HONPA HONGWANJI MISSION
SEXUAL HARASSMENT POLICY
This document is a draft of the Honpa Hongwanji Mission of Hawaii
Sexual Harassment Policy and procedure and will serve as the policy in
place until the Final Policy is adopted. Please
read and contact us with any suggestions. (new revision:
The Honpa Hongwanji Mission of Hawaii (hereinafter "the KYODAN") is
a religious organization which seeks to guide all of its members to hear
the Nembutsu and to make the Buddhadharma available to all persons. In
order for the KYODAN to fulfill its goals and purposes, its members must
all be able to enjoy an atmosphere of mutual respect, trust and personal
security within the KYODAN and during all KYODAN sponsored activities.
The KYODAN recognizes that any form of sexual intimidation or exploitation
of, by, or among members of the KYODAN constitutes a particularly invidious
violation of that essential respect, trust and security. In order to preclude
harm to its members or obstruction to its goals, the KYODAN and all KYODAN-sponsored
activities must be free of sexual harassment and all other forms of intimidation
Therefore, the KYODAN voluntarily adopts the following sexual harassment
policy and complaint procedure.
Return to Top
A. It is the policy of the KYODAN to provide employment and education
environments, as well as environments in all KYODAN-sponsored activities
which are free of unwelcome sexual advances, requests for sexual favors
and other verbal or physical conduct or communications constituting sexual
harassment as defined below.
B. The KYODAN will take all reasonable steps to prevent and/or remedy
any acts of sexual harassment committed by any member of KYODAN listed
below. Any such person who is found to have engaged in such misconduct
will be subject to appropriate sanctions.
C. The Kyodan and all Branch Temples will conduct annual orientation
and/or review sessions on this policy for members.
D. New hires will be given orientation on this policy within thirty
days of employment.
Return to Top
A. Members of KYODAN who are covered by this policy shall include all
of the following persons.
B. All faculty members (full-time, part-time, permanent or adjunct), all
students and employees of the Buddhist Study Center.
All ministers of the Kyodan (full-time, part-time, active or retired).
All employees of the KYODAN.
All officers of the KYODAN, and committee members, including all exofficio
or honorary members.
All officers and members of Branch Temples.
Employees and agents of all temple sponsored schools and programs including,
but not limited to Fujinkai, Jr. YBA, Dharma School, child care programs,
language schools, martial arts, scouts and athletic programs.
C. KYODAN-sponsored activity shall include:
All employment relationships at the KYODAN Headquarters and Buddhist Study
All activities at the Buddhist Study Center.
All activities performed by any member of the KYODAN who is listed in Section
II A in the course of his/her employment, educational or administrative
functions within the KYODAN.
D. Sexual harassment shall be defined as unwelcome sexual advances,
requests for sexual favors and other verbal or physical conduct of a sexual
Return to Top
are made either explicitly or implicitly a term or condition of an individual's
education status or employment or
are used as basis for education or employment decisions affecting such
have the purpose or the effect of unreasonably interfering with an individual's
educational or work-performance or which creates an intimidating, hostile
or offensive educational or work environment.
Specific Examples (Copyright permission from California Chamber of Commerce
granted 6/1/93.to BCA) (Permission granted from BCA 3/95).
For the purpose of clarification, examples
of sexual harassment include, but are not limited to:
Return to Top
Name-calling, belittling, sexually explicit or degrading epithets, derogatory
words to describe an individual; sexually explicit jokes, comments or slurs;
comments about an individual's anatomy and/or dress; sexually oriented
noises or remarks; questions about an individual's sexual practices; use
of patronizing terms or remarks; verbal abuse, graphic verbal commentaries
about the body.
Touching, pinching, patting, grabbing; brushing against, or any physical
assault, or movement that involves a sexual component; blocking impeding
or poking another individual's body; hazing or initiation, requiring an
individual to wear sexually suggestive clothing; interference with normal
work or movement, when directed at a person.
Visual forms of harassment:
Displaying sexual pictures, posters, cartoons, writings or objects,
obscene derogatory letters or invitations, staring or leering at an individual's
anatomy, sexually oriented gestures, mooning, unwanted drawings, love letters
Continued unwanted requests for dates or sexual advances; any threat
of demotion, conditions of employment etc, or termination, if requested
sexual favors are not given; propositioning an individual of sexual favors,
making or threatening reprisals after a negative response.
This policy will be disseminated to all KYODAN employees and members
of the KYODAN and its existence will be announced throughout all temples,
BSC and affiliated organizations. All KYODAN employees and members of the
KYODAN are responsible for knowing of its existence and substance, and
of their responsibility for its implementation. It is the responsibility
of the KYODAN to take all reasonable steps to provide training to all ministers,
employees of the KYODAN and BSC (Buddhist Study Center.)and KYODAN leaders.
Return to Top
IV . INDIVIDUALS COVERED UNDER THIS POLICY.
A. This policy covers all members of the KYODAN listed in Section II
V. COMPLAINT PROCEDURES
B. All District organizations and local temples are strongly encouraged
to adopt policy and procedures to prevent sexual harassment.
KYODAN encourages reporting of all incidents of sexual harassment,
regardless of who the offender may be or the offender's relationship to
The KYODAN will take immediate and appropriate action when it knows
that sexual harassment has been committed by any member of the KYODAN listed
in Section II A. Effective action will be taken to stop any further harassment
and to ameliorate any effects of the harassment.
A sexual harassment complaint procedure will be established by the KYODAN
and disseminated to all members of the KYODAN. The complaint procedure
will include provisions to
inform the complainant fully of his/her rights under the procedure;
prompt and effective remedial action, should sexual harassment be proven.
VII. ADDITIONAL INFORMATION
Sanctions will be taken against any member of the KYODAN listed in Section
II A who engages in sexual harassment.
Nothing in this policy shall be construed as replacing or limiting the
rights and obligation of KYODAN ministers as set forth in the Bylaws of
the Jodo Shinshu Hongwanji-ha.
Nothing in this policy shall prevent any person from seeking any remedy
which he/she may otherwise be entitled under the law.
HARASSMENT COMPLAINT PROCEDURES
Return to Top
I. The KYODAN sexual harassment complainant procedure allows for
resolution prior to filing a written complaint.
II. COMPONENTS OF A SEXUAL HARASSMENT
KYODAN is committed to ensuring that all members of KYODAN are not adversely
affected for having brought forward a sexual harassment complaint. All
participants in these procedures shall be protected from retaliatory acts
by KYODAN and its members. If retaliation or reprisal does occur sanctions
shall be imposed by KYODAN.
The privacy of both the complainant and respondent will be strictly protected
by the KYODAN.
Sexual harassment is a matter requiring prompt attention by the KYODAN
because failure to act may cause damage to the complainant and to the respondent.
Since the KYODAN recognizes the sensitive nature of such situations, each
step in the complaint procedure must be conducted with discretion. It is
the intent of this procedure to result in prompt recourse and to ensure
fairness and equity to both the individual alleging sexual harassment and
to the person accused of such behavior.
In an effort to safeguard individual privacy, information relating to sexual
harassment complaints shall be given only to those individuals who have
a legitimate need to know the information to facilitate this procedure.
Nothing in this procedure shall affect the right the complainant may
or may not have to pursue his/her complaint according to law. The filing
of a complaint pursuant to this procedure may not constitute the time filing
of a legal action in accordance with any applicable statutes of limitation.
Return to Top
III. PURPOSE OF COMPLAINT PROCEDURE
The purpose of the complaint procedure is to ensure that the rights
of all individuals are protected through due process.
IV. DEFINITION OF TERMS
A complaint is initiated by a member of the KYODAN Sexual Harassment
Panel on behalf of Kyodan.
A complaint is an oral or written complaint of sexual harassment
submitted by a member of KYODAN to the Sexual Harassment Panel.
A complainant is a person who brings forward a complaint of alleged
A respondent is a person against whom a claim of sexual harassment
has been made.
The KYODAN Sexual Harassment Panel mediates and conciliates
sexual harassment complaints.
The KYODAN Sexual Harassment Panel shall consist of appropriate individuals
who are designated by the President and Bishop of the Kyodan to receive
and process all complaints under this procedure. The panel members shall
be selected on the basis of their expertise in human resources and legal
issues concerning sexual harassment and shall include male and female members
and minister and lay members. The Panel shall serve for a term of two years.
V. TIMELINE FOR REPORTING A COMPLAINT
KYODAN encourages prompt reporting of complaints so that rapid response
and appropriate action may be taken. This procedure not only aids the complainant
and respondent, but also helps to maintain an environment free from discrimination.
VI. FUNCTION OF THE KYODAN SEXUAL HARASSMENT PANEL
A. The Kyodan Sexual Harassment
Panel has three main functions:
. Return to Top
To help educate KYODAN community about sexual harassment.
To assist in the informal resolution of complaints of sexual harassment
brought by a member of KYODAN.
To mediate and conciliate complaints of sexual harassment brought against
a member of KYODAN. Upon conclusion of each intervention the Panel member
will report the outcome of the mediation and advise the KYODAN President
and the Bishop of the KYODAN of the finding
B. MAINTAINING A WRITTEN RECORD OF THE COMPLAINT
KYODAN will maintain a complete written record of each complaint, the investigation
and the resolution.
Written record shall be maintained in a confidential manner at the KYODAN
Headquarters. These files shall be maintained for a period of five years
from the date of resolution unless circumstances dictate that the files
should be kept for a longer time.
If any member of KYODAN is found to have engaged in sexual harassment,
a summary letter including the sanctions shall be placed in the member's
personnel file if applicable.
A. While KYODAN encourages individuals who believe they have been harassed
to notify the offender that the behavior is unwelcome, KYODAN recognizes
that power and status dispath between an alleged harasser and a target
may make such action impossible. In the event that such informal, direct
communication between individuals is either ineffective or impossible,
the following steps may be followed in reporting a sexual harassment complaint.
B. A member of KYODAN who believes that sexual harassment has occurred
should file a complaint using under one of the following options.
1. Option 1. The complainant may seek informal resolution by
addressing the complaint to:
The person receiving the complaint must maintain a record of the contact
under the direction of a member of the Kyodan Sexual Harrasment Panel and
keep the Kyodan Sexual Harassment Panel, the KYODAN President and the Bishop
of the KYODAN informed.
the respondent's supervisor when the respondent is employee of the KYODAN
Headquarters or BSC or KYODAN temple;
the chairperson of the District Ministers Association when the respondent
is a minister;
or the president of the temple in which the respondent is a member.
2. Option 2. The complainant may seek informal resolution by
addressing the complaint to a member of the Kyodan Sexual Harassment Panel.
The Kyodan Sexual Harassment Panel member contacted by a person alleging
sexual harassment will provide the complainant with a copy of the Sexual
Harassment Policy and Procedures under both options.. The Panel member
will establish and maintain a record of the contact and keep the KYODAN
President and the Bishop of the KYODAN informed.
At any time during the process, the complainant and the respondent may
have someone of their choice present.
Return to Top
D. RESOLUTION OF COMPLAINTS
1. A complainant may pursue a complaint using options 1 and 2 above.
a. If the complainant is unwilling to be identified to the respondent
and wishes to attempt informal resolution with the respondent, a member
of the Kyodan Sexual Harassment Panel or the responsible officer will provide
information to the complainant regarding alternative methods of resolution.
The Panel member will put the findings in writing and forward them to the
KYODAN President and to the Bishop if the incident involves a minister.
2. When sexual harassment is reported to have occurred in a group situation
or complaints are received from different complaints that one individual
has engaged in sexual harassment, the respondent shall be informed of the
incidents without the identity of the complainants being revealed as individuals.
b. Within 20 working days of receipt of a complaint, the
member of the Kyodan Sexual Harassment Panel shall inform the respondent
of the complaint and advise the respondent of his or her rights and responsibilities.
c. If the complainant is willing to be identified to the respondent
and wishes to attempt an informal resolution with the respondent, the responsible
officer and a member of the Kyodan Sexual Harassment will mediate the complaint.
The mediator will establish and maintain a record of the intervention.
d. Within 20 working days of receipt of a complaint, the Kyodan
Sexual Harassment Panel member and the responsible officer shall inform
the respondent of the complaint and provide the respondent the opportunity
to resolve the complaint through the informal process.
Return to Top
OF THE COMPLAINT PROCEDURE
Return to Top
When the complaint is resolved, the mediator will put the findings in writing
and forward them to the KYODAN President and the Bishop of the KYODAN.
The complainant and the respondent will receive copies of the findings.
When the complainant is dissatisfied with the outcome of the mediation,
the complainant will be advised, within 20 working days, of the process
for filing A written complaint to initiate the formal investigation process.
If a written complaint is not filed, KYODAN is still legally obligated
to investigate the allegation.
When, during mediation between the parties, it becomes clear to the mediator
that an informal resolution cannot be reached, the mediator will convey
that determination to the parties and KYODAN will initiate the formal investigation
F. FORMAL INVESTIGATION
Complaints shall be referred in writing to the Kyodan Sexual Harassment
Panel for Formal Investigation. A three-member subcommittee of the Panel
will commence an impartial fact finding investigation of the complaint
and notify the complainant, the respondent, the KYODAN President and the
Bishop of the KYODAN if a minister is involved.
At any time during the investigation, the Kyodan Sexual Harassment Panel
may report the complaint to the proper authorities, provided that the complainant
is informed prior to such reporting.
During the investigation, a Panel member will keep the complainant and
the respondent informed as to the status of the investigation.
Nothing in these procedures is intended to limit the discretion of the
Panel member to investigate relevant facts which are not specified in the
written complaint. Where it is appropriate, the scope of the investigation
may be broadened.
The Panel members will develop a plan and timeline for the investigation
and will communicate the plan to the complainant and respondent. Either
of the parties may comment on the plan and request the Panel members to
consider modification to the plan.
An investigation plan will be developed for each individual complaint.
Steps to be taken during the investigation may include but are not limited
to the following.
Confirm the name and status of the complainant.
Confirm the name and status of the respondent.
Explain to both the complainant and respondent their rights and responsibilities
during the process. This should be done both verbally and in writing
During the interview with respondent, advise the respondent of the consequence
of retaliation against the complainant for making a complaint of sexual
harassment or interfering with the investigation.
During the interview with complainant, explain to the complainant that
any act of retaliation by the respondent should be reported to any Panel
Inform complainant and respondent that during the complaint process, any
further harassing behavior may also be considered in the investigation
Therefore, they should be advised to keep all contacts at a minimum.
Advise each individual interviewed of the responsibility to tell the truth,
and that the penalties for submitting false information are serious. Also
advise the individual how the information obtained during the interview
will be used.
Determine the frequency/type of alleged harassment, the dates, and locations
where alleged harassment occurred and all other necessary facts.
Determine if there were witnesses who observed the alleged harassment.
Interview the witnesses.
Identify how the complainant responded to the alleged harassment.
Develop a thorough understanding of the professional relationship, degree
of control and amount of interaction between the respondent and the complainant
Does the respondent control compensation, terms of employment or promotion,
grades? Do these individuals work in close proximity to one another and/or
on the same projects?)
Determine whether the respondent has threatened or made promises to the
complaint or carried out any threats or promises directed at the complainant.
Identify if the complainant knows or suspects that there are other individuals
who have been harassed by the respondent. Interview those identified
Identify whether the complainant informed others of the situation. Who?
When? What? What response, if any, did the complainant received from these
Ask the complainant what remedy he/she would recommend as an outcome of
Provide the respondent the opportunity to review and to respond to the
allegations both orally and in writing. Consider the statements made by
the respondent and investigate all information that may ameliorate the
Ask the respondent to identity those individuals or witnesses that may
have knowledge of the alleged situation. Interview those individuals.
Analyze the information provided during the investigation and determine
whether the findings fall within the parameters of sexual harassment.
Determine if a pattern of sexual harassment exists.
Meet separately with the respondent and complainant to review the finding
contained within a summary report. Provide the respondent the opportunity
to address the report in writing.
Based on the responses to the summary report, complete the investigation
and submit the final report to the KYODAN President and the Bishop of the
KYODAN. When the respondent is the KYODAN President and/or theBishop, the
final report will be given to the KYODAN Executive Board.
Return to Top
G. RESULT OF THE INVESTIGATION
1. The results of the investigation shall be communicated to the KYODAN
President and the Bishop of the KYODAN.
a. The results of the investigation shall be set forth in a written
report which shall include at least all of the following:
b. Within forty (40) working days of receiving a complaint, the
Kyodan Sexual Harassment Panel member shall complete the investigation
and forward the following to the complainant and the respondent;
a description of the circumstances giving rise to the complaint;
a summary of the testimony provided by each witness including the complainant
and any witnesses identified by the complainant he complaint;
an analysis of any relevant data or other evidence collected during the
course of the investigation;
a specific finding as to whether sexual harassment did or did not occur
with respect to each allegation in the complaint;
any other information deemed appropriate by the Kyodan Sexual Harassment
H. RECOMMENDED SANCTIONS
A copy or summary of the investigative report
a written notice setting forth:
the determination of KYODAN President andthe Bishop of the KYODAN as to
whether sexual harassment did or did not occur with respect to each allegation
in the complaint;
a description of actions taken, if any, to prevent similar problems from
occurring in the future;
the proposed resolution of the complaint;
the complainant's right to appeal.
If the complainant or the respondent is not satisfied with the administrative
decision she/he has thirty (30) working days in which to file a written
appeal with the Kyodan Executive Board.
Both the complainant and the respondent has a right to appeal the administrative
Within thirty (30) working days of receiving the appeal from the
complainant or the respondent, the Kyodan Executive Board shall review
the original complaint, the investigative report, the administrative determination
and the appeal and issue a final decision. A copy of the final decision
rendered by the Kyodan Executive Board shall be forwarded to the complainant
Return to Top
a. In the case of an employee or minister:
The purpose of any recommended sanction is to resolve a complaint and to
correct or to remedy the injury, if any, to the complainant and to prevent
Appropriate sanctions will be determined by the severity of the respondent's
behavior which has been found to constitute sexual harassment. Any discipline
imposed by the KYODAN must accord with all applicable laws. Appropriate
sanctions may include:
Verbal or written reprimand, written record in the respondent's personnel
file, referral to counseling, withholding of a promotion, reassignment,
temporary suspension without pay or termination. However, in the case of
a minister no sanction imposed pursuant to this procedure shall replace
or limit that minister's rights and obligation as set forth in the Bylaws
of the Jodo Shinshu Hongwanji-ha.
b. In the case of any other member of the KYODAN as specified
in Section II A of the Policy:
Verbal or written reprimand, referral to counseling and removal from KYODAN.
The sanctions imposed by this procedure shall be administered by:
The complainant and respondent shall be informed of further developments
including compliance or non-compliance of the sanctions or any appeals
through these procedures or through any public agency or court of law.
The KYODAN President, in the case of any member, KYODAN officer or committee
The Bishop of the KYODAN, in the case of any minister
The Bishop of the KYODAN, in the case of any employee of the KYODAN or
the Buddhist Study Center.
The Executive Board in the case of KYODAN President or the Bishop
The person or body administering the sanctions shall be responsible for
insuring that the respondent is in compliance with the sanctions.
Return to Top
The Hawaii Kyodan has developed this policy and these procedures to
ensure that all individuals within the KYODAN work and learn in an environment
free from sexual harassment.
The KYODAN will make every effort to ensure that all members of the
KYODAN are familiar with the policy and know that any complaint received
will be thoroughly investigated and properly resolved.
All District organizations and local temples are strongly encouraged
to adopt a policy and some procedures to prevent sexual harassment and
to ensure that all individuals at the district and temple levels work and
learn in an environment free from sexual harassment.
Return to Top
Note: Please direct all comments and suggestions on this document to the
Hawaii Kyodan Salary and Personnel Committee at Honpa Hongwanji Mission
of Hawaii, 1727 Pali Highway, Honolulu, HI 96813, or email firstname.lastname@example.org