Document for Informing and Instructing Teachers
1 About indecent acts, sexual harassment and
other types of harassment
Absolutely unacceptable misconduct such as indecent assault, molestation, peeping photography, and other indecent acts, sexual harassment, etc. by teaching staff inside and outside of school continue to occur. During the period from January to March 2020, orders of disciplinary action by dismissal had been issued every month. It is absolutely unforgivable for public servants, especially teaching staff that come in contact with children and students on a daily basis, to commit such despicable acts. When teachers, who are supposed to protect children (students), use their position to indecently assault or sexually harass children, it injures the hearts and dignity of children. Such actions should be pointed out as a major betrayal of children and guardians and are absolutely unforgivable. These acts have a far reaching impact beyond the school where an offending teacher is employed. They have a large effect on all metropolitan public schools and are major obstructions to school operations, as well as fiercely shake the trust of children, guardians and citizens in school education. The Tokyo Metropolitan Board of Education has long dealt strict punishment to offending teachers through disciplinary actions such as dismissal.
Sexual harassment of coworkers in the workplace causes a loss in trust between teachers, obstructs the execution of job duties, and may even impact the education that children and students receive. It is prohibited (sexual harassment includes sexual harassment of the same sex and harassment regarding gender identity and sexual orientation). Also, behavior that harms the work environment of female teachers that are pregnant or gave birth and such behavior toward teachers using the systems and measures for pregnancy, childbirth, childcare and nursing care are prohibited. Teachers must be fully conscious of these, always respect the feelings of coworkers, and regulate their own behavior.
Teachers must be firmly aware that indecent acts, sexual harassment, etc. are major illegal acts and that they must behave in such a way so as not cause citizens to lose trust in school education. Also, in the case that a teacher commits such acts, civil and criminal liability is heavily questioned. In cases of misconduct, with consideration of the effects on families and as public school teachers, teachers must strictly regulate their daily behavior. Principals and other supervisors must strictly regulate their own behavior to set examples and are expected to make thorough efforts to eradicate as well as take all possible preventative measures against indecent acts, sexual harassment, etc. In addition, principals and other supervisors must, on a daily basis, grasp in detail the behaviors of teachers and students, work to discover as soon as possible signs that lead to misconduct, make students in one’s school aware of the sexual harassment counseling office, and properly maintain a system where students can seek counsel without hesitation. If consultations or complaints from students, teachers, etc. are received, supervisors must act promptly to prevent situations from worsening and handle the situations appropriately and effectively. In addition, recently, an incident of violence, violent language, sexual harassment and other acts between teachers at a public elementary school in another prefecture was widely reported on. This incident between teachers who are supposed to set examples for children is a major issue that can shake the trust in education. The various types of harassment such as power harassment and sexual harassment in the workplace are unforgivable acts against human rights that hurt the dignity and personalities of teachers and should not occur. Each and every teacher should be clearly aware of this and take caution with their own behavior. Also, principals and other supervisors must pay attention to whether or not harassment is occurring, as well endeavor to earnestly and quickly handle any consultations or complaints from teachers and create work environments where it is easy for teachers to seek counsel.
2 About Proper Management of Personal
Information
The Act on the Protection of Personal Information (Act No.57 of 2003) and the Tokyo Ordinance on the Protection of Personal Information (TMG Ordinance No.113 of 1990) stipulate that local public organizations should properly manage personal information in their possession and that personal information must be managed properly based on this law and ordinance. Extreme care must be taken by all teachers so that there is no chance of losing or leaking private information especially at schools where not only are there student grades and student guidance records, there is information on guardians and families, records of former students, and other important personal information of citizens that are collected in large quantities, stored, and used for educational activities.
The Tokyo Metropolitan Board of Education, in order to thoroughly take information security countermeasures, has stipulated cybersecurity countermeasure standards and at each metropolitan school implemented procedures and countermeasures based on this standard, formulated retained personal information security management standards, and made stricter rules on the handling retained personal information. However, despite frequent warnings and trainings, accidents where documents containing students’ private information are lost inside the school due to careless handling, organization and storage; accidents where teachers take personal information outside the school without permission from an administrator or without completing the necessary procedures and lose the information; and other misconduct caused by a lack of self-awareness continue to occur.
Beginning with the retained personal information security management standards established by their schools, teachers must understand the related rules, duly observe them, and regarding all personal information that they handle in their daily work, be conscious of the severity. Teachers must realize once again that even if it is just one page of information, they must pay extreme caution when handling it. Additionally, specific personal information (personal information containing people’s individual numbers [My Number]) necessitate even stricter handling than other personal information.
Regarding the handling of documents that contain personal information, principals and other supervisors must instruct teachers to store them under lock and key, inspect them daily, and manage them carefully, as well as properly implement each school’s retained personal information security management standards and make sure teachers securely manage retained information based on the Tokyo Metropolitan Board of Education Document Management Rule (Tokyo Metropolitan Board of Education Rule No. 64 of 1999), Tokyo Metropolitan Government Protection of Personal Information related ordinances, the Tokyo Metropolitan Government Ordinance on Protection of Specific Personal Information (TMG Ordinance No. 141 of 2015), Tokyo Metropolitan Board of Education Outline of Affairs Handling of Personal Information, etc. Also, when teachers receive permission to take information out of the school, measures such as using a bag that can be locked or shipping container, always carrying the information on one’s person, and keeping one’s route as short as possible must be implemented.
Additionally, when distributing documents containing personal information to students and guardians and providing information retained by the school to outsiders such as through certificates, the recipient’s name and address, the content of the documents, must be systematically and fully compared, inspected and confirmed, and the necessary measures set forth by management regulations must be taken. Furthermore, even when verbally sharing information, the information should be handled in a similarly careful and appropriate manner. Also, personal information may be leaked when information belonging to a student or guardian is unnecessarily told to other students or guardians and when conversing in a public space about a specific student or guardian. In the case of a loss, leak, and other improper handling of personal information, it must be understood that disciplinary action higher than a reprimand will be imposed.
3 About Proper Usage of Personal Computers
and Social Media
Using a PC connected to the internet to exchange personal emails, post blogs, view indecent images, etc. while at school are considered acts that cause loss of credibility, and if they occur during work hours they are considered misconduct and it will be questioned whether a violation of the teachers’ obligation to dedicate themselves to their job duties was made.
Tokyo Advanced Information Management System (TAIMS) PCs are distributed to teachers at metropolitan schools, however, when using TAIMS PCs teachers must strictly follow the Tokyo Advanced Information Management System Operation Outline as well as the Operation Guideline and appropriately use the TAIMS PCs.
Taking into account that the usage of PCs at school should be promoted from the perspective of achieving educational objectives, optimizing administrative processes, etc., enough attention must be paid to proper usage and prevention of misconduct.
In addition, social media sites such as Twitter, Facebook, and Instagram, as well as applications such as LINE and TikTok are new means characterized by the ease and familiarity by which new information can be shared and exchanged, however, they also bring new risks for misconduct and obstruction of school operations such as inadvertent sharing of personal information and work-related information where an unspecified large number of people can view it and carelessly sharing behavior that is inappropriate as a teacher and thus inviting criticism from guardians and citizens.
The Tokyo Metropolitan Board of Education, as a measure against these kinds of risks, has established the Tokyo Metropolitan Board of Education Social Media Policy in order to use social media as a medium for publicity in a valid and appropriate manner, as well as regarding teachers’ private usage of social media established an action guideline concerning social media usage as a specific guideline to prevent trouble before it occurs. Furthermore, in recent years there have been many cases of social media, specifically social networking services (SNS), being used as a method and context for exchanging messages related to such severe misconduct as indecent acts against and sexual harassment of children. In order to prevent such misconduct, it is extremely important for teachers to adhere to a principle of not to use social networking services to connect with children and students.
4 About Physical Punishment, Inappropriate
Instruction, Violent Language, Etc.
Physical punishment is both an illegal act clearly prohibited by the School Education Act (Act No. 26 of 1947) Article 11 and undoubtedly an act of violence. Carrying out physical punishment based on emotional impulse or in the name of educational instruction teaches students that violence is acceptable and also leads students to be distrustful of people. Even in cases that are a struggle to deal with where students do not listen to directions after repeated verbal instruction or do not act in accordance with the surrounding situation, if a teacher acts on emotional impulse it only exposes their own immaturity. Also, using violence and threatening behavior to control students shows that an awareness of respect for students’ human rights is lacking. It is necessary to always confirm the importance of students’ human rights and make daily efforts to improve teachers’ expertise and teaching skills.
In addition, regarding athletic clubs, acts for the sole purpose of discipline such as running for a long time or kneeling that inflict physical pain are considered physical punishment and are unforgivable. Misconduct related to physical punishment does not only cause citizens to lose trust in the offending teacher but also school education itself and absolutely must not occur.
The Tokyo Metropolitan Board of Education, in order to wipe out physical punishment in all Tokyo public schools, established the Comprehensive Measures for the Extermination of Physical Punishment in January 2014, and together with schools and municipal boards of education has strengthened efforts to exterminate physical punishment. In order to wipe out physical punishment, it is important for schools to respond systematically and reform the awareness of all teachers. As such, efforts such as carrying out in school trainings during the Physical Punishment Prevention Month are being promoted at each school.
However, the results of a 2018 survey of teachers and students at Tokyo public schools by the Tokyo Metropolitan Board of Education showed that physical punishment has yet to be wiped out and there continue to be cases of physical punishment related misconduct resulting in disciplinary action.
Teachers absolutely must not use physical punishment as well as inappropriate instruction, instruction that goes too far, violent language, etc. Also, teachers should know that if they use physical punishment, not only will they be subject to disciplinary action, but also their civil and criminal liability may be questioned.
When a teacher has used physical punishment the Tokyo Metropolitan Board of Education generally administers disciplinary action higher than a reprimand. Especially in cases where physical punishment was used regularly, cases where mode of physical punishment was viscous or dangerous, cases where the physical punishment causes physical injury, etc., the Tokyo Metropolitan Board of Education administers strict punishment including dismissal. It is necessary to fully understand that such serious responsibility toward conduct is demanded.
5 About Prevention of Traffic Accidents
Although there are traffic safety measures underway, such as revisions to the Road Traffic Act enacted from December 1, 2019, including accidents that occur outside of commuting, traffic accidents caused by teachers’ private vehicles (including motorcycles and motorized bikes) regrettably continue to occur. Including accidents where the safety of the surroundings at intersection and parking lots was not fully checked and accidents caused by bicycles, many traffic accidents are caused by small lapses in attention. In order to prevent accidents, it is important that each and every teacher regularly obeys traffic rules, maintains traffic manners, and works to manage safety and observe traffic laws.
Especially drunk driving is an extremely serious violation of laws and rash decisions risk taking the precious lives of other people. Also, in the case that you do cause a traffic accident, neglecting to aid the injured is a serious illegal act that as a public employee must not occur. From this, in cases where accident resulting in injury or death due to driving under the influence of alcohol, and in other such accidents including those not caused by drunk driving where the teacher flees the scene, the Tokyo Metropolitan Board of Education has determined that the standard punishment is dismissal.
Teachers should possess awareness as public employees in education and local public servants, as well as strive to prevent traffic accidents. Furthermore, when a teacher uses a bicycle for work or to commute, they must likewise strive to prevent traffic accidents.
6 About Proper Commuting
Commuting using a teacher’s own private vehicle is, in general, prohibited by rule number 3 of the “Outline of Handling Regarding Teachers Working at Metropolitan Schools and Commuting by Private Vehicle”. It is, in principle, prohibited. However, cases of misconduct where teachers commute use their private vehicle while the commuting route they submitted shows they use public transportation and receive excessive commuting allowance and travel expenses are increasing. If you use a different commuting method and route than what you submitted, and inappropriately receive commuting allowance money, you violate “the obligation to obey both the law and job duties related orders of supervisors” and “the prohibition of acts that cause a loss in trust” and thus are subject to disciplinary action. Also, you must return the entire sum of money, the amount approved as the amount received inappropriately, that was profiteered.
Recently, we can see cases where due to improper commuting over a long period of time an individual received a sizable amount of commuting expense allowance money, cases where regardless of being subject to disciplinary action in the past an individual takes a workplace transfer as an opportunity to once again begin commuting improperly, and other cases of dishonesty.
In order to prevent accidents before then can occur, teachers must complete the proper procedures based on the stipulations of the Outline of Handling mentioned above, especially if commuting via a private vehicle, and teachers that transferred or were hired at the start of the fiscal year must submit the proper commuting route and other information to their new school. Be sure that the commuting information submitted does not differ from your actual commute, such as due to changing commuting routes.
The Tokyo Metropolitan Board of Education still receives complaints and reports from citizens about teachers commuting using private vehicles. Citizens pay strict attention to teachers’ behavior. Citizens must not be made to doubt whether teachers are commuting in an improper or questionable way. The regulation on commuting allowance payment (Board of Education Instructions No. 7 of August 12, 1958) Article 5 stipulates that “The principal can, when deemed necessary, require that the commuter ticket (including other equivalent items) be shown or investigate the commuting situation.”
Furthermore, due to revisions to the “Tokyo Metropolitan Government Ordinance on the Promotion of Safe and Proper Bicycle Usage” (TMG Ordinance No. 14 of 2013), beginning from April 1, 2020, it is necessary to confirm whether employees commuting via bicycle have subscribed to Insurance for Liability for Damages for Bicycle Accidents or other insurance related to using a bicycle to commute.
7 About Proper Management of Job Duties
Complaints and reports regarding teachers’ work from citizens continue to be received. As public servants, it is your due duty to dedicate yourself to your work during your work hours, and you must not invite doubt from citizens. Each and every teacher must be aware of their position and be diligent in their work.
In addition, teachers should strictly manage the following themselves.
(1) About work hours
Teachers’ work hours are stipulated by the Ordinance on School Staff Work Hours, Holidays, Vacation, Etc. (TMG Ordinance No. 45 of 1995), however, we still see improper handling such as changing yearly paid leave or weekly holidays.
Teachers must be aware that proper management of work hours is a basic conduct requirement, observe relevant regulations, and keep in mind that they have the obligation to commit themselves to their job duties during work hours.
(2) About handling absences
Late arrival, leaving early, absences without notice, and absence for personal reasons (hereinafter referred to as “absences”) cannot be overlooked due to conduct rules, and despite such acts causing a loss in trust that guardians and citizens have in teachers and schools, misconduct related to absences continue to occur.
Teachers must be fully aware that they must not be absent.
Based on the fact that absences are serious misconduct, the Tokyo Metropolitan Board of Education strictly handles absences, especially absences without notice, by giving a reprimand per day of absence. Teachers should know the status of their yearly paid leave and be sure not to be absent.
Furthermore, employees for the fiscal year also must not be absent.
(3) About managing work during school vacations
Even during school vacations, teachers of course have the obligation to dedicate themselves to their work, however, it is required by law that teachers effectively hold in-school trainings and work to improve themselves in order to further improve the quality of their job related expertise. Teachers must be fully aware of this and always act appropriately.
Regarding work during and school vacations, teachers must not invite the misunderstanding or doubt from citizens and guardians.
8 About Prevention of Accounting Accidents
Cases of misconduct such embezzlement and loss of public and private money due to accounting at schools as continue to occur causing serious loss of trust from students, guardians and citizens in school education. Also, misconduct where accounting accidents occur due to teachers’ lack knowledge and understanding, not paying enough attention, neglecting their job duties, etc. continue to occur and cause damage to students and guardians.
Teachers in charge of accounting must always handle things appropriately based on accounting related regulations, notices, etc.
When implementing a public expenses budget, orders should be based on thorough advance decision-making and the performance inspection (e.g. checking of actual goods and comparing the actual purchased goods to the receipt) should be completed timely and appropriately based performance confirmation related regulations. Implementing the same measures for private expenses accounting is also effective at preventing accidents before they can occur. Cash especially required full caution when handled regardless whether it is public or private expenses and must be stored securely. The incoming and outgoing of cash as well as its storage must be checked by multiple teachers, and documents related to receipts, cash accounting books, bankbooks, etc. must be organized and written timely and properly. Also, inappropriate management of cash such as leaving a cash filled envelope on a desk, storing it in a cabinet that cannot be locked, and leaving it in a safe that can be opened and closed by any teacher must not occur.
9 About Contact with Stakeholders
Teachers have many chances to come in contact with stakeholders in their work, such as goods purchasing contractors, travel agents for school trips, textbook publishers and other suppliers of teaching materials. It goes without saying that a public employee receiving rebates, coupons and other gifts and entertainment on the purchase of goods and construction contracts is a crime and unforgivable.
In addition, as public servants working at public schools, teachers should be motivated by the pressure to work for their students every day and absolutely must not be suspicious of illegal acts such as improper execution of business, corruption, etc. such as leaking contract information. When coming in contact with contractors, it is necessary for multiple teachers keep record in school of the content of meetings. Also, when requests and opinions relating to work are received from stakeholders, the content must be quickly reported to superiors and instructions received. Especially when you are probed by contractors to find out the estimated cost, lowest cost, and other strictly managed information, do not respond and quickly report it to your superiors. After doing this, you must respond appropriately.
Supervisors such as principals must instill this in teachers, check meeting records, have a constant grasp of situations where there is contact between teachers and stakeholders, and create a workplace where teachers can easily report and consult. Also, stakeholders should not enter an office without good reason, an open space where teachers and stakeholders can discuss should be secured, and other efforts to prepare the work environment must be made.
In addition, teachers must understand the observe relevant regulations such as the notice 28 Kyoushikan No. 898 dated October 31, 2017 on securing fairness when selecting textbooks, the “Guideline for Contact with Stakeholders” post revision 28 Kyoujinshoku No. 3022 dated the same date, and the “Guideline for Creating Textbooks and Teaching Materials” post revision 28 Kyousousou No. 1303 also dated the same date.
If teachers engage in a side business or job, regardless of whether it is paid or not, they must follow the appropriate procedures according to the Rules for Handling Affairs Regarding Side Jobs of School Staff and Public Servants in Education (TMG Instruction No. 7 of 1988). Especially, regarding work related to developing textbooks, the above “Guideline for Creating Textbooks and Teaching Materials” stipulates that teachers, without permission based on these rules, must not gain profit for writing textbooks or teacher manuals and creating teaching materials.
When teachers engage in side businesses or jobs, they must apply for and receive permission in advance. Teachers must fully understand that even if the side job is outside of work hours, a side job that risks a loss of trust in them as public servants in education, they will not be given permission. Also, based on the stipulations of the Special Regulations Concerning Education Public Service Personnel Act (Act No. 1 of 1949), teachers must be fully aware that while teachers are permitted to work education related side jobs they are closely scrutinized by citizens, and they should also be fully aware of the side business and side job system for teachers.
10 About Prevention of Alcohol Related
Misconduct
Not to mention drunken driving, sexual harassment caused by looseness due to drinking, violent actions, molestation, peeping photography and other indecent acts, theft such as taking and using some else’s bicycle, and losing documents taken out from the school that contain private information of students or others - every year many cases of misconduct related to drinking occur. It goes without saying that these kinds of actions should be an embarrassment for teachers who are in a position to teach students about observing laws. The one careless action after drinking of the teacher that caused the accident can cause the achievements and trust that the teacher has built up so far, even their job, to be lost. Such actions invite extremely serious consequences and absolutely must not occur. When executing their job duties, teachers must follow the law, exert all their effort to do so, and always act with the awareness that both in and out of official business it is possible for them to have a major impact on the trust in school education as a whole.
11 About Compliance with Superiors’ Work
Related Orders and Laws and Regulations
Every teacher is a public servant involved in public education and in the execution of their job duties must always observe the law and faithfully follow the job duties related orders of their superiors, as is stipulated by Article 32 of the Local Public Service Act.
In order to properly implement educational curriculum, principals give job duties related orders to teachers at ceremonial events such as entrance ceremonies and graduation ceremonies. If teachers do not follow these orders it is a violation of conduct regulations and not only becomes a major obstruction of school operations, it also significantly damages the trust that citizens have in public education. Teachers must be deeply aware of their obligations and faithfully observe both the job duties related orders of supervisors and the law.