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Chapter Law Content

Title: Junior College Act CH
Category: Ministry of Education(教育部)
Chapter 3 Organization & Meetings
Article 13
A junior college shall have one president appointed. The president is responsible for the overall management and development of college affairs, and serves a set term of office. A junior college may put in place one vice president to assist the president undertake and advance college affairs. The vice president shall be appointed by the president. The regulations governing the term of office, and qualifications for serving as vice president shall be set out in the charter and by-laws of each junior college.
The qualifications for serving as president shall be in accordance with relevant laws and ordinances. A foreign citizen may fill the post of president: such an appointment is not subject to the restrictions pertaining to the employment and supervision of foreigners stipulated in the provisions of Article 10, Paragraph 1, Subparagraph 8, or Article 20 of the Nationality Law of the Republic of China, or in Articles 42 to 62 of the Employment Service Act.
Article 14
Presidents of public junior colleges serve a four-year term of office and may be reappointed to serve a further term when their term expires. The procedure for their reappointment, the number of times they may be reappointed; and different manners in which they might leave office before their term of office ends shall be set out in the charter and by-laws of each junior college. The regulations governing the term of office and reappointment of the president of a private junior college shall be set out in the charter and by-laws of each junior college.
Article 15
For the appointment of a new president of a public junior college, the Ministry of Education or the municipal government shall organize a selection committee ten months prior to the expiry of the term of office of the incumbent president, or within two months after the post becomes vacant through some other cause. After being selected through an open selection procedure, the new president shall be officially appointed by the Ministry of Education or the municipal government. The members of the selection committee shall include at least one representative of the Ministry of Education or the municipal government, representatives of the junior college, and impartial upright members of the community. The impartial upright members of the community shall comprise at least one-half of the committee.
The regulations governing its organization and operation, and other associated matters that must be complied with regarding the selection committee referred to in the preceding paragraph shall be prescribed by the Ministry of Education in the case of national junior colleges, and by the municipal government in the case of municipal junior colleges.
For the appointment of the president of a private junior college, the board of directors of the foundation of that junior college shall organize a selection committee to identify a number of appropriate candidates, and the board of directors shall select one of those candidates. The candidate that is selected shall be appointed after their selection is approved by the Ministry of Education.
People of each gender shall account for one-third or more of the members of the selection committee referred to in Paragraphs 1 and 3.
The Ministry of Education or the municipal government shall conduct a performance evaluation one year before the term of office of a junior college president ends. The findings obtained shall be used for reference when considering whether to reappoint that president for a further term.
A public junior college president who states that they do not want to extend their term of office during a performance evaluation by the Ministry of Education or the municipal government, or who fails to satisfactorily pass the a performance evaluation to continue holding the post shall not participate in the selection process for the next president of that same junior college.
Article 16
For the appointment of a president of a newly established junior college, in the case of a national junior college the Ministry of Education shall set up a selection committee to select and appoint the president directly; in the case of a municipal junior college, the municipal government shall select two or three candidates and submit their details to the Ministry of Education which shall, in turn, set up a selection committee to select and appoint the president. In the case of a private junior college, the board of directors of the college foundation shall select a candidate and report to the Ministry of Education for approval to appoint the person selected.
People of each gender shall account for one-third or more of the total number of members of the selection committee referred to in the preceding paragraph.
Article 17
Each department in a junior college shall have a head of department who is responsible for overall management of department affairs.
The term of office to be served by heads of department, and the selection process shall be in accordance with the procedures set out in the charter and by-laws of each junior college. Heads of department are appointed by the college president from among the full-time teachers at a rank of at least full-time assistant professor level or full-time vocational and technical instructors of at least assistant professor level and serve in a concurrent capacity.
In response to the college’s development requirements, junior colleges may establish a deputy head of department position in departments which are of a scale that warrants it and have an extensive or complex range of duties. Deputy heads of department shall be appointed by the college president from among the full-time teachers at a rank of at least lecturer level or full-time vocational and technical instructors of at least full-time lecturer level, and serve in a concurrent capacity.
The deputy head of department shall assist the head of department undertake and promote the academic responsibilities of the department.
Details of the term of office of heads of department and deputy heads of department, procedures for their reappointment, dismissal, and other associated matters that must be complied with shall be stipulated in the charter and by-laws of each junior college.
Article 18
To achieve the goals set out in Article 1, junior colleges may set up various administrative units and/or convene various meetings. An administrative unit may set up various subsections to deal with particular matters. The name of each administrative unit, the tasks and duties of the meetings convened, assigned jurisdictions, allocation of tasks, eligibility criteria for serving as an administrative unit director, and other associated matters that must be complied with shall be set out in the charter and by-laws of each junior college.
In public junior colleges, the persons in charge of the administrative units responsible for academic affairs, and for student affairs shall be appointed from among full-time teachers of at least associate professor level or full-time vocational and technical instructors of at least associate professor level, and serve in a concurrent capacity. The persons in charge of other administrative units may be appointed from among full-time teachers of at least assistant professor level, full-time vocational and technical instructors at the level of at least full-time assistant professors, to serve in a concurrent capacity, or be appointed from among staff members. Related details shall also be set out in the charter and by-laws of each junior college.
The provisions of the laws governing public servants and educational personnel apply for the employment of other non-teaching staff of public junior colleges. The employment of staff who work in the human resources and accounting affairs areas shall also be undertaken in accordance with relevant personnel and accounting related laws and regulations.
Members of the non-executive staff at national junior colleges may be employed on a contract basis and are not subject to the regulations referred to in the preceding paragraph. Their rights and obligations shall be explicitly set out in their contract.
Article 19
Based on and in line with teaching and practicum and internship needs, junior colleges may separately establish affiliated bodies to provide practicums and internships or do experimental work. The related regulations shall be formulated by each college and submitted to the Ministry of Education for review and approval in the case of national junior colleges, and in the case of a municipal junior college, submitted to the municipal government concerned for review and approval.
Article 20
Junior colleges shall put in place a military training office director and military instructor positions. The regulations governing the personnel establishment, qualifications, and selection shall be prescribed by the Ministry of Education in conjunction with the Ministry of National Defense. The regulations governing their responsibilities and powers, assignment, reassignment, continuing education, grievances and appeals, and other associated matters shall be prescribed by the Ministry of Education.
The regulations governing the qualifications, selection and appointment, assignment, and transfer of nursing teachers teaching nursing courses as part of the military training in junior colleges shall be prescribed by the Ministry of Education.
Article 21
Each junior college shall set up a governing board, composed of the college president, vice president, teacher representatives, the heads of academic affairs and administrative affairs, representatives of non-teaching staff, student representatives, and representatives of other personnel concerned.
The teacher representatives, representatives of non-teaching staff, and student representatives referred to in the preceding paragraph shall be chosen by election. The combined number of teacher representatives, representatives of non-teaching staff, and student representatives, all chosen by election, may not be less than one-half of the total number of board members. The proportion of student representatives may not be less than one-tenth of the total number of board members. The number of board members, the percentages of various categories of board members, and the methods of selection shall be set out in the charter and by-laws of each junior college.
Meetings of each junior college’s governing board shall be convened by the president, at least once each semester. If an extraordinary junior governing board meeting is requested in writing by a minimum of one-fifth of the number of members constituting a quorum, the president shall convene the extraordinary meeting within fifteen days.
When necessary, the junior college’s governing board may establish a various committees or special task groups to undertake duties as assigned by the board. Their names, duties, and how they are formed shall be set out in the charter and by-laws of each junior college.
Article 22
The governing board of each junior college shall deliberate on the following matters:
1. The college’s development plan and budget.
2. The college’s organizational charter, and other important regulations.
3. The establishment, alterations to, and closure of the college and any subsidiary bodies.
4. Academic affairs, student affairs, general affairs, practicums, and other significant college matters.
5. Study and discussion of the college’s regulations governing the teaching evaluation.
6. Matters to be decided on by committees or special task groups set up by the governing board.
7. Matters proposed by the board and matters delegated by the college president.
Article 23
Junior colleges shall put in place a system of academic advisors and tutors to assist teachers to exercise their professional responsibility to provide guidance and advice, and to enhance students’ learning, life coping skills, and their capacity to exercise autonomy. The implementation regulations shall be formulated by each junior college.