Explanation:
1. Handled in accordance with the resolution of the Legislative Yuan during the review of the Ministry of Education budget in the 2025 Central Government General Budget.
2. According to Article 3 Subparagraph 3 of the Gender Equity Education Act hereinafter referred to as the Gender Equity Act implemented on March 8 2024: "3. Campus gender related incidents refer to incidents in which one party is a school principal teacher staff member worker or student and the other party is a student and one of the following circumstances occurs:
(1) Sexual assault: refers to conduct defined as a sexual assault crime under the Sexual Assault Crime Prevention Act.
(2) Sexual harassment: refers to conduct meeting one of the following conditions and not reaching the level of sexual assault:
1. Explicitly or implicitly engaging in unwelcome speech or conduct related to sex or gender that affects another person’s dignity personality learning opportunity or work performance.
2. Using conduct related to sex or gender as a condition for oneself or another person to gain lose or reduce rights or interests related to learning or work.
(3) Sexual bullying: refers to conduct that uses language physical actions or other forms of violence to demean attack or threaten another person’s gender characteristics gender traits sexual orientation or gender identity and does not constitute sexual harassment.
(4) Professional ethical violations related to sex or gender by a principal or school staff member: refers to a principal or staff member developing an intimate relationship with a minor student or using unequal power relations during teaching instruction training evaluation management counseling of students or providing job opportunities to students to develop interpersonal interactions related to sex or gender that violate professional ethics.
3. In order to effectively determine the facts of the above campus gender related incidents schools at all levels Gender Equity Education Committees hereinafter referred to as the Gender Equity Committees and the investigation teams established under Article 33 Paragraph 2 of the Gender Equity Act shall handle cases according to the following explanations related references attached:
(1) Campus sexual harassment: administrative investigation determination adopts the rule of clear and reasonable judgment. According to Article 2 Paragraph 2 of the Enforcement Rules of the Gender Equity Act "Determination of sexual harassment or sexual bullying under Article 3 Subparagraph 3 of this Act shall consider the background of the incident the work environment the relationship between the parties the perpetrator’s speech and conduct and the perception of the affected party as well as other specific facts in each individual case." Decisions should avoid relying solely on the victim’s subjective feelings or attributing responsibility to the victim’s reaction.
(2) Campus sexual assault: administrative investigation determination adopts the rule of preponderance of evidence meaning that when the comprehensive evidence shows the possibility of sexual assault is greater than the possibility that no sexual assault occurred the incident may be determined as sexual assault.
(3) Campus sexual bullying: according to Article 2 Paragraph 2 of the Enforcement Rules of the Gender Equity Act referenced above the determination shall follow the same principles as campus sexual harassment cases.
4. The Ministry letter dated December 4 2020 Tai Chiao Hsueh Three Tzu No 1090151773 recommended that in order to implement the principles of objectivity fairness and professionalism in campus gender related incident investigations and maintain professional investigation quality investigations of campus sexual assault incidents or cases involving teachers or staff members sexually harassing or sexually bullying students should preferably be conducted entirely by experts and scholars possessing professional expertise in investigating sexual assault sexual harassment or sexual bullying incidents. To implement the matters described above when investigating campus sexual assault incidents or cases where principals or staff members sexually harass sexually bully students or violate professional ethics related to sex or gender it is recommended that all investigation team members be appointed experts scholars with professional knowledge in campus gender related incident investigations or personnel with legal expertise familiar with the Gender Equity Act.