Regarding Investigation Teams for Campus Sexual Assault Sexual Harassment or Sexual Bullying Incidents Proactively Reviewing Whether Relevant School Personnel Have Violated the Gender Equity Education Act hereinafter referred to as the Gender Equity Act During the Investigation Process

  • 2019-03-08
  • Admin System

Subject:
Regarding investigation teams for campus sexual assault sexual harassment or sexual bullying incidents proactively reviewing during the investigation process whether relevant school personnel have committed negligence or violations of the Gender Equity Education Act hereinafter referred to as the Gender Equity Act please refer to the following explanation.

Explanation:
1. Handled in accordance with the review opinions of the Control Yuan 2017 Education Investigation No 30 and the resolution of the 3rd meeting of the Campus Gender Incident Prevention Group under the 8th Gender Equity Education Committee of the Ministry.
2. Article 21 of the Gender Equity Education Act stipulates the following:
(1) When a school principal teacher staff member or worker becomes aware of a suspected campus sexual assault sexual harassment or sexual bullying incident occurring at the school they must in addition to immediately reporting in accordance with the school prevention regulations and relevant laws including the Sexual Assault Crime Prevention Act the Child and Youth Welfare and Rights Protection Act the People with Disabilities Rights Protection Act and other related laws also report the incident to the school and the competent municipal or county city authority within no later than 24 hours.
(2) School principals teachers staff members or workers shall not forge alter destroy or conceal evidence of campus sexual assault sexual harassment or sexual bullying incidents committed by others.
(3) When schools or competent authorities handle campus sexual assault sexual harassment or sexual bullying incidents the case must be referred to the Gender Equity Education Committee established by the school for investigation and handling. No other investigation mechanism may be established and any investigation conducted in violation of this provision shall be invalid.
3. According to Article 30 Paragraph 2 of the Gender Equity Education Act and Article 21 Paragraph 1 of the Regulations on the Prevention of Campus Sexual Assault Sexual Harassment or Sexual Bullying when the Gender Equity Education Committee of the school or competent authority with jurisdiction over the case handles campus sexual assault sexual harassment or sexual bullying incidents it may establish an investigation team to conduct the investigation. The investigation team is responsible for investigating whether the incident occurred in accordance with the Gender Equity Education Act and assisting the Gender Equity Education Committee in preparing the investigation report according to Article 31 Paragraph 2 of the Gender Equity Education Act.
4. In order to protect the rights of the parties involved in such incidents and to ensure implementation of the Gender Equity Education Act if during the handling process the parties involved indicate that relevant personnel have administrative negligence or if the investigation team discovers clear violations of procedures stipulated in the Gender Equity Education Act by the school such matters shall be recorded in the investigation report and recommendations for handling shall be submitted to the school to promote the advancement of gender equity education.