Chapter 4 Prevention and handling of gender-related incidents on campus
Article 21
The central competent authority shall establish guidelines for preventing and handling gender-related incidents on campus. These guidelines shall include campus safety plans, matters needing attention regarding on- and off-campus instruction and activities as well as interpersonal interaction, ethical considerations for principals and faculty members regarding sex- or gender-related matters, matters related to self-initiated disclosure, and handling mechanisms, procedures, and relief for gender-related incidents on campus.
Schools shall prescribe and promulgate prevention and control regulations in accordance with the aforesaid guidelines. Schools at the senior high and higher levels shall prescribe and promulgate relevant regulations or professional ethical standards in accordance with the previous Paragraph.
Schools shall actively promote education on the prevention of gender-related incidents, with the aim of increasing respect among principals, teachers, staff members, workers, and students for the bodily autonomy of others and oneself. Schools shall conduct annual gender-related incident prevention education and advocacy events, and evaluate their effectiveness.
Article 22
Should a principal, teacher, staff member, or worker become aware of a suspected gender-related incident occurring at the school where they are employed, they shall report the incident to the school authorities designated in the school's prevention and control regulations. The school authorities shall handle the matter in accordance with the following provisions no later than twenty-four hours after receiving the report:
1. Report the incident to the school's competent authority.
2. Report the incident to the competent social welfare authority of the municipality or county (city) where the school is located in accordance with the Sexual Assault Crime Prevention Act, The Protection of Children and Youths Welfare and Rights Act, the People with Disabilities Rights Protection Act, and other pertinent laws and regulations.
The principal, teacher, staff member, or worker of the school shall not falsify, alter, destroy, or conceal evidence of gender-related incidents on campus in which others are implicated.
In handling a gender-related incident on campus, the school or competent authority shall turn over the case to its Gender Equity Education Committee for investigation and handling. No person shall establish any other means of investigation, and the results of investigations conducted by violators shall be null and void.
Article 23
When investigating a gender-related incident on campus, the school or competent authority shall be objective, fair and professional, allowing both involved parties sufficient opportunities to make their statements and respond to allegations. Repetitive interrogation shall be avoided.
The involved parties' and informant's name and other information that may lead to personal identification shall be kept confidential, except when necessary for investigative purposes or to allay public safety concerns.
Article 24
When investigating a gender-related incident on campus, the school or competent authority shall take necessary measures for the protection of the involved parties' rights to education and employment, and must not use unequal power or status to act in a manner that could affect the victim's rights to education or employment, or to request an investigation.
Article 25
In handling a gender-related incident on campus, the school or competent authority shall inform the victim and his/her guardian or de facto custodian of his/her rights and avenues for relief, or refer him/her to relevant institutions for resolution. In addition, based on his/her needs, psychological counseling and guidance, or other types of professional services shall be provided. When necessary, protective measures, legal assistance, referrals to social welfare resources, or other assistance shall be provided. When an informant is at risk of harm, necessary protective measures or other assistance shall be provided.
The school or competent authority shall appoint a physician, clinical psychologist, counseling psychologist, social worker, or lawyer to provide the aforementioned psychological counseling and guidance, protective measures, legal assistance, or other assistance.
If a student is the victim of sexual assault, sexual harassment, or sexual bullying, but is not within the definitional scope of this Act, the school with which the student is affiliated may apply the provisions of the preceding two Paragraphs accordingly.
Article 26
Once a gender-related incident on campus has been investigated and established as having actually occurred by the school or competent authority in accordance with the pertinent laws or regulations, the school or competent authority shall itself impose a formal reprimand, demerit, dismissal, suspension, non-renewal of contract, discharge from employment, termination of a contractual relationship, termination of a service relationship, or some other appropriate penalty on the offender, or transfer him or her to another authorized agency with the jurisdiction to do so.
When handling a gender-related incident on campus, the school, competent authority, or other authorized agency with the jurisdiction to take disciplinary measures and impose penalties shall in addition order that the offender receive psychological counseling, and may also order that he/she must comply with one or more of the following measures, except for an offender already subject to a lifetime ban on appointment, employment, contractual relationship, or service relationship.
1. Apologize to the victim, if the victim, his/her legal guardian, or his/her de facto custodian gives consent. When a legal guardian or de facto custodian consents, the best interests of the child or minor shall be given priority, and his/her opinions shall be weighed based on his/her level of mental maturity.
2. Attend eight hours of gender equity education related courses.
3. Other measures that serve an educational purpose.
The school or competent authority shall appoint a physician, clinical psychologist, counseling psychologist, social worker, or lawyer to provide the aforementioned psychological counseling and guidance.
In cases in which the incident of sexual harassment, sexual bullying, or sex- or gender-related behavior by a principal or faculty member that violates professional ethical standards was not serious in nature, the school, competent authority, or authorized agency may just act in accordance with the stipulations of Paragraph 2, as the necessary element of handling the matter.
When any disciplinary measure referred to in Paragraph 1 involves a change to the offender’s status, the offender shall be given an opportunity to make a written statement presenting his or her views.
Any disciplinary measure listed in Paragraph 2 shall be implemented by the school or competent authority that imposes it, and when doing so, the school or competent authority shall take all necessary measures to ensure the offender’s full cooperation and compliance.
When Subparagraph 1 of Paragraph 2 is applied and the involved parties are both students, the school may utilize restorative justice or other counseling strategies to encourage relationship repair.
Article 27
During the investigation of a gender-related incident on campus, the school or competent authority may make public a description of pertinent matters, handling methods, and principles where necessary. After the case has been closed and upon the approval of the victim, his/her guardian, or his/her de facto custodian, the school or competent authority may also make public whether the case is established, the type of the case, and handling method of the case. Party names and other information that may lead to their identification shall not be revealed.
Article 28
The school or competent authority shall establish a database of gender-related incidents on campus, as well as profiles of offenders.
If the offender is a student and transfers to another school for studies, the former competent authority and the school where the offender originally studied shall, in such cases as they consider there to be a need for follow-up counseling, notify the new school where the offender studies within one month of the date of knowing such transfer.
If the offender is not a student and transfers to another school for employment, the former competent authority and the school where the offender was originally employed shall provide follow-up counseling, and notify the new school where the offender is employed within one month of the date of knowing such transfer.
The notified school described in the previous two Paragraphs shall keep track of the offender and provide counseling where necessary. The school shall not reveal the offender’s name or other information that may lead to his or her identification without legitimate reason.
The establishment, means of retention, duration of retention, destruction, and use of the database mentioned in Paragraph 1, and the school notification and other pertinent matters mentioned in Paragraphs 2 and 3, shall be prescribed in accordance with the principles of prevention prescribed in Article 21, Paragraph 1.
Article 29
If an investigation conducted by the gender equity education committee of a school or by an appropriate committee set up in accordance with the law confirms that any of the circumstances listed below apply to an educator that the school has appointed or employed, or to some other staff member with whom the school has entered a contract or whose services it has engaged, the educational institution shall dismiss the person, revoke their appointment, terminate the contractual relationship, or terminate the service relationship, as applicable:
1. In cases of sexual assault, or in cases of sexual harassment, sexual bullying, or sex- or gender-related behavior by a principal or faculty member that violates professional ethical standards and warrants a lifetime ban on appointment, employment, contractual relationships, or service relationships.
2. In cases of sexual harassment, sexual bullying, or sex- or gender-related behavior by a principal or faculty member that violates professional ethical standards where it is necessary to dismiss the person, revoke his/her appointment, terminate the contractual relationship, or terminate the service relationship, and after considering the circumstances of the case, a decision is made that the school may not appoint, employ, enter into a contract with, or engage the services of the individual for a period of one to four years.
A person involved in any circumstances referred to in Subparagraph 1 of the previous paragraph apply, any school at any level is not permitted to appoint, employ, enter into a contract with, or engage the services of that person. If such a person has already been appointed, employed, entered into a contract with, or had their services engaged, the school shall revoke the appointment, discharge the person from employment, terminate the contractual relationship, or terminate the service relationship, as applicable. The same shall apply in the case of a person involved in any circumstances described in Subparagraph 2 of the previous paragraph and a period of between one and four years has been formally decided on, during which time a school is not permitted to employ, appoint, enter into a contract with, or engage the services of that person.
If the gender equity education committee of a school has investigated and verified that a personnel member to whom the dismissal from employment, revocation of appointment, or termination of a contractual or service relationship referred to in the provisions of Paragraph 1 do not apply has committed sexual assault, or in cases of sexual harassment, sexual bullying, or sex- or gender-related behavior by a principal or faculty member that violates professional ethical standards and warrants a lifetime ban on appointment, employment, contractual relationships, or service relationships, or behavior in violation of the Child and Youth Sexual Transaction Prevention Act or the Child and Youth Sexual Exploitation Prevention Act, then appointment of, employment of, contractual relationships with, and service relationships with that person are not permitted. If the person has already been appointed or employed, or if a contractual or service relationship exists with the person, the school shall revoke the appointment, dismiss the person, terminate the contract, or terminate the service relationship, as applicable. The same shall apply if the school's gender equity education committee has investigated and verified sexual harassment, sexual bullying, sex- or gender-related behavior by a principal or faculty member that violates professional ethical standards, violations of the Act for the Prevention and Control of Child and Youth Sexual Exploitation, or violations of the Act for the Prevention and Control of Child and Youth Prostitution that does not warrant a lifetime ban on appointment, employment, contractual relationships, or service relationships and has formally decided on a period of between one and four years, during which time a school is not permitted to appoint, employ, enter into a contract with, or engage the services of that person.
Article 30
The competent authorities and schools of all levels shall undertake reporting, and collection and checking of information regarding any persons to whom any of the circumstances referred to in the previous Article apply.
Before appointing or employing any educator, or entering into a contract with or engaging the services of any other person, a school shall, in accordance with the provisions of the Sexual Assault Crime Prevention Act, check whether or not the candidate has any record of criminal sexual assault, and in accordance with the regulations referred to in Paragraph 4, shall check whether the candidate has ever been implicated in sexual assault, sexual harassment, sexual bullying, or sex- or gender-related behavior by a principal or faculty member that violates professional ethical standards, or acted in violation of the Child and Youth Sexual Transaction Prevention Act or the Child and Youth Sexual Exploitation Prevention Act. Such checks shall be undertaken on a regular basis of persons already employed, appointed, entered into a contract with, or whose services are being engaged.
When assisting schools to undertake the checking referred to in the preceding Paragraph, the competent authorities at each level may use the database of persons who have been subject to an administrative penalty that was compiled by the central competent social welfare authority, in accordance with the provisions of the Child and Youth Sexual Exploitation Prevention Act, or Article 27 of the Sexual Harassment Prevention Act, as well as the database compiled by the central competent labor authority under the Act of Gender Equality in Employment of incidents related to sexual harassment prevention.
The regulations governing the reporting, and the collection, checking, handling, and use of information, and other related matters referred to in the previous three paragraphs shall be prescribed by the central competent authority.
The revocation of appointment, suspension of appointment, discharge from employment, permanent dismissal from employment, suspension of employment, or discharge from military service of personnel referred to in the previous Article to whom the Teachers' Act, the Act Governing the Appointment of Educators, relevant laws governing civil servants, or relevant laws governing military personnel are applicable shall be conducted in accordance with the applicable provisions of those laws, and the provisions of the previous four Paragraphs. In cases where dismissal, revocation of appointment, permanent dismissal from employment, or discharge from military service has not occurred, the person shall be transferred away from their current position at the school.
For any personnel member not referred to in the previous paragraph who has been involved in any of the circumstances referred to in Paragraph 1 or Paragraph 3 of the previous Article, during the investigation period the school or the competent authority shall order the person to be temporarily suspended from employment following a resolution by the gender equity education committee; if the reason(s) for the temporary suspension of employment ceases to exist and the person is reinstated, any salary that they were not paid during the suspension period shall be paid to the person in arrears in accordance with the provisions of relevant regulations.