Chapter 4 Restrictions on the Appointment
A person to whom any one of the following situations pertains may not be employed as an educator; if such a person has already been appointed the matter shall be reported to the competent education administrative authority and if it ratifies the decision, the person shall be dismissed or discharged from their post:
1. Having been convicted of a crime threatening civil security domestically or from abroad, or a warrant having been issued for their arrest for such a crime with the case still pending.
2. Having been found guilty and convicted or currently subject to an arrest warrant for a case that is still pending for corruption or negligence while employed in civil service.
3. Having been found guilty and convicted of a breach of Article 2, Paragraph 1 of the Sexual Assault Crime Prevention Act
4. Having been dismissed from employment in accordance with the law, or currently still undergoing a period of suspension from employment as a disciplinary measure, or having been suspended from employment because of some incident, with the case not yet resolved.
5. Having been deprived of civil rights and their rights having not yet been reinstated.
6. Having been made subject to a guardianship or assistance order which has not yet been revoked.
7. Having been certified by a qualified physician as having a mental disorder and having not yet recovered from it.
8. Having had the Gender Equity Education Committee of the educational institution or another appropriate committee set up in accordance with the law investigate and verify their having committed a sexual assault.
9. Having being the Gender Equity Education Committee of the educational institution or another appropriate committee set up in accordance with the law investigate and verify their having committed sexual harassment or sexual bullying, of a serious nature.
10. Upon becoming aware of a suspected sexual assault incident on the campus where the educator is employed, failing to report the matter in accordance with the provisions of the Gender Equity Education Act, thereby leading to a subsequent sexual assault on campus; or forging, altering, destroying, or concealing evidence of any such assault committed by any other person, where any such failure to report or forging, altering, destroying, or concealing of evidence has been investigated and verified by the authorities concerned.
11. Forging, altering, or destroying evidence of any other person committing any criminal offence involving narcotics or hazardous drug on campus, where the matter has been investigated and verified by the authorities concerned.
12. Inflicting corporal punishment on or bullying one or more students, causing severe physical or mental injury.
13. Having behaved in breach of any law, where the matter has been investigated and verified by the authorities concerned.
With the exception of any case where the circumstances constitute a serious offence and a teacher shall be dealt with in accordance with the provisions of Article 14 of the Teachers Act, if an educator is in the situation stipulated in Subparagraph 13, they shall be dismissed or suspended for a period of between one to four years based on taking into consideration the nature of the offence; during that time that person may not be re-employed as an educator. The decision shall be reported to the competent education administrative authority to ratify.
When the educator referred to in Paragraph 1 is a university or college president or a school principal, the competent education administrative authority shall dismiss the person. When the educator has been involved in the conduct outlined in Subparagraph 8 or Subparagraph 9, the matter shall be investigated by the Committee for Gender Equity Education of the competent authority or by another appropriate committee set up in accordance with the law.
When an educator is charged with a sexual assault, during the course of the investigation or court proceedings, the competent education administrative authority or the educational institution may make a formal request of the judicial authorities to provide it with information about the case and to be notified of the court’s decision, unless doing so would obstruct the secrecy of an investigation, undermine investigation of a separate case, violate statutory duties of confidentiality, or compromise the right of the defendant to defend themselves.
To avoid appointing educators to whom any of the situations specified in Subparagraphs 1 to 12 of Paragraph 1 or in the last part of Paragraph 2 pertain, each competent authority and educational institutions at all levels shall undertake reporting, information collection, and inquiries in accordance with regulations. The regulations governing the reporting, information collection, inquiries, and other matters that must be complied with shall be prescribed by the Ministry of Education.
With the exception of any person who has committed a sexual assault; or sexual harassment or sexual bullying which constitutes a severe breach of the law; or who has caused severe physical or mental injury to one or more students as a result of corporal punishment or bullying, any educator who was investigated and verified by the authorities concerned to have impaired their professional dignity and status as an educator by behaving improperly and was therefore dismissed or did not have their appointment renewed before the Amendment to the Act of Governing the Appointment of Educators took effect on January 3, 2014 , may be re-employed as an educator after at least four years from the date of effect of their dismissal or the non-renewal of their contract.
All levels of school principals may not appoint their spouses, blood relatives within the third degree of relationship, or relatives by affinity as the schools ’ staff; neither shall they appoint the teachers with kinship to serve concurrently the administrative positions. But those who have held the positions before the principals succession, if taking charge of fiscal positions, shall be adjusted from their incumbent positions or work; if the positions they hold are fixed-termed, they may continue working until the completion of the term.
Those who fail to work due to chronic illness or have served civil service but fail to hand over the duties thereof may not be appointed as educators. Those who reach the retirement age may not be appointed as full-time educators.
Full-time educators may not work part-time outside of the schools or hold concurrent jobs except there shall be provisions of other laws.
Unless specified otherwise in the laws, full-time educators shall have their position retained without pay for taking care of their newborns, parents, advanced studies, temporary transfer, or others as long as application is approved by the school, institution, or designated education authority.
Reasons, approval process, duration, frequency, reinstatement, and other requirements concerning the application for retention of position without pay as mentioned in the preceding paragraph are to be established by the Ministry of Education.
The provisions in Article 32 shall apply mutatis mutandis to the head of social education institutions and academic research institutions.