lifestyle

High school student expelled for having sex, sues school for Y6 million

103 Comments
By RocketNews24

Last December, a student at Seiwa Gakuen High School in Sendai City was called into the principal’s office and told that he faced expulsion for the offense of engaging in sexual activity with a girl he was dating. However, he was given the option to voluntarily drop out instead.

In Japan, changing schools is especially difficult since, in many cases, the elementary school you enter sets you on a fixed path to your university career. Bearing in mind that this was the student’s final weeks of his final year of high school, the effects of dropping out would be devastating.

Nevertheless, faced with the impossible choice of expulsion or dropping out, he chose the latter and lost his acceptance to his chosen university as a result.

Not only that, but Seiwa Gakuen is also well known for its strong soccer team, of which the young man was a member. All this occurred only days before he was to take part in a major national tournament.

Now a first year university student at a different school, the student is looking back on all that he lost and wondering if the high school even had the right to take it all away. He filed a lawsuit against his former school for about six million yen in damages on the grounds that they overstepped their authority.

Under Article 11 of the School Education Act there are no standard rules of disciplining students except for the ban on corporal punishment. Basically, private schools are allowed to use their own discretion when applying punishments for behavior that they feel interferes with education.

So the question before the courts is whether the Sendai high school abused the discretion given to them in their punishment of the plaintiff. Seeiwa’s principal says they did not, claiming that a written notice was given to all students in advance that the school had a zero tolerance policy towards sexual activity and dating punishable by immediate expulsion.

Opinions were largely on the side of the student in this matter:

“I think what he did is entirely forgivable.” “Seriously, that punishment is way overboard.” “Half of my classmates would have been expelled if that were my school.” “This can’t be a great way to deal with the declining birth rate, can it?”

Several comments also pointed out that many of the facts in this case are unknown, especially regarding the woman in these sexual relations. Although it’s not impossible to imagine school administrations to be as draconian as to wipe away a students future for violating a single arbitrary rule, there does seem to be more to this case.

For example, how did the school learn of this young man’s sexual activity? The details of it aren’t clear at the moment but if it got to the point where teachers and staff of the school were catching wind, there may be a case that what happened was disruptive to the school as a whole.

Still, what happened and whether it was worthy of a life-changing suspension or six million yen in damages will likely come to light once the case goes to trial.

Sources: Livedoor News, Bengoshi.com News, Hibiya Station Law Offices, Matome Naver

Read more stories from RocketNews24. -- Junior high student shut down 444 school websites to “remind teachers they are incompetent” -- Group of ISIS-inspired kids abuses, attempts to kill a goat as “practice for killing a person” -- Kind train station staff help lost entrance exam takers get to, and hopefully into, high school

© Japan Today

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103 Comments
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He should sue for a lot more than six million.

38 ( +40 / -2 )

He should sue for a lot more than six million

In Japan? Dream on...

18 ( +20 / -2 )

claiming that a written notice was given to all students in advance that the school had a zero tolerance policy towards sexual activity and dating punishable by immediate expulsion.

It's much much easier to write that rather than offering a good sex education course, access to contraception, STI checking and medical and psy advice for the teens.

10 ( +11 / -1 )

Unless he had sex on the premises or assaulted the girl I don't even see what's the problem. Let people have sex, there is quite literally nothing wrong with it, they should aim to give them proper sex eds instead.

34 ( +34 / -0 )

A zero tolerance policy, how absurd ! Better to go after the teachers that put cameras in toilets and take upskirt pictures at train stations etc.

24 ( +26 / -2 )

According to what I heard from fellow students when I studied in the US in 1999, every high school in the US would be empty if this rule was applied (of course some people may have been exaggerating). I think it is just a couple of old guys who are jealous of this student. But really, kicking him out of school just before graduating is a reflection of their perverted "educational" values and nothing about the student. Japan may be doomed. But I'm glad he did get into another university. Also, we can look forward to enrollment at Seiwa to decline very rapidly in the near future. (Seiwa is not such a high class high school to begin with.)

17 ( +18 / -1 )

If I were the parents here I would be billing the school for all the money I spent on sending my kid there. I'd demand a refund!

19 ( +19 / -0 )

Last December, a student at Seiwa Gakuen High School in Sendai City was called into the principal’s office and told that he faced expulsion for the offense of engaging in sexual activity with a girl he was dating.

I'm sorry but what century is this? How absurd of this school to think that it can dictate what students can and can't do in their spare time! Considering the fact that the student in question was just leaving HS, he would've been 18. That is above the age of consent is it not?

If my school had such a ridiculous policy in place, over half the student body would've been expelled!

16 ( +16 / -0 )

Im not sure there is enough information to say precisely what is going on, perhaps the girl was a much much younger student, or complained to school that she felt pressured to have sex with him and wasn't comfortable with him in the school.. just don't know.

But if it is consensual and they are both of age, I can't see how its any of the schools business.

The other part of the article that sticks out is the, elementary school has a direct influence on what university you go to.. I have heard similar things but it seems an absolutely bananas system.

11 ( +11 / -0 )

Gees! I think just about every senior at my high school would have been expelled in the first year with this kind rule. No doubt this promiscuous fella was bragging about it to his classmates and one of them dobbed him in. If ha had kept his trap shut there would have been no problem. I have to wonder about the civil rights of punishing teenagers for having sex even if they are over the age of consent. Schools and other institutions have some very stupid rules that must conflict with human and civil rights.

4 ( +6 / -2 )

perhaps the girl was a much much younger student,

It's possible girl was not even a student there. A friend told me that, when he was 17, he was punished because one the teachers-not even his teacher- had seen him in a park, on a bench talking with a girl on Saturday afternoon and his father had to go and defended him otherwise the teachers would have messed his future too.

or complained to school that she felt pressured to have sex with him and wasn't comfortable with him in the school..

In such case, expellling the problem would be even more irresponsible.

11 ( +11 / -0 )

I knew a 9th grade girl at a Japanese school who got permanently expelled after the school found out she had e-mailed a nude (or semi-nude?) photo of herself to her boyfriend, apparently after he asked her to do so. The photo was posted publicly to 2channel and seen by several students from the school who turned around and told the teachers.

I talked with her and her parents, and needless to say she and they were devastated. I felt terrible for the girl, but there was little empathy from the school. She made a stupid mistake, but what a horrible introduction to human sexuality.

Japanese schools (especially the "elite" private jhs/hs) have 24-7 jurisdiction over their students. It encompasses "seikatsu-shido" lifestyle guidance (生活指導) which is very wide reaching in terms of rules and punishments covering appearance, dating and much more — very oppressive in an Orwellian sort of way in my opinion.

14 ( +14 / -0 )

Another marvelous example of the decision making prowess up the top.

4 ( +4 / -0 )

This '"school"" sounds more messed up than those stupid idol contracts!!!

If courts ever actually made REAL rulings based on what happened I would say sue them for at least 60million, sadly going to court will just cost time & money, your almost guaranteed to lose,.........in the off chance you "win" the court will award you Y100,000 to Y200,000 & leave all smile with "victory"

7 ( +7 / -0 )

@Sensato

Japanese schools (especially the "elite" private jhs/hs) have 24-7 jurisdiction over their students. It encompasses "seikatsu-shido" lifestyle guidance (生活指導) which is very wide reaching in terms of rules and punishments covering appearance, dating and much more — very oppressive in an Orwellian sort of way in my opinion.

This is the crux of it.

My first girlfriend went to a private school & we were in a long distance relationship for a number of years. Anyway, I went over to see her as we were both on school holidays. The school 'found out', so I was called into the school (it was closed at the time!!!!!!!!). One of the head teachers told me that I shouldn't have been there (ie. visiting), as fourth term was just around the corner.

You won't believe the next part. So, the school asked me to fly home immediately - a full week before my original flight. As I was only 17 at the time, I was quite intimidated by this & ended up calling my parents. They had to pay for my flight back! CAN YOU BELIEVE IT?! Let me reiterate, I was there on holiday, during school holidays & miles away from the school.

It's all about reputation in Japan. Just by being in the same town & spending time with a student of theirs, I was seen as a 'threat'. Meaning, a threat to their reputation - as I was harming her preparation for her final term. Un-be-liev-a-ble. A traumatic experience I'll never forget!

22 ( +22 / -0 )

Is this school run by Johnny's for girl bands or something?

Still, while I think the school is indeed Draconian, if they have it as a written law, the kid's going to have a very hard time winning the case. I predict that the judge will find in favour of the school, and so no fine, but agree that it was severe. The usual wishy-washy stuff.

8 ( +11 / -3 )

Now a first year university student at a different school

You can still get into university without finishing high school? I know there are rare people who skip high school by doing home study instead but that process takes longer than the 3 months he had between the time he left and started again

1 ( +2 / -1 )

This school seems to be following the oppressive systems of a long-gone era when students were an elite representing their family honor. We all thought such things were silly and laughed about those stories when our parents told us (I graduated from high school about ten years ago).

I'm shocked and outraged that any contemporary school would still make and enforce such ridiculous rules today. Unbelievable. Unfortunately as some of you noted, if the rule is written down then a judge will probably find in favor of the school.

4 ( +5 / -1 )

Sometimes Japan really disgusts me with their stupid nonsense rules.

10 ( +13 / -3 )

Sometimes Japan really disgusts me with their stupid nonsense rules.

Wow, generalize much? You know most schools don't do this, right? And that's why the media is running with the story, because people will shake their heads and go WTF?

-6 ( +5 / -12 )

Sometimes Japan really disgusts me with their stupid nonsense rules.

I think everyone here agrees with you mate.

6 ( +8 / -3 )

Typical control freakery from a Japanese school that thinks it must dominate the students' lives.

This one is also placing itself miles above its students. What a disgusting attitude.

I hope the boy wins.

12 ( +12 / -0 )

So the principal assumes all other students are virgins and/or do NOT have sex outside school holidays?

Unless the young guy and his gf copulated on the school premises i don't even understand why he accepted the principal's deal in the first place? Should have outed and threatened to sue him then.

7 ( +7 / -0 )

I think the girl gave him poor grades on performance and thus snitched. J/K.

Not much to reply too till more data is available. He should get a Medal trying to improve the shrinking population, IMO.

0 ( +1 / -1 )

"the school had a zero tolerance policy towards sexual activity and dating punishable by immediate expulsion."

This sounds Victorian, but Queen Victoria died 115 years ago. Really clashes with the general image of Japan as a relaxed, free-wheeling place where people (including children past puberty) can have sex in a largely non-moralizing environment that prioritizes hedonism over everything else.

3 ( +3 / -0 )

Private schools are often stricter with rules and their enforcement, could be a religious school.

4 ( +4 / -0 )

All the other students are virgins? No,. I bet the punishment is not for sex, but for letting the facts get out where they can embarrass a higher-up.

3 ( +3 / -0 )

Not all high shools are this stupid. My high school here in Tokyo was pretty loose. As long as you did your shoolwork, nobody said anything. Our school was one of the first to do away with uniforms (and still one of the few).

3 ( +3 / -0 )

This sounds Victorian, but Queen Victoria died 115 years ago. Really clashes with the general image of Japan as a relaxed, free-wheeling place where people (including children past puberty) can have sex in a largely non-moralizing environment that prioritizes hedonism over everything else.

Because both images are ridiculous stereotypes and it saddens me when anyone, Japanese or non-Japanese, confuses them with reality.

1 ( +3 / -2 )

Seeiwa’s principal says they did not, claiming that a written notice was given to all students in advance that the school had a zero tolerance policy towards sexual activity and dating punishable by immediate expulsion.

This is where I see the legal issue is. The student should also question if it is appropriate for schools to provide this kind of rule nowadays? How is it related to the student's human rights? I would love to have the appropriateness of "school rules" addressed in court and this might be the case that moves the discussion forward.

4 ( +4 / -0 )

Why didn't he just deny it?

1 ( +1 / -0 )

ChaosWyvern, I agree with you. The media sometimes pick these articles coz they know everyone will go like WTF? Not many schools with these rules (I hope).

But I don't think I'm generalizing too much when I say that Japan "sometimes" disgusts me with nonsense rules. That AKB48 member being publicly ashamed for dating. Others sued. Yes, part of contracts but still nonsense rules widely acceptable. Becky's career partly destroyed for her affair (while nothing happening to him). Having a penis festival with penises everywhere but a vagina kayak!? Lo and behold. And other stuff that again, sometimes but not all the time, make think "WTF Japan?"

5 ( +5 / -0 )

If my kids aren't having sex by 16 I'll be well annoyed.

1 ( +6 / -5 )

Only two people should have known about the sexual encounter, the girl and him. One of them didn't keep their mouth shut.

4 ( +5 / -1 )

The father should have just spoke to the principle and threatened him with a severe beating.

-2 ( +2 / -4 )

I would not be surprised if it was a political act to get a starting player dropped before a major national tournament and replaced by someone who was not a starting member. Look into the case a bit deeper and look at the family connections of the replacement player.

2 ( +2 / -0 )

It's much much easier to write that rather than offering a good sex education course, access to contraception, STI checking and medical and psy advice for the teens.

Have you considered that all this messiness can provide partial justification of it being banned because the alternative is rather ... troublesome and costly?

Let's calm down and think rationally what the principal can say to counter this. 1) Depending on exactly when he issued said "written notice", he can say that there was at least passive consent on the part of the student body, including plaintiff. 2) He can say his policy was a justified restriction for a reasonable aim - to improve the morals of students and to reduce the chance of mistakes that would be inconvenient for the students - which let's face it no amount of contraceptives are 100% effective in stopping.

And here's one thing you have to give him. He took a principled stand to something he found objectionable, even though down the road it might lead to the trouble for himself we see now. It would have been so easy to bury the incident and avoid a black mark on anyone.

In a society with so much willful blindness and go-along, get-along, even if we don't agree to his stand, we have to give him a modicum of respect.

-6 ( +1 / -7 )

Sounds more like the principal is a jealous old sexless fool.

4 ( +4 / -0 )

even if we don't agree to his stand, we have to give him a modicum of respect.

Really? Two weeks before the kid is set to graduate?

2 ( +4 / -2 )

@FizzBitJUL. 04, 2016 - 03:23PM JST

Really? Two weeks before the kid is set to graduate?

Last December is not three months before graduation.

As you implicitly point out, it'll be so easy to make an excuse like that and just sit on it. However, to do that would arguably be unprincipled. If, in the principal's opinion, having sex during high school is so bad it deserves an expulsion, and we figure he'd go through with it on say a freshman, then not going through with it because he's "two weeks from graduation" or "otherwise a model student" is nothing other than favoritism. Rule of "law" means the law is applied evenly.

0 ( +3 / -3 )

is there a more Orwellian society in the world than Japan? I doubt even North Korea would be so intrusive.

7 ( +8 / -1 )

it'll be so easy to make an excuse like that and just sit on it.

Excuse for what? Having sex? Funny how in Japan some site like the "rule of law" but ignore it in their everyday life. There's no purpose in destroying a kids future except to gratify the whims of this principle. You're a friggen robot!

1 ( +4 / -3 )

In Japan, changing schools is especially difficult since, in many cases, the elementary school you enter sets you on a fixed path to your university career

This is the crap about Japan.

4 ( +4 / -0 )

i don't even understand why he accepted the principal's deal in the first place? Should have outed and threatened to sue him then.

First off, kids are taught all the way through school to accede to authority. The principal telling him to quit is going to be a lot of pressure on a kid. Next, the kid had the option of quitting school, or being kicked out. Being kicked out is going to look a lot worse on his record in Japan, so he probably didn't want to be kicked out.

It's easy to say he could threaten to sue, but if they kick him out, and then he has to sue, he may or may not win, and either way his record is going to say he got kicked out.

Not an easy decision to make, but quitting was probably better for him long term, and suing after the fact like he is doing.

Good luck to him.

-1 ( +3 / -4 )

Utterly Ridiculous. On so many levels this makes no sense.

What is he, 17? 18? If he has had a bit of action on school premises and been caught, he deserves to be punished, but under the circumstances, is the punishment a balanced response? Nope.

Their inflexibility and rigidity has just had a major impact on his life. It's simply too harsh.

If they are so horrified by what he did, suspend him from school for a week, or a fortnight, or even until exams and graduation, but to make this kind of ultimatum at that point of his school life is simply unreasonable.

Adults are charged with the responsibility of making reasonable decisions for kids who don't know any better. They aren't doing that here.

3 ( +3 / -0 )

It's easy to say he could threaten to sue, but if they kick him out, and then he has to sue, he may or may not win, and either way his record is going to say he got kicked out.

To be fair, in his lawsuit, he can ask for such an expulsion to be rescinded (取り消す, which should mean everyone should act like it never happened).

I'll also add to your two reasons that at that time, he probably felt the principal had at least a prima facie case. This is still Japan, not America, so the boy's own cultural mores are a lot closer to the principal's rather than the JapanToday average. He had sex, but he isn't feeling nearly as righteous about it as you are. In fact, you'll notice if RocketNews is any indication, not many Japanese are saying the principal never had a case or the boy did not make a mistake, but only about the proportionality. This is an important difference to keep in mind when considering the boy's initial acqueisance.

-2 ( +2 / -4 )

Well just another example showing us that Japan is trying very hard to stay uncivilized.

It's just utterly pathetic that in a country calling itself "advanced" and supposedly driven with little religion, a school would punish like that a teenager for having sex with his girlfriend.

3 ( +5 / -2 )

Sorry KShimazaki, but in case you hadn't noticed its 2016 well past the stone age, what the school is utterly reprehensible for something that is NORMAL for people to do ie have sex.

Perhaps we should be able to dig into the principals life a bit & see what we can find, I bet there is something that we can get him fired for & no retirement bonus, who about fair is fair ain't it, let the witch hunts begin...........

This is an example of how primitive Japan is, to wreck a young persons life because they had sex...........crazy!!

1 ( +4 / -3 )

To be fair, in his lawsuit, he can ask for such an expulsion to be rescinded (取り消す, which should mean everyone should act like it never happened).

If he won the suit. That's a big gamble for a kid to take on the rest of his life.

0 ( +2 / -2 )

@GW JUL. 04, 2016 - 06:02PM JST

Sorry KShimazaki, but in case you hadn't noticed its 2016 well past the stone age, what the school is utterly reprehensible for something that is NORMAL for people to do ie have sex.

"If I disagree with something, that's because my opponent is in the stone-age." Great debating technique (sarcasm), and not even accurate because it is well known that a hundred years back, people married before they were 18.

There are a lot of things that are "normal". That doesn't mean all of them are good. In the case of sex, there are many possible negative connotations, starting from the worst case of getting into something really unsavory and less than voluntary. We then have prostitution. But let's jump past all that.

A relationship gone too far can indeed be a detriment to one's studies. That can be one valid thing to restrict, but it is really hard to turn that aim into concrete "no-go" actions for such a thing (surely you don't want them to go by "feeling" without concrete violating acts, do you). Sex provides one relatively easy limit. Sex with its complex motions cannot be accidental or without intent in the same way as a lot of "lesser actions" can.

There's also the issue of consent. The guy chose to go to a school with a strict code. If you volunteer to join a strict organization for the benefits (reputation or otherwise) it provides, to some extent you have a weak case against restrictions being placed on you. The ability to keep a commitment is a rather universally valued human trait.

Perhaps we should be able to dig into the principals life a bit & see what we can find

What are you going to say, if at the end of such a hypothetical search the guy proves able to put his money where his mouth is.

-5 ( +2 / -7 )

Sex sex sex sex. Society's bottom line.

0 ( +1 / -1 )

There's also the issue of consent. The guy chose to go to a school with a strict code. If you volunteer to join a strict organization for the benefits (reputation or otherwise) it provides, to some extent you have a weak case against restrictions being placed on you. The ability to keep a commitment is a rather universally valued human trait.

This is absolutely not a valid argument. Again Japan is calling itself an advanced country so you would be better asking yourself how in the hell a school in this country is still allowed to limit the freedom of people. That is, a country truly respecting basic principles of freedom should not allow any organization to interfere in the sexuality of consenting teenagers. Period.

Trying to defend otherwise with some apologetic arguments towards this school is ridiculous.

-1 ( +2 / -3 )

Daito-hak.

One school does not equal the whole country. Know high school kids who are having sex with their partners and nothing happens do them.

In this case I am surprised we hear nothing about the sex-partner might attend a different school or be older.

-1 ( +0 / -1 )

Again Japan is calling itself an advanced country so you would be better asking yourself how in the hell a school in this country is still allowed to limit the freedom of people.

That's actually a much greyer question than you are trying to make it, and IIRC you are the defender of a country that attempted criminal prosecution of a journalist (at least in the end he was acquitted but the chilling effect will never go away).

All schools have their own limits. For example, will you propose that it is absolutely unacceptable to set such things as 1) uniforms, 2) being on time, 3) postures, 4) manners, 5) (add any other restriction schools typically set)

If you are truly biased towards the "basic principles of freedom", without any regard of "reasonable restrictions", then you cannot really accept any limitations here either.

-2 ( +1 / -4 )

You finally found a couple in Japan who want to have sex, with each other, and you punish them?

You see, that's why all young people here are scared of the opposite sex and you're doomed.

7 ( +8 / -0 )

" and here is one thing you have to give him. He took a principled stand against something he found objectionable ".

I,ll give him this - he most likely seriously damaged the future of a kid who was doing what comes naturally to young people, in his free time, outside of school. Old prunes in positions of power who hide behind morality trying to justify this are more than likely the same kind who whilst preaching it, frequent the hostess bars on Friday nights to " de stress after all the gambatteru - ing during their working week ". The funniest thing is that those same kind of oyajis are then trying to come up with " policies, guidelines and advice" to help young people with relationships, having kids and family raising -after they retire and move on to their amakudari positions at local semi - governmental bodies that is.

2 ( +3 / -1 )

If they had such a policy at my high school, there would not have been many students left to graduate. I am very thankful that I didn't grow up as a Japanese in Japan, and have to endure the school systems. No wonder suicide is the leading cause of death of young Japanese people.

0 ( +2 / -2 )

One school does not equal the whole country. Know high school kids who are having sex with their partners and nothing happens do them.

My point is not the whole country or not, this is too simple to think like this. Yes I am sure there are a lot of schools where such thing does not happen but you also find a lot of schools where it does. I know several in Sapporo where a similar policy is applied. However my point is rather why so many schools are still allowed to do such thing here.

and IIRC you are the defender of a country that attempted criminal prosecution of a journalist (at least in the end he was acquitted but the chilling effect will never go away).

What? What the hell are you talking about? Could you please avoid such incomprehensible statements in your posts? Which country I am the defender? I believe you are confused, go to take a breath of fresh air...

All schools have their own limits. For example, will you propose that it is absolutely unacceptable to set such things as 1) uniforms, 2) being on time, 3) postures, 4) manners, 5) (add any other restriction schools typically set)

Non sense! Being on time, postures or manners have nothing to with interfering with the private life of people. Which is what this school is doing by punishing a teenager who in a supposedly free society has the right to have intimate relations with whoever he wants. You seem to be quite confused with what restrictions should be.

Restrictions on people are only valid when they serve the life in community. Life in society implies a common set of rules so that things don't go in chaos, and law is by definition a generalization of that concept. Now private life of people has nothing to do with life in community since people intimacy does not interfere with life in community. Therefore in a state of law and based on the current legislation, this is not the business of this school or any other organization do decide whether people should gave sex or not and punish them if they do. That is, I should remind you that there is no law in Japan forbidding someone at the age of this student to have sex.

If you are truly biased towards the "basic principles of freedom", without any regard of "reasonable restrictions", then you cannot really accept any limitations here either.

I am not biased, the problem is that you don't understand what freedom really is. You seem to fail to understand that restrictions (or you can call them rules) are not made to control the life of people. They are made to allow people to live in community. Trying to hide oppression behind a set of restrictions is what this school is doing and what you seem to believe Japan should do. I am sorry for you.

1 ( +2 / -1 )

Sex with someone you love or School. Good decision son.

-2 ( +0 / -2 )

I would guess his education will last longer than the relationship.

0 ( +0 / -0 )

All topics concerning sex get lots of folks excited and ready to pass judgement. As far as I can see there is insufficient information to make a sensible comment, much less a judgement. Let's wait and see what comes up at trial.

2 ( +2 / -0 )

@marcelito JUL. 04, 2016 - 08:37PM JST

I,ll give him this - he most likely seriously damaged the future of a kid who was doing what comes naturally to young people, in his free time, outside of school.

I must admit I used the bed at that guy's age, but I wasn't thinking intercourse was what comes naturally. Maybe that's how it is in your country. However, try to comprehend that not every country is that way. This guy is a minority where he's living.

As for the rest, let's not impugn people without the slightest shred of evidence. Remember, at least he's taking the heat for his decision. We are just all typing in Net forums.

@daito

Being on time, postures or manners have nothing to with interfering with the private life of people.

Your initial argument did not make any distinction between "private" and "public". You just said it was wrong to "limit the freedom of people". So now you are thinking some regulations are OK, as long as they have reasons that are acceptable to you?

The problem of how much right a school has to set limits after school is actually a tricky one. Certainly you can take the stance that the school's responsibility ends completely as the bell rings and if the students moonlight as hired thugs, that's no fault or responsibility of the school. And there will be many schools, even in Japan, that come quite close to that stance.

However, if you look at high-school life as the last period of general formation of not only intellectual but moral qualities, then its responsibility cannot completely end as soon as the bell rings, because formation depends on the sum of experiences. And if the school has to be responsible, then it must be given certain methods for influence, and that means the right to set some rules.

Further, it is not only responsible for 1 student, but several hundred, and the rules must be made with that in mind. You may think "What's the harm of letting this one guy do what he wants?" but if we don't have a rule, then one hundred guys will do what they want , and that increases the chance of the negative side of allowing sex one hundred times. Unwanted pregnancy, for example? Or people fighting over their boy/girlfriends. Or people prioritizing sex over studies and general formation in one of the critical periods of their lives? When it comes to sex, or in a broader sense romance relationships, in addition to problems with general formation it is not possible to isolate the private and the public (and if it was, as a rule, the school won't even know, so the rule is unenforceable)

-2 ( +0 / -2 )

The only thing that would have saved him was if the student body got behind him and boycotted (protested) this school. With the few weeks left I doubt that would have happened. In reality the student body is stronger than any school, but few students will ever realize that. Otherwise as a Private school they have a right to expel the student since he openly violated the rules and education contract.

He knowingly took a risk and lost. -That is part of growing/learning and he should accept that. Fighting will only cost money and time that should be used for University now.

0 ( +1 / -1 )

A student expelled for having sex. Meanwhile the bureaucrats, teachers and police molesting schoolgirls get one month paid suspensions with a 30 percent reduction in pay and transfers.

3 ( +3 / -0 )

How did they find out? Probably the best thing that could have happened to him if he sets his mind in that mode of thinking. Since he was groomed from elementary to go to a particular high school, and then to a particular college and then to the salary man, maybe he will be able to chart his own path. I would recommend that if possible, take the chance to study abroad, where no one cares what elementary and high school you went to, broaden your horizons, and you will eventually surpass all those who stayed on the path and are slugging away trying to get that position at some company in Tokyo while you can pursue a different path.

0 ( +0 / -0 )

If my high school had had such a ridiculous rule I unfortunately still would have graduated

1 ( +1 / -0 )

I must admit I used the bed at that guy's age, but I wasn't thinking intercourse was what comes naturally. Maybe that's how it is in your country. However, try to comprehend that not every country is that way. This guy is a minority where he's living.

Sorry but this had me laughing out loud!!! You clearly know nothing about today's Japanese teenagers!

0 ( +2 / -2 )

For myself got to say we had compulsory sex-ed at age 13(now35yrs ago) we covered prevention too and we corrected the teacher on some topics. Teacher blushed more than us.

Said that our age of consent is 14, which means we can have sex with a similar age-group anyone over 18 is a no-no as 18 is when we are adults.

Said that we knew which teacher did it with a student but they kept quiet about our trysts too.

I feel sorry for the guy he only did what teens are driven too.

0 ( +1 / -1 )

All this disagreement with the Japanese way of life. Many of us believe we live in an "Enlightened Age" where all the value systems of past generations are misguided. I personally applaud the Japanese for still having a set of values and trying to live by them. For all those criticizing everything please look at your own countries: Rampant crime, large numbers of single parent families, attacks on anything/everything that appears traditional or moral. The Japanese are fighting an uphill battle with the internationalists who seem to think this is some sort of banana republic with behind the times rules and traditions. This is their country, you are guests, please remember that. I personally have chosen to live here for 30+ years simply because I enjoy a safe, respectful environment where people still believe in their nation, their families, and their values. It is not perfect, nor is anywhere else, but it is civilized. I unfortunately can't say that about many of the places we come from.

-4 ( +1 / -5 )

Schools should not be able to dictate what pupils do in their free time and should not be able to punish them for anything they do that is not illegal.

In this case the student should have denied having sex and asked the school to provide evidence to prove otherwise. Without proof they could do nothing.

0 ( +0 / -0 )

All this disagreement with the Japanese way of life. Many of us believe we live in an "Enlightened Age" where all the value systems of past generations are misguided. I personally applaud the Japanese for still having a set of values and trying to live by them.

I think, speaking as a Japanese social scientist, that you are celebrating a "Japan" that never existed. The view of the country as a super traditional and respectful society with a strong set of old moral codes and so on is just as stereotypical as the idea that we're all pop idol idiots or perverts. People seem to want to always contrast Japan with other countries to an extreme degree, saying we are either the best or the absolute worst. I think both views are equally silly (which is why even in my professional life I get hated on by both nationalists and so-called internationalists....)

If people want to create fantasy images of Japan in their heads, which both the local and foreign media do, then that's their choice, but enforcing those views on children and demanding they conform to those ideas, especially in their private lives, is misguided.

4 ( +4 / -0 )

From the sound of it the fact that he was having sex didn't disrupt schooling UNTIL the school got involved. If the school had minded their own business it looks like this kid would have graduated in a few weeks, possibly won a major soccer game and went on to college, but they stepped in and could have ruined his life.

Unless he was having sex in the school it shouldn't be any of the school's business. If his grades were good it was no business of the schools.

I too would like to know how the school became involved.

bec

2 ( +2 / -0 )

Lots of worldly comments here. Everyone is so wise...can nobody think beyond their own instant-gratification.

Maybe the school has reasons for such a rule. Maybe the school has people who support this kind of thinking. And maybe those supporters pay 6 million yen to ensure this kind of thinking is expressed in clear and easy-to-understand language. "No sex." It doesn't get any simpler.

Doesn't anyone wonder why it's the student who is suing and not his parents?

-3 ( +0 / -3 )

Actually, does anyone know the legality of this? I tried a search but couldnt really break down the Japanese.

Basically is this unconstitutional or the therwise a breach of law? Are they denying his rights in some way? (Right to privacy, persuit of happiness, etc)

Didnt we see a situation where courts found a that idols could not be penalized for having relations?

2 ( +2 / -0 )

@Carolee Thumma JUL. 05, 2016 - 11:37AM JST

From the sound of it the fact that he was having sex didn't disrupt schooling UNTIL the school got involved. If the school had minded their own business it looks like this kid would have graduated in a few weeks, possibly won a major soccer game and went on to college, but they stepped in and could have ruined his life.

Suppose instead of sex, the school managed to find out something else, that he was doing drugs. Will you make the same argument for "selective enforcement"?

@kaynideJUL. 05, 2016 - 12:59PM JST

Basically is this unconstitutional or the therwise a breach of law? Are they denying his rights in some way? (Right to privacy, persuit of happiness, etc)

Yes they did and certainly the kid and his lawyers can throw this in the pot. But you might also remember the judges didn't shoot for the other one.

The Constitution also explicitly allows for restrictions for the public welfare. He's also disadvantaged because of his age, he (and/or his parents) consented to these conditions, the doctrine of non-interference in school affairs (often brought out in cases of corporal punishment), and the limited term (unlike those idol groups, he only has to live with the restriction for 3 years).

-1 ( +0 / -1 )

I personally applaud the Japanese for still having a set of values and trying to live by them

Yeah...well, i used to think that- until i saw all the porn on display next to ice-cream section at your friendly local conbini, salarymen reading X-rated manga crap on trains after their visits to hostess clubs and the girls out on their enjo-kosai and sugar daddy "dates". Some fantastic values on display right there.

I must admit I used the bed at that guy's age, but I wasn't thinking intercourse was what comes naturally. Maybe that's how it is in your country. However, try to comprehend that not every country is that way.

Sorry to hear that. Btw, nothing to do with a" country ", all to do with being a teenager with normal hormones.

1 ( +2 / -1 )

My high school, sometimes described as "Britain's most liberal school," has the same zero tolerance no sexual intercourse policy though exceptions were sometimes, but not always, made. No big deal.

1 ( +2 / -1 )

Time to throw my two cents into the fray. So first off the article doesn't mention how the school found out about what the guy did, it also didn't mention anything about how willing the partner was, nor does it mention where he was doing the deed, or how they found out about it. All these things can really change the picture of what went down on and the proper level of severity that should of been applied.

I mean for all we know the guy could of been using some passive aggressive tactic to guilt his partner into doing the deed some place on campus perhaps just leading up to those big tests, and they where found out because the bathroom or classroom they thought would be far enough out of the way ended up being needed as the original testing room was unavailable and it caused a major disruption, but instead of reporting all this and shaming the guy even more they figure the punishment was bad enough and he doesn't need further shaming. Would the punishment be so extreme then?

Now I'm not saying that is what happened, but still given what little we do know it's still completely possible, it's also possible as may have suggested that the guy was doing this off campus, with a fully willing partner, and might of just bragged about it at the wrong time. And then there is room for an argument that the school went overboard. Then again if he was constantly bragging about it and trying to make others feel bad that they spent their time studying instead of getting their own action on and this wasn't the first time they had to deal with this guy doing that. The argument against the school would be again weakened. But still the article makes no mention for or against either happening. it just says there seems to be more to the case. so really all we can be sure of is that likely the punishment wasn't just for this one instance but that backstory that we aren't being told plays in.

But with out knowing more details we really don't know how big of a mess this actually was, so thus it's a whole lot harder to say if they went overboard.

One argument I would still make in the schools favor is that he was going to a private school and was on a upper class sports team. So in both ways he was being granted the privilege of prestige from the school he was going to and that school in order to maintain it's prestige has not just set standards but actually enforce them. We are also talking about just high school here. regardless of if he was old enough to do the deed or not if he wants the extra prestige of going to that private school and not the public one then he should be expected to follow the same rules everyone else does.

But on the other hand we also don't know if the school actually was not punishing others they had caught, or how and why they found out about his fling and the situation surrounding it. It would be natural to assume that if some of these extenuating circumstances existed that there would he more mention of them in the article, but again we are just assuming here we don't know what more to the story there really is.

0 ( +0 / -0 )

the same zero tolerance no sexual intercourse policy though exceptions were sometimes, but not always, made. No big deal.

YES big deal!!! The lukewarm objections filling this thread fill me with nearly as much horror and dread as the punishing of a young man for engaging in what was apparently consensual sexual intercourse. Human beings have as much natural right to sex as they do to oxygen (providing they can find a willing partner) and no one has a right to take sex or oxygen away from anyone even if isn't clearly codified in law! The school has committed serious psychological abuse on this young man and, in fact, all of its students. Sex is a normal, healthful, up-lifting human activity, and so are the loving relationships that tend to dissipate where there is no sex, and those who think otherwise are quite simply a scourge on humanity that should be shunned from decent society whenever possible. This was quite simply an attack on his humanity and psyche even more serious and deep than an attack on his religious beliefs. And it makes me ill that some of you treat it as if he were being denied the privilege of being being able to drink a soda outside of school time (and that does happen in Japan!)

we are just assuming here we don't know what more to the story there really is.

There is always more to the story. But where you can apparently only the see the possibility that he did wrong, what about the possibility that the girl in question ratted him out for her own selfish motives? Even if he was accused of ACTUAL wrongdoing, does he not have a right to face those charges? Or is he guilty just because some girl says he is? All we have to go on is that his life was thrown off course for some inhuman rule demanding abstinence, and if there was more to it than that, I doubt the guy would be bringing this suit.

2 ( +3 / -1 )

lets look at the evidence 1: a teacher saw then sitting on a bench in the park, 2: IF they had sex it was out side of school time. 3: the zero tolerance was not in place. this is not going to hold up in court is it? so far its Circumstantial evidence that they had sex, (he would be a fool to admit i)t and since it was out of school time, what the heck has it got to do with the school? its non of there business, is/was this zero tolerance policy known about by all of the students before this took place, was the policy quickly drawn up and introduced when this come to light?? the most that should have happened was a good telling off and make him aware of his alleged actions, but they have potentially wrecked his career path.

0 ( +0 / -0 )

@Jack and the BeanstalkJUL. 05, 2016 - 02:31PM JST

Human beings have as much natural right to sex as they do to oxygen

Woah. It is clear which side you are on, but sex is on the same plane as oxygen? Please hold your breath. If after 5 minutes you can still hold that position I'll call you convincing.

<Sex is a normal, healthful, up-lifting human activity, and so are the loving relationships that tend to dissipate where there is no sex

There is actually an argument to be made that when you are at high school level, your cognitive development and life-experience accumulation is insufficient for one to really know what's suitable for them. Nor do they as a rule have the means to cope with the "worst case" (pregnancy, which can happen even with contraceptives) without causing a burden elsewhere. One can also argue that high-school is a serious stage of moral-intellectual formation which means perhaps avenues other than sex be explored. In practicality, you also need to get all that's possible onto one's resume. If you combine these concepts, you can easily come to the conclusion that it really wasn't the right time for either sex or a relationship that needs it to work.

-3 ( +0 / -3 )

but sex is on the same plane as oxygen?

How about I only deny you oxygen for 30 seconds at a time? You will live, but how will you feel psychologically? In the American Constitution, it opens speaking about the rights to "Life, liberty, and the pursuit of happiness." Know that if you argue with me on this, you are also arguing with Thomas Jefferson. Sex is a natural right, and as such, I consider it inalienable.

There is actually an argument to be made that when you are at high school level, your cognitive development and life-experience accumulation is insufficient for one to really know what's suitable for them. etc.

Kids crash bicycles. Sometimes they die. I can scarcely see how a bicycle is more important than sex to the point that you have such worries about sex, but would never say similar about bicycles. Sex is good for all, or would be, if all were properly educated and society gave up its pathetic stigmas and of course, abuse didn't happen. Its nothing to do with cognitive development and most of the so-called "morality" on the subject was invented by people who just exercised the immoral concepts of meddling, selfishness, jealousy and the sowing of misery. Its just easier for people to see and condemn sex, since sex is a physical act, but the other immoral concepts I speak of are harder to spot.

1 ( +3 / -2 )

For me the question is really whether the rule existed when he entered the school, and if prospective students were informed of the school rules. If they were clear ahead of time that they had a policy of no tolerance for sex, then he knowingly broke a rule, and it's hard to defend. But if they implemented the policy after he was already a student, about which the article is a little ambiguous, then they are out of order on this.

-3 ( +1 / -4 )

Sex is a natural right [like oxygen] and as such, I consider it inalienable.

In the past sex was considered a privileged to afforded to school children, and and in the West, out of wedlock, and or save for the purpose of procreation, a sin. A considerable proportion of one billion Muslim women cover themselves because they see sex as being considerably more dangerous than oxygen. The cause of death in the Christian Bible is a bit ambivalent (apples, covering sex organs) but the Islamic rewrite is clear that the original sin was sexual.

But now sex may be a right. I guess that means that one can and should feel righteous anger if this right is curtailed.

0 ( +1 / -1 )

Wow, just wow - I am now convinced Japan is not a developed nation if this kind of thing is considered okay. The freedom to do what you do with your body in the privacy of your own home outside of school should is surely a human right in any modern developed nation. Can you say 'draconian'?

1 ( +2 / -1 )

@Jack and the BeanstalkJUL. 05, 2016 - 03:41PM JST

How about I only deny you oxygen for 30 seconds at a time?

OK, compare that with being denied sex for 30 seconds at a time. Apples to apples, sex is just not on the same plane, sorry.

Kids crash bicycles. Sometimes they die. I can scarcely see how a bicycle is more important than sex to the point that you have such worries about sex, but would never say similar about bicycles.

Cycling at least reduces one's energy footprint and contributes to cardiorespiratory development. Unproductive sex is roughly on the level of being a couch potato watching anime in terms of "good".

society gave up its pathetic stigmas

Even if we accept the argument the prohibition of sex has zero objective advantages, we are still left with that concept known as the market. Obviously, there is a catchet to being a member of a school with a zero-tolerance policy for sex. Otherwise, Seiwa won't be arsed to have one and students won't be arsed to attend there. Maybe that catchet is entirely subjective, but nevertheless it exists, and students volunteering for Seiwa are accepting that restriction in order to gain the value of that catchet. And our student was one of them.

Now, he chooses to have sex anyway. That might be his life choice but does he "deserve" the catchet (whether its value) of graduating from a "no-sex" school if he had sex? If he gets that catchet despite having sex, isn't this unfair to the hundreds of other students of the school, who according to you are depriving themselves of oxygen to gain that catchet? And isn't he endangering the catchet for hundreds of students (if students at a no-sex school have sex, word will soon spread and it'll lose that catchet), threatening to render it meaningless (and thus their privations for nought). If the school doesn't punish him or only slaps him on the wrist, wouldn't they be condoning this endangerment?

Just some food for thought.

-2 ( +1 / -3 )

They're just jealous

1 ( +1 / -0 )

Cycling at least reduces one's energy footprint and contributes to cardiorespiratory development. Unproductive sex is roughly on the level of being a couch potato watching anime in terms of "good".

Dear god. Cycling at least reduces one's energy footprint? Lololol Define unproductive. Silly.

Obviously, there is a catchet to being a member of a school with a zero-tolerance policy for sex.

Erm no. Not at all. This is clearly an appeal to the statistic quo. You are merely saying, "Well, they have this rule, therefore we can know there is clearly a good reason for this rule, and thus the rule clearly needs to stand." Absolute nonsense. Rules for the sake of having rules are is not doubt an act of repression. We can talk about what could have but quite clearly didn't happen, or we can talk about what did happen. This boy/young man, couldn't get into the school of his choice, and you better believe that does have a profound impact on his life. Not a hypothetical.

1 ( +2 / -1 )

6 million? 6 billion more like

0 ( +0 / -0 )

@takeda.shingen.1991@gmail.com UL. 05, 2016 - 05:08PM JST

This boy/young man, couldn't get into the school of his choice, and you better believe that does have a profound impact on his life.

Which he wouldn't have gotten into, without the grace of his school. He's 指定校推薦, which means a recommended student. In effect, the school cut a deal with the university so he can get in without necessarily meeting the level he'll have to have to get in the usual way (by competitive testing).

And if you are on the graces of someone, then they have you by the neck.

"Well, they have this rule, therefore we can know there is clearly a good reason for this rule, and thus the rule clearly needs to stand."

And you are taking the opposite stance, arguing that the school would waste energy and (now) reputation defending a rule without some reason or advantage.

-2 ( +0 / -2 )

Wow, just wow - I am now convinced Japan is not a developed nation if this kind of thing is considered okay. The freedom to do what you do with your body in the privacy of your own home outside of school should is surely a human right in any modern developed nation.

Really? So I guess Canada is not a developed nation either: https://news.vice.com/article/a-canadian-law-school-president-wont-allow-gays-in-his-college

-2 ( +2 / -4 )

"Further, if you look at Japanese language Twitter commentary, you will see that a large proportion of those posting think the decision was stupid and the school overstepped the bounds of common sense.

I lived in Japan for 18 years and would agree with this. There is a huge misconception that various issues and illogicity in Japanese society that frustrate foreign residents escape the notice of the local people. Living in Japan and talking with Japanese people of various walks of life it is clear that there is a wide range of opinions and beliefs, many of them, as Bullfighter points out, questioning decisions based on 'traditional' Japanese morality and practices. The 'Japanese as a hive mind' stereotype is demonstrably false and the diversity of views is there to see for anyone who can speak the language. So Bullfighter, up to his point, I agree with you.

But is also true that, despite the diversity of opinion and frustration and disagreement with certain Japanese practices prevalent among Japanese people themselves, there is a general reluctance to take any action to instigate change. I think it is this inaction that non-Japanese speakers misinterpret, coming to the erroneous conclusion that everyone is one the same page.

Examples of things Japanese people dislike about Japan but make no effort to change are numerous. Overtime and labor practices are one example, social bullying over private matters is another. So while Japanese people 'may be fully capable of questioning decisions' without the help of 'gaijin', Japanese people are in general, not very proactive in changing their nation into one that would make them happier. That is why there are many 'gaijin' who see the obvious issues, see the obvious nothing-being-done-about-it, and come to the conclusion things need a bit of a push.

Part of the reluctance to do anything may be due to stress on accepting the status quo that runs through the heart of the educational system. A further issue - as demonstrated by bullfighter's own comments - is that Japanese people, including the eloquent educated English speakers like Bullfighter, hate outside criticism of their own country such much that they complain about it even when they know it is justified.

Of course all nations object to outside criticism to varying degrees, including the Brits and the Aussies, but people in the later two nations are certainly more interested in instigating internal change than people in Japan, so I don't think the situation is entirely parallel.

4 ( +4 / -0 )

You guys mean you didn't do it when in high school ? ??????

I don't believe this.

0 ( +0 / -0 )

I did not, believe it or not. Sex is just not as dominant a part of life as some Westerners seem to believe.

1 ( +1 / -0 )

In my last year of high school a couple of girls in my class became pregnant. They were not expelled or punished, nor did anyone see any reason why they should be. They didn't get pregnant in school so it was none of the school's business.

It seems highly impertinent of the Japanese school to punish one of their pupils for possibly doing something that is none of their concern. This kind of officious, overbearing bullying is far too prevalent in Japan and should be challenged whenever and wherever it is found.

1 ( +2 / -1 )

I agree with all comments concerning the actual details. There may be a number of reasons why the details are, at present, unknown to all except the people concerned. From my own point of view, sex between consenting adults, taking into account any pacts/ agreements established as binding, is absolutely nobody on the planets business but those consenting adults who choose to take part. And 'choose' is important. Any kind of coercion is unacceptable.

1 ( +1 / -0 )

A further issue - as demonstrated by bullfighter's own comments - is that Japanese people, including the eloquent educated English speakers like Bullfighter, hate outside criticism of their own country such much that they complain about it even when they know it is justified.

That is not the issue. Foreign criticism of domestic issues is irrelevant and inappropriate. Moreover, if it is made by foreigners in and foreign language venue, it is not constructive criticism but rather foreigners staking out a claim for moral and even racial superiority.

If you want to make constructive criticism, you are welcome to do so, but do it in Japanese so it gets read by those with a chance of making change rather than just by other foreigners who will almost certainly use it to confirm their notions of moral and racial superiority.

-5 ( +0 / -5 )

Let people have sex, there is quite literally nothing wrong with it

A modern view, obviously not shared by the school administrators. The modern view is based on the concept of individual liberty. The traditional view is not.

2 ( +2 / -0 )

School rules are school rules. His parents read the contract and they both signed it....

-1 ( +0 / -1 )

No sex, no makeup, no piercings, no going onto school property without uniform... to name a few.

Don't worry, this is all just leading to your successful career at Japan Inc. where people go to fit into the machine and not question the directions from the top.

I hope this lawsuit wins big and frees children from a vanilla childhood where everything is done exactly by the book

1 ( +1 / -0 )

TL:DR but I'm with the student on this, unless like others speculate, it was on the school premises. Even then I think expelling the student is much harsher than just a few days suspension. Shouldn't be expelled unless a student is a repeat offender in excess, or commits worse crimes than... sex!

And Japan still needs to improve it's Sex Ed classes.

0 ( +0 / -0 )

An elementary school principal asked me once about the differences between schools in Japan and my home country. I told him how people (parents, teachers, students) can change the rules if they don't feel the rule is relevant. He looked astonished that I felt rules could be changed. Reminding him that he was the principal of the school revealed he did not really want the job because of all the responsibility.

This student should not have to send the issue to court but everyone involved has a responsibility to able to discuss this -- and admit the rules or punishment need to be changed. More debate and compromise is needed to prevent these kinds of issues going to court.

0 ( +0 / -0 )

I'm not saying blame the girl but if you want to enforce the rules why not punish them both. Double standards here as always.

0 ( +0 / -0 )

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