mediation committee.

(Duties)
Article 24 The task of the Mediation Committee is to facilitate mediation so that the problem can be resolved through negotiation between the complainant and the respondent.
2. In conducting the mediation, the mediation committee shall take care to enable the parties to deepen their understanding of harassment.

(composition)
Article 25 The mediation committee shall, in principle, consist of no more than four members and shall be selected by the Prevention Measures Committee.

(Appointment)
Article 26. When selecting members, the following points must be taken into consideration:
(1) Consideration should be given to gender balance.
(2) Exclude as many people as possible from the departments to which the parties belong.
2 The mediation committee may include external experts or lawyers as members, as necessary.

(Term of office)
Article 27 The term of office of the members shall expire when the Conciliation Committee's duties regarding the case in question are completed.

(Chairman)
Article 28 The chairman of the Mediation Committee shall be decided by the Mediation Committee.
2 The Mediation Committee shall be headed by a Chairman who shall oversee the progress of the mediation.

(Notification)
Article 29 Upon receiving a request for mediation from the complainant, the mediation committee shall immediately determine the date, time and place of the mediation and notify the parties of such decision.

(Attendant)
Article 30 If the parties are minors, they may be accompanied by one guardian during the mediation. However, the guardian must take care not to impede the parties' efforts to resolve the matter based on their own independent judgment, and must observe the same confidentiality obligations as the parties.

(Order)
Article 31 If the Conciliation Committee finds it necessary, as a measure prior to and during the mediation, it may order the respondent to suspend or eliminate any conduct that is likely to make it impossible or extremely difficult to achieve the goals of the mediation.

(Duty of Care)
Article 32. The mediation committee and mediators must, in conducting mediation, pay attention to the following points:
(1) The Committee will be careful not to impose any solution on the parties involved.
(2) During mediation, refrain from any words or actions that may oppress the victim or cover up the damage done.
(3) If the respondent argues that “consent was given,” the burden of proving whether or not such consent existed will not be placed on the complainant.

(Termination of Mediation)
Article 33 Mediation may be terminated when any of the following events occurs:
(1) When a written agreement is reached between the parties.
(2) When a party requests termination of mediation midway through the process.
(3) When the mediation committee determines that there is no prospect of the parties reaching an agreement within a reasonable period of time.

(Report)
Article 34 When the mediation is completed, the Mediation Committee must immediately report the progress and results to the Prevention Measures Committee.

Chapter 6 Investigation Committee

(Installation)
Article 35 The Prevention Committee shall establish an investigative committee to investigate the facts of the harassment if any of the following conditions apply:
(1) When the complainant files a petition for arbitration of the harassment and the Prevention Measures Committee deems it necessary.
(2) When the Prevention Committee determines that relief, sanctions and measures for environmental improvement are necessary, even if no complaint has been filed by the complainant.

(Duties)
Article 36 The Investigative Committee must report the results of its investigation into the facts of the harassment to the Prevention Committee within two months after the filing of a complaint under Item 1 of the preceding article or the rendering of a judgment under Item 2 of the preceding article. However, if the investigation is not completed within two months and there are unavoidable circumstances, the period may be extended for a reasonable period.
2. In order to carry out the functions set forth in the preceding paragraph, the Committee shall:
(1) To hear from the parties and related persons.
(2) Any other matters necessary to clarify the facts of the case.
3 A party requested to be heard under the preceding paragraph may not refuse to be heard without a justifiable reason.

(Number of people)
Article 37 The members of the Investigative Committee shall be no more than four persons per case and shall be selected by the Prevention Measures Committee.

(Appointment)
Article 38. In selecting members of the Investigative Committee, the Prevention Committee must take into consideration the following points in order to ensure the objectivity, neutrality and fairness of the Committee:
(1) Consideration should be given to gender balance.
(2) Exclude as many people as possible from the departments to which the parties belong.
2. The investigative committee may include external experts or lawyers as members if necessary.

(Term of office)
Article 39. The term of office of the members shall expire when the Investigative Committee's duties regarding the case in question are completed.

(Concurrent post)
Article 40. A committee member may serve as an investigative committee member for more than one case.

(Chairman)
Article 41 The chairman of the Investigative Committee shall be appointed by the Chairman of the Prevention Measures Committee.
2 The Chairman shall convene the Investigative Committee and act as its chairperson.

(Treatment of non-committee members)
Article 42. When the Chairman deems it necessary, he/she may, after a discussion at the Investigative Committee, request the attendance of persons other than the Committee members.

(Duty of Care)
Article 43. In conducting their investigations, the Investigative Committee and its members must pay attention to the following points:
(1) During the investigation, refrain from any words or actions that may oppress the victim or cover up the damage done.
(2) If the respondent argues that “consent was given,” the burden of proving whether or not such consent existed should not be placed on the victim.

(End of investigation)
Article 44 An investigation may be terminated when any of the following occurs:
(1) When the investigation by the Investigative Committee is completed.
(2) When the investigation has not been completed within two months and is not expected to be completed even if it is extended for a reasonable period.
(3) When an investigation determines that the allegation does not constitute harassment as defined in Article 2.
(4) Any other case in which the Investigation Committee determines that the investigation is no longer necessary.

(Report)
Article 45. When the investigation is completed, the Investigative Committee must immediately report the progress and findings to the Prevention Measures Committee.

(Appeal)
Article 45-2 If a party is dissatisfied with the results notified to it by the Prevention Committee, it may file a written appeal to the Prevention Committee within 14 days from the date of notification of the results (if the last day of that period falls on a holiday, the period shall expire on the following day), setting out the specific reasons that will affect the findings of fact.
2. The Prevention Committee shall decide whether to accept or dismiss a complaint, and if it accepts it shall conduct a reinvestigation or re-examination.
3. If the Prevention Committee decides to conduct a reinvestigation or reexamination, it must notify both parties of that decision without delay.
4. When the Prevention Committee conducts a reinvestigation, it will replace all members of the investigative committee for the case in question.

Chapter 7 Disciplinary Committee

(Installation)
Article 46 When Chairman of the Board receives a report from the Prevention Committee regarding disciplinary action against a faculty or staff member, he/she must consult with the Disciplinary Committee within two weeks regarding how to respond.

Chapter 8 Compliance Obligations

(Obligations of the Committee Members, etc. and the Parties, etc.)
Article 47. The members of each committee, counselors and persons in charge of the consultation desk shall act with caution so as not to infringe on the honor, privacy and other personal rights of the parties involved, and shall never disclose to anyone anything which they learn in the course of their duties, both during their term of office and after they leave office.
2 The parties and any related parties shall act with caution so as not to infringe on the personal rights, such as the honor and privacy, of the parties, and shall never disclose to any other person any information which they learn in the course of a consultation, complaint, investigation, etc.

(Prohibition of Unfavorable Treatment)
Article 48 No person shall be subjected to detrimental treatment on the grounds that he/she has filed a consultation, a request for mediation or a request for arbitration in accordance with these regulations.

Chapter 9 Miscellaneous Provisions

(Administrative Affairs)
Article 49 The affairs of the Prevention Measures Committee, the Mediation Committee and the Investigative Committee shall be carried out by Human Resources Division.

(Storage of materials, etc.)
Article 50. Materials relating to mediation, investigations, etc. regarding harassment will be kept by Human Resources Division.
2 The retention period for the materials referred to in the preceding paragraph shall be ten years.

(Amendment and repeal of regulations)
Article 51 Any amendment or repeal of these regulations shall be made by the Standing Director following a discussion by the Prevention Measures Committee.

(Administrative Procedures)
Article 52 Human Resources Division shall be responsible for the administration of these regulations.

Supplementary Provisions