PREVENTION AND TREATMENT OF MISCONDUCT OF A JESUIT OF THE JAPAN PROVINCE 

I. INTRODUCTION


1. COMMITMENT OF JAPAN PROVINCE
   The Japan Province is committed to:
1.    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.
2.    Responding promptly, effectively and compassionately to anyone reporting abuse or harassment.
3.    Complying with civil, criminal, canon laws and policies when applicable.
4.    Respecting and supporting the individual rights of every person involved in a report about misconduct.
5.    Reaching out to victims and others affected with honesty, compassion and commitment to their physical, psychological and spiritual well-being.
6.    Responding pastorally to those accused of misconduct.

 

2. CONTACT PERSONS FOR CONSULTING ABOUT AND/OR REPORTING OF  
    MISCONDUCT(CONSULTATION SERVICE)

 

Sr. Atsuko Kano (Adoratrices)

シスター狩野(礼拝会)

Jerry Cusumano, S.J.

Your report may be made through written letter, email, phone call, or in person to either contact person.

 

3. HARASSMENT PREVENTION AND TREATMENT COMMITTEE
ハラスメント防止対策委員会
(hereafter:  HPT COMMITTEE)

3.1  HPT Committee 
    The appointment of officials responsible for prevention and the establishment of the HPT 
   Committee. One member of the Society’s corporation board will be appointed as     Representative responsible for the prevention of harassment in the Society and for dealing 
   with complaints. A Japan Province Committee for Harassment Prevention and Treatment 
   (hereafter,  HPT Committee) will be established.
  3.2  Composition of the HPT Committee
         The HPT Committee will consist of 3 or more members; at least one of whom should be 
   female. As of 1 June 2021 the members are:
       Jerry CUSUMANO S.J., Chair, Clinical Psychologist, Professor Emeritus, Sophia University
       Sanji YAMAOKA S.J., Professor Emeritus, Sophia University
       Female Attorney, non-Christian
       Female Theologian (Practical Theology)
  3.3  Selection and nomination of the HPT Committee
         The Representative of the Society of Jesus will appoint Jesuits and other competent persons 
   as members of the HPT Committee.
  3.4 Term of tenure of members of the HPT Committee
   The term of tenure of members of the HPT 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.
  3.5  Release from tenure of members of the HPT Committee
         Members of the HPT 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 HPT 
       Committee.

                                  
II. Definitions

4. Misconduct 
   includes but is not limited to sexual abuse of minors or vulnerable adults and all forms of 
   harassment of minors or adults.

5. 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.

 

6. Harassment (harassment other than sexual harassment)
   Harassment occurs when a Jesuit relates to anyone (one of the faithful or anyone else) in a superior manner, beyond the proper bounds of apostolic relationship, so as to inflict on that person physical and/or mental harm.  This includes but is not limited to the following.
①  physical abuse (physical punishment, etc.)
②  physical exploitation
③ mental abuse   ( comments that are, or could be construed by an observer to be: harsh, coercive, 
   threatening, intimidating, shaming, derogatory, demeaning or humiliating.)
④ severing human relationships
⑤  infringement of the individual (privacy)

Reference
① Such things as intimidation, corporal punishment, physical mistreatment, and psychological 
   harassment have no place in any ministry associated with the Society of Jesus. We need to take 
   decisive steps to eliminate any behaviors that hinder an experience of God’s love. 
       (Fr. General Nicolas, 18 May 2015)
② Ministry of Labor and Welfare 厚生労働省 (Japanese)
   ハラスメントパンフ.indd (mhlw.go.jp)
   
7. Definition of Sexual Harassment
   “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

III. PROCEDURES

8. PROCEDURES
1.    If the reported misconduct does not fall within the competence of the HPT Committee, other suitable venues for handling the situation will be suggested to the one making the report.

2.    When the reported misconduct is harassment and falls within the competence of the HPT Committee the procedure outlined in Harassment Investigation Guidelines (#9) will be followed. 

          3. If the reported misconduct is sexual abuse of a minor or vulnerable adult, competent civil 
   authorities will be contacted at once. When the reported  misconduct falls within the 
   competence of the HPT Committee the      procedure outlined in Receiving Consultatiom about or 
   Reports  of Sexual Harassment (#10) will be  followed.

 

IV. GUIDELINES 

9. HARASSMENT INVESTIGATION GUIDELINES 
      (Harassment Other than Sexual Harassment)

1. 
FIRST CONTACT
   First contact is the person involved in the initial consultation  or report of harassment. The first contact could come through the Safeguarding website, or as a consultation with any Jesuit, or through a non-Jesuit who then contacts a Jesuit about what to do with the information.


2. 
WRITTEN RECORD
   With the consent of the  person who alleged the damage (hereafter referred to as the complainant) the first contact makes a written record of the consultation and sends it to the chair of the HPT Committee.

3. 
CONSULTATION WITH HPT COMMITTEE
   The chair then sends this record to the other members of the committee and seeks opinions as to whether the committee should take up the case formally or not.

4. 
NOT TO CONSIDER THE CASE
   If the consensus is not to take up the case, the complainant is so informed and is given suggestions about other venues or ways of dealing with the complaint, especially through the local diocesan Protection of the Human Rights of Women and Children Desk.

5. 
CONSENSUS TO CONDITIONALLY TAKE UP THE CASE
    If the consensus is to take up the case, it is done conditionally, stipulating that final decision will be made after a hearing with the member against whom the harassment is alleged (hereafter, Respondent).  

6. 
INTERVIEW WITH THE RESPONDENT
   Two members of the committee interview the respondent, make a written record of it, and send it to the other two members of the committee.

7. 
DECISION TO TAKE UP THE CASE FORMALLY OR NOT
   After considering the interview with the respondent, the full committee decides by consensus as to whether or not take up the case formally, issuing in a full report to the Provincial.

8. 
TIME FRAME FOR INVESTIGATION AND REPORT
    If the committee decides to take up the case formally it shall complete the investigation and submission of report and related documents within three months from the date when the first contact was made. If the decision is not to take up the case formally, the the complainant is informed immediately as in #4.

9. 
DECISION OF THE HPT COMMITTEE
   The HPT Committee shall report the investigation results based on the unanimous consensus of its members. The written report is then sent to the Provincial.

10. 
CONTENT OF REPORT
The report shall include the facts of the case, recommendations for the necessity of redress measures to aid the complainant, and disciplinary measures against the respondent when appropriate.

11. 
INFORMING THE COMPLAINANT AND THE RESONDENT
   The HPT Committee Chair shall make written notification without delay to the complainant and the respondent that a final report has been submitted to the Provincial.

B. Sexual Harassment

10. Receiving Consultation about or Reporting of Sexual Harassment
   The HPT Committee will, 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.

11. Dealing with Consultations or Reports Sexual Harassment
  (1) The HPT 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 Consultations or Reports of Sexual Harassment
         The request for consultation or 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.
 
 12. Procedure regarding Consultations or Reports of Sexual Harassment
  (1) When the HPT Committee has received a request for consultation about or a report  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 HPT Committee 
   must cooperate with the inquiry by any member of the HPT Committee appointed by the 
   Committee Representative or anyone else so appointed.
  (3) Except for legitimate reasons, members of the HPT 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 HPT 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.

 

GUIDELINES FOR THE PREVENTION OF SEXUAL HARASSMENT
       
13. 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.
 
14. 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.

15. 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.
  (12) 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.
  (13) 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 
   HPT Committee。

16. 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.
 
17. 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.
 
18. Prevention of Recurring Offenses
      When there is possibility of undesirable aftereffects or recurring offenses, the HPT 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.
 
19. Measures to Prevent Aftereffects and Deal with Offenders
  (1) The HPT 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.
 
 20. Record
   The HPT 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.
 
21. Seminars and Information concerning Harassment
    The HPT Committee is to plan and hold seminars and provide information concerning harassment.
 
22. 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.
 
23. Revision of these Guidelines
     Revision of these Guidelines suggested by the HPT 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
   Revised     June1, 2021
(Original : Japanese)
 
24. REFERENCES

2016  Pontifical Commission for the Protection of Minors Guidelines Template
           教皇庁 未成年者を守るための委員会ガイドラインのひな型
2019 未成年者の保護に関する世界司教協議会会長による会議、ローマ教皇庁 
          Meeting of the Presidents of the Bishops’ Conferences on Safeguarding of Minors 
2019 Vos Estis Lux Mundi, Pope Francis
2020  Vademecum. On Certain Points of Procedure in Treating Cases of Sexual Abuse of Minors 
   Committed by Clerics.  CDF
2021 日本カトリック司教団未成年者と弱い立場におかれている成人の保護のための灰土ライン
カトリック中央協議会http://catholic-cwd.jp/