國立臺灣大學性別平等教育委員會-NTU-GEEC

Questions

Answers

procedure

What are the procedures involved from the submission of an investigation request to its conclusion?

1. Preliminary review by the receiving unit: After receiving the application, we must first review whether the incident applied for investigation or report is a gender-related incident on campus, whether the university has jurisdiction over the case, and whether there are reasons for rejection. After the review is passed, the case will be sent to the Gender Equity Committee within 3 days to decide whether to accept the investigation.
2. After receiving an application for investigation or a report of an offense, the school or competent authority will notify the applicant, victim, or informant in writing within twenty days whether the application is accepted. A written notice of rejection will not only state the reasons for rejection, but will also inform the filing deadline (20 days), information on the filing of relief by the accepting unit, etc.
3. Investigation Process (with a standard duration of 2 months, extendable to a maximum of 4 months):

1. The Gender Equity Committee's investigation team will invite relevant individuals to attend investigation meetings to gather facts about the incident.
2. The Gender Equity Education Committee of the school or competent authority shall complete its investigation of a case within two months from the date the application or offense report is accepted.

4. The investigation may be extended at most twice if necessary, and each extension may not exceed one-month’s time. The applicant, victim, informant, and offender shall be notified of the extension.Deliberation and Disposition (approximately 2 months):

Within 2 months of receiving the investigation report from the Gender Equity Committee, the school must refer the case to the relevant committee (such as the Student Reward and Disciplinary Committee or the Faculty Review Committee) for deliberation and resolution in accordance with the regulations. In compliance with Article 36 of the Gender Equity Act, the results of the disposition, including the facts and reasons, must be documented in writing and notified to the applicant, the victim, the complainant, and the perpetrator.

Case Acceptance Phase

What are the confidentiality obligations regarding the parties involved, the complainant, and the witnesses during the investigation and handling process?

1. All personnel involved in the investigation and handling process at the school are bound by confidentiality obligations, in accordance with Articles 23, 27, and 28 of the Gender Equity Act. This includes maintaining the confidentiality of the names and any other information that may reveal the identity of the parties involved, the informant, and witnesses. Such information must not be disclosed to anyone outside of the investigation, judicial, or prosecutorial bodies.

When the school is required to make public statements, the real names and identifying information of the aforementioned individuals must be omitted and replaced with coded references. Only the existence of the incident, its nature, and the handling process may be disclosed.

Any breach of confidentiality will be subject to penalties in accordance with the Criminal Code and other applicable regulations.

2. Key Concepts for Personnel Informed of Gender Equity Incidents:

1. Confidentiality Obligations: After reporting in accordance with the law, confidentiality principles must be strictly followed to prevent any leakage of information that could cause secondary harm.
2. Non-Involvement in the Investigation: According to Article 22, Paragraph 3 of the Gender Equity Act, In handling a gender-related incident on campus, the school or competent authority shall turn over the case to its Gender Equity Education Committee for investigation and handling. No person shall establish any other means of investigation, and the results of investigations conducted by violators shall be null and void.

3. According to Article 24, Paragraph 6 of Regulations Governing Prevention of Gender-Related Incidents on Campuses, the parties involved are not permitted to disseminate any information about the incident through any private communication, or using the internet, communication software, or any other channel.

Case Acceptance Phase

What support can students with special education needs receive?

According to Article 24, Paragraph 2 of Regulations Governing Prevention, if the parties involved possess a certificate of disability issued by competent authorities at various levels or a valid certification as a student with special education needs, the members of the investigation team should include professionals with expertise in special education. Therefore, upon reviewing the information about the parties involved, the Gender Equity Committee will take the initiative to address this matter if it learns that a party is a special education needs  student and will encourage the party to proactively disclose this information.

Case Acceptance Phase

How should the situation be handled if the victim or their legal representative is unwilling to file a request for investigation?

According to the Ministry of Education's letters dated May 26, 2014 (Tai Jiao Xue (3) Zi No. 1030902914) and March 26, 2014 (Tai Jiao Xue (3) Zi No. 1030041317):

1. When the victim or their legal guardian is unwilling to file a request for investigation, the school does not have the authority to force the party to sign a waiver or any other form of document indicating their refusal to apply for an investigation. If the victim or their legal guardian verbally expresses their unwillingness to file a request for investigation while informing or explaining the legal process to the school, the school's staff should assist in making a record of this statement. Following Article 18, Paragraph 1 of Regulations Governing Prevention, the record should be confirmed, signed, or stamped by the relevant personnel, and then reported to the Gender Equity Education Committee for discussion in the ministry's reporting system.
2. The current Gender Equity Act does not stipulate that schools must automatically initiate investigation procedures for Gender-Related Incidents on Campuses based on their authority. If the reported incident is discussed in a meeting by the Gender Equity Committee and it is determined that there is no public interest involved, and the victim or their legal representative also expresses their unwillingness to file a request for investigation, the Gender Equity Committee may only discuss matters related to improving safety, implementing curriculum and teaching, campus advocacy, or counseling. The results should then be reported in the ministry's reporting system as a record of the Gender Equity Committee meeting.
3. The aforementioned meeting records should be delivered to both parties involved in the incident. If the victim or their legal representative changes their mind after receiving the meeting record, the school may invite them to file a request for investigation, or if any individual submits a report, the Gender Equity Committee may initiate the investigation and handling procedures.
4. The Gender Equity Act does not include provisions allowing individuals to initiate investigation procedures based on self-clearing reasons.

Case Acceptance Phase

Will request for investigation and the subsequent initiation of an investigation by the Gender Equity Education Committee affect course enrollment or instruction? What support will the school provide?

Article 24 of the Gender Equity Act: " When investigating a gender-related incident on campus, the school or competent authority shall take necessary measures for the protection of the involved parties' rights to education and employment, and must not use unequal power or status to act in a manner that could affect the victim's rights to education or employment, or to request an investigation. "

Article 26 of Regulations Governing Prevention:

In order to safeguard the education or employment rights of the parties involved in a gender-related incident on campus, the educational institution or competent authority with jurisdiction may, when necessary, in accordance with the provisions of Article 24 of the Act, adopt the following measures and report the matter to the competent authority for future reference:
1.Handle the attendance records and performance assessments of the parties involved flexibly, and actively assist them with their academic work or work duties, and it may exempt parties involved from being subject to the regulations pertaining to requesting leave, or to teacher or student performance assessments.
2.Respect the wishes of the victim and reduce the opportunities for interaction between the two parties involved, and the educational institution or competent authority with jurisdiction may, in accordance with the victim's request or based on the gender committee's assessment of the effect of the incident on students' right to education and campus safety, discontinue any teaching, instruction, training, evaluation, management, or counseling relationship between the parties involved, or one that provides a work opportunity to a student, or order the offender to avoid contact with the victim.
3. Avoid situations where retaliation could occur.
4. Prevent or reduce the possibility of the offender causing any further harm.
5. Other measures that the gender committee. considers necessary.
When any of the parties involved is not employed by or enrolled at the educational institution with jurisdiction, the educational institution at which that person is employed or enrolled shall be notified to handle the matter in accordance with the provisions of the preceding paragraph.
Any of the necessary measures referred to in the two preceding paragraphs shall be implemented after the gender committee has passed a resolution.

Case Acceptance Phase

As an offender to an investigation, do I have the right to refuse to participate in the investigation?

According to Article 33, Paragraph 5 of the Gender Equity Act, 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, and shall not evade, obstruct, or refuse.

Furthermore, Article 24 of Regulations Governing Prevention stipulates that An offender shall appear in person for the investigation; if any of the parties involved is a minor, their legal guardian or actual caregiver may accompany them during the investigation.

Additionally, Article 43, Paragraph 4 of the Gender Equity Act states that If an offender fails without reasonable grounds to cooperate with the investigation specified there, the school shall report the matter to the competent authority and request that it impose a fine of not less than 10,000 New Taiwan Dollars and not more than 50,000 New Taiwan Dollars, and a separate fine may be imposed for each instance of a violation until the offender complies or provides relevant information.

Case Acceptance Phase

Can the applicant withdraw the application?

According to Article 24, Paragraph 1, Subparagraph 9 of Regulations Governing Prevention: When an applicant withdraws their application for an investigation, to clarify the related legal liability, the educational institution or competent authority with jurisdiction may continue the investigation, after a resolution to do so is passed by its gender committee, or at the request of the offender. If the educational institution's competent authority considers that the circumstances were of a serious nature, it shall direct the educational institution with jurisdiction to continue investigating and handling the matter.

Case Acceptance Phase

Regarding the handling of requests for investigation into Gender-Related Incidents on Campuses by victims or their legal representatives during the transition period of educational systems, what are the points of concern?

1. According to Article 11, Paragraph 1 of Regulations Governing Prevention: The victim of a campus gender-related incident, their legal representative or actual caregiver (hereunder referred to jointly as "the applicant"), or the informant, may apply in writing for an investigation or report the incident in writing to the educational institution where the offender was employed or enrolled at the time of the incident (hereunder referred to as "the educational institution with jurisdiction"). However, if the offender is or was the principal or president of the educational institution, the investigation or report shall be submitted to the competent authority of the educational institution at the time of the incident (abbreviated hereunder to "the competent authority with jurisdiction").

Case

Results

After the investigation is completed, is it necessary to inform the victim and offender of investigation report?

If I am the informant, will I receive notification?

According to Article 36, Paragraph 3 of the Gender Equity Act: After the investigation is complete, the Gender Equity Education Committee shall submit a written report to its school or competent authority regarding the investigation and suggestions for handling.

After receiving the aforesaid investigation report, the school or competent authority shall put forth a disposition or turn it over to the pertinent authority for a decision within two months according to this Act or pertinent laws or regulations. The school or competent authority shall notify in writing the applicant, victim, informant, and offender of its handling conclusion, facts established and grounds.

Case

Results

If the investigation determines that the gender-related incident is, what penalties will the offender face?

1. According to Article 26, Paragraphs 1, 2, and 3 of the Gender Equity Act: Once a gender-related incident on campus has been investigated and established as having actually occurred by the school or competent authority in accordance with the pertinent laws or regulations, the school or competent authority shall itself impose a formal reprimand, demerit, dismissal, suspension, non-renewal of contract, discharge from employment, termination of a contractual relationship, termination of a service relationship, or some other appropriate penalty on the offender, or transfer him or her to another authorized agency with the jurisdiction to do so.
   When handling a gender-related incident on campus, the school, competent authority, or other authorized agency with the jurisdiction to take disciplinary measures and impose penalties shall in addition order that the offender receive psychological counseling, and may also order that he/she must comply with one or more of the following measures, except for an offender already subject to a lifetime ban on appointment, employment, contractual relationship, or service relationship.
   1. Apologize to the victim, if the victim, his/her legal guardian, or his/her de facto custodian gives consent. When a legal guardian or de facto custodian consents, the best interests of the child or minor shall be given priority, and his/her opinions shall be weighed based on his/her level of mental maturity.
   2. Attend eight hours of gender equity education related courses.
   3. Other measures that serve an educational purpose.
2. If a teacher is involved in sexual offenses (including sexual assault, sexual harassment or sexual bullying) and is found substantiated by the Gender Equity Committee, the following penalties will be imposed in accordance with Teachers’ Act :

1. According to Article 14: A teacher to whom any one of the following situations pertains shall be dismissed and the person permanently ineligible for reappointment as a teacher:
   • Paragraph 1, Subparagraph 4: An educational institution’s Gender Equity Education Committee or another appropriate committee set up in accordance with the law has investigated and confirmed that the person has committed a sexual assault.;
   • Subparagraph 5: An educational institution’s Gender Equity Education Committee or another appropriate committee set up in accordance with the law has investigated and confirmed that the person has committed sexual harassment or sexual bullying, and that it is necessary for that person to be dismissed and permanently ineligible for reappointment as a teacher.;
   • Paragraph 3: If any of the situations referred to in Subparagraphs 4 to 6 of Paragraph 1 pertains to a teacher, the matter does not have to be deliberated by a Teacher Evaluation Committee, and after the disciplinary measure has been reported to and approved by the Competent Authority, the educational institution shall dismiss the teacher, and the matter is not subject to the provisions of Paragraph 1 of Article 20 of University Act or the provisions of Paragraph 1 of Article 27 of Junior College Act.
2. According to Article 15: A teacher shall be dismissed and the educational institution shall formally decide on one to four years ineligible for reappointment as a teacher, if any one of the following situations pertains:

• Paragraph 1, Subparagraph 1: An educational institution’s Gender Equity Education Committee or another appropriate committee set up in accordance with the law has investigated and confirmed that the person committed sexual harassment, or sexual bullying, and that it is necessary to dismiss the person.;
• Paragraph 2: An educational institution shall dismiss a teacher to whom any of the situations referred to in Subparagraphs 1 or 2 of the preceding paragraph pertains, after a Teacher Evaluation Committee meeting attended by at least half of its members has deliberated the matter and at least half of the members in attendance supported a resolution to do so, and after the disciplinary measure has then been reported to and approved by the Competent Authority.

3. According to Article 18: If a teacher’s conduct constitutes a violation of any pertinent laws or regulations, and the educational institution or the authority concerned has investigated and confirmed that the violation occurred, and the nature of the violation does not warrant dismissal of the teacher but it is necessary to suspend them, the educational institution’s Teacher Evaluation Committee may examine and consider the circumstances of the case, and it may pass a resolution to suspend the teacher for a period of between six months and three years, and the educational institution shall impose the suspension decided on, after a Teacher Evaluation Committee meeting attended by at least two-thirds of its members has deliberated the matter and at least two-thirds of the members in attendance support a resolution to do so, and after the disciplinary measure has then been reported to and approved by the Competent Authority.
   During the period of the suspension referred to in the preceding paragraph, a teacher is not permitted to apply for retirement or severance with pay, nor to undertake any teaching in any educational institution.
4. According to Article 19:  A person to whom any of the following situations pertains is not permitted to be appointed as a teacher; if such a person has already been appointed, the educational institution shall dismiss them:
   1.Any situation referred to in any of the subparagraphs of Paragraph 1 of Article 14.
   2.Any situation referred to in any of the subparagraphs of Paragraph 1 of Article 15 that occurred during the period of one to four years formally decided on.
   If any of the situations referred to in any of the subparagraphs of Paragraph 1 of the preceding article pertains to a teacher, during the suspension period of between six months and three years, another educational institution is not permitted to appoint them as a teacher; if such a person has already been appointed, the educational institution shall dismiss them.

Case

Results

If a involved party is dissatisfied with the outcome of a campus gender-related incident, what are the available remedies?

According to Article 37 of Gender Equity Act: If not agreeing with the conclusion referred to in Paragraph 3 of the preceding Article, the applicant, victim, and offender may, within thirty days from the day following receipt of the written notification, submit a written request for reconsideration to the school or competent authority, specifying the grounds for reconsideration. However, if the offender is the principal, a teacher, staff member, or worker, the applicant or victim may make the request for reconsideration directly to the competent authority.

The aforesaid request for reconsideration may be made only once.

The school or competent authority may request that its gender equity education committee reinvestigate the case if, upon reconsideration of the original investigation's conclusion, the school or competent authority finds significant flaws in the investigative procedure, or identifies new facts or new evidence sufficient to affect the original investigation's determination. In the case of a request for reconsideration filed directly with the competent authority under the provisions of Paragraph 1, the reinvestigation shall be completed within forty days.

If, upon reconsideration conducted pursuant to the provisions of Paragraph 1, the competent authority determines that the conclusion reached by the school's investigation is unlawful or otherwise inappropriate, it may when necessary and in accordance with the recommendations of the gender equity education committee directly impose a remedy or specify the reasons for returning the matter to the school for handling in conformance with the law, and shall also hold responsible individuals accountable.

Case

Results

As the person under investigation, will the case file be destroyed after the case is concluded and after leaving the school?

According to Article 34 of Regulations Governing Prevention: The educational institution or competent authority with jurisdiction shall designate a unit or personnel to preserve the database that it has established Paragraph 1 of Article 28 of the Act for a period of 25 years. If the database is preserved using electronic storage media, when necessary, an electronic signature or encryption may be used for dealing with the data.
The database established in accordance with the provisions of the preceding paragraph shall be divided into archives of original data and archives of report documents.

According to Article 28 of Gender Equity Act:

The school or competent authority shall establish a database of gender-related incidents on campus, as well as profiles of offenders.
If the offender is a student and transfers to another school for studies, the former competent authority and the school where the offender originally studied shall, in such cases as they consider there to be a need for follow-up counseling, notify the new school where the offender studies within one month of the date of knowing such transfer.
If the offender is not a student and transfers to another school for employment, the former competent authority and the school where the offender was originally employed shall provide follow-up counseling, and notify the new school where the offender is employed within one month of the date of knowing such transfer.
The notified school described in the previous two Paragraphs shall keep track of the offender and provide counseling where necessary. The school shall not reveal the offender’s name or other information that may lead to his or her identification without legitimate reason.
The establishment, means of retention, duration of retention, destruction, and use of the database mentioned in Paragraph 1, and the school notification and other pertinent matters mentioned in Paragraphs 2 and 3, shall be prescribed in accordance with the principles of prevention prescribed in Article 21, Paragraph 1.

Other

If there is a judicial lawsuit or a decision not to prosecute, does that mean that the school's investigation is not established?

1. According to Article 34 Paragraphs 1 of Gender Equity Act: 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.
2. Article 29, Paragraph 1 of Regulations Governing Prevention The investigation and handling by the gender committee are not affected by whether judicial proceedings are conducted and the conclusions of any handling judicial proceedings.