Subject:
In order to implement Article 41 Paragraph 2 of the Gender Equity Education Act hereinafter referred to as the Gender Equity Act and Article 31 Paragraph 1 of the Regulations on the Prevention of Campus Gender Related Incidents and in accordance with Article 97 of the Child and Youth Welfare and Rights Protection Act hereinafter referred to as the Child and Youth Act the name of the perpetrator in campus gender related incidents may be publicly announced for public interest reasons so that parents and students are informed and children and youth may be protected from harm. Please follow the instructions below and inform all affiliated units.

Explanation:
1. Handled in accordance with the letter from the Ministry of Health and Welfare dated November 20 2024 Wei Bu Hu Tzu No 1139002177.
2. The key points of the aforementioned letter are summarized as follows:
    (1) According to Article 49 Paragraph 1 of the Child and Youth Act no person shall abandon or physically or mentally abuse children or youth or commit any of the fifteen types of improper treatment. Violators shall be fined between NT 60000 and NT 600000 in accordance with Article 97 of the same Act and their names or the names of their organizations may be publicly announced. The legislative purpose is to protect children and youth from any form of violence and to warn other potential victims through public announcement of the perpetrator’s name.
    (2) For gender related incidents committed by principals teachers or staff members against children or youth which are substantiated through investigation by educational authorities or schools if the conduct meets the elements described in Article 49 Paragraph 1 of the Child and Youth Act penalties shall be imposed by the competent municipal or county city authority in accordance with Article 97 of the same Act. The Ministry has decided through a meeting to implement a case control process starting from March 1 2024. For perpetrators who violate Article 49 Paragraph 1 of the Child and Youth Act and are principals teachers staff members club instructors or coaches the municipal or county city social affairs authority shall request the investigation report from the educational authority and evaluate whether penalties should be imposed under Article 97 of the Child and Youth Act.
    (3) In addition according to Article 27 Paragraphs 1 to 3 of the Administrative Penalty Act when cases are transferred to the social affairs authority for handling under Article 97 of the Child and Youth Act attention must also be paid to the statutory limitation period for administrative penalties as stipulated in the Administrative Penalty Act.
3. Accordingly under the latter part of Article 31 Paragraph 1 of the Regulations on the Prevention of Campus Gender Related Incidents local governments and schools are requested to proceed as follows:
    (1) Review cases within the past three years within the statute of limitation for administrative penalties involving campus gender related incidents investigated concerning principals teachers or staff members where the victim is under 18 years of age and the conduct is determined to be serious for example disciplinary sanctions such as demerits or change of employment status. The investigation report and related evidence shall be submitted by official letter to the municipal or county city social affairs authority for review and penalty decisions in accordance with Article 97 of the Child and Youth Act.
    (2) For future campus gender related incidents involving principals teachers or staff members where the victim is under 18 years of age and the investigation confirms the case and determines the conduct to be serious the school or authority with jurisdiction over the case shall submit the investigation report and related evidence to the municipal or county city social affairs authority for review and penalty decisions under Article 97 of the Child and Youth Act.
4. In addition the Ministry reiterates the provisions indicated in the letter dated August 22 2019 Tai Chiao Hsueh Three Tzu No 1080108133. In order to implement the prevention of campus sexual assault incidents and effectively prevent individuals involved in substantiated sexual assault from continuing to serve in schools according to Article 41 Paragraph 2 of the Gender Equity Act formerly Article 35 the school or authority with jurisdiction over the case shall submit the investigation report of substantiated campus sexual assault incidents involving principals teachers or staff members to the local court or district prosecutors office so that judges or prosecutors may take the report into consideration during the investigation and trial process.