REPORTING MISCONDUCT OF A JESUIT OF THE JAPAN PROVINCE
COMMITMENT OF JAPAN PROVINCE
The Japan Province is committed to:
Protecting children and vulnerable adults from physical and sexual abuse as well as emotional or online abuse and providing Jesuits with suitable training and education in these areas.
Responding promptly, effectively and compassionately to anyone reporting abuse or harassment.
Complying with civil, criminal, Church and diocesan laws and policies when applicable.
Respecting and supporting the individual rights of every person involved in a report about misconduct.
Reaching out to victims and others affected with honesty, compassion and commitment to their physical, psychological and spiritual well-being.
Responding pastorally to those accused of misconduct.
Your report may be made through written letter, email, phone call, or in person to either contact person.
Misconduct includes but is not limited to sexual abuse of minors or vulnerable adults and all forms of harassment of minors or adults.
Jesuit of the Japan Province is defined as a member of the Japan Province or a Jesuit from another province temporarily residing in and/or working in Japan.
If the reported misconduct is sexual abuse of a minor or vulnerable adult, competent civil authorities will be contacted at once.
If the reported misconduct does not fall within the competence of the Review Committee, other suitable venues for handling the situation will be suggested to the one making the report.
When the reported misconduct falls within the competence of the Review Committee the procedure outlined in Guidelines will be followed. (Note: in Guidelines the Review Committee is referred to as the Prevention Committee.)
Jerry CUSUMANO S.J., Chair, Clinical Psychologist
Sanji YAMAOKA S.J., Professor Emeritus, Sophia University
Yuuko OKADA, Lawyer/clinical psychologist
Nahomi TAKEDA, Professor, Theology Department, Sophia University
GUIDELINES FOR THE PREVENTION OF SEXUAL HARASSMENT
1. The Purpose of Establishing these Guidelines
The purpose of these Guidelines is to prevent sexual harassment in institutions of the Religious Corporation “The Catholic Society of Jesus” (hereafter, the Society) or by members of the same Society (hereafter, Jesuits) in their works of ministry, and to maintain and assure the dignity and trustworthiness of the Society and its members. Sexual harassment is completely contrary to the teaching of Jesus Christ in the gospel, which esteems every individual as a child of God. Further, it violates not only the essential equality of the sexes as determined by the Constitution of Japan but basic human rights as well. These Guidelines also determine procedures for dealing with complaints concerning sexual harassment and safeguard the basic human rights of everyone associated with Jesuits, or others engaged in institutions of the Society or works of individual Jesuits.
2. Definition of Sexual Harassment
In these Guidelines “Sexual Harassment” is taken to mean any behavior arising from sexual interests or desires, which causes unpleasant feelings in others. The following are included among these:
① unnecessary comments about physical appearance or characteristics
② unnecessary comments about sexual or bodily matters
③ distributing or displaying pornographic materials
④ circulation of rumors
⑤ unneeded physical touches
⑥ infringements of privacy
⑦ sexual behavior which lowers other people’s eagerness to work or prevents them from exercising their full potential
⑧ demands for dates or sexual relations
⑨ behavior which is disadvantageous to persons who have resisted or rejected sexual advances or have lodged legitimate complaints concerning sexual harassment
⑩ any other sexual behavior which causes unpleasantness to others
3. Prohibition of Sexual Harassment
Jesuits must not engage in any sexual harassment whatever not only in carrying out their duties but in their whole way of life.
4. Precautions for Preventing Sexual Harassment
(1) The other person’s way of seeing things is always important, since there are differences among men and women, individuals, and places with regard to the way in which people regard sexual behavior and judge what constitutes sexual harassment. Accordingly, the following precautions are necessary:
① Even if one’s behavior is meant to show friendliness, this is sometimes unpleasant to others despite what one may intend.
② There are individual differences as to whether unpleasantness is felt or not.
③ One should not surmise that the other person will allow what one sees as simply some minor liberty.
④ One should not presume that one is on favorable terms with the other person.
⑤ One must not repeat behavior that the other person clearly rejects or dislikes.
⑥ The other person may not always make it clear whether some behavior is taken to be sexual harassment or not. Taking into special consideration the fact that in a Catholic church or an educational institution one may occupy an influential and privileged role involving rank and subordination, one must not judge that the other person does not find something unpleasant just because that person does not show clear signs of rejection.
⑦ One must not get the mistaken impression that the other person agrees or consents just because that person may have once allowed some liberty regarding sexual speech or action.
⑧ When behavior considered to be sexual harassment is repeated, or when an influential and privileged role in a Catholic church or educational institution involving rank and subordination is utilized for sexual harassment, or when a minor or some vulnerable person is the object of harassment, such sexual harassment becomes iniquitous.
⑨ No exceptions are made concerning the place or time of behavior taken to be sexual harassment. For example, one must be equally careful regarding sexual harassment when the personnel of Jesuit institutions (universities, schools, parishes, social apostolate centers, etc.) or workplaces take part in gatherings or events sponsored by the institution.
⑩ Instances of sexual harassment often occur on the part of men towards women, but women are not the only victims of harassment. Regardless of whether the other person is a man or a woman, or whether the other person is of the opposite sex or of the same sex, sexual behavior which makes that person feel unpleasant or ill at ease is considered to be sexual harassment.
(2) When one is responsible for behavior which is taken to be sexual harassment, one must apologize immediately to the other person and make a sincere effort to maintain favorable terms. Moreover, when one has been responsible for sexual harassment or when one has been accused of such behavior, one should report it to a superior official immediately.
(3) The person who has been sexually harassed should inform the other party immediately that such behavior is unpleasant or is rejected and should report immediately to the Chair of the Prevention Committee (Socius to the Provincial).
5. Committee for the Prevention of Sexual Harassment
(1) The appointment of officials responsible for prevention and the establishment of a Prevention Committee.
One member of the Society’s corporation board will be appointed as Representative responsible for the prevention of sexual harassment in the Society and for dealing with complaints. A Japan Province Committee for the Prevention of Sexual Harassment (hereafter, Prevention Committee) will be established.
(2) Composition of the Prevention Committee
The Prevention Committee will consist of 3 or more members; at least one of whom should be female.
(3) Selection and nomination of the Prevention Committee
The Representative of the Society of Jesus will appoint Jesuits and other competent persons as members of the Prevention Committee.
(4) Term of tenure of members of the Prevention Committee
The term of tenure of members of the Prevention Committee will be 3 years. In cases of expiration of tenure or of resignation, these members will continue as such and fulfill their function until replaced by some new member.
(5) Release from tenure of members of the Prevention Committee
Members of the Prevention Committee can be released from their tenure by a Committee decision in either of the following cases:
① When some physical or mental illness impedes them from carrying out their responsibility.
② When they have behaved in some manner unbecoming a member of the Prevention Committee.
6. Receiving Complaints of Sexual Harassment
The Prevention Committee will, according to these Guidelines, hear complaints of sexual harassment, investigate the circumstances, advise the complainant, mediate, prevent aftereffects and recurrences, take measures regarding the offender, hold seminars and provide information, draw up and preserve records, and do whatever is required for the prevention of sexual harassment by Jesuits.
7. Dealing with Complaints of Sexual Harassment
(1) The Prevention Committee will hear complaints of sexual harassment from persons listed here.
① Anyone who has personally been a victim of sexual harassment by a Jesuit
② Anyone who knows that someone has been harassed by a Jesuit
③ Anyone who has been consulted concerning sexual harassment by a Jesuit
④ Anyone who has been informed by someone of being a victim of sexual harassment
⑤ Anyone who has personally been a victim of sexual harassment in the past
(2) Receiving complaints
The filing of complaints is generally done in writing but one can ask for a personal interview. An appointment will be set for such a visit.
8. Procedure regarding Complaints of Sexual Harassment
(1) When the Prevention Committee has received some complaint of sexual harassment, it must deal with it seriously and speedily with all respect for privacy, reputation, and other human rights, and, if needed, in conjunction with some external professional service or individual.
(2) Any Jesuit who is asked to explain a situation by the Representative of the Prevention Committee must cooperate with the inquiry by any member of the Prevention Committee appointed by the Committee Representative or anyone else so appointed.
(3) Except for legitimate reasons, members of the Prevention Committee are not to divulge any secret information acquired while handling complaints. This applies also after they are released from their tenure.
(4) When it is necessary for dealing with complaints, the Prevention Committee can ask for cooperation regarding the inquiry, and can advise, or caution the Director of any institution where a Jesuit guilty of sexual harassment is engaged.
(5) The Director of an institution who has been thus cautioned is to report to the Representative of the Society of Jesus concerning implementation of concrete measures.
9. Measures regarding Sexual Harassment
Any Jesuit offender, in proportion to the actual nature of the sexual harassment, is considered guilty of conduct unbecoming a public servant of the Catholic Church and is to be dealt with according to the prescriptions of Canon Law and of the Society of Jesus.
10. Relation with the Diocese
If a Jesuit accused of involvement in sexual harassment is engaged in some work assigned by the Bishop, the Representative of the Society of Jesus or some local Superior designated by him should inform the Bishop immediately.
11. Prevention of Recurring Offenses
When there is possibility of undesirable aftereffects or recurring offenses, the Prevention Committee, having taken steps to remove the offender from his duties and to prevent him from associating with the victim, will prescribe participation in a suitable recovery program and take needed and suitable measures to control undesirable aftereffects and hinder recurring harassment.
12. Measures to Prevent Aftereffects and Deal with Offenders
(1) The Prevention Committee is to strive to prevent any undesirable aftereffects of the complaints it has handled.
(2) The Representative of the Society of Jesus and the Director of an institution where a Jesuit is engaged is to be advised concerning the implementation of measures taken regarding anyone guilty of the following behavior:
① Behavior which revenges or hints at revenging, slanders, or derides someone who has filed a complaint or someone who has cooperated in the investigation.
② Behavior which by spreading rumors offends the human rights of privacy and reputation of someone involved in the process.
③ Behavior which threatens or harasses members of the Prevention Committee.
The Prevention Committee is to keep a record of the process from the initial complaint to the final outcome. The record is to be filed in the Province archives.
14. Seminars and Information concerning Sexual Harassment
The Prevention Committee is to plan and hold seminars and provide information concerning sexual harassment.
15. The Efficacy of these Guidelines
These Guidelines do not take precedence over any laws, or any regulations of the various school corporations, or any regulations of other institutions affiliated with the Society of Jesus.
16．Revision of these Guidelines
Revision of these Guidelines suggested by the Prevention Committee must be approved by the Board of the Religious Corporation “The Catholic Society of Jesus”.
Note: Effective October 17, 2010
Revised June 16 , 2012
(Original : Japanese)
Vos Estis Lux Mundi, Pope Francis, May 2019
Vademecum. On Certain Points of Procedure in Treating Cases of
Sexual Abuse of Minors Committed by Clerics. CDF16 July 2020