Tokai National Higher Education and Research System Guidelines for Measures Regarding the Promotion of Elimination of Discrimination on the Grounds of Disability
(Executive Board Decision on April 1, 2020)
Revisions:
THERS Rule No. 175 of December 28, 2020
THERS Rule No. 198 of March 30, 2021
THERS Rule No. 68 of March 31, 2022
THERS Rule No. 10 of June 30, 2022
THERS Rule No. 83 of March 31, 2023
(Purpose)
Article 1: These guidelines aim to prescribe the necessary matters for executives and employees of the Tokai National Higher Education and Research System (hereinafter referred to as "THERS") to engage in countermeasures pursuant to the Basic Policy on Elimination of Discrimination on the Basis of Disability (approved by the Cabinet on February 24, 2015) in accordance with Article 9, Paragraph 1 of the Act for Eliminating Discrimination against Persons with Disabilities (Act No. 65 of 2017, hereinafter referred to as the "Disability Discrimination Elimination Act").
(Basic Policies)
Article 2 (1): In accordance with the Convention on the Rights of Persons with Disabilities (Convention No.1 of 2014), the Basic Act for Persons with Disabilities (Act No.84 of 1970) and the Disability Discrimination Elimination Act, THERS shall direct all executives and employees to engage in the elimination of discrimination on grounds of disability as part of their duties and shall strive to contribute to the realization of an institution at which people with and without disabilities will be able to participate equally in all activities.
(2): Executives and employees shall comply with the Disability Discrimination Elimination Act, these guidelines, and any other matters prescribed by THERS regarding the measures for the promotion of elimination of discrimination on grounds of disability.
(Definitions)
Article 3: In these Guidelines, the terms listed in each of the following items are defined as prescribed in the respective items:
(i) Persons with disabilities: This term refers to all persons who possess physical disabilities, intellectual disabilities, psychological disabilities (including developmental disorders and higher brain dysfunction) or other psychological and physical dysfunctions (including disabilities caused by incurable diseases, hereinafter referred to as "disabilities"), are in a state of experiencing persistent and significant limitations in their everyday life and social life due to their disabilities and social barriers, and are currently participating in education, research, or other related activities within THERS.
(ii) Social barriers: Items, systems, customs, ideas and all other things in society which may act as barriers for persons with disabilities to live their daily or social lives.
(iii) Executives and employees: Executives and employees (including designated and non-permanent employees) belonging to THERS.
(iv) Students: Students who are enrolled in any of the universities established under THERS (hereinafter referred to as the "universities") (including special audit students, flex-access students, audit students, research students, international students, children, regular students, etc.) and persons who wish to enroll in the universities.
(v) Unfair discriminatory treatment: To infringe on the rights and interests of persons with disabilities by, without a justifiable reason, refusing to provide them with opportunities for education, research or all other activities conducted at THERS by reason of disabilities, limiting the time and locations when providing such opportunities, or applying requirements to persons with disabilities that are not applied to persons without disabilities.
(vi) Reasonable accommodation: Necessary and appropriate modifications and adjustments to ensure that persons with disabilities can enjoy or exercise all human rights and fundamental freedoms on the basis of equality with others, which are required in particular cases and do not impose a disproportionate or excessive burden.
(vii) Department: Refers to the following bodies:
(a) The THERS Central Administration and organizations for the promotion of education and research
(b) The Gifu University Library, Organization for Promotion of Higher Education and Student Support, Academic Research & Industry-Academia-Government Collaboration, Organization for Promotion of Glocalization, Information and Communications, Gender Equality Promotion Office, Development Office, Faculties, School, Graduate Schools, Institute for Advanced Study, Institute for Glyco-core Research, Center for Collaborative Study with Community, River Basin Research Center, Health Administration Center, University Hospital, and Affiliated Elementary and Junior High Schools
(c) The Nagoya University Administration Support Organizations, Schools, Graduate Schools, Institute of Liberal Arts and Sciences, Doctoral Education Consortium, Asian Satellite Campuses Institute, Research Institutes, University Hospital, Affiliated Schools, Inter-Departmental Education and Research Centers, etc., Information Technology Center, Research Center of Health, Physical Fitness and Sports, Institute for Advanced Study, Institute for Advanced Research, Institute of Transformative Bio-Molecules, Kobayashi-Maskawa Institute for the Origin of Particles and the Universe, Integrate Research Consortium on Chemical Sciences, Institute of Innovation for Future Society, Global Multi-Campus, and Development Office.
(viii) Director of Department: The heads of departments listed in the preceding item.
(Promotion System for Elimination of Discrimination on Grounds of Disability)
Article 4: In order to promote the elimination of discrimination on grounds of disability, a Chief Management Officer, General Supervisor, University Supervisors, and Supervisors shall be appointed at THERS.
(Chief Management Officer)
Article 5 (1): The Chancellor of THERS shall serve as the Chief Management Officer.
(2): Chief Management Officer shall oversee throughout THERS regarding the promotion of elimination of discrimination on grounds of disability (hereinafter referred to as the "promotion of disability discrimination elimination") at THERS and environmental improvements for that purpose (including the spread of wheelchair access establishment in the institutes, etc., distribution of necessary personnel, environmental maintenance for the improvement of information accessibility, etc.), exercise his/her leadership in order to allow the General Supervisor, University Supervisors, and Supervisors to carry out the promotion of disability discrimination elimination appropriately, and take the ultimate responsibility.
(General Supervisor)
Article 6 (1): A Trustee or Chancellor's Advisor appointed by the Chancellor shall serve as the General Supervisor.
(2): General Supervisor shall assist the Chief Management Officer and take the necessary measures for the establishment of an appropriate consultation support system, the implementation of education and enlightenment for executives and employees, and the promotion of disability discrimination elimination at THERS.
(University Supervisors)
Article 7 (1): A Gifu University Vice President appointed by the Gifu University President and a Nagoya University Vice President appointed by the Nagoya University President shall serve as the University Supervisors.
(2): University Supervisors shall be responsible for the promotion of disability discrimination elimination at respective universities and take necessary measures for the promotion of disability discrimination elimination.
Article 8 (1): The Directors of Departments shall serve as the Supervisors.
(2): Supervisors shall be responsible for the promotion of disability discrimination elimination at respective departments and take necessary measures for the promotion of disability discrimination elimination.
(3): Supervisor Assistants may be appointed at respective departments to assist the Supervisors.
(4): Supervisor Assistants shall be appointed by the Supervisors from among the employees of respective departments.
(Prohibition of Unfair Discriminatory Treatment)
Article 9 (1): Executives and employees shall not infringe upon the rights and interests of persons with disabilities by giving them unfair discriminatory treatment on grounds of disability (hereinafter referred to as "unfair discriminatory treatment") without a justifiable reason when engaging in their office work or business.
In this case, the matters listed in the following items shall not be considered as unfair discriminatory treatment.
(i) Implementing special measures necessary to promote or achieve de facto equality of persons with disabilities.
(ii) Verifying the degree of disability of persons with disabilities, while still respecting their privacy, within the extent necessary to provide reasonable accommodations.
(2): Whether or not a certain behavior qualifies as having a justifiable reason as specified in the preceding paragraph will be comprehensively and objectively determined separately for individual cases in consideration of the specific details of the situation, etc., from the perspective of the rights and interests of persons with disabilities and third parties (refers to the securing of safety, preservation of assets, preservation of the purposes, content, and functions of business, prevention of damage, etc.) and the preservation of the purposes, content, and functions of the educational, research, and any other activities conducted by THERS.
(3): Executives and employees, upon determining that there is a justifiable reason, must provide an explanation of such to persons with disabilities and strive to gain their understanding.
(Provision of Reasonable Accommodations)
Article 10 (1): In light of the fact that limitations of persons with disabilities may be caused not only by their mental and physical dysfunctions but also by being faced with various social barriers, executives and employees shall eliminate these social barriers and adjust the environment.
(2): When conducting office work or business, where persons with disabilities express their actual need for a specific social barrier to be eliminated, executives and employees shall immediately provide reasonable accommodations for the elimination of the social barrier to prevent the infringement of the rights and interests of persons with disabilities, as long as their provision does not cause excessive burdens.
(3): The excessive burdens prescribed in the preceding paragraph shall be comprehensively and objectively determined independently for each case depending on the specific details of the situations, taking into consideration the following factors.
(i) Degree of influence on education, research, and other activities conducted by THERS (whether or not it may damage its purposes, content and functions.):
(ii) Degree of feasibility (physical and technical limitations as well as personnel and systematic limitations)
(iii) Degree of expense and burden
(iv) Size, financial affairs, and financial status of THERS
(4): Executives and employees, upon determining that the implementation of a measure results in an excessive burden, must provide an explanation of such to persons with disabilities and strive to gain their understanding.
(5): When providing reasonable accommodations, factors such as gender, age, and status of the person with disabilities must be taken into consideration.
(6): Executives and employees must strive to review the reasonable accommodations for persons with disabilities on a timely basis in accordance with any changes in the status of the disabilities, environment, etc.
(Responsibilities of Supervisors)
Article 11 (1): The Supervisors, in order to promote the elimination of disability discrimination, must be aware of the following items in ensuring that unfair discriminatory treatment of persons with disabilities does not occur, and provide persons with disabilities with reasonable accommodations.
(i) Supervisors must remind the employees they supervise regarding the elimination of discrimination on grounds of disability through daily instruction, and deepen their awareness of the elimination of discrimination on grounds of disability.
(ii) Supervisors must, in a timely manner, respond to and acknowledge any requests from persons with disabilities for consultations or complaints regarding unfair discriminatory treatment or failure to provide reasonable accommodations.
(iii) Supervisors must guide the employees they supervise to provide the appropriate reasonable accommodations if the necessity for such has been confirmed.
(2): If problems regarding discrimination on grounds of disability occur, the Supervisors shall inform the Chief Management Officer or University Supervisors and handle the situation promptly and appropriately in accordance with their directions.
(3): University Supervisors, upon receiving such request as specified in the preceding paragraph, shall report promptly to the General Supervisor the details, background, and situation of the problem in accordance with the nature of the problem.
(Establishment of a System for Consultation, Adjustment, Decision-Making, etc.)
Article 12 (1): Each department shall accept requests for consultation, etc. (excluding consultations regarding work conditions, other work environment, etc. from employees) from persons with disabilities, their family and other relevant persons concerning unfair discriminatory treatment by executives or employees or reasonable accommodations. At Gifu University, however, such requests shall be accepted at the following points of contact:
(i) Supervisor or Supervisor Assistants of the department concerned
(ii) Supervisor or Supervisor Assistants of the University Hospital
(iii) Health Administration Center
(iv) Special Needs Education Coordinators at the Affiliated Elementary and Junior High Schools
(2): Each department, upon receiving a request as described in the previous paragraph, shall convey the contents of the request to the Nagoya University Disability Services Office. In case where this is not feasible, such request shall be directed to the point of contact deemed appropriate by the Chief Management Officer.
(3): The Nagoya University Disability Services Office shall make necessary arrangements or decisions depending on the contents of consultation, etc. In case where this is not feasible, such arrangements or decisions shall be made by the body deemed appropriate by the Chief Management Officer.
(4): The points of contact at Gifu University, upon receiving any request as specified in Paragraph 1, shall coordinate with departments concerned and determine an appropriate response.
(5): Persons who submitted requests for consultations, etc. may, should they object to the results of the arrangements or decisions described in Paragraph 3 or the responses in the preceding paragraph, submit a request for elimination of disability discrimination to the Committee for the Elimination of Disability Discrimination.
In such cases, the Committee for the Elimination of Disability Discrimination shall conduct mediations, fact-finding investigations, etc. regarding the cases against which complaint handling was requested.
(6): Notwithstanding the provisions from Paragraph 2 to the preceding paragraph, the University Hospitals shall handle consultations, etc. from patients attending the Hospitals and their families.
(7): Necessary matters pertaining to the Committee for the Elimination of Disability Discrimination shall be prescribed separately.
(8): THERS shall strive to improve the system for consultation, adjustment, decision, etc. as needed.
(Education and Awareness Development for Executives and Employees)
Article 13 (1): In order to implement the promotion of disability discrimination elimination, the General Supervisor shall conduct necessary education and awareness development for executives and employees.
(2): The General Supervisor shall provide newly appointed executives and employees with education pertaining to basic matters regarding discrimination on grounds of disability, and provide newly appointed Supervisors with education pertaining to required roles regarding elimination of discrimination on grounds of disability, etc.
(3): The General Supervisor shall enhance the executives and employees' understanding of disabilities as well as develop their awareness by preparing a manual, etc. required for them to deal with persons with disabilities appropriately.
(Advance Improvement Measures)
Article 14: In order to implement the appropriate reasonable accommodations for individual persons with disabilities in each case, THERS shall endeavor to implement the improvement measures in advance (refers to the placement of necessary personnel, as well as environmental maintenance towards improving accessibility such as the promotion of barrier-free and universally designed facilities, equipment, and information).
(Disclosure of information)
Article 15: THERS shall strive to disclose its support policy, consultation system and examples of reasonable accommodations for students, executives and employees with disabilities on the website to the public in order to contribute to efforts to resolve discrimination on grounds of disability.
(Miscellaneous Provisions)
Article 16: Necessary matters concerning the promotion of elimination of discrimination on grounds of disability at THERS other than those stipulated in these Guidelines shall be prescribed separately.
Supplementary Provisions:
(1) These Guidelines shall come into force on April 1, 2020.
(2) THERS shall collect actual examples of unfair discriminatory treatment and reasonable accommodations as well as modify these guidelines at any time, taking into account international trends regarding the promotion of disability discrimination elimination.
Supplementary Provisions (THERS Rule No. 175 of December 28, 2020)
These Rules shall come into effect from January 1, 2021.
Supplementary Provisions (THERS Rule No. 198 of March 30, 2021)
These Rules shall come into effect from April 1, 2021.
Supplementary Provisions (THERS Rule No. 68 of March 31, 2022)
These Rules shall come into effect from April 1, 2022.
Supplementary Provisions (THERS Rule No. 10 of June 30, 2022)
These Rules shall come into effect from July 1, 2022.
Supplementary Provisions (THERS Rule No. 83 of March 31, 2023)
These Rules shall come into effect from April 1, 2023.