 Shoji Sugita |
Shoji Sugita I have been a principal of public and private senior high schools and also was a staff of a school board for some years. I was given the Award by the Minister of Education some years ago. By the way, I was trained as a soldier at the end of World War 2. |
ⅠRules on discipline and corporal punishment in Japan
1 The school Educational Law Article 11:
If neccesary, principals and teachers are allowed to carry out the disciplinary of students under
the regulations of the government. However corporal punishment shall not be allowed.
2 The regulation of The School Educational Law Article 13:
Whenever principals and teachers carry out the disciplinary of students ,they should take into
consideration such as age and maturity.
3 Guidelines ruled by The Ministry of Justice
1.To injure the students, spanking and kicking, is prohibited.
2.To cause serious physical pain to the students is prohibited as corporal punishment. However
appropriately utilized disciplinary, is not corporal punishment. With regard to disciplinary
measures, the most important factors are the age and maturity of the students and also
the place, time and seriousness of the offence. like these ,we should consider whether it is prohibited
corporal punishment or not.
3.Detention after school is not corporal punishment, but is a legal disciplinary measure.
And the length of the detention is on the discretion of the teacher.
4.Not to let students go to the washroom or not to let them eat meals at the lunch times shall corporal
punishment.
5.To use force to quell a disturbance in the classroom shall not be corporal punishment.
6.Students may be ordered to perform certain services, such as cleaning or extra works for some
offences.
4 Guidebook edited by the Study of Instruction, Ministry of Education
As the teachers are in the position of parents or guardians of the students, they shall be allowed
to strike students slightly as punishmentthis , for such kind of punishment is usually carry out
by the parent or the guardian. Teachers shall be permitted to administer such
punishment, even if the force infringes the body of the stud,ents. Such force is considered to be
necessary for the proper control students and effective in education, namely what they call
"affectionate rod" or "loving patting". Of course, teachers should esteem the student's rights with
the sound discretion of the school administrators. They should try to avoid using such force as less
as possible, for they may infringe upon the body of the students, even though they are considered
to be"affectionate rod" or "loving pat"
- In the U. S.
1. A rule of Corporal punishment:
According to "The Agreement in Detroit (l990-1992)" P.19
The general policy is;- Maintain discipline by means of corporal punishment
- Use of corporal punishment as a routine measure is not contemplated.
- This policy does not prohibit corporal punishment, but does restrict its use to those cases in
- which there is no adequate substitute.
- in loco of parent
- not be cruel nor excessive
- sex, size, physical strength of the student to be taken into account
- not to injure or inflict lasting pain
- no malice or passion to be shown by the teacher
"INGRAHAM v. WRIGHT" 430 U.S. 651 Federal Supreme Court,1977.
-
- Students: Ingraham and one other. Eighth grade students at a Florida H.S.
- Date: The District Court, January 7, 1971
- Authorized punishment: On the buttocks with a flat wooden paddle, less than 2 feet long, 3 to
- 4 inches wide, and about one-half inch thick. Five "licks".
- Date: The District Court, January 7, 1971
- Students: Ingraham and one other. Eighth grade students at a Florida H.S.
- finding on it and dismissed the case,
- The U.S. Court of Appeals (5th) reversed the decision and then Certiorari was granted.
- The Supreme Court held as follows; The cruel and unusual punishment clause of the 14th
- Amendment did not apply to disciplinary corporal punishment in public schools, and that
- the due process clause also did not apply,
- Reasons of the Supreme Court Judge;
- The basic doctrine has not changed. The prevalent rule in this country today privileges
- such forces as a teacher or administrator to what they "reasonably believe to be necessary
- for the child's proper control, training, or education."
- If the force is excessive or unreasonable, the educator is subject to possible civil and
- criminal liability.
- Such corporal punishment is necessary "for the proper education of the child and for the
- maintenance of group discipline."
- The most important considerations are the seriousness of the offense, the attitude and
- past behavior of the child, the nature and severity of the punishment, the age and strength
- of the child, and the availability of less severe but equally effective means of discipline.
- Teachers have become more aware of the law, possibly through racial and sexual discrimination
- cases being more prominent in society today.
- The classroom situation has possibly become better.
- Or are other forms of punishment being used?
For instance;
- Baker v. 0wen............United States District Court, M.D.North Carolina Greensboro Division.
- April 23,1975.395 F.Supp.294
- Hall v. Tawney............United States Court of Appeals, 4th Circuit. May 9,1980.62l F2d 607
- Streeter v. Hundley...Supreme Court of Missouri. Jan.30,1980 398 N.E.2d l246
Typical case: Female Teacher's Corporal Punishment.
criminal Case, Monthly 13-4, Tokyo Higher Court, April 1,1981
- Junior high school student (15 years old) in Mito City.
- Tokyo Higher Court judged as follows;
The female teacher was not so angry with the student nor was irritated, but initially only - scolded him verbally. She then
struck him moderately on his forehead with an open hand. It was not so severe.
Generally speaking as for disciplinary measures, scolding students verbally is the best - way. However, sometimes 'patting' students on their shoulders or their backs slightly is a
- kind of kinship between teachers and students, and is also useful and effective in education.
- It makes the students more aware of their behavior and encourages them to develop good
- manners.
When we use disciplinary measures, we must consider the age, sex, the seriousness of - the offenses or the maturity of their bodies and minds. We must judge each case using
- the facts at hand.
Reversed, and affirmed. Not guilty. For more details ...... - Recently
It appears that the number of corporal punishment cases in the U.S. has decreased quite - drammatically in recent years, while in Japan we have not seen a significant change.
