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Title: Enforcement Rules for the Gender Equity Education Act CH
Amended Date: 2024-02-15
Category: Ministry of Education(教育部)
Article 1
These enforcement rules are enacted pursuant to Article 47 of the Gender Equity Education Act(hereafter referred to as the Act).
Article 2
The phrase “substantive equality of gender status” in the first subparagraph of the first paragraph of Article 1 and the first subparagraph of Article 3 of the Act shall mean that no one shall be discriminated against due to his or her sex, sexual orientation, gender temperament, or gender identity.
The determination of sexual harassment or sexual abuse incidents, referred to in the third subparagraph of Article 3 of the Act shall be examined on a case-by-case basis, in order to investigate the concrete facts of the background of the occurrence, environment, interpersonal relationships, the offender's speech and conduct and the understandings of the respondents.
Article 3
The Gender Equity Education Committee shall contain the following items in its annual project as prescribed in the first subparagraph of Article 4, the first subparagraph of the first paragraph of Article 5, and the first subparagraph of Article 6 of the Act:
1. Goals: Evaluate the achievement of the previous year, decide the theme of the year, and set the direction of future development.
2. Strategies: Integrate projects and affairs among different offices within the institute; collaborate, communicate, and integrate resources with related institute.
3. Tasks: List specific tasks for the year.
4. Resources: Plan budget and human resources needs.
Article 4
When the Gender Equity Education Committee carries out supervision and evaluation according to the third subparagraph of Article 4, the third subparagraph of the first paragraph of Article 5, and the competent authority carries out supervision and evaluation according to Article 11 of the Act, they may do so in the form of joint supervision and invite experts, scholars and NGO/NPO representatives related to the field of gender equity education to participate in the task.
The aforesaid evaluation shall be carried out on a regular basis. Evaluation standards and rules shall be announced half a year in advance, and assessment results shall be used as references for joint supervision evaluation and school affair evaluation.
Article 5
The research and development of curricula, instruction, and assessment prescribed in the fourth subparagraph of Article 4, the fourth subparagraph of the first paragraph of Article 5, and the third subparagraph of Article 6 of the Act shall include the following matters:
1. curricula:
i. Pre-service training of staff members, orientation training of new staff members, in-service program and preparation program for candidates of educational administrators as prescribed in Article 16 of the Act.
ii. Curricula and activities provided to students as prescribed in the first paragraph of Article 18.
2. Instruction:
i. Develop innovative teaching methods related to gender equity education.
ii. Enhance teachers’ competence in gender equity education pedagogies.
3. Assessments:
i. Cognition, affection, and practice of the concept of gender equity.
ii. Diverse and non-gender-biased methods of assessment such as observation, operation tasks, performances, oral exams, written exams, assignments, learning progress portfolio, research reports etc.
Article 6
Tasks to be contained in the consultation service prescribed in the sixth subparagraph of Article 4 and the fifth subparagraph of the first paragraph of Article 5 of the Act shall include:
1. Assistance in providing information on books, journals, thesis, human resources data files, as well as academic and NGO/NPO related to gender equity education.
2. Assistance in the establishment formation and operation of Gender Equity Education Committees.
3. Assistance in the institutionalization of research and teaching programs related to gender equity education.
4. Other consultation services related to the implementation of the Act.
Article 7
Fields related to gender equity education as prescribed in the first paragraph of Article 7, the first and third paragraph of Article 8, and the first paragraph of Article 9 of the Act shall refer to researches, instruction or practicing on issues regarding gender, sex education, and multiculturalism.
Article 8
The term “gender equity consciousness” in the first paragraph of Article 7, the first and the third paragraphs of Article 8, the first paragraph of Article 9, the first paragraph of Article 20, and the third paragraph of Article 33 of the Act shall refer to a person’s identification with the value of gender equity, understanding of the phenomena and causes of gender inequity, and willingness to help improve the situation.
Article 9
When establishing a safe campus environment as prescribed in first paragraph of Article 12 of the Act, the school shall consider the following matters in accordance to principals of gender unbiasedness, safety, friendliness and fair allocation:
1. Space arrangement.
2. Management and security.
3. Sign system, rescue system, and safety routes.
4. Restroom and sports facilities.
5. Lighting and space permeability.
6. Other pertinent matters.
Article 10
In addition to postings on the school bulletin board, promulgation methods prescribed in the second paragraph of Article 12, the second paragraph of Article 22 of the Act may include written, oral, internet, or other appropriate forms.
Article 11
Assistance prescribed in Article 15 of the Act shall include using resources on and off campus to provide education suitable to students who are pregnant or have recently gone through child delivery, and deploying flexible measures to assist them to complete their education and providing them with counseling Services.
Article 12
The term “Staff Appraisal Committee” in Article 17 of the Act shall refer to the committee organized to evaluate the performance of school’s faculty and staff. For public schools, however, the term shall refer to the committee whose evaluation is limited to the schools’ faculty.
The term “Faculty Evaluation Committee” in Article 17 of the Act shall refer to the committee at the school level.
Article 13
The curriculum related to gender equity education referred to the second paragraph of Article 18 of the Act shall cover courses on affective education, sex education, different gender, gender characteristics, gender temperaments, gender identity, and sexual orientation, and prevention and handling of sexual assault, sexual harassment, and sexual bullying on campus to enhance students’ gender equity consciousness.
Article 14
To implement regulations prescribed in Article 19 of the Act, the participation of teachers with gender equity consciousness is required in the compilation, writing, evaluation and selection of teaching materials at the primary and secondary school levels. The materials shall also be free from gender stereotypes, gender prejudice and gender discrimination in order to make the values of gender equity and diversity explicit.
Article 15
When encouraging students to take courses in fields not traditionally affiliated with their sexes as prescribed in the second paragraph of Article 20 of the Act, teachers shall encourage a diverse and individualized development in their guidance and assistance to students’ course taking, major selection, and exploration in career development, and shall avoid making certain fields solely designate to a certain gender.
Article 16
The phrase “difference in power between the two parties” in the second paragraph of Article 34 of the Act shall refer to the difference in status, knowledge, age, physical strength, position, ethnicity or resources between the two parties.
Article 17
When the Gender Equity Education Committee submits its report according to the second paragraph of Article 36 of the Act, the report shall contain the following items:
1. The grounds of application of an investigation, including a description by the victim or offense-reporter.
2. Records of interviews conducted during the investigation, including dates and the persons interviewed.
3. Statements by the investigated party, the investigation applicant, witness(es), and others concerned.
4. Examination of evidences concerned.
5. Establishment of facts and grounds.
6. Suggestions for punishment, treatment and remedy.
Article 18
These enforcement rules will take effect as of the date of promulgation, with the exception of Article 7, Article8, Article 10, which will take effect on March 8, 2024.
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