Subject:
Regarding Article 7 Subparagraph 2 and Subparagraph 3 of the "Regulations for the Establishment of Gender Equity Education Committees at All Levels of Schools" hereinafter referred to as the Establishment Regulations concerning the investigation or verification procedures for disqualification of committee members and matters related to removing the chairperson from the position please proceed according to the following explanation.
Explanation:
1. Handled in accordance with the resolution of the 4th plenary meeting of the 11th Gender Equity Education Committee of the Ministry held on December 26 2024.
2. According to Article 7 Subparagraph 2 of the Establishment Regulations "A person shall not serve as a member of the school Gender Equity Education Committee if any of the following circumstances apply. If already appointed the school shall dismiss the person: violation of the Gender Equity Education Act hereinafter referred to as the Gender Equity Act the Gender Equality in Employment Act hereinafter referred to as the Employment Equality Act the Sexual Harassment Prevention Act the Stalking and Harassment Prevention Act the Child and Youth Sexual Exploitation Prevention Act or other gender equality related laws and regulations as confirmed through lawful investigation or verification by the competent authority." The application scope competent authorities and determination procedures of these laws vary and may not always be investigated by the school. Article 7 Subparagraph 3 provides "Conduct or speech that fails to respect others gender gender characteristics gender traits gender identity or sexual orientation as verified by the school." which explicitly assigns verification responsibility to the school.
3. According to legislative structure Subparagraph 3 should be distinguished from Subparagraph 2 and may require case by case evaluation according to the seriousness of the conduct and evidentiary standards. However schools must independently review the suitability of appointed committee members to comply with Article 9 Paragraph 1 of the Gender Equity Act which stipulates that committee members must possess gender equality awareness and must not engage in conduct violating gender equality.
4. Regarding investigation or verification procedures when a school Gender Equity Education Committee member hereinafter referred to as committee member is suspected of circumstances under Article 7 Subparagraph 2 or Subparagraph 3 of the Establishment Regulations the procedures are as follows:
(1) Cases applicable to Article 7 Subparagraph 2 and subject to investigation jurisdiction:
  1. If the committee member is the suspected perpetrator of a campus gender related incident defined under Article 3 Subparagraph 2 of the Gender Equity Act the case shall be accepted investigated and handled by the school Gender Equity Education Committee. During the investigation period the member’s duties shall be temporarily suspended in accordance with Article 30 Paragraph 6 of the Gender Equity Act. If the campus gender related incident is confirmed the school shall dismiss the member from the committee in addition to disciplinary actions under Article 26 of the Gender Equity Act.
  2. If the committee member is a school employee who violates the Employment Equality Act or the Sexual Harassment Prevention Act the school shall establish a complaint handling investigation unit to conduct the investigation see the Ministry letter dated January 9 2025 Tai Chiao Hsueh Three Tzu No 1130122346. If the investigation confirms the violation the school shall dismiss the member from the committee. If the committee member is a school employee who violates the Stalking and Harassment Prevention Act or the Child and Youth Sexual Exploitation Prevention Act the school shall verify the facts and dismiss the member from the committee.
  3. If the committee member is not a school employee such as a lawyer or parent representative and violates the Employment Equality Act Sexual Harassment Prevention Act Stalking and Harassment Prevention Act or Child and Youth Sexual Exploitation Prevention Act once the school becomes aware of the case the school shall verify the facts and dismiss the member from the committee.
(2) Cases involving Article 7 Subparagraph 3:
These cases shall not be investigated by the school Gender Equity Education Committee. Instead the school shall form an independent objective fair and professional task force to conduct verification. If dismissal is required the school shall complete verification and proceed with dismissal according to internal administrative procedures analogous to the appointment procedure. The verification and dismissal decision shall not be handled by the school Gender Equity Education Committee. If cases under Article 7 Subparagraph 2 are investigated and found not substantiated the suitability of the relevant conduct must still be verified.
5. Regarding the situation where the school principal serves as chairperson of the Gender Equity Education Committee according to Article 9 Paragraph 1 of the Gender Equity Act:
(1) If the circumstances fall under Article 7 Subparagraph 2 the case shall be investigated by the competent authority Gender Equity Education Committee or other committees established in accordance with the Gender Equity Act the Act Governing the Appointment of Educators and the Regulations on the Investigation and Handling of Incompetent Principals of Elementary and Junior High Schools. During the investigation the chairperson duties shall be temporarily assumed by another person. If the investigation confirms the violation but the principal remains in office the principal may no longer serve as chairperson of the Gender Equity Education Committee. The competent authority shall order removal from the chairperson position and supervise the school in appointing an appropriate acting representative.
(2) If the circumstances fall under Article 7 Subparagraph 3 verification shall be conducted by the competent authority Gender Equity Education Committee. If substantiated the competent authority shall order removal from the chairperson position and supervise the school in appointing an appropriate acting representative.
6. In order to implement Article 7 Subparagraph 2 of the Establishment Regulations when schools appoint parent representatives student representatives or external experts and scholars in gender equity education as committee members these individuals are considered personnel utilized under Article 29 Paragraph 3 of the Gender Equity Act. According to Article 30 Paragraph 2 of the Gender Equity Act schools must conduct background checks before appointment and periodically after appointment to confirm whether they have committed related violations and handle cases in accordance with Explanation 4 Item 1 Subitem 3 above.