These regulations are promulgated pursuant to Paragraph 3 of Article 16 of the Sexual Harassment Prevention Act (hereinafter referred to as the Act).
The parties directly involved in a sexual harassment incident who want to apply for meditation according to Article 16 of the Act shall apply to the competent authority of municipality and county (city) government with jurisdiction.
When receiving the applications, the competent authority of municipality and county (city) government should immediately transfer this case to the Committee of Sexual Harassment Prevention.
If the competent authority of municipality and county (city) government receives the application for meditation that is out of its jurisdiction, the case shall be transferred to the competent authority of municipality and county (city) government with jurisdiction and inform those directly involved.
The Committee of Sexual Harassment Prevention shall assign 1-3 member(s) of the Committee of Sexual Harassment Prevention or hire 1-3 scholar(s) with law knowledge and sense of gender equality to be mediators of sexual harassment incidents (hereinafter referred to as the mediators) within ten days after the competent authority of municipality and county (city) government receiving the application. With the agreement of two parties directly involved in a sexual harassment incident, one mediator can proceed the meditation procedure directly.
After being assigned, the mediators shall decide the date of meditation, inform the victims or their attorneys, and send a copy of the application form or written record of statements for verbal application to the other party.
The date of meditation mentioned in the preceding paragraph shall not be more than twenty days after the mediators are assigned. However, if any party directly involved applies for extension, the date may be extended by another ten days.
The mediators shall proceed the meditation procedure personally and may not appoint representative to act on behalf of him.
Any party directly involved in a sexual harassment incident need to apply for meditation in either a written statement or verbally. If an applicant prefers to use the verbal method, a written record of statements should be made. Appling with written statement, the applicant shall provide copies with the same number of the other party.
The application form or written record of statements mentioned in the preceding paragraph shall record the following items and be sealed or signed by the applicant or his attorneys:
1. Name, gender, date of birth, ID number or passport number of the applicant. Name of the unit and school where the applicant serves or studies and his/her title. His domicile or address and phone number.
2. Name, gender, address or domicile and phone number. If the organizations, troops, schools, or employers he related to is known, please record the name.
3. Where the applicant has a guardian, the guardian's name, gender, date of birth, ID number or passport number, job, domicile or address and phone number.
4. Where the applicant has an attorney, the attorney's name, gender, date of birth, ID number or passport number, job, domicile or address and phone number, and power of attorney.
5. The cause to be reconciled and the situation of the argument.
6. Date of meditation.
Regarding meditation where procedures are involved on part of himself or his family members, the mediators shall recuse.
The condition mentioned in the preceding paragraph shall be carried out after those directly involved file recusal application. The mediators against whom the application for recusal is made shall stop meditation procedures before obtaining further approval of the Committee of Sexual Harassment Prevention.
If the mediators don't follow the regulation prescribed in Paragraph 1 and those directly involved also don't file recusal application, the Committee of Sexual Harassment Prevention shall order the mediators to recuse.
The meditation procedure shall be conducted at the competent authority of municipality and county (city) government or other appropriate venues and hosted by the mediators.
The meditation procedures may not be open, unless otherwise agreed to by those directly involved.
The mediators and other staffs responsible for medication cases should keep the contents of mediation matter confidential unless those matters have been publicly disclosed.
Any party does not appear at the meditation without due course on the date of meditation, the meditation shall be presumed to have not been completed. If the mediators think there is any possibility to complete the meditation, they may reschedule a mediation date.
The meditation shall focus on the investigation of fact and the argument between both parties and may also make necessary investigation.
When the mediators proceed the meditation according to this Regulations, they may request the assistance of the related authorities if necessary.
The mediators shall not proceed the meditation by force, coercion, or cheats, prohibit the victim to propose lawsuit or initiate any private prosecution or action, or conduct any suspected crimes.
If the mediation fails, those directly involved may apply for the certificate of failure of mediation.
The certificate mentioned in the preceding paragraph shall be issued within seven days after being applied.
The Regulations shall be implemented from February 5, 2006.