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Chapter Law Content

Chapter 5 Application for Investigation and Remedy
Article 28
When an educational institution violates some provision(s) of this Act, the victim or their legal representative may apply to the competent authority for that educational institution for an investigation to be conducted.
The victim of an on-campus sexual assault, sexual harassment, or sexual bullying incident or their legal representative may apply in writing to the educational institution where the perpetrator works or studies for an investigation to be conducted. If, however, the perpetrator is the person in charge of the educational institution, the application for an investigation to be conducted shall be made to the competent authority for that educational institution.
If any person becomes aware of any incident referred to in the previous two paragraphs, they may report the matter to the educational institution or competent authority in accordance with its prescribed procedures.
Article 29
Within twenty days after receiving an application for investigation to be conducted or a report of an offense, an educational institution or competent authority shall send a written notification to the applicant or the person who reported an incident to inform them whether the matter will be proceeded further with.
When an educational institution or competent authority receives an application for investigation to be conducted or a report of an offense, it shall decline to proceed further in any of the following circumstances:
1. The incident(s) is in a category that is not covered by the provision of this Act.
2. The applicant or the person who reported an incident has not provided their real name.
3. The case has already been fully dealt with and closed.
A written notification regarding the declining to proceed further referred to in the previous paragraph shall set out the reason(s) for not proceeding further.
If the applicant or person who has reported an incident does not receive a notification within the time specified in Paragraph 1 or within twenty days from the day following the day that a person receives a notification that the educational institution or competent authority declines to proceed further, a person may lodge a preliminary appeal with the educational institution or competent authority, setting out the grounds in writing.
Article 30
After receiving an application or a report of an offense referred to in Paragraph 1 of the previous article, an educational institution or competent authority shall delegate the matter to its gender equity education committee within three days to handle an investigation, except when the circumstances referred to in Paragraph 2 of the previous article apply.
When the gender equity education committee of an educational institution or competent authority is handling an incident referred to in the previous paragraph, it may set up an investigation team to investigate the matter; when necessary, some or all appointed members of the investigation team may be persons from outside the educational institution or competent authority. The same shall apply for cases that occurred before the amendments to this Act came into effect on December 7, 2018.
Members of the investigation team shall have an awareness of gender equity, and the number of female members is not permitted to be fewer than half of the total number of members. At least one-third of any investigation team at the educational institution level and at least one half of any investigation team at the competent authority level shall be experts or scholars with professional expertise in the investigation of incidents of sexual assault, sexual harassment, or sexual bullying. When the parties involved belong to different educational institutions each investigation team shall also include one or more representatives of the educational institution with which the victim is affiliated.
When a gender equity education committee or an investigation team carries out an investigation in accordance with the provisions of this Act the perpetrator, the applicant, and any person(s) who or unit(s) which have been asked to assist in the investigation shall cooperate and provide pertinent information.
Applicable provisions of the Administrative Procedure Law regarding jurisdiction, referral of cases, recusal, service of notifications, and amendments shall be applied in this Act or apply, mutatis mutandis.
The handling of the investigation of a case by a gender equity education committee will not be affected by any judicial procedures regarding the same case.
When investigating and handling a case, the gender equity education committee shall take into account the difference in power between the two parties.
Article 31
The gender equity education committee of the educational institution or competent authority shall complete its investigation of a case within two months from the date the application or a report of an offense is accepted. If necessary, the investigation may be extended. A maximum of two extensions is permitted and each extension is not permitted to exceed one month. The applicant, any person who reported the incident, and the perpetrator shall be notified of any extension.
After the gender equity education committee completes the investigation, it shall submit a written investigation report and its recommendations for the handling of the matter to its educational institution or competent authority.
Within two months after receiving the investigation report referred to in the previous paragraph, the educational institution or competent authority shall itself determine the disciplinary action to be taken in accordance with the provisions of this Act or other applicable laws or regulations or shall refer the matter to another responsible authority to do so. The educational institution or competent authority shall also send a written notification of the outcome of its handling of the case to the applicant, any person who reported the incident, and the perpetrator, setting out the facts established and the reasons.
When undertaking the determination of the disciplinary action to be taken referred to in the previous paragraph, the educational institution or competent authority may ask one or more representatives of its gender equity education committee to attend a meeting as a non-voting member to provide explanatory details.
Article 32
If the applicant or the perpetrator is dissatisfied with the outcome of the handling of the case referred to in Paragraph 3 of the previous article, they may lodge a preliminary appeal with the educational institution or competent authority, setting out the grounds in writing, with within twenty days from the day after the day on which they received the written notification.
The preliminary appeal referred to in the previous paragraph may only be lodged one time.
If the educational institution or competent authority discovers that there were major flaws in the investigation procedure, or some new fact or evidence that is sufficient to affect the determination made on the basis of the original investigation, it may request its gender equity education committee to reinvestigate the case.
Article 33
When a gender equity education committee receives a request for a reinvestigation from an educational institution or competent authority, as referred to in the previous paragraph, it shall organize a new investigation team. The new team’s procedures for the handling of the reinvestigation shall be in accordance with the relevant provisions of this Act.
Article 34
If an applicant or perpetrator is not satisfied with the results of their preliminary appeal, they may initiate the remedy procedures available within thirty days from the day following the date they receive the written notification, in accordance with the appropriate regulations listed below:
1. Public and private educational institution principals or presidents, and teachers: in accordance with the provisions of the Teachers’ Act.
2. Members of the non-teaching staff at public educational institutions who were employed in accordance with the Civil Service Employment Act, and non-teaching staff members who were not graded, assigned, and taken on before May 3, 1985, the date of effect of the Act Governing the Appointment of Educators: in accordance with the provisions of the Civil Servant Protection Act.
3. Members of the non-teaching staff at private educational institutions: in accordance with the provisions of the Act of Gender Equality in Employment.
4. Other workers at public and private educational institutions: in accordance with the provisions of the Act of Gender Equality in Employment Act.
5. Students of public and private educational institutions: lodge an appeal to their educational institution in accordance with regulations.
Article 35
Educational institutions and competent authorities shall base their determination of the facts of any incident related to this Act on the investigation reports provided by its gender equity education committee.
Any court involved shall examine and review the investigation reports provided by the gender equity education committees at each level regarding the determination of the facts referred to in the previous paragraph.