Subject:
Revision of the "Flowchart of the Reconsideration Review Procedure to the Competent Authority under the Proviso of Article 37 Paragraph 1 of the Gender Equity Education Act" established by the Ministry in the letter dated April 18 2024 Tai Chiao Hsueh Three Tzu No 1130801903. One copy is attached. Please handle reconsideration cases in accordance with the proviso of Article 37 Paragraph 1 of the Gender Equity Education Act hereinafter referred to as the Gender Equity Act according to the following explanation and inform all affiliated units.

Explanation:
1. The flowchart mentioned above was originally formulated by the Ministry in response to the proviso of Article 37 Paragraph 1 of the Gender Equity Act to provide a procedure for reconsideration review and the handling of review results for reference by local governments and schools at all levels. Upon further review it was found that the originally listed step of returning the case to the school for handling according to law reopening the investigation or making a new decision might not comply with the requirement in the latter part of Article 37 Paragraph 3 of the Gender Equity Act that schools must complete investigations within 40 days. Therefore the procedure has been revised so that when reconsideration by the competent authority is determined to have merit the case will be directly returned to the school for handling according to law as indicated in the lower left section of the flowchart.
2. In addition regarding situations where the two parties involved in a campus gender related incident submit reconsideration requests at different times for example one on the first day after receiving the handling result and the other on the thirtieth day the reconsideration review schedule shall be handled according to the following instructions:
(1) If both parties teachers staff or students students only submit reconsideration to the school but the submission times differ greatly making it difficult to conduct a joint review within the 30 day reconsideration review period the school should review the cases separately. Since both parties are submitting reconsideration regarding the handling result of the same campus gender related incident in order to avoid inconsistent review outcomes it is recommended that the same reconsideration review committee members conduct the reviews and separately respond to the reasons submitted by each applicant.
(2) If both parties teachers staff students and the teacher or staff member respondent first submits reconsideration to the school considering the provisions of the proviso of Article 37 Paragraph 1 of the Gender Equity Act and Article 33 Paragraph 3 of the Regulations on the Prevention of Campus Gender Related Incidents which stipulate that the competent authority shall conduct a joint review of reconsideration cases the school should contact the student applicant or victim to confirm whether a reconsideration has been submitted to the competent authority. If the student submits reconsideration to the competent authority the school should report the reconsideration submitted by the respondent to the competent authority for joint review.