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Chapter Law Content

Chapter 4 Prevention of Sexual Assault, Sexual Harassment, and Sexual Bullying on Campus
Article 20
The central competent authority shall formulate regulations governing the prevention and handling of sexual assault, sexual harassment, or sexual bullying incidents on campuses. These regulations shall encompass campus safety plans, directions regarding on-campus and off-campus instruction and interpersonal interaction, and mechanisms, and procedures for handling any case of sexual assault, sexual harassment, or sexual bullying on campus, and the remedy methods available.
Educational institutions shall formulate prevention regulations in accordance with the regulations referred to in the previous paragraph and make them publicly known.
Article 21
If the principal or president, or a teacher, non-teaching staff member, or other worker at an educational institution becomes aware that an incident of suspected sexual assault, sexual harassment, or sexual bullying has occurred on the campus where they are employed, they shall immediately report the incident in accordance with their responsibilities set out in the prevention regulations of that educational institution, and in accordance with the provisions of the Sexual Assault Crime Prevention Act, the Protection of Children and Youths Welfare and Rights Act, the People with Disabilities Rights Protection Act, and of other relevant legislation. They shall also report the incident to the educational institution and to the local special municipality, county, or city level competent authority no later than twenty-four hours after becoming aware of the incident.
The principal or president, or a teacher, non-teaching staff member, or other worker at an educational institution is not permitted to forge, alter, destroy, or conceal evidence pertaining to any incident of sexual assault, sexual harassment, or sexual bullying on campus perpetrated by some other person(s).
An educational institution or competent authority handling any on-campus sexual assault, sexual harassment, or sexual bullying incident shall delegate the handling of the investigation of the matter to its gender equity education committee. No person is permitted to set up any separate investigation mechanism, and any investigation conducted in violation of this provision will have no standing.
Article 22
When handling the investigation of any on-campus incident of sexual assault, sexual harassment, or sexual bullying, the educational institution or competent authority shall act in accord with the principles of objectivity, fairness, and professionalism and allow both parties involved sufficient opportunity to make a statement and respond to comments and/or allegations. The educational institution or competent authority shall avoid repeatedly asking the same questions.
The names of the parties involved and of any person who reported an incident, and other information sufficient to identify them shall be kept confidential, unless doing so is necessary for the investigation or based on consideration of public safety.
Article 23
During the period when it is handling an incident of sexual assault, sexual harassment, or sexual bullying on campus, the educational institution or competent authority may take necessary measures to protect the right to education and/or employment of the party or parties involved.
Article 24
An educational institution or competent authority handling an on-campus sexual assault, sexual harassment, or sexual bullying incident shall inform the victim or their legal representative of the victim’s rights and the various avenues for remedy, or refer the victim or their legal representative to an associated institution/ to deal with the matter. When necessary, psychological counseling, protective measures, or other assistance shall be provided. If there is any concern that any person who reported an incident might be subject to being any assaulted, the educational institution or competent authority shall also provide necessary protective measures or other assistance.
The educational institution or competent authority may commission professional personnel such as a physician, clinical psychologist, consultant psychologist, social worker, or lawyer to provide the psychological counseling, protective measures, or other assistance referred to in the previous paragraph.
Article 25
Once an educational institution or competent authority has investigated and confirmed that an incident of sexual assault, sexual harassment, or sexual bullying on campus has actually occurred, the educational institution or competent authority shall, in accordance with the provisions of pertinent laws or regulations, itself impose a formal reprimand, demerit, dismissal, suspension of appointment, non-renewal of appointment, discharge from employment, termination of a contractual relationship, termination of a service relationship, or some other appropriate disciplinary action on the perpetrator, or it shall refer the perpetrator’s case to another responsible authority to do so.
When imposing disciplinary action for sexual harassment, or sexual bullying incidents, the educational institution, competent authority, or another responsible authority or other responsible authority shall order that the perpetrator receive psychological counseling, and it may also order that person to comply with one or more of the following disciplinary measures:
1. Apologize to the victim, if the victim or their legal representative has given consent.
2. Attend eight hours of gender equity education related courses.
3. Other measures that serve an educational purpose.
The educational institution or competent authority may commission professional personnel such as a medical doctor, clinical psychologist, consultant psychologist, social worker, or lawyer to provide the psychological counseling referred to in the previous paragraph.
In a case of an on-campus sexual harassment or sexual bullying incident that was not serious in nature, the educational institution, competent authority, or another responsible authority may confine itself to acting in accordance with the provisions of Paragraph 2, for the required handling of the matter.
When any disciplinary action referred to in Paragraph 1 involves a change to the perpetrator’s status, the person shall be given an opportunity to make a written statement.
Any disciplinary measure referred to in Paragraph 2 shall be implemented by the educational institution or competent authority that imposes it, and when doing so, the educational institution or competent authority shall take all necessary measures to ensure the perpetrator’s full cooperation and compliance.
Article 26
During the investigation of a case of sexual assault, sexual harassment, or sexual bullying on campus, the educational institution or competent authority may, depending on the situation, provide details of related matters, and the ways and principles being used in the handling of the incident. After the handling of the case has been finalized and with the consent of the victim or their legal representative, the educational institution or competent authority may also make public whether it was established that an incident actually occurred, the nature of the incident, and the way that the incident was handled. The educational institution or competent authority is not, however, permitted to reveal the names of the parties involved or any other information sufficient to identify them.
Article 27
Each educational institution or competent authority shall establish archives of data on incidents of on-campus sexual assault, sexual harassment, and sexual bullying.
When a perpetrator who is a student transfers to another educational institution to study, if the competent authority and the educational institution where the perpetrator was studying before the transfer consider that follow-up counseling is necessary, shall send a report to the educational institution where the perpetrator is studying within one month of the date of becoming aware of the transfer.
When a perpetrator who is not a student transfers to work at another educational institution, the competent authority and the educational institution where the perpetrator formerly worked shall provide follow-up counseling and shall send a report to the educational institution where the perpetrator next works.
An educational institution that receives the sent report referred to in either of the previous two paragraphs shall implement any necessary follow-up counseling for the perpetrator. The educational institution is not permitted to reveal the perpetrator’s name or any other information sufficient to identify that person without proper reason.
The regulations governing the establishment, means of retention, duration of retention, destruction, and use of the archives of data referred to in Paragraph 1, and the sent report and other associated matters referred to in Paragraph 2 and Paragraph 3, shall be prescribed in accordance with the prevention regulations referred to in Article 20, Paragraph 1.
Article 27-1
If an investigation conducted by the gender equity education committee of an educational institution 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 educational institution has appointed or employed, or to some other staff member with whom the educational institution 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. The person has committed sexual assault, or committed sexual harassment or sexual bullying of a serious nature.
2. The person has committed sexual harassment or sexual bullying not of a serious nature, but the educational institution determines it necessary to dismiss the person, revoke their appointment, terminate the contractual relationship, or terminate the service relationship, as applicable, and after examining and considering the circumstances of the case, shall formally decide on a period of between one and four years during which time, the educational institution is not permitted to appoint, employ, enter into a contract with, or engage the services of that person.
A person involved in any circumstances referred to in Subparagraph 1 of the previous paragraph apply, any educational institution 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 educational institution 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 an educational institution 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 an educational institution 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 committed sexual harassment or sexual bullying of a serious nature, then that person is not permitted to be employed, appointed, entered into a contract with, or have their services engaged. If such a person has already been employed, appointed, entered into a contract with, or had their services engaged, the educational institution shall dismiss the person, revoke their appointment, or terminate the contractual or service relationship, as applicable. The same shall apply if the gender equity education committee of an educational institution has investigated and verified sexual harassment or sexual bullying that was not of a serious nature was committed and has formally decided on a period of between one and four years, during which time an educational institution is not permitted to employ, appoint, enter into a contract with, or engage the services of that person.
The competent authorities and educational institutions at 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 three paragraphs apply.
Before appointing or employing any educator, or entering a contract with or engaging any other staff member, an educational institution 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 7, shall check whether the candidate has ever committed any sexual assault, sexual harassment, or sexual bullying. Such checks shall be undertaken on a regular basis of persons already employed, appointed, entered into a contract with, or whose services engaged are being engaged.
When assisting educational institutions to undertake the inquiries referred to in the previous paragraph, the competent authorities at each level may use the database compiled by the central social welfare competent authority of individuals who have been penalized in accordance with the provisions of Article 20 of the Sexual Harassment Prevention Act.
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 Paragraphs 1 to 3 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 Paragraph 4 and of subsequent paragraphs up to the immediately previous paragraph. 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 educational institution.
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, during the investigation period the educational institution 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.