<ArrayList><item><subject>&lt;![CDATA[Gender Equity Education Act]]&gt;</subject><dataClassName>Campus Related</dataClassName><pubUnitName>Office of Gender Equality Education</pubUnitName><posterDate>2023-08-16</posterDate><updateDate/><detailContent>&lt;![CDATA[]]&gt;</detailContent><summary>&lt;![CDATA[Chapter 1 General Principles&#xd;
Article 1&#xd;
This Act is prescribed in order to promote substantive gender equality, eliminate gender discrimination, uphold human dignity, and improve and establish the education resources and environment for gender equality.&#xd;
The definitional scope of a campus sexual harassment incident shall be determined in accordance with the provisions of this Act. In cases where the relationship between the parties involved does not fall within the definitional scope stipulated in this Act, the relevant provisions of the Gender Equality in Employment Act or the Sexual Harassment Prevention Act shall be applied as appropriate to the circumstances.&#xd;
Article 2&#xd;
The competent authority as referred to in this Act shall be as follows: in the central government, the Ministry of Education; in special municipalities, the municipal government; in counties (cities), the county (city) government.&#xd;
When handling matters specified in this Act at military academies, preparatory schools, police academies of all levels, and juvenile correctional institutions, the competent authority with jurisdiction shall be deemed the competent authority as referred to in this Act.&#xd;
When matters specified in this Act involve the affairs of competent authorities with their responsibilities, each shall comply with this Act in its handling of these matters.&#xd;
Article 3&#xd;
The following terms that appear in this Act are hereby defined:&#xd;
1. Gender equity education: to generate respect for gender diversity, eliminate gender discrimination and promote substantive gender equality through education.&#xd;
2. School, teacher, staff, worker, and student:&#xd;
i.)School: public and private schools of all levels, military academies, preparatory schools, police academies of all levels, and juvenile correctional institutions.&#xd;
ii) Faculty: full-time instructors, part-time instructors, acting faculty , substitute teachers, military instructors, volunteer teaching assistants, education interns directly involved in teaching, education internship program supervisors, and other individuals engaged in teaching or research.&#xd;
iii) Staff (member) or worker: individuals other than those listed above who perform fixed or regular school-related duties, volunteers assisting in school operations, student affairs innovation specialists, and individuals as designated by the central competent authority.&#xd;
iv)Student: individuals currently enrolled at a school, individuals not currently enrolled but in the process of transitioning from enrollment in one school to another within the educational system, continuing education program enrollees, exchange students, educational internship students or trainees, and other individuals as designated by the central competent authority.&#xd;
3. Campus gender incident: incidents in which one party is a school principal, teacher, staff member, worker, or student, and the other party is a student, and which meets one of the following conditions:&#xd;
i) Sexual assault: acts constituting criminal sexual assault as defined in the Sexual Assault Crime Prevention Act.&#xd;
ii) Sexual harassment: acts meeting one of the following criteria but not constituting sexual assault:&#xd;
1. Engaging in unwelcome sex- or gender-related speech or behavior, whether explicit or implied, which adversely affect the other party's personal dignity, learning, or work opportunities or performance.&#xd;
2. Sex- or gender-related behavior that serves as the condition for oneself or others to gain or lose rights or interests in learning or work.&#xd;
iii) Sexual bullying: ridicule, attacks, or threats directed at another person’s gender characteristics, gender temperaments, sexual orientation, or gender identity by using verbal, physical or other forms of violence will be under the category of sexual bullying not sexual harassment.&#xd;
iv) Sex- or gender-related behavior by a principal or faculty and staff that violates professional ethical standards: cases where a principal or faculty member develops an intimate relationship with an underage student, or exploits an unequal power relationship in the course of teaching, providing guidance to, training, evaluating, managing, or counseling a student, or providing a work opportunity to a student, to develop a relationship that violates professional ethical standards in the context of sex- or gender-related interpersonal interactions.&#xd;
4. Gender identity: an individual's perception and acceptance of their own gender.&#xd;
Article 4&#xd;
The central competent authority shall establish a gender equity education committee whose with missions as following :&#xd;
1. Draft laws, regulations, policies and annual projects related to gender equity education at national level.&#xd;
2. Coordinate and integrate related resources, assist and fund the regional competent authority and schools and social education institutions under its jurisdiction in order to implement and develop gender equity education.&#xd;
3. Supervise and evaluate gender equity-related activities carried out by the regional competent authority, schools and social education institutions under its jurisdiction under its jurisdiction.&#xd;
4. Promote research and development of curricula, teaching, and assessments on gender equity education and related issues.&#xd;
5. Plan and implement gender equity education personnel training programs.&#xd;
6. Provide consultation services related to gender equity education, and investigate and handle cases pertinent to this Act.&#xd;
7. Promote gender equity in family education and social education at national level.&#xd;
8. Other matters related to gender equity education at national level.&#xd;
Article 5&#xd;
The competent authority of the municipal government at municipal level and the county or city government at county or city level shall establish a gender equity education committee with missions as following:&#xd;
1. Draft regional laws and regulations, policies and annual projects related to gender equity education.&#xd;
2. Coordinate and integrate related resources, assist and fund the regional competent authority and schools and social education institutions under its jurisdiction in order to implement and develop gender equity education.&#xd;
3. Supervise and evaluate gender equity-related activities carried out by schools and social education institutions under its jurisdiction.&#xd;
4. Promote research on curricula, teaching, and assessments on gender equity education and related issues.&#xd;
5. Provide schools and social education institutions under its jurisdiction consultation service related to gender equity education, and investigate and handle cases pertinent to this Act.&#xd;
6. Implement in-service education programs for faculty and personnel in schools under its jurisdiction.&#xd;
7. Promote gender equity in family education and social education.&#xd;
8. Other regional matters related to gender equity education.&#xd;
The competent authorities for military academies, preparatory schools, police academies of all levels, and juvenile correctional institutions shall establish gender equity education committees with missions as following:&#xd;
1. Provide appropriate resources to assist the schools under their jurisdiction in implementing and developing gender equity education.&#xd;
2. Supervise and assess the implementation of gender equity education-related work at the schools under their jurisdiction.&#xd;
3. Handle matters related to gender equity education at the schools under their jurisdiction as stipulated in Article 5, Article 6, and other relevant provisions.&#xd;
Article 6&#xd;
The school shall establish a gender equity education committee with missions as following :&#xd;
1. Integrate related resources in various departments of the school, draft gender equity education projects, and implement and examine the results of the projects.&#xd;
2. Plan and implement activities related to gender equity education for students, staff, faculty, and parents.&#xd;
3. Research, develop and promote courses, teaching, and assessments on gender equity education.&#xd;
4. Plan implementation of gender equity education and regulations for preventing and handling of gender-related incidents on campus, establish mechanisms to coordinate and integrate related resources.&#xd;
5. Investigate and handle cases pertinent to this Act.&#xd;
6. Plan and establish a safe and gender-fair campus.&#xd;
7. Promote gender equity in family education and social education at community level.&#xd;
8. Other matters related to gender equity at school or community level.&#xd;
Article 7&#xd;
The gender equity education committee of the central competent authority shall consist of seventeen to twenty-three members, who shall serve for specific terms. The Minister of Education shall be chair of the committee. Committee members shall have an awareness of gender equity and not engage in behaviors contrary to gender equity. At least half of the committee members shall be women. Experts, scholars, NGO/NPO representatives, student representatives, and practitioners from fields related to gender equity education shall make up at least two-thirds of the committee members.&#xd;
The aforesaid committee shall hold at least one meeting every three months, and appoint staff to handle related matters. The means of the committee's organization, meetings, committee member qualifications, duration of appointment, grounds for dismissal, dismissal procedure, and other related matters shall be prescribed by the central competent authority.&#xd;
Article 8&#xd;
The gender equity education committee of the municipal government and county or city level shall consist of nine to twenty-three members, who shall serve specific terms. The mayor of the municipality, the magistrate of the county or the mayor of the city government shall be chair of the committee. Committee members shall have an awareness of gender equity and not engage in behaviors contrary to gender equity. At least half of the committee members shall be women. Experts, scholars, NGO/NPO representatives, student representatives, and practitioners from fields related to gender equity education shall make up at least one-third of the committee members.&#xd;
The aforesaid committee shall hold at least one meeting every three months, and appoint staff member(s) ad hoc to handle related matters. Guidelines regarding the committee's organization, meetings, committee member qualifications, duration of appointment, grounds for dismissal, dismissal procedure, and other related matters shall be prescribed by the central competent authority. Competent authorities at the municipal and county (city) level shall, in accordance with these guidelines, prescribe autonomous regulations governing their gender equity education committees.&#xd;
The gender equity education committees of the competent authorities for military academies, preparatory schools, police academies of all levels, and juvenile correctional institutions shall consist of nine to twenty-three members, with fixed terms of appointment. The head official of the competent authority with jurisdiction over schools shall serve as the chairperson of the committee. Committee members shall have an awareness of gender equity and not engage in behaviors contrary to gender equity. At least half of the committee members shall be women. Committee members who are experts in fields related to gender equity education shall account for at least half of total committee membership.&#xd;
The aforesaid committees shall hold at least one meeting every three months and appoint staff member(s) ad hoc to handle related matters. The means of the committees' organization, meetings, committee member qualifications, duration of appointment, grounds for dismissal, dismissal procedure, tasks that may be delegated to affiliated agencies, and other related matters shall be prescribed by the competent authority with jurisdiction over schools.&#xd;
Article 9&#xd;
The gender equity education committee of the school shall consist of five to twenty-one members, who shall serve specific terms. The school principal or president shall be chair of the committee. The committee members shall have an awareness of gender equity and not engage in behaviors contrary to gender equity. At least one half of the committee members shall be women. Representatives of faculty, staff, parents, students, and experts and scholars from fields related to gender equity education may be invited to be committee members.&#xd;
The aforesaid committee shall hold at least one meeting every three months, and appoint a staff member or teacher ad hoc to handle related matters. Guidelines regarding the committee's organization, meetings, committee member qualifications, duration of appointment, grounds for dismissal, dismissal procedure, and other related matters shall be prescribed by the central competent authority. Schools shall, in accordance with these guidelines, prescribe relevant regulations governing their gender equity education committees.&#xd;
Article 10&#xd;
The competent authority shall prepare budgets in accordance with all the projects planned by its gender equity education committee.&#xd;
Article 11&#xd;
The competent authority shall supervise schools, social education institutions, or institutions under its jurisdiction to carry out tasks pertinent to gender equity education, as well as provide assistance where necessary. Those who accomplish significant achievements shall be awarded, whereas those who have substandard achievements shall be corrected and supervised for improvement.&#xd;
Chapter 2 Learning environment and resources&#xd;
Article 12&#xd;
The school shall provide a gender-fair learning environment, respect and give due consideration to students, faculty, and staff with different gender, gender temperaments, gender identity, and sexual orientation. Moreover, it shall establish a safe campus environment.&#xd;
The school shall prescribe and promulgate regulations for implementing gender equity education.&#xd;
Article 13&#xd;
The school shall not discriminate against a prospective student during recruitment or evaluation of applications for admission on the basis of his or her gender, gender temperaments, gender identity or sexual orientation. With the approval of the competent authority, this requirement will not apply to schools, classes and curricula with a specific historical tradition, special education objectives, or other reasons unrelated to gender.&#xd;
Article 14&#xd;
The school shall not discriminate against students on the basis of their gender, gender temperaments, gender identity, or sexual orientation in its instruction, activities, assessments, rewards and penalties, benefits, or services. This requirement does not apply to matters suitable only to persons of a specific gender, gender temperaments, gender identity, or sexual orientation.&#xd;
The school shall proactively provide assistance to students who are disadvantaged due to their gender, gender temperaments, gender identity, or sexual orientation with the aim of improving their circumstances.&#xd;
Article 15&#xd;
The school shall proactively protect the right to education of pregnant students, and provide necessary assistance.&#xd;
Article 16&#xd;
Gender equity education shall be included in pre-service training of faculty and staff, orientation training of new staff members, in-service education program and preparation program for educational administrators, the same in professional teacher training programs in colleges and universities.&#xd;
Article 17&#xd;
At least one-third of members of performance evaluation committee , appeal review committee , and teacher review committee at the school level, as well as the teacher appeal review committee of the competent authority with jurisdiction, shall consist of either sex. This requirement need not apply to schools whose number of faculty members of either sex is lower than one-third of the total number of Faculty Evaluation Committee members.&#xd;
Chapter 3 Curriculum, teaching materials and instruction&#xd;
Article 18&#xd;
The school shall design curriculum and activities to encourage students to develop their potential and shall not discriminate students on the basis of their gender.&#xd;
Elementary and junior high schools, in addition to integrating gender equity education into their curriculum, shall provide at least four hours of courses or activities on gender equity education each semester.&#xd;
Senior high schools shall integrate gender equity education in their curriculum, the same as the five-year junior colleges in the first three years of their curriculum.&#xd;
Universities and colleges shall offer a wide range of courses on gender studies.&#xd;
Schools shall develop course planning and assessment methods in accordance to principles of gender equity education.&#xd;
Article 19&#xd;
The compilation, composition, review and selection of course materials shall comply with the principles of gender equity education. The content of teaching materials shall present fairly on the historical contributions, life experiences of both sexes, and diverse gender perspectives.&#xd;
Article 20&#xd;
When using teaching materials and engaging in educational activities, teachers shall maintain an awareness of gender equity, eliminate gender stereotypes, and avoid gender prejudice and discrimination.&#xd;
Teachers shall encourage students to take courses in fields that are not traditionally affiliated with their genders.&#xd;
Chapter 4 Prevention and handling of gender-related incidents on campus&#xd;
Article 21&#xd;
The central competent authority shall establish guidelines for preventing and handling gender-related incidents on campus. These guidelines shall include campus safety plans, matters needing attention regarding on- and off-campus instruction and activities as well as interpersonal interaction, ethical considerations for principals and faculty members regarding sex- or gender-related matters, matters related to self-initiated disclosure, and handling mechanisms, procedures, and relief for gender-related incidents on campus.&#xd;
Schools shall prescribe and promulgate prevention and control regulations in accordance with the aforesaid guidelines. Schools at the senior high and higher levels shall prescribe and promulgate relevant regulations or professional ethical standards in accordance with the previous Paragraph.&#xd;
Schools shall actively promote education on the prevention of gender-related incidents, with the aim of increasing respect among principals, teachers, staff members, workers, and students for the bodily autonomy of others and oneself. Schools shall conduct annual gender-related incident prevention education and advocacy events, and evaluate their effectiveness.&#xd;
Article 22&#xd;
Should a principal, teacher, staff member, or worker become aware of a suspected gender-related incident occurring at the school where they are employed, they shall report the incident to the school authorities designated in the school's prevention and control regulations. The school authorities shall handle the matter in accordance with the following provisions no later than twenty-four hours after receiving the report:&#xd;
1. Report the incident to the school's competent authority.&#xd;
2. Report the incident to the competent social welfare authority of the municipality or county (city) where the school is located in accordance with the Sexual Assault Crime Prevention Act, The Protection of Children and Youths Welfare and Rights Act, the People with Disabilities Rights Protection Act, and other pertinent laws and regulations.&#xd;
The principal, teacher, staff member, or worker of the school shall not falsify, alter, destroy, or conceal evidence of gender-related incidents on campus in which others are implicated.&#xd;
In handling a gender-related incident on campus, the school or competent authority shall turn over the case to its Gender Equity Education Committee for investigation and handling. No person shall establish any other means of investigation, and the results of investigations conducted by violators shall be null and void.&#xd;
Article 23&#xd;
When investigating a gender-related incident on campus, the school or competent authority shall be objective, fair and professional, allowing both involved parties sufficient opportunities to make their statements and respond to allegations. Repetitive interrogation shall be avoided.&#xd;
The involved parties' and informant's name and other information that may lead to personal identification shall be kept confidential, except when necessary for investigative purposes or to allay public safety concerns.&#xd;
Article 24&#xd;
When investigating a gender-related incident on campus, the school or competent authority shall take necessary measures for the protection of the involved parties' rights to education and employment, and must not use unequal power or status to act in a manner that could affect the victim's rights to education or employment, or to request an investigation.&#xd;
Article 25&#xd;
In handling a gender-related incident on campus, the school or competent authority shall inform the victim and his/her guardian or de facto custodian of his/her rights and avenues for relief, or refer him/her to relevant institutions for resolution. In addition, based on his/her needs, psychological counseling and guidance, or other types of professional services shall be provided. When necessary, protective measures, legal assistance, referrals to social welfare resources, or other assistance shall be provided. When an informant is at risk of harm, necessary protective measures or other assistance shall be provided.&#xd;
The school or competent authority shall appoint a physician, clinical psychologist, counseling psychologist, social worker, or lawyer to provide the aforementioned psychological counseling and guidance, protective measures, legal assistance, or other assistance.&#xd;
If a student is the victim of sexual assault, sexual harassment, or sexual bullying, but is not within the definitional scope of this Act, the school with which the student is affiliated may apply the provisions of the preceding two Paragraphs accordingly.&#xd;
Article 26&#xd;
Once a gender-related incident on campus has been investigated and established as having actually occurred by the school or competent authority in accordance with the pertinent laws or regulations, the school or competent authority shall itself impose a formal reprimand, demerit, dismissal, suspension, non-renewal of contract, discharge from employment, termination of a contractual relationship, termination of a service relationship, or some other appropriate penalty on the offender, or transfer him or her to another authorized agency with the jurisdiction to do so.&#xd;
When handling a gender-related incident on campus, the school, competent authority, or other authorized agency with the jurisdiction to take disciplinary measures and impose penalties shall in addition order that the offender receive psychological counseling, and may also order that he/she must comply with one or more of the following measures, except for an offender already subject to a lifetime ban on appointment, employment, contractual relationship, or service relationship.&#xd;
1. Apologize to the victim, if the victim, his/her legal guardian, or his/her de facto custodian gives consent. When a legal guardian or de facto custodian consents, the best interests of the child or minor shall be given priority, and his/her opinions shall be weighed based on his/her level of mental maturity.&#xd;
2. Attend eight hours of gender equity education related courses.&#xd;
3. Other measures that serve an educational purpose.&#xd;
The school or competent authority shall appoint a physician, clinical psychologist, counseling psychologist, social worker, or lawyer to provide the aforementioned psychological counseling and guidance.&#xd;
In cases in which the incident of sexual harassment, sexual bullying, or sex- or gender-related behavior by a principal or faculty member that violates professional ethical standards was not serious in nature, the school, competent authority, or authorized agency may just act in accordance with the stipulations of Paragraph 2, as the necessary element of handling the matter.&#xd;
When any disciplinary measure referred to in Paragraph 1 involves a change to the offender’s status, the offender shall be given an opportunity to make a written statement presenting his or her views.&#xd;
Any disciplinary measure listed in Paragraph 2 shall be implemented by the school or competent authority that imposes it, and when doing so, the school or competent authority shall take all necessary measures to ensure the offender’s full cooperation and compliance.&#xd;
When Subparagraph 1 of Paragraph 2 is applied and the involved parties are both students, the school may utilize restorative justice or other counseling strategies to encourage relationship repair.&#xd;
Article 27&#xd;
During the investigation of a gender-related incident on campus, the school or competent authority may make public a description of pertinent matters, handling methods, and principles where necessary. After the case has been closed and upon the approval of the victim, his/her guardian, or his/her de facto custodian, the school or competent authority may also make public whether the case is established, the type of the case, and handling method of the case. Party names and other information that may lead to their identification shall not be revealed.&#xd;
Article 28&#xd;
The school or competent authority shall establish a database of gender-related incidents on campus, as well as profiles of offenders.&#xd;
If the offender is a student and transfers to another school for studies, the former competent authority and the school where the offender originally studied shall, in such cases as they consider there to be a need for follow-up counseling, notify the new school where the offender studies within one month of the date of knowing such transfer.&#xd;
If the offender is not a student and transfers to another school for employment, the former competent authority and the school where the offender was originally employed shall provide follow-up counseling, and notify the new school where the offender is employed within one month of the date of knowing such transfer.&#xd;
The notified school described in the previous two Paragraphs shall keep track of the offender and provide counseling where necessary. The school shall not reveal the offender’s name or other information that may lead to his or her identification without legitimate reason.&#xd;
The establishment, means of retention, duration of retention, destruction, and use of the database mentioned in Paragraph 1, and the school notification and other pertinent matters mentioned in Paragraphs 2 and 3, shall be prescribed in accordance with the principles of prevention prescribed in Article 21, Paragraph 1.&#xd;
Article 29&#xd;
If an investigation conducted by the gender equity education committee of a school or by an appropriate committee set up in accordance with the law confirms that any of the circumstances listed below apply to an educator that the school has appointed or employed, or to some other staff member with whom the school has entered a contract or whose services it has engaged, the educational institution shall dismiss the person, revoke their appointment, terminate the contractual relationship, or terminate the service relationship, as applicable:&#xd;
1. In cases of sexual assault, or in cases of sexual harassment, sexual bullying, or sex- or gender-related behavior by a principal or faculty member that violates professional ethical standards and warrants a lifetime ban on appointment, employment, contractual relationships, or service relationships.&#xd;
2. In cases of sexual harassment, sexual bullying, or sex- or gender-related behavior by a principal or faculty member that violates professional ethical standards where it is necessary to dismiss the person, revoke his/her appointment, terminate the contractual relationship, or terminate the service relationship, and after considering the circumstances of the case, a decision is made that the school may not appoint, employ, enter into a contract with, or engage the services of the individual for a period of one to four years.&#xd;
A person involved in any circumstances referred to in Subparagraph 1 of the previous paragraph apply, any school at any level is not permitted to appoint, employ, enter into a contract with, or engage the services of that person. If such a person has already been appointed, employed, entered into a contract with, or had their services engaged, the school shall revoke the appointment, discharge the person from employment, terminate the contractual relationship, or terminate the service relationship, as applicable. The same shall apply in the case of a person involved in any circumstances described in Subparagraph 2 of the previous paragraph and a period of between one and four years has been formally decided on, during which time a school is not permitted to employ, appoint, enter into a contract with, or engage the services of that person.&#xd;
If the gender equity education committee of a school has investigated and verified that a personnel member to whom the dismissal from employment, revocation of appointment, or termination of a contractual or service relationship referred to in the provisions of Paragraph 1 do not apply has committed sexual assault, or in cases of sexual harassment, sexual bullying, or sex- or gender-related behavior by a principal or faculty member that violates professional ethical standards and warrants a lifetime ban on appointment, employment, contractual relationships, or service relationships, or behavior in violation of the Child and Youth Sexual Transaction Prevention Act or the Child and Youth Sexual Exploitation Prevention Act, then appointment of, employment of, contractual relationships with, and service relationships with that person are not permitted. If the person has already been appointed or employed, or if a contractual or service relationship exists with the person, the school shall revoke the appointment, dismiss the person, terminate the contract, or terminate the service relationship, as applicable. The same shall apply if the school's gender equity education committee has investigated and verified sexual harassment, sexual bullying, sex- or gender-related behavior by a principal or faculty member that violates professional ethical standards, violations of the Act for the Prevention and Control of Child and Youth Sexual Exploitation, or violations of the Act for the Prevention and Control of Child and Youth Prostitution that does not warrant a lifetime ban on appointment, employment, contractual relationships, or service relationships and has formally decided on a period of between one and four years, during which time a school is not permitted to appoint, employ, enter into a contract with, or engage the services of that person.&#xd;
Article 30&#xd;
The competent authorities and schools of all levels shall undertake reporting, and collection and checking of information regarding any persons to whom any of the circumstances referred to in the previous Article apply.&#xd;
Before appointing or employing any educator, or entering into a contract with or engaging the services of any other person, a school shall, in accordance with the provisions of the Sexual Assault Crime Prevention Act, check whether or not the candidate has any record of criminal sexual assault, and in accordance with the regulations referred to in Paragraph 4, shall check whether the candidate has ever been implicated in sexual assault, sexual harassment, sexual bullying, or sex- or gender-related behavior by a principal or faculty member that violates professional ethical standards, or acted in violation of the Child and Youth Sexual Transaction Prevention Act or the Child and Youth Sexual Exploitation Prevention Act. Such checks shall be undertaken on a regular basis of persons already employed, appointed, entered into a contract with, or whose services are being engaged.&#xd;
When assisting schools to undertake the checking referred to in the preceding Paragraph, the competent authorities at each level may use the database of persons who have been subject to an administrative penalty that was compiled by the central competent social welfare authority, in accordance with the provisions of the Child and Youth Sexual Exploitation Prevention Act, or Article 27 of the Sexual Harassment Prevention Act, as well as the database compiled by the central competent labor authority under the Act of Gender Equality in Employment of incidents related to sexual harassment prevention.&#xd;
The regulations governing the reporting, and the collection, checking, handling, and use of information, and other related matters referred to in the previous three paragraphs shall be prescribed by the central competent authority.&#xd;
The revocation of appointment, suspension of appointment, discharge from employment, permanent dismissal from employment, suspension of employment, or discharge from military service of personnel referred to in the previous Article to whom the Teachers' Act, the Act Governing the Appointment of Educators, relevant laws governing civil servants, or relevant laws governing military personnel are applicable shall be conducted in accordance with the applicable provisions of those laws, and the provisions of the previous four Paragraphs. In cases where dismissal, revocation of appointment, permanent dismissal from employment, or discharge from military service has not occurred, the person shall be transferred away from their current position at the school.&#xd;
For any personnel member not referred to in the previous paragraph who has been involved in any of the circumstances referred to in Paragraph 1 or Paragraph 3 of the previous Article, during the investigation period the school or the competent authority shall order the person to be temporarily suspended from employment following a resolution by the gender equity education committee; if the reason(s) for the temporary suspension of employment ceases to exist and the person is reinstated, any salary that they were not paid during the suspension period shall be paid to the person in arrears in accordance with the provisions of relevant regulations.&#xd;
Chapter 5 Application for Investigation and Remedy&#xd;
Article 31&#xd;
A victim of a gender-related incident on campus, his/her legal representative, or de facto custodian may apply for an investigation in writing to the school with which the offender is affiliated. However, when the offender is currently or was previously the principal of the school, the application shall be made to the school's competent authority.&#xd;
Anyone with the knowledge of the incidents mentioned in the preceding Paragraph may report them to the school or competent authority according to prescribed procedures.&#xd;
Schools and competent authorities shall not impose adverse sanctions or measures against a victim or any person who applies for an investigation, reports an incident, or assists others in applying for an investigation or reporting an incident.&#xd;
Article 32&#xd;
After receiving an application for investigation or a report of an offense, the school or competent authority shall notify the applicant, victim, or informant in writing within twenty days whether the application is accepted.&#xd;
The school or competent authority shall reject the application or offense report if one of the following applies:&#xd;
1. Events not prescribed in the regulations of this Act.&#xd;
2. Applicants or informants who do not provide their real names.&#xd;
3. A case that has already been handled and closed.&#xd;
The notification in the preceding paragraph shall explain the reason of its rejection in writing.&#xd;
The applicant, victim, or informant may submit a written request for reconsideration to the school or competent authority, specifying the grounds for reconsideration, if he/she does not receive notification of the application's disposition within the time limit specified in Paragraph 1 or may do so within twenty days from the day following receipt of notification that the application is rejected.&#xd;
Article 33&#xd;
After receiving an application or a report of an offense referred to in Paragraph 1 of the previous article, a school or competent authority shall delegate the matter to its gender equity education committee within three days to handle an investigation, except when the circumstances referred to in Paragraph 2 of the previous article apply.&#xd;
When the gender equity education committee of a school or competent authority is handling an incident referred to in the previous Paragraph, it may set up an investigation team to investigate the matter; when necessary, some or all appointed members of the investigation team may be persons from outside the educational institution or competent authority. However, if the offender is a principal, teacher, staff member, or worker, an investigation team shall be established, and all of its members shall be external appointees. The investigation teams in which all appointed members are from outside the educational institution or competent authority and the completed investigation reports that occurred before the amendments to this Act takes effect on December 30, 2018, were legal.&#xd;
Members of the investigation team shall have an awareness of gender equity, and the number of female members is not permitted to be fewer than half of the total number of members. At least one-third of any investigation team at the school level and at least one half of any investigation team at the competent authority level shall be experts or scholars with professional expertise in the investigation of gender-related incidents on campus. The qualifications required for members shall be determined by the central competent authority.&#xd;
When the parties involved in a gender-related incident on campus belong to different schools, each investigation team specified in the previous Paragraph shall also include one or more representatives of the school with which the victim is affiliated. However, if the victim, his/her legal representative, or his/her de facto custodian requests that the school where the victim is currently enrolled not be notified, and the gender equity education committee determines that there is no need to make such notification, this requirement does not apply.&#xd;
When a gender equity education committee or an investigation team carries out an investigation in accordance with the provisions of this Act the perpetrator, the applicant, and any person(s) who or unit(s) which have been asked to assist in the investigation shall cooperate and provide pertinent information, and shall not evade, obstruct, or refuse.&#xd;
Applicable provisions of the Administrative Procedure Law regarding jurisdiction, referral of cases, recusal, service of notifications, and amendments shall be applied in this Act or apply, mutatis mutandis.&#xd;
Article 34&#xd;
The handling of the investigation of a case by a gender equity education committee will not be affected by any judicial procedures regarding the same case.&#xd;
When investigating and handling a case, the gender equity education committee shall take into account the difference in power between the two parties.&#xd;
When an investigation finds that an individual may have been involved in suspected gender-related incidents on campus at different schools, the schools where the individual is currently employed and previously employed shall be notified of the timing and nature of the suspected incidents and cooperate in their investigation. The notified schools shall not refuse.&#xd;
If the investigation finds that the same individual is involved in suspected gender-related incidents with different victims, these cases may be investigated together.&#xd;
Article 35&#xd;
If a school principal is involved in a gender-related incident on campus, and the gender equity education committee established by the school's competent authority deems it to be of a serious nature, requiring adjustment to or the suspension of the principal's duties during the investigation, the school's competent authority may institute such an adjustment or suspension. However, if the principal holds a military position, the Act of Assignment for Officers and Noncommissioned Officers of the Armed Force and related regulations shall apply.&#xd;
An individual who has been suspended from duties as stipulated in the preceding Paragraph may apply for reinstatement and to receive the base salary, seniority-based salary, or the equivalent renumeration for the period he/she has been suspended from duties in accordance with this Act or other relevant laws if the investigation does not conclude that the offense occurred, or if it concludes that the offense occurred but the suspension of duties, dismissal from employment, termination of appointment, suspension of appointment, or non-renewal of appointment has not been carried out in accordance with laws governing civil servants, educational personnel, or other relevant regulations.&#xd;
Schools and competent authorities shall not accept retirement (military discharge) or severance applications from a principal or faculty member, civil servant, or member of the military employed or appointed by a school upon learning that he/she has been involved in a campus gender-related incident and lawfully subject to suspension of appointment, termination of appointment, non-renewal of appointment, referral for disciplinary action, or submission for review by the Control Yuan, or during a period of lawful suspension of duties or dismissal from employment.&#xd;
Article 36&#xd;
The Gender Equity Education Committee of the school or competent authority shall complete its investigation of a case within two months from the date the application or offense report is accepted.&#xd;
The investigation may be extended at most twice if necessary, and each extension may not exceed one-month’s time. The applicant, victim, informant, and offender shall be notified of the extension.&#xd;
After the investigation is complete, the Gender Equity Education Committee shall submit a written report to its school or competent authority regarding the investigation and suggestions for handling.&#xd;
After receiving the aforesaid investigation report, the school or competent authority shall put forth a disposition or turn it over to the pertinent authority for a decision within two months according to this Act or pertinent laws or regulations. The school or competent authority shall notify in writing the applicant, victim, informant, and offender of its handling conclusion, facts established and grounds.&#xd;
Before reaching the aforesaid conclusion, the school or competent authority may request representative(s) of its Gender Equity Education Committee to attend the meeting for clarification.&#xd;
Article 37&#xd;
If not agreeing with the conclusion referred to in Paragraph 3 of the preceding Article, the applicant, victim, and offender may, within thirty days from the day following receipt of the written notification, submit a written request for reconsideration to the school or competent authority, specifying the grounds for reconsideration. However, if the offender is the principal, a teacher, staff member, or worker, the applicant or victim may make the request for reconsideration directly to the competent authority.&#xd;
The aforesaid request for reconsideration may be made only once.&#xd;
The school or competent authority may request that its gender equity education committee reinvestigate the case if, upon reconsideration of the original investigation's conclusion, the school or competent authority finds significant flaws in the investigative procedure, or identifies new facts or new evidence sufficient to affect the original investigation's determination. In the case of a request for reconsideration filed directly with the competent authority under the provisions of Paragraph 1, the reinvestigation shall be completed within forty days.&#xd;
If, upon reconsideration conducted pursuant to the provisions of Paragraph 1, the competent authority determines that the conclusion reached by the school's investigation is unlawful or otherwise inappropriate, it may when necessary and in accordance with the recommendations of the gender equity education committee directly impose a remedy or specify the reasons for returning the matter to the school for handling in conformance with the law, and shall also hold responsible individuals accountable.&#xd;
Article 38&#xd;
After receiving request for reinvestigation from the school or competent authority, the Gender Equity Education Committee shall organize a new investigation team, whose investigation and handling procedures shall follow pertinent regulations prescribed by this Act.&#xd;
Article 39&#xd;
If not satisfied with the disposition of the reconsideration, the applicant, victim, or offender may petition for relief according to the following regulations within thirty days from the day following receipt of the written notification. However, if there are countervailing legal provisions, those provisions shall prevail:&#xd;
1. School principals and teachers: regulations prescribed by the Teachers' Act or relevant laws and regulations shall apply.&#xd;
2. Civil service employees in public schools who are hired according to the Civil Service Employment Act and employees hired before the effective date（May 3rd, 1985）of the Statute for Appointment of Educational Personnel: regulations prescribed by the Civil Servant Protection Act shall apply.&#xd;
3. School students: petition the school with which they are affiliated in accordance with regulations.&#xd;
The relief provided for in the preceding Paragraph may only be initiated after the decision on reconsideration has been rendered.&#xd;
Article 40&#xd;
When a school's competent authority investigates and handles gender-related incidents on campus, it shall provide the school with consultation services, counseling assistance, legal supervision, or corrective actions.&#xd;
If the school's competent authority finds that the school's gender equity education committee has failed to convene meetings in accordance with the law, has convened meetings but has failed to review matters for which review is required, or its investigation has procedural or substantive flaws, or if there are legal uncertainties regarding the investigation's determinations, and such findings are made before completion of the school's reconsideration process, the competent authority shall specify the reasons and notify the school to address these matters in tandem with the reconsideration process. If such matters are not addressed in tandem with the reconsideration process or if a request for reconsideration is not made within the specified time period, the competent authority shall return the matters, specifying the grounds for doing so, to the school's gender equity education committee for review within a prescribed period.&#xd;
After the competent authority returns the matters to the school's gender equity education committee for review pursuant to the preceding Paragraph, if the school's gender equity education committee fails to conduct a review in accordance with the law within the prescribed period or if the results of the review still raise concerns of illegality or impropriety, the competent authority may refer the matters directly to the gender equity education committee it has established, specifying the grounds for doing so, and this committee's determination shall be considered as equivalent to a determination by the school's gender equity education committee.&#xd;
When the competent authority's review of the circumstances described in the preceding paragraph reaches a determination that the school is at fault, the competent authority shall include that determination as a factor in school evaluation, reduction of grants (subsidies), or administrative assessment, and shall also hold responsible individuals accountable.&#xd;
Article 41&#xd;
The school or competent authority shall establish facts relevant to cases prescribed by the Act according to the investigation report provided by its Gender Equity Education Committee.&#xd;
The court shall consult the investigation reports provided by the Gender Equity Education Committee at different levels in establishing facts referred to in the preceding paragraph.&#xd;
Article 42&#xd;
In cases where the offender involved in a gender-related incident on campus is a school principal, teacher, staff member, or worker, and the affected student suffers harm as a result of the incident, the offender shall be liable for compensatory damages.&#xd;
Even if the harm described in the previous Paragraph does not involve a financial loss, the student may request monetary damages commensurate with the harm. In cases of reputational harm, the student may request appropriate measures to restore his/her reputation.&#xd;
In addition to liability for compensatory damages pursuant to the provisions of the previous two Paragraphs, a court may, if the victim so requests and depending on the severity of the offense, impose punitive damages ranging from one to three times the compensatory damages. If the offender is a school principal, the court may impose punitive damages ranging from three to five times the compensatory damages.&#xd;
Chapter 6 Penal Provisions&#xd;
Article 43&#xd;
The principal or president, or a teacher, non-teaching staff member, or other worker at a school to whom any of the following circumstances apply is subject to a fine of not less than 30,000 New Taiwan Dollars and not more than 150,000 New Taiwan Dollars:&#xd;
1. The person has violated, without reasonable grounds, the provisions of Paragraph 1 of Article 22 by failing to report the incident to personnel with administrative authority at the school or to the school's competent authority within 24 hours.&#xd;
2. The person has violated Paragraph 2 of Article 22 by forging, altering, destroying, or concealing evidence pertaining to an incident of on-campus sexual harassment or sexual bullying perpetrated by some other person(s), or sex- or gender-related behavior by a principal or faculty member that violates professional ethical standards.&#xd;
A school that acts in violation of the provisions of Paragraph 3 of Article 22, Paragraph 2 of Article 23, the latter part of Article 24, the proviso to Article 27, Paragraph 4 of Article 28, or Paragraph 3 of Article 31 is subject to a fine of not less than 10,000 New Taiwan Dollars and not more than 150,000 New Taiwan Dollars; any other person working there who acts in violation of any of these provisions is also subject to such a fine.&#xd;
A school in violation of the provisions of Article 13, Article 14, Article 15, Article 17, or Paragraph 2 of Article 21 is subject to a fine of not less than 10,000 New Taiwan Dollars and not more than 100,000 New Taiwan Dollars.&#xd;
If an offender violates Paragraph 6 of Article 26 by failing without reasonable grounds to comply with the implementation of the measures specified in the preamble, Subparagraph 2 and Subparagraph 3 of Paragraph 2, or violates Paragraph 5 of Article 33 by failing without reasonable grounds to cooperate with the investigation specified there, the school shall report the matter to the competent authority and request that it impose a fine of not less than 10,000 New Taiwan Dollars and not more than 50,000 New Taiwan Dollars, and a separate fine may be imposed for each instance of a violation until the offender complies or provides relevant information. When, however, the offender is the principal or president of the school, the fine shall be directly imposed by the competent authority.&#xd;
If the principal or president of a school or a member of the board of directors of a school endowment corporation has been negligent in exercising their duties with the result that the school has not, in accordance with the provisions of Paragraph 1, the preamble, Subparagraph 2 and Subparagraph 3 of Paragraph 2, or Paragraph 6 of Article 26, taken disciplinary action or measures against an offender other than those specified in Subparagraph 1 of Paragraph 2 of Article 26, or has not taken measures necessary to ensure the offender's full cooperation and compliance, the principal or president or the board member is subject to a fine of not less than 10,000 New Taiwan Dollars and not more than 50,000 New Taiwan Dollars.&#xd;
Article 44&#xd;
A principal, teacher, staff member, or worker of a school who violates the regulations on reporting suspected incidents of sexual assault on campus described in Paragraph 1 of Article 22 when such a violation results in a further incident of sexual assault on campus, or who falsifies, alters, destroys, or conceals evidence of sexual assault on campus committed by others shall, if the evidence has been verified by the school or relevant authorities to be accurate, be subject to dismissal, discharge from employment, termination of contractual relationship, or termination of service relationship in accordance with the law.&#xd;
A principal, teacher, staff member, or worker of a school who falsifies, alters, destroys, or conceals evidence of on-campus sexual harassment or sexual bullying committed by others, or of sex- or gender-related behavior by a principal or faculty member that violates professional ethical standards shall, upon verification by the school or relevant authorities that such actions have taken place, be subject to dismissal, discharge from employment, termination of contractual relationship, or termination of service relationship as required by relevant regulations.&#xd;
The school or competent authority shall report any individual who violates the provisions described in the previous two Paragraphs in accordance with the law.&#xd;
Chapter 7 Supplementary Provisions&#xd;
Article 45&#xd;
The provisions of Article 10, Article 25, and Article 26 of the Sexual Harassment Prevention Act shall apply to gender-related incidents on campus as defined in this Act.&#xd;
Article 46&#xd;
All gender-related incidents on campus that were already under review but whose review had not reached a determination prior to the effective date of the amendments to this Act on [date], as well as incidents that occurred before the amendments came into effect and were subsequently taken up after the amendments came into effect, shall be concluded in accordance with the provisions in effect after the amendments. However, the validity of procedures that have already been initiated shall not be affected.&#xd;
Article 47&#xd;
Enforcement Rules for this Act shall be drawn by the central competent authority.&#xd;
Article 48&#xd;
This Act will take effect as of the date of promulgation, except for the provisions of Paragraph 2 of Article 2, Subparagraph 2 and Item 4 of Subparagraph 3 of Article 3, Paragraph 2 of Article 5, Articles 7 through 9, Article 21, Article 29, Article 30, proviso to the former part of Paragraph 2 and Paragraph 3 of Article 33, Article 37, Article 40, and Article 44, which will take effect on March 8, 2024.]]&gt;</summary><liaisonper/><liaisontel/><liaisonfax/><liaisonemail/><docs/><images/><videos/><audios/><resources><resources><relateURL>https://law.moj.gov.tw/ENG/LawClass/LawAll.aspx?pcode=H0080067</relateURL><relateName>Gender Equity Education Act</relateName></resources></resources></item><item><subject>&lt;![CDATA[Enforcement Rules for the Gender Equity Education Act]]&gt;</subject><dataClassName>Campus Related</dataClassName><pubUnitName>Office of Gender Equality Education</pubUnitName><posterDate>2024-02-15</posterDate><updateDate/><detailContent>&lt;![CDATA[]]&gt;</detailContent><summary>&lt;![CDATA[Article 1&#xd;
These enforcement rules are enacted pursuant to Article 47 of the Gender Equity Education Act（hereafter referred to as the Act）.&#xd;
Article 2&#xd;
The phrase “substantive equality of gender status” in the first subparagraph of the first paragraph of Article 1 and the first subparagraph of Article 3 of the Act shall mean that no one shall be discriminated against due to his or her sex, sexual orientation, gender temperament, or gender identity.&#xd;
The determination of sexual harassment or sexual abuse incidents, referred to in the third subparagraph of Article 3 of the Act shall be examined on a case-by-case basis, in order to investigate the concrete facts of the background of the occurrence, environment, interpersonal relationships, the offender's speech and conduct and the understandings of the respondents.&#xd;
Article 3&#xd;
The Gender Equity Education Committee shall contain the following items in its annual project as prescribed in the first subparagraph of Article 4, the first subparagraph of the first paragraph of Article 5, and the first subparagraph of Article 6 of the Act:&#xd;
1. Goals: Evaluate the achievement of the previous year, decide the theme of the year, and set the direction of future development.&#xd;
2. Strategies: Integrate projects and affairs among different offices within the institute; collaborate, communicate, and integrate resources with related institute.&#xd;
3. Tasks: List specific tasks for the year.&#xd;
4. Resources: Plan budget and human resources needs.&#xd;
Article 4&#xd;
When the Gender Equity Education Committee carries out supervision and evaluation according to the third subparagraph of Article 4, the third subparagraph of the first paragraph of Article 5, and the competent authority carries out supervision and evaluation according to Article 11 of the Act, they may do so in the form of joint supervision and invite experts, scholars and NGO/NPO representatives related to the field of gender equity education to participate in the task.&#xd;
The aforesaid evaluation shall be carried out on a regular basis. Evaluation standards and rules shall be announced half a year in advance, and assessment results shall be used as references for joint supervision evaluation and school affair evaluation.&#xd;
Article 5&#xd;
The research and development of curricula, instruction, and assessment prescribed in the fourth subparagraph of Article 4, the fourth subparagraph of the first paragraph of Article 5, and the third subparagraph of Article 6 of the Act shall include the following matters:&#xd;
1. curricula:&#xd;
i. Pre-service training of staff members, orientation training of new staff members, in-service program and preparation program for candidates of educational administrators as prescribed in Article 16 of the Act.&#xd;
ii. Curricula and activities provided to students as prescribed in the first paragraph of Article 18.&#xd;
2. Instruction:&#xd;
i. Develop innovative teaching methods related to gender equity education.&#xd;
ii. Enhance teachers’ competence in gender equity education pedagogies.&#xd;
3. Assessments:&#xd;
i. Cognition, affection, and practice of the concept of gender equity.&#xd;
ii. Diverse and non-gender-biased methods of assessment such as observation, operation tasks, performances, oral exams, written exams, assignments, learning progress portfolio, research reports etc.&#xd;
Article 6&#xd;
Tasks to be contained in the consultation service prescribed in the sixth subparagraph of Article 4 and the fifth subparagraph of the first paragraph of Article 5 of the Act shall include:&#xd;
1. Assistance in providing information on books, journals, thesis, human resources data files, as well as academic and NGO/NPO related to gender equity education.&#xd;
2. Assistance in the establishment formation and operation of Gender Equity Education Committees.&#xd;
3. Assistance in the institutionalization of research and teaching programs related to gender equity education.&#xd;
4. Other consultation services related to the implementation of the Act.&#xd;
Article 7&#xd;
Fields related to gender equity education as prescribed in the first paragraph of Article 7, the first and third paragraph of Article 8, and the first paragraph of Article 9 of the Act shall refer to researches, instruction or practicing on issues regarding gender, sex education, and multiculturalism.&#xd;
Article 8&#xd;
The term “gender equity consciousness” in the first paragraph of Article 7, the first and the third paragraphs of Article 8, the first paragraph of Article 9, the first paragraph of Article 20, and the third paragraph of Article 33 of the Act shall refer to a person’s identification with the value of gender equity, understanding of the phenomena and causes of gender inequity, and willingness to help improve the situation.&#xd;
Article 9&#xd;
When establishing a safe campus environment as prescribed in first paragraph of Article 12 of the Act, the school shall consider the following matters in accordance to principals of gender unbiasedness, safety, friendliness and fair allocation:&#xd;
1. Space arrangement.&#xd;
2. Management and security.&#xd;
3. Sign system, rescue system, and safety routes.&#xd;
4. Restroom and sports facilities.&#xd;
5. Lighting and space permeability.&#xd;
6. Other pertinent matters.&#xd;
Article 10&#xd;
In addition to postings on the school bulletin board, promulgation methods prescribed in the second paragraph of Article 12, the second paragraph of Article 22 of the Act may include written, oral, internet, or other appropriate forms.&#xd;
Article 11&#xd;
Assistance prescribed in Article 15 of the Act shall include using resources on and off campus to provide education suitable to students who are pregnant or have recently gone through child delivery, and deploying flexible measures to assist them to complete their education and providing them with counseling Services.&#xd;
Article 12&#xd;
The term “Staff Appraisal Committee” in Article 17 of the Act shall refer to the committee organized to evaluate the performance of school’s faculty and staff. For public schools, however, the term shall refer to the committee whose evaluation is limited to the schools’ faculty.&#xd;
The term “Faculty Evaluation Committee” in Article 17 of the Act shall refer to the committee at the school level.&#xd;
Article 13&#xd;
The curriculum related to gender equity education referred to the second paragraph of Article 18 of the Act shall cover courses on affective education, sex education, different gender, gender characteristics, gender temperaments, gender identity, and sexual orientation, and prevention and handling of sexual assault, sexual harassment, and sexual bullying on campus to enhance students’ gender equity consciousness.&#xd;
Article 14&#xd;
To implement regulations prescribed in Article 19 of the Act, the participation of teachers with gender equity consciousness is required in the compilation, writing, evaluation and selection of teaching materials at the primary and secondary school levels. The materials shall also be free from gender stereotypes, gender prejudice and gender discrimination in order to make the values of gender equity and diversity explicit.&#xd;
Article 15&#xd;
When encouraging students to take courses in fields not traditionally affiliated with their sexes as prescribed in the second paragraph of Article 20 of the Act, teachers shall encourage a diverse and individualized development in their guidance and assistance to students’ course taking, major selection, and exploration in career development, and shall avoid making certain fields solely designate to a certain gender.&#xd;
Article 16&#xd;
The phrase “difference in power between the two parties” in the second paragraph of Article 34 of the Act shall refer to the difference in status, knowledge, age, physical strength, position, ethnicity or resources between the two parties.&#xd;
Article 17&#xd;
When the Gender Equity Education Committee submits its report according to the second paragraph of Article 36 of the Act, the report shall contain the following items:&#xd;
1. The grounds of application of an investigation, including a description by the victim or offense-reporter.&#xd;
2. Records of interviews conducted during the investigation, including dates and the persons interviewed.&#xd;
3. Statements by the investigated party, the investigation applicant, witness（es）, and others concerned.&#xd;
4. Examination of evidences concerned.&#xd;
5. Establishment of facts and grounds.&#xd;
6. Suggestions for punishment, treatment and remedy.&#xd;
Article 18&#xd;
These enforcement rules will take effect as of the date of promulgation, with the exception of Article 7, Article8, Article 10, which will take effect on March 8, 2024.]]&gt;</summary><liaisonper/><liaisontel/><liaisonfax/><liaisonemail/><docs/><images/><videos/><audios/><resources><resources><relateURL>https://law.moj.gov.tw/ENG/LawClass/LawAll.aspx?pcode=H0080068</relateURL><relateName>Enforcement Rules for the Gender Equity Education Act</relateName></resources></resources></item><item><subject>&lt;![CDATA[Regulations Governing Prevention of Gender-Related Incidents on Campuses]]&gt;</subject><dataClassName>Campus Related</dataClassName><pubUnitName>Office of Gender Equality Education</pubUnitName><posterDate>2024-03-06</posterDate><updateDate/><detailContent>&lt;![CDATA[]]&gt;</detailContent><summary>&lt;![CDATA[Chapter 1 General Principles&#xd;
Article 1&#xd;
These Regulations have been formulated in accordance with the provisions of Paragraph 1 of Article 21 and Paragraph 3 of Article 33 of the Gender Equity Education Act (hereunder referred to as “the Act”).&#xd;
Article 2&#xd;
Educational institutions shall actively promote education to prevent gender-related incidents occurring on campus or during off campus activities or internships, and undertake the following measures:&#xd;
1. Hold regular in-service training activities each year for their gender equity education committee (hereunder abbreviated to “gender committee") members and personnel in its unit responsible for the handling of gender-related incidents on campus matters.&#xd;
2. Encourage the committee members and personnel referred to in the preceding subparagraph to take part in research and study activities on campus and off campus on the handling of campus gender-related incidents and register participation as an official work task and provide subsidies for associated expenses.&#xd;
3. Make the matters covered by these Regulations publicly known through a wide range of channels; and include them in the employment contracts of faculty, staff members and other employees, and in student handbooks.&#xd;
4. Encourage the victim or the informant of a campus gender-related incident to apply for an investigation or report the incident at the earliest possible time in order to facilitate the collection of evidence, investigation and handling of the matter.&#xd;
Article 3&#xd;
The educational institution or the competent authority shall compile information on the prevention of gender-related incidents on campus and remedy procedures available and when handling such incidents take the initiative to provide the information to relevant personnel.&#xd;
The information referred to in the preceding paragraph shall include the following items:&#xd;
1.The definition and categories of campus gender-related incidents, and the related legislation.&#xd;
2. The protection of the rights of the victim and the necessary assistance that is provided by the educational institution.&#xd;
3. The mechanisms for applying for an investigation, and requesting a reconsideration, and remedy-seeking.&#xd;
4. The related competent authority and responsible unit.&#xd;
5. Organizations and networks that provide resources and assistance.&#xd;
6. Other matters that the gender committee of the educational institution or the gender committee of the competent authority considers necessary.&#xd;
Chapter 2 Campus Safety Plans&#xd;
Article 4&#xd;
In order to prevent gender-related incidents on campus, educational institutions shall implement the following measures to improve dangerous areas of the campus:&#xd;
1. Regularly review the planning of campus grounds and facilities and how they are used and inspect overall campus safety, taking into account the spatial configuration, management, and security of indoor and outdoor areas; the signage system; the emergency help system and safe routes; lighting and visibility; and other important safety factors.&#xd;
2. Record the locations where gender-related incidents have occurred on campus, and if necessary, produce a map indicating safe areas.&#xd;
The review of the planning of campus grounds and facilities referred to in Subparagraph 1 of the preceding paragraph shall take into account features of students’ physical and mental capabilities, and differences in their language and culture, and provide safety planning and instructions in styles that are suitable for students’ needs. The scope of the review shall include on-campus dormitories, washing and toilet facilities, and campus transport vehicles.&#xd;
Article 5&#xd;
Educational institutions shall hold regular inspections of and meetings on the safety of campus areas and invite professional indoor and outdoor space designers, faculty staff members, workers, students, and other users of the campus to participate.&#xd;
Educational institutions may conduct the inspections and meetings referred to in the preceding paragraph electronically, and they shall make the results of the inspections and the associated records publicly known.&#xd;
Each educational institution's review of progress made improving dangerous areas of the campus shall be an item in the gender committee's working report each semester.&#xd;
Chapter 3 Matters for Attention Teaching and in Activities and Interpersonal Interactions on and off Campus&#xd;
Article 6&#xd;
When undertaking teaching and activities and in interpersonal interactions, on and off campus, the principal or president, faculty, staff members, workers, and students of any educational institution shall respect gender diversity and eliminate gender discrimination.&#xd;
Article 7&#xd;
When any student experiences sexual harassment while undertaking an internship off campus, the matter shall be handled in accordance with the provisions of Paragraph 5 of Article 2 of the Gender Equality in Employment Act. If one of the parties involved in the incident is an instructor of internship students at the internship site, the provisions of the Act shall also apply.&#xd;
The term "instructor of internship students at the internship site" in the preceding paragraph refers to any individual who teaches or provides students with professional knowledge and skills, and/or offers practical training, and instructs students receiving practical operations training.&#xd;
If an educational institution becomes aware that a student doing an internship has been a victim of sexual assault, sexual harassment, or sexual bullying, and the matter does not fall within the scope of the Act, it may handle the matter in accordance with the provisions of Paragraph 3 of Article 25 of the Act.&#xd;
When an educational institution becomes aware that a student doing an internship has been a victim of a gender-related incident, it shall take immediate and effective corrective and remedial measures.&#xd;
Chapter 4 Professional Ethics Regarding Sex and Gender for Principals, Presidents, Faculty, Staff, and Other Employees and Associated Recusal and Reporting&#xd;
Article 8&#xd;
In interpersonal interactions related to sex or gender, a principal or president, faculty, staff members, and workers are not permitted to develop a relationship based on sexual behavior or emotions with any student who is a minor, thereby violating professional ethics.&#xd;
When a principal or president, faculty or other staff member is teaching, instructing, training, evaluating, managing, counseling, or providing a work opportunity to a student and there is an unequal power relationship because of their status, knowledge, age, physical strength, identity, ethnicity, or resources, they are not permitted to develop a relationship based on sexual behavior or emotions with any adult student that violates professional ethics regarding interpersonal interactions related to sex or gender.&#xd;
If the principal or president, faculty, other staff members, or employees finds that their relationship with a student raises concerns that it is in violation of the professional ethics referred to in the two preceding paragraphs, they shall recuse themselves from further interaction with the student and report the matter to the educational institution or its competent authority for it to handle.&#xd;
Article 9&#xd;
The principal or president, faculty, staff members, workers, and students shall respect other people’s and their own autonomy over their sexuality and their body, avoid making unwanted attempts to persuade another person to have a personal relationship with them, and they are not permitted to use force or violent means to handle conflicts related to sex or gender.&#xd;
Chapter 5 Campus Gender-Related Incident Handling Mechanisms, Procedures, and Means of Remedy Available&#xd;
Article 10&#xd;
The gender-related incidents on campus defined in Subparagraph 3 of Article 3 of the Act include cases that involve different educational institutions.&#xd;
Article 11&#xd;
The victim of a campus gender-related incident, their legal representative or actual caregiver (hereunder referred to jointly as "the applicant"), or the informant, may apply in writing for an investigation or report the incident in writing to the educational institution where the offender was employed or enrolled at the time of the incident (hereunder referred to as "the educational institution with jurisdiction"). However, if the offender is or was the principal or president of the educational institution, the investigation or report shall be submitted to the competent authority of the educational institution at the time of the incident (abbreviated hereunder to "the competent authority with jurisdiction").&#xd;
If the incident occurred at an educational institution where the offender was employed part-time, that educational institution is the educational institution with jurisdiction referred to in the preceding paragraph.&#xd;
If the educational institution with jurisdiction has merged with another educational institution in accordance with the provisions of the Primary and Junior High School Act, the Senior High School Education Act, the Private School Law, or other education ordinances, the educational institution continuing after or established by the merger shall be the educational institution with jurisdiction. If the educational institution with jurisdiction has closed down, the educational institution where the offender is currently employed or studying is the educational institution with jurisdiction. But if the offender is not currently employed or enrolled at any educational institution, the competent authority of the educational institution where the incident took place has jurisdiction over the incident.&#xd;
If, before the amendments to these Regulations came into effect on March 8, 2024. an investigation was handled in accordance with the provisions of the proviso to Paragraph 1 of Article 10 of these Regulations by the competent authority of the educational institution where the administrative head of the educational institution where the incident took place is currently employed and not by the authority with jurisdiction at the time the incident took place, and the matter has still not been concluded in accordance with the provisions of Paragraph 3 of Article 36 of these Regulations, it shall be handled in accordance with the provisions of Paragraph 1 and Paragraph 1 of Article 36 of these Regulations after the amendments came into effect.&#xd;
Article 12&#xd;
If the educational institution with jurisdiction is not the educational institution at which the offender is employed or enrolled, the educational institution where the offender is currently employed or enrolled shall be notified in writing to send a representative to participate in the investigation; the educational institution that has been notified is not permitted to refuse to send a representative.&#xd;
If the educational institution with jurisdiction referred to in the preceding paragraph concludes its investigation and verifies that a campus gender-related incident occurred, it shall send a copy of the investigation report and its recommendations for the handling of the matter to the educational institution where the offender is currently employed or enrolled for that educational institution to handle in accordance with the provisions of Article 31.&#xd;
Article 13&#xd;
In the situation referred to in Paragraph 2 of Article 11, the educational institution with jurisdiction shall notify the educational institution where a offender is currently employed on a full-time basis in writing that it needs to send a representative to participate in the investigation; the educational institution which has been notified is not permitted to refuse to send a representative.&#xd;
If the educational institution with jurisdiction referred to in the preceding paragraph concludes an investigation and verifies that a campus gender-related incident did occur, it shall send the investigation report and its recommendations on handling the matter to the educational institution where the offender is currently employed on a full-time basis for educational institution to handle in accordance with the provisions of Article 31.&#xd;
Article 14&#xd;
If at the time when the offense occurred, the offender served in two or more of the following capacities: president or principal, teacher, employee, maintenance worker, or student—the capacity in which the offender was acting at the time when they interacted with the victim determines how the investigation will be conducted, and the educational institution or competent authority with jurisdiction.&#xd;
If it is not possible to determine the capacity in which the offender was acting at the time of the incident, or during a period of transition between educational stages when the offender's educational institution is not yet determined, the educational institution that accepted the application for an investigation or the informant's report is the educational institution with jurisdiction. Any other educational institution involved in the incident shall send a representative to participate in the investigation. However, if at the time the application for an investigation an informant's report is submitted, the offender and the victim are already registered students, the educational institution at which the offender is enrolled is the educational institution with jurisdiction.&#xd;
Article 15&#xd;
If there are two or more offenders and they work or study at different educational institutions, the first educational institution where one or more of the offenders works or studies that accepts an application for an investigation or an informant's report is the educational institution with jurisdiction and the other educational institutions involved shall send a representative to participate in the investigation.&#xd;
Article 16&#xd;
If an educational institution or competent authority that accepts an application for an investigation or an informant's report does not have jurisdiction over the matter, within seven working days it shall transfer the case to another that has jurisdiction and notify the parties involved.&#xd;
When an application for an investigation or an informant’s report is submitted during a period of transition between educational stages, and there is a dispute over which educational institution has jurisdiction, their common higher authority shall make the determination. When they do not have a common higher authority, the respective higher authorities of each of the educational institutions will come to an agreement.&#xd;
Article 17&#xd;
When an incident is reported in accordance with the provisions of Paragraph 1 of Article 22 of the Act, the names and any other details sufficient to identify the parties involved or any informant shall be kept confidential except when necessary for the investigation, or based on considerations of public safety, or if the provisions of other regulations apply.&#xd;
Any principal or president, faculty, staff member, or workers who forges, alters, destroys, or conceals evidence related to any campus gender-related incident committed by another person, not including any sexual assault that constitutes grounds for an educational institution not being permitted to appoint, employ, or engage the services of that person, either, permanently or for a period of between one and four years, shall when necessary be dismissed, discharged from employment, or have their contractual relationship or provision of services arrangement terminated in accordance with the relevant regulations. This applies, mutatis mutandis, if the other person was a student who commited a campus sexual harassment or sexual bullying incident and the circumstances were similar.&#xd;
If the Teachers' Act, the Act Governing the Appointment of Educators, related laws pertaining to the civil service, or related laws pertaining to the army, navy, or air force apply to the principal or president, faculty or other staff member, or employee referred to in the preceding paragraph, their dismissal, suspension of appointment, discharge from employment, permanent dismissal from employment, suspension of employment, or discharge from military service is handled in accordance with the provisions of the law that applies. If they are not dismissed, discharged from employment, permanently dismissed from employment, or discharged from military service, they shall be transferred away from their current position at the educational institution.&#xd;
Article 18&#xd;
The applicant or informant in a campus gender-related incident may apply for an investigation or submit a report in writing, orally, or by email. If the application for an investigation or the report is made orally or by email, the educational institution or competent authority with jurisdiction that accepts the application or the report shall create a printed transcript or printout of the email as a record for the applicant or the informant to sign or affix their personal seal to, after it has been read aloud to them or they have personally read it and they have confirmed that it contains no errors.&#xd;
The record of the written, oral, or email application or report referred to in the preceding paragraph shall include the following items:&#xd;
1. The name of the applicant or the informant, their identity document number, and the unit and institution where they work or study and their job title if applicable, their current residential address, contact telephone number, and the date of the application for an investigation.&#xd;
2. In an application for an investigation, the applicant shall state the year, month, and day of the victim's birth.&#xd;
3. An applicant who appoints another person as their representative to apply for an investigation on their behalf shall submit a letter of authorization that states the name, identity document number, residential address, and contact telephone number of their representative.&#xd;
4. The factual details of the incident that is the subject of the application for an investigation or informant's report. If there is any related evidence, it shall be recorded or be included as an attachment.&#xd;
If an educational institution or competent authority becomes aware of a suspected campus gender-related incident that occurs under any of the circumstances listed below, its gender committee shall assess the impact of the incident on students' right to education and on campus safety, and if the gender committee resolves to initiate investigation procedures treating the matter as a reported case, in order to ascertain the facts and take necessary measures to protect students' rights and campus safety:&#xd;
1. There are two or more victims.&#xd;
2. There are two or more offenders.&#xd;
3. The is the principal or president, a faculty or staff member, or worker.&#xd;
4. Campus safety issues are involved.&#xd;
5. Other circumstances that the gender committee considers make it necessary to initiate an investigation treating the matter as a reported case.&#xd;
Article 19&#xd;
When an educational institution or competent authority with jurisdiction receives an application for an investigation of a campus gender-related incident, or an informant's report thereof, the following units are responsible for accepting the documentation:&#xd;
1. At junior colleges and higher level educational institutions: The student affairs office or a dedicated unit designated by the educational institution.&#xd;
2. Sat schools up to and including senior secondary level: The student affairs office or the counselling and guidance office.&#xd;
3. At the competent authority: The operational unit responsible for the gender committee.&#xd;
Within three days after the responsible unit referred to in the preceding paragraph receives the application or report, unless any of the reasons set out in Paragraph 2 of Article 32 of the Act for not accepting the case exist, it shall give the evidence and information provided by the applicant or the informant to the gender committee to investigate and handle the matter.&#xd;
When necessary, the gender committee may designate a team of at least three persons to determine whether any of the reasons set out in Paragraph 2 of Article 32 of the Act referred to in the preceding paragraph apply, The educational institution may also clearly specify the scope of the responsibilities of such teams in its regulations for preventing gender-related incidents.&#xd;
Article 20&#xd;
Gender-related incidents on campus that have received media coverage shall be treated as having been reported. The educational institution or competent authority with jurisdiction shall take the initiative to refer the matter to its gender committee to investigate and handle. When a suspected victim is not willing to cooperate with an investigation, the educational institution or competent authority shall still provide any counseling or assistance required.&#xd;
If an educational institution handling an incident of bullying suspects that a campus gender-related incident has also occurred, the discovery is deemed equivalent to an informant's report, and the educational institution's anti-bullying response team shall refer the matter to the gender committee for handling in accordance with the provisions of the preceding article.&#xd;
Article 21&#xd;
The educational institution or competent authority with jurisdiction shall send a written notification of whether an application for an investigation or an informant's report has been accepted for further handling to the applicant, the victim, or the informant within twenty days after receiving the application or the report. A written notification that an application or a report has not been accepted for further handling shall, in accordance with the provisions of Paragraph 3 of Article 32 of the Act, state clearly the reason(s) has not been accepted and inform the applicant, the victim or the informant of the time limit for submitting a request for a reconsideration and the unit that accepts such a request.&#xd;
If the applicant, victim or informant does not receive a notification within the period specified in the preceding paragraph or if they receive a notification that their application or their report has not been accepted, they may submit a written request for reconsideration that states the grounds for the request to the educational institution or competent authority with jurisdiction within twenty days from the day after the day that they receive the notification. If they make an oral request for a reconsideration, the educational institution or competent authority with jurisdiction shall create a printed transcript of their request as a record for the applicant, victim or informant to sign or affix their personal seal to, after it has been read aloud to them or they have personally read it and they have confirmed that it contains no errors.&#xd;
The request for a reconsideration referred to in the preceding paragraph is restricted to being made once only.&#xd;
After receiving a request for reconsideration, the educational institution or competent authority shall give the application for investigation or the informant’s reported case to the gender committee to once again discuss whether to accept the request handle reopening of ion, and the educational institution or competent authority notify the person making the request for reconsideration of the outcome of their request in writing within twenty days. If there are grounds for the request for reconsideration., the gender committee shall investigate and handle the matter in accordance with the law.&#xd;
Article 22&#xd;
When the gender committee of an educational institution or competent authority with jurisdiction handles a campus gender-related incident, it may set up an investigation team to investigate the matter. In principle, an investigation team has three or five members appointed in accordance with the provisions of Paragraph 3 and Paragraph 4 of Article 33 of the Act.&#xd;
A person in any of the circumstances listed below is not permitted to serve as a member of the investigation team referred to in the preceding paragraph:&#xd;
1. Their deferred prosecution or guilty verdict for a violation of the Chapter on Sexual Offenses, or the Chapter on Offense against Sexual Privacy and Synthetic Sexual Videos in the Criminal Code has been affirmed.&#xd;
2. Their acting in violation of the Act, the Gender Equality in Employment 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 legislation has been duly investigated or verified by the relevant authority.&#xd;
Any counselor of a party involved in a gender-related incident on campus, or any personnel overseeing or handling the committee affairs of the gender committee of the educational institution or the committee affairs of the gender committee of the competent authority with jurisdiction shall recuse themselves from participating in the investigation work for this incident, and any personnel participating in the investigation and handling of a campus gender-related incident shall recuse themselves from work counseling any of the parties involved.&#xd;
The educational institution or competent authority shall record time that any personnel spend away from their workplace serving as a member of the investigation team as work-related travel (official leave), and the educational institution or competent authority with jurisdiction and any educational institution that sends a team member to participate in the investigation shall pay any transportation costs or related expenses incurred.&#xd;
Article 23&#xd;
The experts or scholars with professional expertise in the investigation of campus gender-related incidents stipulated in Paragraph 3 of Article 33 of the Act shall satisfy one of the following criteria:&#xd;
1. Have a certificate of completion for an advanced campus gender-related incident investigation competency training program provided by the competent authority at the central, special municipality, county or city level and have been approved by the gender committee of the competent authority at the central, special municipality, county or city level and included in its database of investigation professionals.&#xd;
2. Have a proven record in the investigation and handling of a campus gender-related incident and have been approved by the gender committee of the competent authority at the central, special municipality, county or city level and included in its database of investigation professionals.&#xd;
The gender committee of the competent authority at the central or the special municipality, county or city level shall be responsible for organizing the campus gender-related incident investigation training program referred to in the first subparagraph of the preceding paragraph. The program shall include courses on the following:&#xd;
1. Basic concepts of sexual assault, sexual harassment, and sexual bullying, sex-related or gender-related behavior of a principal or president, or a faculty or staff member, or worker who violates professional ethics, and the related laws and regulations.&#xd;
2. Gender equity awareness.&#xd;
3. Skills and knowledge for investigating gender-related incidents on campus.&#xd;
4. Procedures for handling and administrative coordination of an investigations of a campus gender-related incident.&#xd;
5. Sanctions and remedy procedures available for campus gender-related incidents.&#xd;
6. Other courses recommended by the gender committee.&#xd;
The competent authority at the central, special municipality, county or city level shall arrange regular training for professionals on campus gender-related incident investigations, establish a database of these professionals, and regularly update and maintain the information about the professionals in this database for educational institutions at all levels and competent authorities engaging the services of such to consult when s to consult.&#xd;
If, following an informant’s report, any of the investigation-trained, professionals referred to in the preceding paragraph is found to have violated principles of objectivity, fairness or professionalism, or if there are other circumstances making them unsuitable for appointment, any of which could result in their displaying bias when determining facts, and the reported matter has been reviewed and confirmed by the gender committee established by the competent authority at the central, special municipality, county or city level, that person shall be removed from the database of investigation professionals.&#xd;
A person whom a gender committee established by the competent authority at the central, special municipality, county or city level with jurisdiction approved and whose details were included in an database of investigation professionals before the amendments to these Regulations came into effect on March 8, 2024 will remain in the original database of investigation professionals.&#xd;
Article 24&#xd;
When an educational institution or the competent authority with jurisdiction investigates and handles a campus gender-related incident, it shall proceed as follows:&#xd;
1. An offender shall appear in person for the investigation; if any of the parties involved is a minor, their legal guardian or actual caregiver may accompany them during the investigation.&#xd;
2. If any of the parties involved has a disability certification or a valid certification that they have been identified as having special-needs that was approved and issued by the competent authority, the investigation team shall have members with expertise in special education.&#xd;
3. If there is an imbalance of power between an offender and a victim, or an informant, or a person invited to assist in the investigation, the educational institution or the competent authority shall avoid any face-to-face meeting between them.&#xd;
4. The name of any offender, victim, informant, or person invited to assist in the investigation, and any other information sufficient to identify them, shall be kept confidential. This restriction does not apply, however, if such details are required for the investigation or based on considerations of public safety.&#xd;
5. When, in accordance with the provisions of Paragraph 5 of Article 33 of the Act, written notification is given to the parties involved, and to associated personnel or units to cooperate with an investigation and provide information, the notification shall state the purpose of the investigation, the time and location, and the consequences of failure to attend.&#xd;
6. The notification referred to in the preceding subparagraph shall clearly state that the parties involved are not permitted to disseminate any information about the incident through any private communication, or using the internet, communication software, or any other channel.&#xd;
7. Persons affiliated with the educational institution or competent authority with jurisdiction are not permitted to use any pretext and undertake to understand or investigate any details of the incident, and they are not permitted to request that the parties involved give a first-hand account or an affidavit.&#xd;
8. If it is necessary for the investigation, other written information which does not violate the obligation of confidentiality may be produced and provided to the offender, the victim, or any person invited to assist in the investigation for them to read or be informed of the essential points.&#xd;
9. When an applicant withdraws their application for an investigation, to clarify the related legal liability, the educational institution or competent authority with jurisdiction may continue the investigation, after a resolution to do so is passed by its gender committee, or at the request of the offender. If the educational institution's competent authority considers that the circumstances were of a serious nature, it shall direct the educational institution with jurisdiction to continue investigating and handling the matter.&#xd;
10. When any of the involved parties applies to view, transcribe, copy, or photograph relevant information or case files, it shall be handled in accordance with the provisions of the Administrative Procedure Act.&#xd;
11. The records of the investigation interview process of the parties involved may be supplemented with audio recordings and, when necessary, with video recordings; a transcript of the interview shall be read aloud to the interviewed parties or given to them to read and to sign or affix their personal seal to after they have confirmed that it contains no errors.&#xd;
Article 25&#xd;
The persons bound by the obligation of confidentiality in accordance with the provisions of Subparagraph 4 of the preceding article include all persons participating in the handling of a campus gender-related incident.&#xd;
If any person(s) responsible for maintaining the confidentiality referred to in the provisions of the preceding paragraph makes any confidential detail(s) known they shall be subject to punishment in accordance with the Criminal Code or other pertinent legislation.&#xd;
The educational institution or the competent authority shall seal and store all the original documents which record the names of the parties involved, the informant, and any witnesses and is not permitted to make the documents available to be read by or provided to any person except personnel conducting a legal investigation or a trial. However,, this restriction does not apply if otherwise provided by another law.&#xd;
Except in the original documents, the personnel investigating or handling a gender-related incident on campus shall delete and replace the real names and information that may lead to the identification of the parties involved, the informant, or any witness with codes in any documents that they produce for external use.&#xd;
Article 26&#xd;
In order to safeguard the education or employment rights of the parties involved in a gender-related incident on campus, the educational institution or competent authority with jurisdiction may, when necessary, in accordance with the provisions of Article 24 of the Act, adopt the following measures and report the matter to the competent authority for future reference:&#xd;
1.Handle the attendance records and performance assessments of the parties involved flexibly, and actively assist them with their academic work or work duties, and it may exempt parties involved from being subject to the regulations pertaining to requesting leave, or to teacher or student performance assessments.&#xd;
2.Respect the wishes of the victim and reduce the opportunities for interaction between the two parties involved, and the educational institution or competent authority with jurisdiction may, in accordance with the victim's request or based on the gender committee's assessment of the effect of the incident on students' right to education and campus safety, discontinue any teaching, instruction, training, evaluation, management, or counseling relationship between the parties involved, or one that provides a work opportunity to a student, or order the offender to avoid contact with the victim.&#xd;
3. Avoid situations where retaliation could occur.&#xd;
4. Prevent or reduce the possibility of the offender causing any further harm.&#xd;
5. Other measures that the gender committee. considers necessary.&#xd;
When any of the parties involved is not employed by or enrolled at the educational institution with jurisdiction, the educational institution at which that person is employed or enrolled shall be notified to handle the matter in accordance with the provisions of the preceding paragraph.&#xd;
Any of the necessary measures referred to in the two preceding paragraphs shall be implemented after the gender committee has passed a resolution.&#xd;
Article 27&#xd;
The educational institution or competent authority with jurisdiction shall, in accordance with the provisions of Paragraph 1 of Article 25 of the Act, take the initiative to refer the parties involved to agencies able to provide necessary assistance, based on the person’s physical and mental condition. However, the educational institution or competent authority with jurisdiction shall continue to investigate and handle the case in accordance with the Act.&#xd;
When any of the parties involved is not employed by or enrolled at the educational institution with jurisdiction, it shall notify the educational institution at which they are employed or enrolled and that educational institution shall provide any required assistance in accordance with the provisions of the preceding paragraph.&#xd;
Article 28&#xd;
When necessary the educational institution or competent authority with jurisdiction shall, in accordance with the provisions of Paragraph 1 of Article 25 of the Act, provide the victim with the following appropriate assistance:&#xd;
1. Psychological counseling and guidance.&#xd;
2. Legal assistance.&#xd;
3. Assistance with school work.&#xd;
4. Financial assistance.&#xd;
5. Referrals to social welfare resources&#xd;
6. Other protective measures or assistance that the gender committee considers necessary.&#xd;
When any of the parties involved is not employed by or enrolled at the educational institution with jurisdiction, it shall notify the educational institution at which they are employed or enrolled and that educational institution shall provide appropriate assistance in accordance with the provisions of the preceding paragraph.&#xd;
The educational institution or competent authority may request a physician, clinical psychologist, counseling psychologist, social worker, or lawyer to provide the assistance referred to in the two preceding paragraphs and it shall make a budget allocation for the funds required to pay the fees incurred.&#xd;
Article 29&#xd;
The investigation and handling by the gender committee are not affected by whether judicial proceedings are conducted and the conclusions of any handling judicial proceedings.&#xd;
The procedures for the investigation referred to in the preceding paragraph will not be discontinued as a result of the offender losing their former status.&#xd;
Article 30&#xd;
In accordance with the principles of respecting professional judgment and avoiding repetitive questioning, the educational institution or competent authority with jurisdiction shall make a determination of the facts pertaining to a campus gender-related incident based on the investigation report of its gender committee.&#xd;
If the gender committee meets and reviews an investigation report and finds that a campus gender-related incident did occur and makes a recommendation, based on its determination of the facts, to the educational institution or competent authority to handle the matter by changing the status of the offender, the educational institution or competent authority shall notify the offender of the time limit in which to submit a written statement and attach a copy of the investigation report that was reviewed and approved at the gender committee meeting.&#xd;
If the offender referred to in the preceding paragraph does not submit a written statement within the time limit, it will be deemed as their forfeiting the opportunity to make a statement; if the offender makes a written statement, the gender committee shall convene another meeting to consider the offender's written statement. A reinvestigation is not permitted unless the gender committee discovers that there was some significant flaw in the investigation procedure or there is some new fact or new evidence that is sufficient to affect the outcome of the original investigation.&#xd;
When the responsible unit of the educational institution or competent authority that decides the disciplinary action is reviewing the disciplinary action to be taken, except in the circumstances stipulated in Paragraph 3 of Article 37 of the Act, it is not permitted to require the gender committee to reinvestigate the case and it is not permitted to conduct its own investigation.&#xd;
When the review off the disciplinary action referred to in the preceding paragraph, in accordance with the provisions of the associated regulations, shall give the offender an opportunity to make a statement of defense, the responsible unit of the educational institution or competent authority shall provide a copy of the investigation report reviewed and approved by the gender committee to the offender.&#xd;
Before making the decision on the disciplinary action referred to in Paragraph 4, the responsible unit shall notify the victim, or their legal representative or actual caregiver to submit a written or oral statement by a specified time. If an statement is made orally, the responsible unit shall create a printed transcript of the statement for the victim, their legal representative, or actual caregiver to sign or affix their personal seal to after the transcript has been read aloud to them or they have personally read it, and they have confirmed that it contains no errors. If a person fails to submit a written statement by the specified time, it will be deemed as their forfeiting the opportunity to make a statement. If a written statement is submitted, the unit authorized to decide the disciplinary action shall consider the written statement.&#xd;
Article 31&#xd;
After the gender committee of the educational institution or competent authority with jurisdiction has investigated and verified that a campus gender-related incident occurred, the educational institution or competent authority with jurisdiction shall, in accordance with the provisions of Paragraph 1 of Article 26 of the Act, impose on the offender a formal reprimand, demerit, dismissal, suspension of appointment, non-renewal of appointment, discharge from employment, termination of contractual relationship, termination of provision of services relationship, or some other appropriate sanction. If in accordance with applicable law or regulations another agency is responsible for imposing the disciplinary action, the educational institution or competent authority with jurisdiction shall transfer the case to that responsible authority to do so. If it has been confirmed that a false accusation was made, an appropriate sanction shall be imposed on the applicant or informant in accordance with the law.&#xd;
The educational institution or competent authority responsible for imposing the disciplinary measures shall order the offender to undergo the measures for offenders referred to in Paragraph 2 of Article 26 of the Act and when the measures are implemented the educational institution or competent authority shall take necessary measures to ensure that the offender cooperates and complies. The nature of the measures, how they will be implemented, the period for which they will be implemented, and the legal consequences of non-compliance shall be specified in the written notification of the outcome of the handling of the case.&#xd;
The gender committee of the educational institution or competent authority responsible for imposing the measures referred to in the preceding paragraph shall discuss and decide the nature of the following items, the unit or personnel that implement will them, how they will be implemented, the, period for which they will be implemented, and payment of expenses incurred:&#xd;
1. The offender receives psychological counseling and guidance.&#xd;
2. The offender apologizes to the victim with the consent of the victim, their legal representative, or actual caregiver.&#xd;
3. Eight hours of gender equity education-related courses.&#xd;
4. Other measures that are in keeping with the educational purpose.&#xd;
When necessary, if the offender is a student, consideration may be given to integrating the measures referred to in Subparagraph 4 of the preceding paragraph into the teaching of the educational institution's curriculum or advocacy activities and recording this.&#xd;
The educational institution's competent authority shall plan the eight-hour gender equality education-related courses that Paragraph 2, Subparagraph 2 of Article 26 of the Act stipulates that the offender be ordered to attend.&#xd;
Article 32&#xd;
When the educational institution or competent authority with jurisdiction sends a written notification of the outcome of the handling of the case to the applicant, the victim, and the offender, it shall also provide the investigation report and inform them of the time limit for requesting a reconsideration, and the educational institution or competent authority which will accept a request for reconsideration.&#xd;
The outcome of the handling of the case referred to in the preceding paragraph will include the established facts, measures to be taken, and the outcome of disciplinary action.&#xd;
If an applicant, victim, or offender is dissatisfied with the outcome of the handling of the case by the educational institution or competent authority with jurisdiction, they may submit a written request for reconsideration to the educational institution or competent authority with jurisdiction, specifying the grounds for reconsideration, within thirty days from the day following the day that they received the written notification. If a person makes such a request orally, the educational institution or the competent authority that accepts the request shall create a printed transcript of the request for the applicant, the victim, or the offender to sign or affix their personal seal to, after the transcript has been read aloud to them or they have personally read it and they have confirmed that it contains no errors.&#xd;
After receiving a request for reconsideration, the educational institution or competent authority will handle it in accordance with the procedure below:&#xd;
1. After the responsible unit designated by the educational institution or the competent authority receives the request, it shall set up a review panel and within thirty days make a decision and affix the reasons for the decision, and the educational institution or the competent authority shall give the person who requested a reconsideration a written notification of the outcome of their request.&#xd;
2. The review panel referred to in the preceding subparagraph shall comprise three or five people who include at least one gender equity education expert or scholar and at least one legal professional. At least half of the members of the team shall be female. At least one third of the team at an educational institution shall be experts or scholars with professional expertise and experience in the investigation of campus gender-related incidents and such experts or scholars shall comprise at least half of the team at a competent authority.&#xd;
3. Members of the gender committee or the investigation team are not permitted to serve as members of the review panel.&#xd;
4. When the review panel conducts a meeting, the members of the panel will select a convener who will also chair its meetings.&#xd;
5. When the review panel is holding its meeting(s), if it is considered necessary, it may give the person making the request for reconsideration an opportunity to make a statement, and it may invite members of the gender committee or investigation team to attend in a non-voting capacity and provide explanations.&#xd;
6. When there are grounds for a request for reconsideration, communicate the decision that grounds exist to the associated responsible unit which will re-handle the case. When there was any significant flaw in the investigation procedure as defined in Paragraph 3 of Article 37 of the Act, or if there is some new fact or new evidence that is sufficient to affect the conclusion of the original investigation, it may ask the gender committee to reinvestigate the incident.&#xd;
7. Before the decision made on the request for reconsideration referred to in the preceding subparagraph is sent to the person who made the request, that person may withdraw their request mutatis mutandis in accordance with the provisions of the preceding paragraph.&#xd;
The significant procedural flaws in the investigation procedure referred to in Paragraph 3 of Article 37 of the Act, and in Paragraph 3 of Article 30 of these Regulations refers to one of the following circumstances:&#xd;
1. The composition of the gender committee or the investigation team is unlawful.&#xd;
2. Failure to provide any one of the parties involved with the opportunity to make a statement.&#xd;
3. Failure to recuse when recusal is mandatory.&#xd;
4. Failure to investigate evidence that warrants mandatory investigation.&#xd;
5. Flawed acceptance or rejection of evidence which affected the determination of the facts.&#xd;
6. Other significant procedural flaws sufficient to affect the determination of the facts.&#xd;
Article 33&#xd;
If the offender is the principal or president, when the applicant or victim submits a request for reconsideration to the educational institution's competent authority in accordance with the proviso in Paragraph 1 of Article 37 of the Act, the matter shall be handled in accordance with the provisions of Paragraph 3 of the preceding article.&#xd;
If the offender is a faculty or staff member, or worker at the educational institution, when the applicant or victim submits a request for reconsideration to the educational institution's competent authority in accordance with the proviso of Paragraph 1 of Article 37 of the Act, the provisions of Paragraph 4 of the preceding article apply mutatis mutandis, and the competent authority may invite representatives of members of the gender committee or the investigation team to attend in a non-voting capacity and provide explanations.&#xd;
When the applicant or the victim referred to in the preceding paragraph submits a request for reconsideration to the educational institution's competent authority, if the offender submits a request for reconsideration to the educational institution, the educational institution shall immediately inform the competent authority and request it to jointly both requests for reconsideration.&#xd;
If the review finds that the outcome of the educational institution's handling of the case was unlawful or improper, the gender committee of the competent authority shall deliberate the following proposals for handling the matter:&#xd;
1. Whether there is a necessity to change the outcome of the educational institution's handling of the case.&#xd;
2. Whether there are grounds for returning the case to the educational institution to handle in accordance with the law.&#xd;
3. Action to take to find the associated person(s) responsible.&#xd;
Article 34&#xd;
The educational institution or competent authority with jurisdiction shall designate a unit or personnel to preserve the database that it has established Paragraph 1 of Article 28 of the Act for a period of 25 years. If the database is preserved using electronic storage media, when necessary, an electronic signature or encryption may be used for dealing with the data.&#xd;
The database established in accordance with the provisions of the preceding paragraph shall be divided into archives of original data and archives of report documents.&#xd;
The content of the archives of the original data referred to in the preceding paragraph includes the following information:&#xd;
1. The time the incident occurred and its category.&#xd;
2. The parties associated with the incident and the parties involved (the informant, the victim, and the offender).&#xd;
3. The personnel handling the case, and the process, and case records.&#xd;
4. Text documents produced during the handling of the case, audio files of recorded interviews, evidence obtained, and other pertinent information&#xd;
5. The name, and job title or student registration details of the offender.&#xd;
6. The initial draft of the investigation report submitted by the investigation team and the minutes of the gender committee meetings.&#xd;
The archives of report documents referred to in Paragraph 2 comprise the investigation report approved by the gender committee; its contents shall include the following:&#xd;
1. The subject matter of the application for an investigation of the incident, including accounts provided by the parties involved or by an informant.&#xd;
2. Records of interviews conducted during the investigation, including the dates and the interviewees.&#xd;
3. The statements and responses made by the person who was the subject of an application for an investigation, of the person applying for an investigation, of witnesses, and of other pertinent persons.&#xd;
4. Assessment of associated material evidence.&#xd;
5. The facts established and the associated reasons.&#xd;
6. Recommendations for handling the matter.&#xd;
The provisions of Article 13 of the Regulations Governing the Retention Periods and Destruction of Agency Records may be applied mutatis mutandis, for the methods of destruction of the established database referred to in Paragraph 1.&#xd;
Article 35&#xd;
If the educational institution or competent authority with jurisdiction obtains material evidence related to an incident referred to in Paragraph 3 of Article 29 of the Act it shall submit that material evidence to the gender committee to verify and evaluate after it has notified the parties involved to provide a statement of opinion.&#xd;
Article 36&#xd;
When an educational institution or the competent authority with jurisdiction reports an incident in accordance with the provisions of Paragraph 2 and Paragraph 3 of Article 28 of the Act, the content of the report shall be limited to the time that the campus gender-related incident which has been confirmed occurred, the incident category, the offender's name, the offender's job title or details of their student registration.&#xd;
The educational institution or competent authority with jurisdiction referred to in the preceding paragraph shall examine actual needs and if necessary provide information on counseling, preventive education, or related corrective measures, and other required information to the educational institution where the offender will subsequently be enrolled or employed.&#xd;
If after providing follow-up counseling for the offender, the educational institution or competent authority with jurisdiction makes the assessment that such an incident will not be repeated, it may comment that the offender has changed for the better in the report referred to in Paragraph 1.&#xd;
Article 37&#xd;
When an educational institution becomes aware that an appointed or employed faculty or other staff member, civil servant, or military personnel member whom it has an appointed or employed has been involved in a campus gender-related incident and that person has applied for retirement (military discharge) or severance with pay, it shall follow the procedures set out below:&#xd;
1. Convene the teacher evaluation committee, coaching staff evaluation committee, gender committee, performance review committee, personnel evaluation committee, or any other relevant committee formed in accordance with ordinances to carefully consider the circumstances of the person’s improper involvement in the campus gender-related incident and determine whether it must pass a resolution for their dismissal, suspension of appointment, or non-renewal of their appointment, after which in accordance with the ordinances applicable to persons in their work position, follow the procedure to request approval by the competent authority or handle the matter internally in accordance with the educational institution's procedures; or in accordance with the provisions of the Civil Service Discipline Act, refer the case to the Disciplinary Court for disciplinary action or request the Control Yuan to review the case and determine whether suspension of employment, or discharge from employment is warranted under related laws.&#xd;
2. If after its deliberations the teacher evaluation committee, coaching staff evaluation committee, gender committee, performance review committee, personnel evaluation committee, or any other relevant 0committee formed in accordance with ordinances deliberates, and determines that it is necessary to pass a resolution for dismissal, suspension, or non-renewal of appointment in accordance with ordinances, or in accordance with the provisions of the Civil Service Discipline Act, to refer the case for disciplinary action or send it to the Control Yuan requesting a review, or in accordance with pertinent law to approve suspension of employment, or discharge from employment but not accept an application from the person for retirement (or military discharge) or severance with pay, the committee shall notify the parties involved in writing and set out the reasons in detail. If the committee determines that it is not necessary for it to pass a resolution for dismissal, suspension, or non-renewal of appointment in accordance with ordinances, or, in accordance with the provisions of the Civil Service Discipline Act, to refer the case for disciplinary action or send it to the Control Yuan requesting a review, or in accordance with pertinent law to approve suspension of employment or discharge from employment but still accepts an application from the person for retirement (or military discharge) or severance with pay, the committee shall set out the reasons for its decision in its letter accompanying the related materials it has reviewed and is submitting to the authority (agency) responsible for reviewing and approving the application for retirement (or military discharge) or severance with pay case.&#xd;
3. The educational institution shall complete handling the procedures specified in the preceding two subparagraphs within two months from the day it receives the retirement (military discharge) or severance with pay case of a faculty or other staff member, civil servant, or military personnel member involved in a campus gender-related incident. When necessary, one extension may be given, and the applicant will be notified of the reason for the extension before the original ser processing period expires.&#xd;
If the competent authority becomes aware that the current principal or president of a public or private educational institution has been involved in a campus gender-related incident, when that principal or president applies for retirement or severance with pay, the competent authority shall handle the matter in accordance with the provisions of the Act Governing the Appointment of Educators, the Civil Service Discipline Act, or the Private School Law, as applicable Supplementary Provisions&#xd;
Chapter 6 Supplementary Provisions&#xd;
Article 38&#xd;
Educational institutions shall formulate regulations for the prevention of campus gender-related incidents in accordance with the content of these Regulations and include the provisions of Article 8 and Article 9 in the employment contracts of the principal or president and of faculty, staff members, and other employees, and in the student handbook.&#xd;
The content of the regulations referred to in the preceding paragraph shall include the following items:&#xd;
1. The campus safety plans.&#xd;
2. Matters for attention teaching, and in activities and interpersonal interactions on and off campus.&#xd;
3. Campus gender-related incident prevention policy statements.&#xd;
4. Definition and categories of campus gender-related incidents.&#xd;
5. Details of the unit which receives applications for an investigation of campus gender-related incidents or an informant's report of such an incident, and its phone number, email address and the procedure followed.&#xd;
6. The procedures for the investigation and handling of campus gender-related incidents.&#xd;
7. The procedures for making a request for reconsideration of a campus gender-related incident and remedy procedures available.&#xd;
8. Warnings prohibiting retaliation.&#xd;
9. Protection of privacy.&#xd;
10. Other matters pertaining to the prevention of gender-related incidents on campus.&#xd;
Article 39&#xd;
A school at senior secondary or a lower level may apply to its competent authority for subsidies for the expenses it requires for the investigation and handling of a campus gender-related incident, or to undertake educational counseling for the parties involved.&#xd;
Article 40&#xd;
After an educational institution with jurisdiction has completed the investigation and handling of a campus gender-related incident, and its gender committee has approved the investigation report, it shall submit details of the handling of the matter, the checking of the handling procedure, the investigation report, and the minutes of the gender committee's meetings to its competent authority. If an applicant, a victim, or an offender has made a request for reconsideration, after consideration of the request for reconsideration has been completed, the educational institution with jurisdiction shall report the decision made to its competent authority.&#xd;
The competent authority with jurisdiction over the educational institution shall, in accordance with the provisions of Article 4, Article 5 , and Article 11 of the Act, regularly monitor and assess the educational institution and include the campus safety planning and the improvements made to dangerous areas of the campus referred to in Article 4 and in Article 5, and the results of the educational institution's prevention, and investigating and handling of gender-related incidents on campus in the list of items to be regularly evaluated.&#xd;
Article 41&#xd;
These Regulations take effect on March 8, 2024.]]&gt;</summary><liaisonper/><liaisontel/><liaisonfax/><liaisonemail/><docs/><images/><videos/><audios/><resources><resources><relateURL>https://law.moj.gov.tw/ENG/LawClass/LawAll.aspx?pcode=H0080069</relateURL><relateName>Regulations Governing Prevention of Gender-Related Incidents on Campuses</relateName></resources></resources></item><item><subject>&lt;![CDATA[Teachers' Act]]&gt;</subject><dataClassName>Campus Related</dataClassName><pubUnitName>Office of Gender Equality Education</pubUnitName><posterDate>2019-06-05</posterDate><updateDate/><detailContent>&lt;![CDATA[]]&gt;</detailContent><summary>&lt;![CDATA[Chapter 1 General Provisions&#xd;
Article 1&#xd;
This Act has been formulated to clearly set out teachers’ rights and obligations, to safeguard their careers and livelihood, to elevate teachers’ professional status, and to protect students’ right to learn.&#xd;
Article 2&#xd;
In this Act the term “Competent Authority” refers to the Ministry of Education at the central government level; the municipal government at the municipal level; and the county or city government at the county or city level respectively.&#xd;
When Military and Police Academies and Reformatory Schools deal with matters pertaining to Full-time Teachers in accordance with the provisions of this Act, the “Competent Authority” referred to in this Act means their respective competent authorities, except regarding the assessment and accreditation of qualifications.&#xd;
Article 3&#xd;
This Act applies to Full-time Teachers within the staff complement of a public educational institution or a registered private educational institution who receive remuneration on a monthly basis and who have obtained teacher qualifications in accordance with the law.&#xd;
The provisions of this Act shall apply to Full-time Teachers at Military and Police Academies and Reformatory Schools who were appointed in accordance with the provisions of this Act and the Statute Governing the Appointment of Educators, unless otherwise stipulated in law.&#xd;
Article 4&#xd;
Matters pertaining to the assessment and accreditation of teachers’ qualifications, and teachers’ appointment, dismissal, non-renewal of appointment, suspension, severance with pay, rights and obligations, teacher organizations, appeals and remedies shall be handled in accordance with the provisions of this Act.&#xd;
Chapter 2 Assessment and Accreditation of Qualifications&#xd;
Article 5&#xd;
Teacher qualifications are acquired in two ways: through assessment and through accreditation. The assessment system is used for teachers at schools at senior secondary and lower levels; the accreditation system is used for teachers at junior colleges and at higher level educational institutions.&#xd;
Article 6&#xd;
The assessment of the qualifications of teachers for schools at senior secondary and lower levels is prescribed in separate legislation; the Central Competent Authority shall issue a Teacher’s Certificate to each teacher who passes the assessment.&#xd;
Article 7&#xd;
The accreditation of the qualifications of teachers at junior colleges and institutions of higher education is divided into two stages: a review by the educational institution, and a Central Competent Authority review. If a teacher passes the educational institution review, the educational institution shall report this to the Central Competent Authority and request it to conduct a review. The Central Competent Authority shall issue a Teacher’s Certificate to each teacher who passes its review. The Central Competent Authority may, however, issue a Teacher’s Certificate directly to a teacher who has passed the review by the educational institution, if the review process has been approved by the Central Competent Authority.&#xd;
Article 8&#xd;
The regulations governing the accreditation of the qualifications of teachers at junior colleges and institutions of higher education shall be prescribed by the Central Competent Authority.&#xd;
Chapter 3 Appointment&#xd;
Article 9&#xd;
The appointment of teachers at schools at senior secondary and lower levels is divided into initial appointments, appointment renewals, and long-term appointments. A teacher shall be appointed by the principal after being assessed and approved by a Teacher Evaluation Committee, unless any of the following situations pertains:&#xd;
1.The person is a publicly funded student who has been assigned to that school in accordance with the provisions of Teacher Education Act.&#xd;
2.The person was a principal who is once again taking an appointment as a teacher in accordance with Primary and Junior High School Act or Senior High School Education Act.&#xd;
When a Teacher Evaluation Committee referred to in the preceding paragraph is formed it shall include teachers’ representatives, representatives of the school’s administrative personnel, and one representative of the parent’s association, and the number of teachers’ representatives who do not hold a part-time administrative role or who are not also on the school’s board is not permitted to comprise less than half of the committee; this restriction does not apply, however, if the number of teachers is less than half of the total number of board members.&#xd;
When the Teacher Evaluation Committee at a school at senior secondary or lower level deals with a situation referred to in Subparagraph 7 and Subparagraph 10 of Paragraph 1 of Article 14, or Subparagraphs 1 to 4 of Paragraph 1 of Article 15, the school shall separately appoint external scholars and experts to serve as additional committee members, until the number of teachers’ representatives who do not hold a part-time administrative role or who are not also on the school’s board or who constitute less than half of the total committee.&#xd;
The regulations governing the responsibilities, composition, terms of office, official discussions, recusal, and other related matters pertaining to the Teacher Evaluation Committee s referred to in the preceding three paragraphs shall be prescribed by the Central Competent Authority.&#xd;
Article 10&#xd;
The appointment of teachers to schools at senior secondary and lower levels is restricted to people who have a Teacher’s Certificate.&#xd;
The initial appointment of a teacher at a senior secondary or lower level school shall be for one year; the first appointment renewal shall be for one year, and subsequent renewals shall be for two years each time. A teacher whose teaching performance has been and is good or excellent who has had three or more appointment renewals may be given a long-term appointment after being assessed by a Teacher Evaluation Committee and at least two-thirds of the committee support the appointment. The length of each long-term appointment shall be determined by the Teacher Evaluation Committee of each school, with seven years being the maximum term available.&#xd;
The appointment of teachers at junior colleges and teachers at institutions of higher education, and their appointment terms, shall be handled in accordance with the provisions of the University Act and of the Junior College Act respectively.&#xd;
Article 11&#xd;
When a school at senior secondary or lower level adjusts its departments, sections, or courses, or when such a school reduces the number of programs, suspends operations, or is going to close down, if there are suitably Qualified Teachers who would like to continue teaching and the school has other work duties that are suitable for such teachers to be assigned to, the school shall give priority to counselling them and revising those teachers work duties; if there are no other work duties at the school which can be assigned to such teachers, the school or the Competent Authority shall give priority to counselling those teachers and informing them about available transfers to another school.&#xd;
The appointment of a teacher who is by the senior secondary or lower level school or by the Competent Authority in accordance with the provisions of the preceding paragraph has been given priority assistance to counselling and information about the available position to transfer to there shall not be approved if the teacher is found by the Teacher Evaluation Committee of the school of any of the situations referred to in the subparagraphs of Article 30.&#xd;
Article 12&#xd;
When a junior college or an institution of higher education adjusts its departments, graduate institutes, sections, divisions, or courses, or reduces the number of programs, suspends operations, or is going to close down, if there are suitably Qualified Teachers who would like to continue teaching and for whom there is other suitable work can be arranged, the educational institution shall give priority to counselling those teachers and assisting them find a transfer, and the Competent Authority concerned shall assist the college or institution to do so.&#xd;
If a teacher at a junior college or an institution of higher education was given priority assistance to transfer, in accordance with the provisions of the preceding paragraph, and a check by a Teacher Evaluation Committee finds that any of the following situations pertain to that person it may decline to approve that person’s appointment:&#xd;
1.The person is still currently involved in dismissal or non-renewal of appointment disciplinary procedures regarding a situation referred to in Paragraph 1 of Article 14, Paragraph 1 of Article 15, or the subparagraphs of Paragraph 1 of Article 16.&#xd;
2.The person is still currently involved in suspension of appointment disciplinary procedures, or is undergoing a period of suspension because of their involvement in a situation referred to in Article 18, Article 21, or Paragraph 1 or 2 of Article 22.&#xd;
3.The person is still currently involved in severance with pay disciplinary procedures because of their involvement in a situation referred to in Subparagraph 2 or Subparagraph 3 of Paragraph 1 of Article 27.&#xd;
Article 13&#xd;
A teacher is not permitted to be dismissed, denied renewal of appointment, or suspended unless one of the situations referred to in Articles 14 to 16, 18, 19, 21, or 22 pertains to that teacher.&#xd;
Chapter 4 Dismissal, Non-renewal of Appointment, Suspension, and Severance&#xd;
Article 14&#xd;
A teacher to whom any one of the following situations pertains shall be dismissed and the person permanently ineligible for reappointment as a teacher:&#xd;
1.The person has been found guilty of a criminal offense against the internal or external security of the State, committed after the Period of National Mobilization for Suppression of the Communist Rebellion, and convicted with no further right of appeal.&#xd;
2.The person has been found guilty of corruption while employed in civil service and convicted with no further right of appeal.&#xd;
3.The person has been found guilty of a crime as defined in Article 2, Paragraph 1 of Sexual Assault Crime Prevention Act and convicted with no further right of appeal.&#xd;
4.An educational institution’s Gender Equity Education Committee or another appropriate committee set up in accordance with the law has investigated and confirmed that the person has committed a sexual assault.&#xd;
5.An educational institution’s Gender Equity Education Committee or another appropriate committee set up in accordance with the law has investigated and confirmed that the person has committed sexual harassment or sexual bullying, and that it is necessary for that person to be dismissed and permanently ineligible for reappointment as a teacher.&#xd;
6.The person has been penalized in accordance with the provisions of Child and Youth Sexual Exploitation Prevention Act, or the provisions of Article 20 or Article 25 of Sexual Harassment Prevention Act and the Gender Equity Education Committee of the educational institution has confirmed that the person has been subject to such punishment, and that it necessary for that person to be dismissed and permanently ineligible for reappointment as a teacher.&#xd;
7.The person has been penalized in accordance with the provisions of Article 97 of Protection of Children and Youths Welfare and Rights Act by the competent social welfare authority at each level, and the Teacher Evaluation Committee of the educational institution has confirmed this, and it is necessary for that person to be dismissed and permanently ineligible for reappointment as a teacher.&#xd;
8.The teacher became aware that an incident of suspected sexual assault has occurred on the campus the teacher is employed but did not report the matter in accordance with the provisions of Gender Equity Education Act, thereby leading to a subsequent sexual assault on campus; or forged, altered, destroyed, or concealed evidence of any sexual assault incident committed by any other persons, and any such failure to report or forging, altering, destroying or concealing of evidence has been investigated and verified by the educational institution or the authorities concerned.&#xd;
9.The person has forged, altered, or destroyed evidence of any other persons committing a dangerous offence on campus involving narcotics or hazardous drugs on campus, and this has been investigated and verified by the educational institution or the authorities concerned.&#xd;
10.The person has inflicted corporal punishment on or bullied one or more students, causing severe physical or mental injury.&#xd;
11.The person has acted in violation of any pertinent laws or regulations, and the matter has been investigated and verified by the educational institution or the authorities concerned, and it is necessary for that person to be dismissed and permanently ineligible for reappointment as a teacher.&#xd;
A teacher to whom any of the situations referred to in Subparagraphs 1 to 3 of the preceding paragraph pertain shall be dismissed without the disciplinary action having to be deliberated by a Teacher Evaluation Committee, and without it having to be reported to the Competent Authority to be reviewed and approved, and the matter is not subject to the provisions of Paragraph 1 of Article 20 of University Act or the provisions of Paragraph 1 of Article 27 of Junior College Act.&#xd;
If any of the situations referred to in Subparagraphs 4 to 6 of Paragraph 1 pertains to a teacher, the matter does not have to be deliberated by a Teacher Evaluation Committee, and after the disciplinary measure has been reported to and approved by the Competent Authority, the educational institution shall dismiss the teacher, and the matter is not subject to the provisions of Paragraph 1 of Article 20 of University Act or the provisions of Paragraph 1 of Article 27 of Junior College Act.&#xd;
An educational institution shall dismiss a teacher to whom any of the situations referred to in Subparagraph 7 or Subparagraph 10 of Paragraph 1 pertains after a Teacher Evaluation Committee meeting attended by at least two-thirds of its members has deliberated the matter and at least half of the members in attendance supported a resolution to do so, and after this disciplinary measure has then been reported to and approved by the Competent Authority. An educational institution shall dismiss a teacher to whom any of the situations referred to in the provisions of Subparagraphs 8, 9, or 11 pertains after a Teacher Evaluation Committee meeting attended by at least two-thirds of its members has deliberated the matter and at least two-thirds of the members in attendance supported a resolution to do so, and after the disciplinary measure has then been reported to and approved by the Competent Authority.&#xd;
Article 15&#xd;
A teacher shall be dismissed and the educational institution shall formally decide on one to four years ineligible for reappointment as a teacher, if any one of the following situations pertains:&#xd;
1.An educational institution’s Gender Equity Education Committee or another appropriate committee set up in accordance with the law has investigated and confirmed that the person committed sexual harassment, or sexual bullying, and that it is necessary to dismiss the person.&#xd;
2.The person has been penalized in accordance with the provisions of the Child and Youth Sexual Exploitation Prevention Act, or the provisions of Article 20 or Article 25 of Sexual Harassment Prevention Act, and the Gender Equity Education Committee of the educational institution has confirmed this, and it is necessary to dismiss the person.&#xd;
3.The person has inflicted corporal punishment on or bullied one or more students, causing severe physical or mental injury and it is necessary to dismiss the person.&#xd;
4.The person has been penalized in accordance with the provisions of Article 97 of the Protection of Children and Youths Welfare and Rights Act by the competent social welfare authority at each level, and the Teacher Evaluation Committee of the educational institution has confirmed this, and it is necessary to dismiss the person.&#xd;
5.The person has acted in violation of any pertinent laws or regulations, and the matter has been investigated and verified by the educational institution or by the authorities concerned, and it is necessary to dismiss the person.&#xd;
An educational institution shall dismiss a teacher to whom any of the situations referred to in Subparagraphs 1 or 2 of the preceding paragraph pertains, after a Teacher Evaluation Committee meeting attended by at least half of its members has deliberated the matter and at least half of the members in attendance supported a resolution to do so, and after the disciplinary measure has then been reported to and approved by the Competent Authority.&#xd;
An educational institution shall dismiss a teacher to whom any of the situations referred to in the provisions of Subparagraph 3 or Subparagraph 4 of Paragraph 1 pertains, after a Teacher Evaluation Committee meeting attended by at least two-thirds of its members has deliberated the matter and at least half of the members in attendance supported a resolution to do so, and after the disciplinary measure has then been reported to and approved by the Competent Authority. An educational institution shall dismiss a teacher to whom a situation referred to in the provisions of Subparagraph 5 pertains, after a Teacher Evaluation Committee meeting attended by at least two-thirds of its members has deliberated the matter and at least two-thirds of the members in attendance supported a resolution to do so, and after the disciplinary measure has then been reported to and approved by the Competent Authority.&#xd;
Article 16&#xd;
An educational institution shall dismiss or deny renewal of appointment to a teacher to whom any of the situations referred to in the following subparagraphs pertains after that teacher was appointed, after a Teacher Evaluation Committee has deliberated the matter and passed a resolution supporting the disciplinary measure, and after the disciplinary measure has then been reported to and approved by the Competent Authority; if the circumstances warrant severance with pay, the matter shall be dealt with in accordance with the provisions of Article 27:&#xd;
1.There are concrete facts of underperformance in teaching or incompetence at work.&#xd;
2.There is a serious breach of agreement.&#xd;
If either of the situations referred to in the preceding subparagraphs pertains to a teacher, a Teacher Evaluation Committee shall deliberate the matter at a meeting attended by at least two-thirds of its members and at least two-thirds of the members present need to be in agreement to pass a resolution regarding the disciplinary action. If, however, the situation referred to Subparagraph 1 of the preceding paragraph pertains to a teacher at a senior secondary or lower level school, the school shall apply to the Competent Authority to have the matter investigated and verified by its Teachers’ Professional Review Committee. After this the matter shall be deliberated by a Teacher Evaluation Committee with at least half of its members present and at least half of the members present must be in agreement to pass a resolution regarding the disciplinary action.&#xd;
Article 17&#xd;
Each Competent Authority shall set up a Teachers’ Professional Review Committee to assist senior secondary or lower level schools deal with cases of any of the circumstances referred to in Subparagraph 1 of Paragraph 1 of the preceding article, or in Paragraph 2 of Article 26, by accepting applications from schools regarding cases, or cases that have been referred to its Teachers’ Professional Review Committee to deliberate, in accordance with Paragraph 2 of Article 26.&#xd;
Each Teachers’ Professional Review Committee shall have eleven to nineteen members who each serve for a term of two years. The head of the Competent Authority shall select and appoint (assign) the members from among representatives of the administrative authority, educational scholars, legal experts, scholars and experts on children’s and youth welfare, representatives of national or local principals’ associations, representatives of national or local parents’ associations, and representatives nominated by national or Local Teachers Associations. The number of committee members of any one gender is not permitted to be less than one-third of the total number of committee members.&#xd;
The regulations governing the formation and operations of the Teachers’ Professional Review Committee referred to in Paragraph 1 shall be prescribed by the Central Competent Authority.&#xd;
A summary of the report made by each Teachers’ Professional Review Committee when a case is concluded shall be made available for the public to read.&#xd;
Article 18&#xd;
If a teacher’s conduct constitutes a violation of any pertinent laws or regulations, and the educational institution or the authority concerned has investigated and confirmed that the violation occurred, and the nature of the violation does not warrant dismissal of the teacher but it is necessary to suspend them, the educational institution’s Teacher Evaluation Committee may examine and consider the circumstances of the case, and it may pass a resolution to suspend the teacher for a period of between six months and three years, and the educational institution shall impose the suspension decided on, after a Teacher Evaluation Committee meeting attended by at least two-thirds of its members has deliberated the matter and at least two-thirds of the members in attendance support a resolution to do so, and after the disciplinary measure has then been reported to and approved by the Competent Authority.&#xd;
During the period of the suspension referred to in the preceding paragraph, a teacher is not permitted to apply for retirement or severance with pay, nor to undertake any teaching in any educational institution.&#xd;
Article 19&#xd;
A person to whom any of the following situations pertains is not permitted to be appointed as a teacher; if such a person has already been appointed, the educational institution shall dismiss them:&#xd;
1.Any situation referred to in any of the subparagraphs of Paragraph 1 of Article 14.&#xd;
2.Any situation referred to in any of the subparagraphs of Paragraph 1 of Article 15 that occurred during the period of one to four years formally decided on.&#xd;
If any of the situations referred to in any of the subparagraphs of Paragraph 1 of the preceding article pertains to a teacher, during the suspension period of between six months and three years, another educational institution is not permitted to appoint them as a teacher; if such a person has already been appointed, the educational institution shall dismiss them.&#xd;
A teacher referred to in either of the two preceding paragraphs who has already been appointed is a person who has been reported as having a criminal record in accordance with the provisions of Paragraph 1 of Article 20, shall be dismissed without the dismissal having to be deliberated by a Teacher Evaluation Committee and without it having to be reported to and approved by the Competent Authority, and the matter is not subject to the provisions of Paragraph 1 of Article 20 of University Act or the provisions of Paragraph 1 of Article 27 of Junior College Act. A teacher who has never been reported as having a criminal record in accordance with the provisions of Paragraph 1 of Article 20 shall be dismissed, in accordance with the provisions of Article 14 or the provisions of Article 15.&#xd;
With the exception of any teacher who has committed a sexual assault; sexual harassment, or sexual bullying which constituted a breach of the pertinent ordinances and the circumstances are serious; and with the exception of any teacher who has caused severe physical or mental injury to one or more students as a result of subjecting them to corporal punishment or bullying, any teacher who before the June 27, 2013 amendments to this Act took effect was investigated and verified by the authorities concerned to have behaved inappropriately in a way that impairs the professional dignity and status of teachers , and was therefore dismissed or did not have their appointment renewed, may once again be appointed as a teacher after a period of at least four years from the date of effect of their dismissal or the non-renewal of their appointment.&#xd;
Article 20&#xd;
If any of the situations referred to in Paragraph 1 of Article 14, Paragraph 1 of Article 15, Paragraph 1 of Article 18, and Paragraph 1 and 2 of the preceding article pertains to a teacher, the Competent Authority at each level and educational institutions at all levels shall undertake related reporting, collection of information, and checks in accordance with the regulations governing.&#xd;
Before appointing any teacher, educational institutions shall check whether any of the circumstances referred to in the provisions of Paragraphs 1 and 2 of the preceding article pertain to the person; educational institutions shall also conduct checks of the teachers already appointed on a regular basis.&#xd;
When assisting educational institutions to undertake the checking referred to in the preceding paragraph, the competent authorities at each level may use the database of persons who have been subject to an administrative penalty that was compiled by the central competent social welfare authority, in accordance with the provisions of Child and Youth Sexual Exploitation Prevention Act, of Article 20 of Sexual Harassment Prevention Act, or of Article 97 of the Protection of Children and Youths Welfare and Rights Act.&#xd;
The regulations governing the reporting, and the collection, checking, handling, and use of information referred to in the three preceding paragraphs, and other related matters shall be prescribed by the Central Competent Authority.&#xd;
Article 21&#xd;
A teacher to whom any of the following situations pertains shall be mandatory temporary suspension of appointment, as a matter of course:&#xd;
1.The person is subject to an arrest warrant or has been taken into custody, in accordance with criminal case procedures.&#xd;
2.The person has been deprived of their civil rights in accordance with a final and irrevocable criminal case ruling.&#xd;
3.The person has been given a custodial sentence in accordance with a final and irrevocable criminal case ruling and is currently in prison.&#xd;
Article 22&#xd;
Within one month from the day that an educational institution where a teacher works becomes aware of a teacher’s being involved in any of the situations referred to in the following subparagraphs, after its Teacher Evaluation Committee has reviewed the matter and given approval, that educational institution shall, without having to report the matter to the Competent Authority and receive its approval, temporarily suspend the teacher for a period of up to six months and wait for the results of an investigation. When necessary, the period of suspension may be extended after the Teacher Evaluation Committee has reviewed the need for an extension and given approval. A maximum of two extensions is permitted and each extension is not permitted to exceed three months. If the investigation verifies that the circumstances did occur, after reporting the matter to the Competent Authority the educational institution shall suspend the teacher, without the disciplinary action having to be deliberated by the Teacher Evaluation Committee, until the Competent Authority has reviewed and approved the disciplinary action, and the educational institution then dismisses the teacher:&#xd;
1.Situations referred to in Subparagraphs 4 to 6 of Paragraph 1 of Article 14.&#xd;
2.Situations referred to in Subparagraph 1 or 2 of Paragraph 1 of Article 15.&#xd;
If a teacher has been involved in any of the situations referred to in the following subparagraphs, and the educational institution where the teacher works considers that it is necessary for that teacher initially to be suspended and an investigation to be conducted, after its Teacher Evaluation Committee has reviewed the matter, and given approval, and without having to report the matter to the Competent Authority and receive its approval, the educational institution shall temporarily suspend the teacher for a period of up to three months and wait for the results of an investigation. When necessary, the period of suspension may be extended one time only after the Teacher Evaluation Committee has reviewed the need for an extension and given approval, and such an extension is not permitted to exceed three months. If the investigation verifies that the situation did occur, after it has reported the matter to the Competent Authority, the educational institution may suspend the teacher after its Teacher Evaluation Committee has deliberated and is in agreement, until the Competent Authority has reviewed and approved the disciplinary action, and the educational institution then dismisses the teacher:&#xd;
1.Situations referred to in Subparagraphs 7 to 11 of Paragraph 1 of Article 14.&#xd;
2.Situations referred to in Subparagraphs 3 to 5 of Paragraph 1 of Article 15.&#xd;
Decisions regarding the situations referred to in the preceding two paragraphs shall be made by the Teacher Evaluation Committee at a meeting attended by at least half of its members with at least half of the members present supporting the decision.&#xd;
Article 23&#xd;
During the period of suspension of a teacher, the educational institution where they work shall reserve their position; if the Appointment Agreement period expires during the final suspension period, the educational institution shall renew that teacher’s appointment.&#xd;
The educational institution shall reinstate a teacher who has been suspended in accordance with the provisions of Article 18, or of Paragraph 1 or 2 of the preceding article, after the period of suspension expires. That teacher shall report for duty at the educational institution the day after the period of suspension expires.&#xd;
If a teacher has been suspended in accordance with the provisions of Paragraph 1 or Paragraph 2 of the preceding article, and the reason for the suspension has ceased to exist, before the suspension period has fully expired, the teacher may apply to have their appointment reinstated.&#xd;
An educational institution shall reinstate the appointment of a teacher who applies to be reinstated in accordance with the provisions of the preceding paragraph after a Teacher Evaluation Committee deliberates the matter at a meeting attended by at least half of its members and at least half of the members present give agreement.&#xd;
If a teacher was suspended in accordance with the provisions of Article 21 after the reason for the suspension has ceased to exist, except in cases when the educational institution imposed the suspension in accordance with the provisions of Paragraph 2 of the preceding article, the educational institution shall reinstate the teacher after the reason for the suspension has ceased to exist. The teacher shall report for duty on the day after the day that the reason ceased to exist.&#xd;
If a teacher who has been suspended in accordance with this Act does not report for duty on the day after the period of suspension expires in accordance with the provisions of Paragraph 2, or does not report for duty on the day after the reason ceased to exist in accordance with the provisions of the preceding paragraph, or does not apply for reinstatement of their appointment within three months after the reason for the suspension has ceased to exist in accordance with the provisions of Paragraph 3, the educational institution shall be responsible for inquiring why and reminding the teacher to return. A teacher shall be regarded as being suspended until that person has been reinstated and has reported for duty. A teacher who does not report for duty at their educational institution within thirty days after receiving an inquiry and reminder notice shall be regarded as having resigned, unless their not reporting for duty was for some reason that is not attributable to that teacher.&#xd;
Article 24&#xd;
If a teacher has been dismissed, denied renewal of appointment, or suspended initiates remedy procedures in accordance with the law and the original dismissal, denial of renewal, or suspension decision has subsequently been revoked or lost its effectiveness for some other reason, unless it may impose other disciplinary sanctions in accordance with the law, the educational institution shall notify the teacher that their appointment has been reinstated, without its Teacher Evaluation Committee having to deliberate the matter.&#xd;
A teacher whose appointment has been reinstated in accordance with the provisions of the preceding paragraph shall report for duty within thirty days after they receive the reinstatement of appointment notice; a teacher who does not report for duty within this period shall be regarded as having resigned, unless their not reporting for duty was for some reason that is not attributable to that teacher.&#xd;
The educational institution shall reassign teaching duties to a teacher whose appointment has been reinstated in accordance with the provisions of Paragraph 1, or the provisions of Paragraphs 2, 3, or 5 of the preceding article.&#xd;
Article 25&#xd;
A teacher who is suspended in accordance with Paragraph 1 of Article 18, or Subparagraph 2, or Subparagraph 3 of Article 21 will not have any remuneration payments made during the period of suspension.&#xd;
A teacher who is suspended in accordance with Paragraph 1 of Article 21, Paragraph 1 of Article 22, or Paragraph 6 of Article 23 shall not have any remuneration payments made during the period of suspension; when the reason for the suspension ceases to exist, a teacher who has not been dismissed or had not a suspension imposed as an administrative disposition, and who has had their appointment reinstated shall be paid their full basic salary (and any seniority salary) in arrears for the period of the suspension.&#xd;
A teacher who is suspended in accordance with Paragraph 2 of Article 22 shall be paid half of their basic salary (and any associated seniority salary) during the period of suspension; a teacher who has not been dismissed or had not a suspension imposed as an administrative disposition after an investigation is conducted, and who has had their appointment reinstated, shall be paid half of their basic salary (and any associated seniority salary) in arrears for the period of the suspension.&#xd;
Article 26&#xd;
When an educational institution’s Teacher Evaluation Committee, Gender Equity Education Committee, or other relevant committee formed in accordance with law passes a resolution to dismiss a teacher or deny renewal of that teacher’s appointment in accordance with the provisions of Articles 14 to 16, or passes a resolution to impose a suspension on a teacher in accordance with the provisions of Article 18, unless other provisions of this Act apply, the educational institution shall report the matter to the Competent Authority for its approval within ten days from the day that the resolution was passed, and at the same time it shall notify the party or parties involved of its decision notify in writing of the reasons.&#xd;
If a teacher at a senior secondary or lower level school is involved in any situation referred to in the provisions of Articles 14 to 16, or of Article 18, and a Teacher Evaluation Committee at the school has not been convened in accordance with regulations, or has not deliberated the case, or has not passed a resolution, when the Competent Authority considers that the case might involve a breach of the law, it shall notify in writing of the reasons and return the case to the school to deliberate or reconsider the case; if the school then fails to deliberate or reconsider the case within a specified period, the Competent Authority may notify in writing of the reasons and refer the case directly to its Teachers’ Professional Review Committee to deliberate, and it may investigate which of the school’s associated personnel bear responsibility.&#xd;
The Teachers’ Professional Review Committee referred to in the preceding paragraph shall base its resolutions on the nature of each particular case, and the proportion of the committee’s members that must be in attendance at a meeting to deliberate a case and the proportion of votes that must be cast to pass a resolution shall be the same as the proportions required when a Teacher Evaluation Committee at a school deals with a matter. Its resolutions shall be regarded as equivalent to resolutions passed by a school’s Teacher Evaluation Committee.&#xd;
If a teacher at a junior college or an institution of higher education is involved in any situation referred to in Articles 14 to 16, or in Article 18, and a Teacher Evaluation Committee at the educational institution has not been convened in accordance with regulations, or has not deliberated, or passed a resolution regarding the situation, when the Competent Authority considers that the case might involve a breach of the law, it shall give a detailed explanation of its reason and return the case to the educational institution to deliberate or reconsider. If the case is not duly reviewed or reconsidered within a specified period, the Competent Authority may investigate which of the school’s associated personnel bear responsibility.&#xd;
If a teacher’s term of appointment expires while the person is still currently involved in disciplinary procedures, the educational institution shall temporarily continue their appointment.&#xd;
Article 27&#xd;
A teacher to whom any of the situations referred to in the following subparagraphs pertains may be dismissal with severance, after a Teacher Evaluation Committee has reviewed the matter and given approval, and after the disciplinary measure has been reported to and approved by the Competent Authority:&#xd;
1.There is no longer any work available for the person in their current position because of adjustments to departments, graduate institutes, sections, divisions, or courses, or because the educational institution is reducing the number of programs, suspending operations, or closes down, and there is no other suitable work to which the person can be transferred.&#xd;
2.The person is unsuitable for employment in their current position and there is other suitable work to which the person can be transferred; or a hospital that meets the hospital assessment standards set by the central competent heath authority has certified that the person is physically too weak to perform their work.&#xd;
3.The person is subject to a guardianship or assistance order which has not been revoked.&#xd;
A teacher who is eligible for retirement to whom any of the situations referred to in the preceding paragraph pertains and whose severance with pay has been approved may apply for retirement in accordance with the regulations within one month after the date their severance was determined, and the originally approved date of effect of their severance with pay shall be the date of effect of their retirement.&#xd;
Article 28&#xd;
From the date that an educational institution becomes aware of a teacher’s being involved in any of the situations referred to in Paragraph 1 of Article 14 or Paragraph 1 of Article 15 onwards, the educational institution is not permitted to approve that teacher’s retirement or severance with pay.&#xd;
If an educational institution first becomes aware of a teacher’s being involved in any of the situations referred to in Paragraph 1 of Article 14, or Paragraph 1 of Article 15 after that teacher has resigned, the educational institution shall still formally dismiss that teacher and shall undertake reporting in accordance with the provisions of Article 20.&#xd;
Article 29&#xd;
The regulations governing the procedures for and matters related to the dismissal, non-renewal of appointment, suspension, or severance with pay of a teacher at a senior secondary or lower level school in accordance with this Act shall be prescribed by the Central Competent Authority.&#xd;
Article 30&#xd;
A teacher at a senior secondary or lower level school to whom any situation referred to in any of the following subparagraphs pertains is not permitted to apply for a transfer:&#xd;
1.The person is still being investigated, or currently involved in dismissal or non-renewal of appointment disciplinary procedures regarding any of the situations referred to in Paragraph 1 of Article 14, Paragraph 1 of Article 15, or in the subparagraphs of Paragraph 1 of Article 16.&#xd;
2.The person is still being investigated, currently involved in non-renewal of appointment disciplinary procedures, or in a period of suspension regarding any of the situations referred to in Paragraph 1 of Article 18, Article 21, or Paragraph 1 or Paragraph 2 of Article 22.&#xd;
The person is still being investigated, or is currently involved in severance with pay disciplinary procedures regarding any of the situations referred to in Subparagraph 2 or Subparagraph 3 of Paragraph 1 of Article 27.&#xd;
Chapter 5 Rights and Obligations&#xd;
Article 31&#xd;
A teacher who accepts appointment to a position enjoys the following rights, in accordance with the related ordinances and the provisions of the rules and regulations of the educational institution:&#xd;
1.To put forward suggestions for new approaches or changes to the educational institution’s teaching and administration.&#xd;
2.To enjoy rights to and protection of remuneration, benefits, retirement, bereavement compensation, severance with pay, and insurance.&#xd;
3.To participate in in-service further training, research, and academic exchange activities.&#xd;
4.To join teacher organizations, and participate in other activities held in accordance with ordinances and regulations.&#xd;
5.A teacher who considers that some measure taken by the Competent Authority or the educational institution that the teacher has personally been subject to is illegal or inappropriate, and that it constitutes a violation of their rights and interests, may lodge an appeal in accordance with the law.&#xd;
6.To enjoy professional autonomy in their teaching and student counseling in accordance with ordinances and the educational institution’s rules and regulations.&#xd;
7.Unless ordinances stipulate otherwise, a teacher may refuse to engage in work tasks or activities assigned by the Competent Authority or by the educational institution that are outside the scope of teaching and learning related work or activities.&#xd;
8.When a teacher becomes involved in a lawsuit as a result of performing their duties in accordance with the law, the educational institution where they teach shall assist them to engage a lawyer to defend them and provide legal assistance.&#xd;
9.All other rights they are entitled to enjoy in accordance with this Act or other laws.&#xd;
The regulations governing the assistance for any teacher who becomes involved in a work-related lawsuit referred to in Subparagraph 8 of the preceding paragraph shall be prescribed by the Central Competent Authority; any teacher who becomes involved in a lawsuit as a result of some intentional act or gross negligence shall not be provided with assistance; if the educational institution where they worked has already assisted the person with expenses for a lawsuit, it shall issue the person an order in writing to reimburse the educational institution within a period specified.&#xd;
Article 32&#xd;
In addition to complying with ordinances and fulfilling their appointment contract obligations, teachers have the following duties:&#xd;
1.To comply with the terms of their Appointment Agreement and uphold the reputation of the educational institution.&#xd;
2.To actively protect students’ rights to education.&#xd;
3.To implement adaptive teaching and learning activities, in accordance with the related ordinances and the teaching program put in place by the educational institution.&#xd;
4.To advise and discipline students, to guide their appropriate growth and nurture their development of a sound personality.&#xd;
5.To engage in teaching-related research and further training.&#xd;
6.To strictly fulfill the responsibilities that go with their position, always act on the basis of conscience, and promote the honor and dignity of teaching, and professionalism.&#xd;
7.To participate in the academic and administrative work, and social education activities of the educational institution, in accordance with the related ordinances.&#xd;
8.To not disclose any student’s personal or family information, unless required to do so in accordance with law.&#xd;
9.To serve as a class teacher or academic advisor.&#xd;
10.To fulfill other duties, which must be fully complied with in accordance with the provisions of this Act and other laws.&#xd;
Regulations governing the matters referred to in Subparagraph 4 and Subparagraph 9 of the preceding paragraph shall be discussed and agreed on by the governing council of each educational institution.&#xd;
Article 33&#xd;
Teachers holding an appointment at an educational institution at any level shall proactively and vigorously engage in further training and research related to knowledge and skills pertinent to their teaching.&#xd;
Teachers engaging in in-service further training may take paid leave, or leave without pay with their position guaranteed; the expenses for teachers’ further training and research may be provided for by the educational institution or the Competent Authority for the educational institution through budget allocations.&#xd;
To raise the quality of education and encourage teachers at educational institutions at all levels to engage in further training and research, the Central Competent Authority shall plan professional development systems providing teachers with a multifaceted range of further training and research; the regulations governing matters related to their mode and incentives shall be prescribed by the Central Competent Authority.&#xd;
Each Competent Authority of schools at senior secondary or lower level shall establish a Teachers’ Consulting and Guidance Support System to assist teachers provide consulting and guidance; the associated regulations shall be prescribed by the Competent Authority concerned.&#xd;
Article 34&#xd;
If a teacher acts in violation of the provisions of any of the subparagraphs of Paragraph 1 of Article 32, the educational institution that appointed the teacher shall refer the matter to its Teacher Evaluation Committee to discuss and appraise and then the educational institution in accordance with the provisions of related ordinances.&#xd;
Article 35&#xd;
Teachers may request personal leave in accordance with the regulations, for marriage, funerals, illness, childbirth, and other legitimate reasons. Official leave shall be given to teachers who have a statutory duty to testify regarding a sexual assault, or sexual harassment and bullying case.&#xd;
The regulations governing the categories of leave, the number of days of leave, procedures for requesting leave, handling of the determination of rights and responsibilities and of breaches of regulations, and other matters relating to the leave that teachers may request referred to in the preceding paragraph shall be prescribed by the Central Competent Authority.&#xd;
Article 36&#xd;
Teachers’ remuneration shall be prescribed in separate legislation.&#xd;
Article 37&#xd;
When a teacher transfers between a public educational institution and a private educational institution, that teacher’s years of service for which no retirement payment, bereavement compensation, resignation payment, or severance pay has yet been approved and paid shall be counted in aggregate.&#xd;
Article 38&#xd;
Teachers’ retirement, bereavement compensation, resignation, severance, and insurance is governed by separate legislation.&#xd;
Chapter 6 Teacher organizations&#xd;
Article 39&#xd;
There are three levels of teacher organizations: the Institutional Level Teachers Associations, at educational institutions; the Local Teachers Associations, at the municipal, and county (city) level; and the National Teachers Associations, at the central level.&#xd;
If an educational institution has fewer than twenty classes, it may work with other educational institutions to set up an inter-district (-township, -town) educational institution teachers association.&#xd;
To establish a teachers’ organization at any level, an application shall be made to the appropriate Competent Authority in accordance with the provisions of Civil Associations Act.&#xd;
Each Local Teachers Associations shall consist of at least half of the educational Institutional Level Teachers Associations in its district to be allowed to be established. A National Teachers Associations shall have at least half of the Local Teachers Associations as members to be allowed to be established.&#xd;
Article 40&#xd;
The teacher organizations at each level have the following basic responsibilities:&#xd;
1.Safeguard teachers’ professional dignity and autonomy.&#xd;
2.Reach agreements with authorities at all levels on teachers’ appointment and work regulations.&#xd;
3.Study and help solve all kinds of education related problems.&#xd;
4.Oversee the management, operation, and payments made from the resignation payment fund organization.&#xd;
5.Assign representatives to join the statutory organizations that handle teacher appointments, appeals, and other teacher related matters.&#xd;
6.Formulate teachers’ autonomous agreements.&#xd;
Article 41&#xd;
An educational institution is not permitted to restrict teachers’ joining teacher organizations or their holding a post in a teachers’ organization.&#xd;
An educational institution is not permitted to refuse to appoint a teacher, dismiss a teacher, or take any other unfavorable action against a teacher because of that teacher’s joining a teachers’ organization, holding a post in a teachers’ organization, or participating in its activities.&#xd;
Chapter 7 Appeals and Remedies&#xd;
Article 42&#xd;
A teacher who considers that some measure taken by an educational institution or by the Competent Authority that the teacher has personally been subject to is illegal or inappropriate, and that it constitutes a violation of their rights and interests, may lodge an appeal, and a further appeal, with a Teacher Appeal Review Committee at each level.&#xd;
A teacher who considers that their rights and interests have been damaged as a result of an educational institution or the Competent Authority not taking action within the statutory period to handle an application submitted by that teacher may also lodge an appeal; if the ordinances do not stipulate a period, the period shall be deemed to be two months from the date that the educational institution or the Competent Authority accepted the application.&#xd;
An appeal shall be lodged in writing within thirty days from the day after the day that the person receives notification or is informed about the measure; any further appeal shall be lodged within thirty days from the day after the day that a written Appeal Review Decision is sent.&#xd;
The standard period referred to in the preceding paragraph shall be the date that a Teacher Appeal Review Committee accepts a written appeal or written further appeal.&#xd;
Article 43&#xd;
The members of each Teacher Appeal Review Committee shall comprise teachers, impartial upright members of society, scholars and experts, representatives of local teacher organizations, and representatives of the Competent Authority or educational institution that set up the Teacher Appeal Review Committee; the number of teachers on the committee who do not hold a part-time administrative post is not permitted to be less than two-thirds of the full committee.&#xd;
In municipalities and counties (cities), the teachers’ organization representatives referred to in the preceding paragraph shall be recommended by the teacher organizations in their respective municipality, or county (city). In junior colleges and institutions of higher education, the teachers’ organization representatives shall be recommended by the teachers’ organization of each educational institution. If an educational institution does not have a teachers’ organization, the teachers’ organization representatives shall be recommended by another educational institution at an equivalent education level, or by a municipal or county (city) teachers’ organization. The teachers’ organization representatives on a central level Teacher Appeal Review Committee shall be recommended by a National Teachers Associations.&#xd;
The regulations governing the composition, recusal, review procedures and methods, of Teacher Appeal Review Committee s, and other matters related to such committees shall be prescribed by the Central Competent Authority; the directions to be used by military and police schools and Reformatory Schools may be prescribed by their respective competent authorities.&#xd;
If the composition of any Teacher Appeal Review Committee at any level is inconsistent with the provisions of Paragraph 1 and Paragraph 2, that teacher grievance review committee shall complete a revision of its composition within one year from the date that the May 10, 2019 amendments took effect.&#xd;
Article 44&#xd;
Teachers’ appeal procedures are divided into appeals and further appeals, each at two levels, as follows:&#xd;
1.For teachers at junior colleges and institutions of higher education: appeals are divided into institution level appeals, and central level 2 appeals.&#xd;
2.For teachers at senior secondary or lower level schools: appeals are divided into municipal, county (city), and central level appeals. However, all appeals for schools under the jurisdiction of the Central Competent Authority are central level 1 appeals, and an appeal lodged by such a school is deemed a further appeal.&#xd;
A teacher who is dissatisfied with the decision of any appeal may lodge a further appeal. If the educational institution or the Competent Authority is dissatisfied with the result of an appeal, it too may lodge a further appeal.&#xd;
After lodging an appeal or further appeal in accordance with this Act, a teacher is not permitted to also lodge an administrative appeal in accordance with Administrative Appeal Act; if an administrative appeal is lodged before the conclusion of an appeal or further appeal procedure, within ten days the agency that accepted lodgment of that administrative appeal shall transfer the case to the Teacher Appeal Review Committee with jurisdiction and shall notify the teacher concerned. If an administrative appeal is lodged at the same time it shall be handled in the same way.&#xd;
If a teacher lodges an administrative appeal in accordance with the Administrative Appeal Act and then lodges an appeal in accordance with this Act, the Teacher Appeal Review Committee that accepted the appeal shall halt its review until that teacher has retracted the administrative appeal or the administrative appeal has been determined and then continue its review. If the original measure was an administrative disposition, the committee shall make a decision not to proceed with the appeal.&#xd;
Any cases still pending before the May 10, 2019 amendments to this Act take effect shall subsequently be finalized using procedures in accordance with the provisions of this Act after the amendments took effect.&#xd;
If any original measure was by nature an administrative disposition, any further appeal decision shall be regarded as equivalent to an administrative appeal decision; if the appellant is dissatisfied with a further appeal decision, the person may initiate administrative litigation in accordance with the law.&#xd;
Article 45&#xd;
After final determination regarding a case, that determination is binding on each agency and the educational institution concerned; the educational institution or Competent Authority that took the original measure shall handle the matter in accordance with the Appeal Review Decision and the Competent Authority shall duly oversee the determination is indeed implemented.&#xd;
If an educational institution fails to handle a matter in accordance with the provisions of the preceding paragraph, the Competent Authority may investigate where the responsibility lies in accordance with pertinent laws and regulations and use this as the basis for partial or full reductions or the cancellation of incentives, or subsidies to the educational institution, or other measures.&#xd;
Article 46&#xd;
Appeal Review Decision made by municipal, county (city), and central Teacher Appeal Review Committee s shall be proactively be made public. If, however, other laws stipulate otherwise, the matter shall be handled in accordance with their provisions.&#xd;
The making public of appeal decisions referred to in the preceding paragraph shall not include any natural person’s personal details, except for the full name of the individual and shall not include their ID number, passport number, or any other information sufficient to identify the individual.&#xd;
Chapter 8 Supplementary Provisions&#xd;
Article 47&#xd;
The assessment and accreditation of the qualifications of part-time teachers at educational institutions at all levels shall be undertaken in accordance with the provisions of this Act.&#xd;
The regulations governing the rights; obligations; qualifications; appointment; termination of agreements; suspension of agreements implement and related reporting, collection of information, checking; and other matters pertaining to Part-time Teachers, and Substitute Teachers shall be prescribed by the Central Competent Authority.&#xd;
The qualifications of teachers of professional and technical subjects, and nursing teachers who teach health and nursing courses at educational institutions at all levels shall be handled in accordance with the provisions of the Statute Governing the Appointment of Educators.&#xd;
Article 48&#xd;
The relevant ordinances and regulations that apply to teachers apply, mutatis mutandis, to matters pertaining to the dismissal, appeals, further training, remuneration, benefits, retirement, severance with pay, and bereavement compensation of the nursing teachers referred to in Paragraph 3 of the preceding article.&#xd;
The Competent Authority may handle the transfers of nursing teachers who hold qualifications to teach health and nursing and who have been assigned by the Competent Authority to be teachers of health and nursing. The regulations governing their transfer shall be prescribed by the Central Competent Authority.&#xd;
Article 49&#xd;
The provisions of all articles of this Act shall apply, mutatis mutandis, to the following preschool teacher related matters:&#xd;
1.Teachers at public preschools: the appointment, dismissal, non-renewal of appointment, suspension, severance with pay, teacher organizations, appeals, remedies, and other management related matters.&#xd;
2.Teachers at private preschools which were already applying this Act, mutatis mutandis, before December 31, 2011: matters related to their appointment, further training, research, resignation, severance with pay, teacher organizations, and appeals.&#xd;
Article 50&#xd;
The principal of an educational institution at any level may apply, mutatis mutandis, the provisions governing teachers’ appeal to lodge an appeal.&#xd;
Article 51&#xd;
The Central Competent Authority shall invite representatives of the National Teacher Organizations to participate in the formulation of each of the regulations and ordinances that this Act authorizes the Central Competent Authority to prescribe.&#xd;
Article 52&#xd;
The enforcement rules of this Act shall be prescribed by the Central Competent Authority.&#xd;
Article 53&#xd;
The date of effect of this Act shall be determined by the Executive Yuan.]]&gt;</summary><liaisonper/><liaisontel/><liaisonfax/><liaisonemail/><docs/><images/><videos/><audios/><resources><resources><relateURL>https://law.moj.gov.tw/ENG/LawClass/LawAll.aspx?pcode=H0020040</relateURL><relateName>Teachers'  Act</relateName></resources></resources></item><item><subject>&lt;![CDATA[Sexual Harassment Prevention Act]]&gt;</subject><dataClassName>Gender-related Events</dataClassName><pubUnitName>Office of Gender Equality Education</pubUnitName><posterDate>2023-08-16</posterDate><updateDate/><detailContent>&lt;![CDATA[]]&gt;</detailContent><summary>&lt;![CDATA[Chapter 1 General Principles&#xd;
Article 1&#xd;
The Act is formulated in order to prevent sexual harassment and protect the rights of victims.&#xd;
The handling and prevention of incidents of sexual harassment are stipulated under the Act, unless otherwise provided in the Gender Equity Education Act and Gender Equality in Employment Act with respect to the handling and prevention, subject to the field where the incidents of sexual harassment occur, and the concerned party’s identity and relationship.&#xd;
Article 2&#xd;
Excluding sexual assault crimes, the sexual harassment referred to herein means the sexual or gender-related behavior against the will of a male or female and meeting any of the following circumstances:&#xd;
1. Impair another person’s dignity and personality, or create a situation that causes another person to feel scared, hostile or offensive, or improperly affect another person’s work, education, training, services, plans, activities or routine life, expressly or implicitly, by discriminatory or insulting language and conduct, or in any other manners; and&#xd;
2. Allow oneself or another person to provoke, lose or impair the interest and right related to learning, work, training, service, plan and activity on condition that another obeys or reject the behavior.&#xd;
The power-abused sexual harassment referred to herein means that a person who is in charge of education, training, medical treatment, public affairs, business affairs, employment, or other relevant fields, and uses his or her power or opportunity to make sexually harass to another person.&#xd;
Article 3&#xd;
A troop referred to herein means a unit subordinated to the Ministry of National Defense.&#xd;
The school referred to herein means any public or private school at all levels, military academy, preparatory school, police school at all levels, and juvenile correction school.&#xd;
The institution referred to herein means any juristic person, partnership, or a non-corporate body which has its own representative or manager, or any other organization.&#xd;
Article 4&#xd;
Competent authorities as referred to in this Act mean the Ministries of Health and Welfare at the central level; the municipal government at the municipality level; and the county (city) government at the county (city) level.&#xd;
Article 5&#xd;
The central competent authority has the following duties, provided that for matters related to the duties of each central authority in charge of relevant enterprises, they shall be taken appropriate actions by each central authority in charge of relevant enterprises.&#xd;
1. Drafting and reviewing policies and regulations about sexual harassment prevention;&#xd;
2. Coordinating, supervising and examining implementation of sexual harassment prevention in the government;&#xd;
3. Supervising the handling procedures for sexual harassment incidents established by competent authorities at the special municipality or city (county) level, and assisting to provide victims with protection and assistance;&#xd;
4. Training professionals specialized in investigation on incidents of sexual harassment;&#xd;
5. Popularizing education and promotion of sexual harassment prevention;&#xd;
6. Awarding prizes to any organization, school, institution, employer, group or individual that carries out sexual harassment prevention and has excellent performance;&#xd;
7. Compiling and gathering statistics of any data about incidents of sexual harassment, and creating e-database for the incidents of sexual harassment;&#xd;
8. Organizing the study on the trends and problems of sexual harassment prevention; and&#xd;
9. Other sexual harassment prevention matters.&#xd;
To perform the activities under the previous paragraph, the central competent authority should select (appoint) scholars, experts and representatives of private organizations and relevant authorities to provide advice. Among the other things, the number of scholars, experts and representatives of private organizations shall be no less than one-half of the total number of persons. Female representatives shall be no less than one-half of the total number of persons.&#xd;
Article 6&#xd;
The competent authorities at the special municipality or city (county) level shall establish a Sexual Harassment Prevention Committee (hereinafter referred to as the “Committee”) which can undertake the following matters, provided that for matters related to the duties of each municipal and county (city) authority in charge of relevant enterprises, they shall be taken appropriate actions by such competent authorities:&#xd;
1. Drafting policies and regulations about sexual harassment prevention;&#xd;
2. Coordinating, supervising and implementing sexual harassment prevention matters;&#xd;
3. Investigating, mediating and reviewing incidents of sexual harassment and transferring the case to the related agency;&#xd;
4. Providing victims with consultation services, psychological counseling, legal assistance, social welfare resources and other necessary services;&#xd;
5. Popularizing education &amp; training and promotion of sexual harassment prevention;&#xd;
6. Compiling and gathering statistics of any data about incidents of sexual harassment; and&#xd;
7. Other sexual harassment prevention matters.&#xd;
For the Committee referred to in the preceding paragraph, a convener shall be appointed and chaired by the administrator or deputy administrator of municipal or county (city) government concurrently. The Committee members shall be selected (appointed) from the senior officers of related agencies, persons of disinterested community members, representatives of private institutions, scholars and experts. Among the other things, the persons of disinterested community members, representatives of private institutions, scholars and experts shall be no less than one-half of the total, and female representatives shall be no less than one-half of the total.&#xd;
Chapter 2 Sexual Harassment Prevention and Responsibility&#xd;
Article 7&#xd;
The government agencies (entities), troops, schools, institutions or employers shall take the following preventive measures to prevent sexual harassment from occurrence in the belonged public areas, and places open to the public.&#xd;
1. If the number of the organization's members, employees or personnel receiving the service reaches over ten, an access to sexual harassment grievance system/procedure for mediation and handling should be established; and&#xd;
2. If the number of the organization’s members, employees, or personnel receiving the service reaches over thirty, methods for sexual harassment prevention shall be formulated and disclosed to the public.&#xd;
Upon awareness of any incident of sexual harassment taking place in the places referred to in the preceding paragraph, the government agencies (entities), troops, schools, institutions or employers shall take the following valid corrective action and remedial measures, and keep caring the safety and privacy of victims.&#xd;
1. Help victims with filing a grievance and preserve the related evidence;&#xd;
2. If necessary, assist in notifying the police to address the case on the site; and&#xd;
2. Review the safety of the place where it belonged.&#xd;
After knowing the incident of sexual harassment, the government agencies (entities), troops, schools, institutions or employers shall take corrective actions and remedial measures referred to in the subparagraph 3 of the preceding Paragraph.&#xd;
In order to prevent and address incidents of sexual harassment, the central competent authorities shall specify standards of sexual harassment prevention, including patterns of sexual harassment, principles of sexual harassment prevention, accesses to sexual harassment grievance system/procedure, training programs of sexual harassment prevention and other relevant measures.&#xd;
Article 8&#xd;
The government agencies (entities), troops, schools, institutions or employers referred to in the preceding Article shall organize regular educational training about sexual harassment prevention or encourage their staff to join the training.&#xd;
Article 9&#xd;
During the course of grievance, investigation, detection or trial procedure for incidents of sexual harassment, no discriminatory treatment should be given against any person that filed a grievance, complaint, report, lawsuit, testimony, assistance or other participation by the government agencies (entities), troops, schools, institutions or employers.&#xd;
Those who violate the regulation of the preceding Paragraph shall be liable for damages.&#xd;
Chapter 3 Victim Protection&#xd;
Article 10&#xd;
Promotional materials, publications, broadcast, TV, Internet or other media shall not report or record the name of the victim or any other information that is sufficient to identify the victim, unless in any of the following circumstances:&#xd;
1. Subject to the victim’s prior approval, if the victim is an adult, provided that if the victim is mentally disabled or has been placed under custodianship or guardianship, the information shall be provided in a manner understandable to the victim, and if the victim has been placed under custodianship, the consent of the victim’s guardian is also required; and&#xd;
2. A competent prosecutor or a competent court finds the disclosure of personally identifiable information of a victim necessary according to the laws.&#xd;
When giving his consent, a custodian referred to in the proviso of Subparagraph 1 of the preceding Paragraph shall respect the will(s) of the victim who has been placed under custodianship.&#xd;
When the guardian referred to in the proviso of the subparagraph 1 of Paragraph 1 of this Article is the offender, suspect or defendant in the incident of sexual harassment, the name of the victim or any other information that is sufficient to identify the victim may not be reported or recorded.&#xd;
Any person other than those referred to in the proviso of Paragraph 1 of this Article may not, through the media or in any other manners, reveal to the public or disclose the name of the victim or any other information that is sufficient to identify the victim.&#xd;
Unless otherwise provided by other Acts, one shall keep confidential any information sufficient to identify a victim specified in Paragraph 1 which comes to his knowledge or possession because of his occupation or profession.&#xd;
Documents made known to the public by administrative agencies or judicial agencies may not reveal the name, date of birth, residential address, or any other personally identifiable information of a victim.&#xd;
Article 11&#xd;
During the investigation on an incident of sexual harassment, the government agencies (entities), troops, schools, police agencies, and the municipal and county (city) competent authorities shall, subject to the victim’s physical and mental condition, provide or refer to the victim consultation services, psychological counseling, legal assistance, social welfare resources and other necessary services.&#xd;
Article 12&#xd;
A person who has sexually harassed another person should take the responsibility of offering compensation for damage.&#xd;
In the case provided in the preceding Paragraph, the injured party may still claim an equitable compensation in money for a non-pecuniary loss. If reputation is harmed, a proper punishment of restoring reputation is required.&#xd;
In the case of the damages referred to in the preceding two Paragraphs resulting from power-abused sexual harassment, the court may, upon request and on the basis of the severity of the infringement, award damages equivalent to 1~3 times of the proven loss.&#xd;
Article 13&#xd;
If an employee or the responsible person of an institution sexually harass another person by taking advantages of his or her official position, according to Paragraph 2 of the preceding Article, his or her employer or the institution shall provide adequate assistance when a proper punishment of restoring the victim's reputation back is required.&#xd;
Where a student or trainee sexually harasses another person when receiving education or training in a school, or educational or training institution, according to Paragraph 2 of the preceding Article, the school or educational or training institution shall provide adequate assistance when a proper punishment of restoring the victim's reputation is required.&#xd;
The requirements referred to in the preceding two Paragraphs shall not apply to the government agencies (entities) and troops.&#xd;
Chapter 4 Grievance and Investigation Procedure&#xd;
Article 14&#xd;
In addition to the relevant legal assistance, a victim in the incident of sexual harassment may also file a grievance in the following manners:&#xd;
1. File the grievance within two years upon awareness of the incident, in the case of the incident of sexual harassment other than power-abused sexual harassment, unless it has been more than five years since the incident of sexual harassment takes place.&#xd;
2. File the grievance within three years upon awareness of the incident, in the case of the incident of power-abused sexual harassment, unless it has been more than seven years since the incident of sexual harassment takes place.&#xd;
The victim who is still a minor when the incident of sexual harassment takes place may file the grievance within three years after reaching adulthood. Notwithstanding, where any subparagraph of the preceding Paragraph provides a longer time limit, the subparagraph shall apply.&#xd;
The grievance referred to in the preceding two paragraphs may be filed in writing or verbally, in the following manners:&#xd;
1. If the offender works for any government agency (entity), troop or school at the time of grievance, the grievance shall be filed with the government agency (entity), troop or school;&#xd;
2. If the offender is a head of any government agency (entity), chief officer above the rank of colonel in any military agency (entity) and troop, president of any school, supreme responsible person of any institution, or employer at the time of grievance, the grievance shall be filed with the municipal and county (city) competent authorities where the government agency (entity), troop, school, institution or employer is situated; and&#xd;
3. If the offender is uncertain or any person other than those referred to in the preceding two subparagraphs at the time of grievance, the grievance shall be filed with the police agency situated within the jurisdiction where the incident of sexual harassment takes place.&#xd;
Where the grievance against an incident of sexual harassment is withdrawn or is considered withdrawn in accordance with Paragraph 5 of Article 21 herein, no further grievance may be filed against the same matter.&#xd;
In any of the following circumstances, the municipal and county (city) competent authorities may reject the grievance:&#xd;
1. If the concerned party files the complaint after the due date;&#xd;
2. If the grievance does not comply with the required forms and processes, and not corrected within the time limit as notified; and&#xd;
3. If a second appeal is filed against the same incident of sexual harassment after the grievance is withdrawn or considered withdrawn.&#xd;
Article 15&#xd;
The government agencies (entities), troops, schools, police agencies, and the municipal and county (city) competent authorities shall start investigating within seven days of receiving the grievance or arrival of the transferred case and also complete the investigation within two months. If necessary, the length of the investigation may be extended by another one month and concerned parties shall be informed.&#xd;
After the municipal and county (city) competent authorities accept the grievance against sexual harassment under the subparagraph 2 of Paragraph 3 of the preceding Article, the Committee convener shall assign three to five committee members to form an investigation team and address the case in accordance with the requirements referred to in the preceding paragraph. The female representatives in the investigation team shall be no less than one-half of the total team members, and one of them shall be elected as the team convener.&#xd;
The investigation on an incident of sexual harassment shall be based on the principle of objective, justice and professionalism and provide both parties with a chance to make statements and defend. The relevant case status shall be notified in a timely manner. Where it is necessary to question the concerned party, repeated questions shall be avoided.&#xd;
When the government agencies (entities), troops, schools and police agencies conduct the investigation under Paragraph 1 and the Committee conducts the investigation under Paragraph 2, they shall make an investigation report and propose suggestions to address the case, and transfer the documents to the municipal and county (city) competent authorities for resolution.&#xd;
Article 16&#xd;
Upon receipt of the investigation report and suggestions referred to in Paragraph 4 of the preceding Article, the municipal and county (city) competent authorities shall submit them to the Committee for review. If the Committee deems it necessary, it may form an investigation team pursuant to Paragraph 2 of the preceding Article to re-investigate the case for re-consideration.&#xd;
When an incident of sexual harassment is under investigation or a trial and the Committee deems it necessary, it may pass a resolution to stop the process before the procedure is concluded.&#xd;
After any grievance against sexual harassment is reviewed by the Committee, the municipal and county (city) competent authorities shall notify the investigation result to the complainant, offender, the agency that originally referred the case, and the affiliated unit of the offender defined in the subparagraph 2 of Paragraph 3 of Article 14 herein, via a written decision specifying the facts and reasons.&#xd;
For disagreement to the decision against the investigation result referred to in the preceding paragraph, the complainant and offender may file an administrative appeal against the decision pursuant to laws.&#xd;
Article 17&#xd;
When the government agencies (entities), troops, schools, police agencies, and he municipal and county (city) competent authorities are conducting the investigation, the offender and any person or unit invited to help the investigation shall work with them, provide related data and refrain from evading, interrupting or rejecting the investigation.&#xd;
Chapter 5 Mediation Procedure&#xd;
Article 18&#xd;
Either party directly involved in an incident of sexual harassment may apply to the municipal and county (city) competent authorities for mediation in either a written statement or verbally. Upon awareness of either party’s willingness to reach the mediation during the investigation on the incident of sexual harassment, the government agencies (entities), troops, schools and police agencies shall assist the party in filing with the municipal and county (city) competent authorities for mediation.&#xd;
Where the concerned party applies for mediation verbally, the municipal and county (city) competent authorities shall take record of statements. In the case of the application filed in writing, the copies shall be prepared according to the number of the opposing party to be served.&#xd;
During the mediation, the investigation procedure shall continue, unless the victim requests for suspension.&#xd;
Article 19&#xd;
The municipal and county (city) competent authorities shall select 1 to 3 scholars/experts with legal literacy and awareness toward gender equality to serve as mediators of the incident of sexual harassment, within ten days upon acceptance of the application for mediation.&#xd;
Within twenty days upon selection of the mediators referred to in the preceding Paragraph, the municipal and county (city) competent authorities shall decide the date of mediation, notify the concerned parties or their agents to be present at the site, and serve the duplicates of the written petitions or written statement to the opposing parties. Notwithstanding, an extension of 10 days may be granted upon either party’s request.&#xd;
Article 20&#xd;
The mediators shall proceed with the mediation in person and be prohibited from delegating others to act on their behalf.&#xd;
Subject to the case, the mediators may conduct any necessary investigation and ask related agencies for assistance, in order to conclude the mediation.&#xd;
For the mediation, except the verified fees for conducting the inspection the party shall pay, the parties may not be charged any other fees or remuneration under any other reasons.&#xd;
Article 21&#xd;
Where mediation is successfully sustained, the mediation agreement shall be made in writing, signed, sealed or fingerprinted by the concerned parties and present mediators.&#xd;
The mediation agreement referred to in the preceding paragraph shall record the following information:&#xd;
1. Names, dates of birth, addresses/registered addresses, and ID Nos. of the concerned parties or their legal representatives;&#xd;
2. Names of the present mediators;&#xd;
3. Causes of mediation;&#xd;
4. Contents of the sustained mediation;&#xd;
5. Date/month/year of the sustained mediation; and&#xd;
6. The agency which makes the decision and its head&#xd;
The municipal and county (city) competent authorities shall submit the mediation agreement and related data to the jurisdiction court for approval within 10 days after the mediation sustains. Upon approved by the court, except one duplicate thereof which shall be kept on file, the mediation agreement together with the mediation materials shall be remanded to the municipal and county (city) competent authorities and then served to the concerned party via the authorities.&#xd;
Where the court withholds approval due to the contents of the mediation being violated laws or regulations, contravening public order or good morals, or being impossible to execute the compulsory enforcement for some other reason, the court shall inform the municipal and county (city) competent authorities with the reasons.&#xd;
If a successful mediation is reached before the conclusion of the grievance case of sexual harassment is made and the intention of withdrawing the grievance, complaint, private prosecution or indictment of the party has been recorded in the mediation agreement, which is approved by the court, the grievance, complaint, criminal prosecution or private prosecution already filed shall be deemed as withdrawn, and the civil action already filed shall be considered concluded accordingly at the time when the successful mediation is reached. The plaintiff may claim refund of two-third of the court fees paid within 3 months from the day of the service of the mediation agreement approved by the court.&#xd;
Upon the court’s approval of the sustained conciliation, if any, the concerned party is not allowed to file a grievance, criminal prosecution, private prosecution or civil action against the same incident any longer.&#xd;
Article 22&#xd;
Where the concerned party fails to appear on the date of mediation without justified reasons, the mediation shall be presumed to have not been reached. Should the mediators consider that there is still a possibility to reach a mediation, they may reschedule the date of mediation separately.&#xd;
Where the mediation is not sustained, the municipal and county (city) competent authorities shall issue a certificate of the unsuccessful mediation immediately. Within 10 days upon service of the certificate of an unsuccessful mediation, the victim may apply to the municipal and county (city) competent authorities to transfer the mediation matter to the jurisdictional judicial agency. The effects are as follows respectively:&#xd;
1. If a grievance is already filed, the grieving procedure shall apply; otherwise, the grievance shall be deemed filed at the time of initiating the mediation;&#xd;
2. If the mediation matter is transferred to a civil court, the court fees for the first instance may be exempted temporarily; and&#xd;
3. Where the mediation matter involves the requirements under Paragraph 1 of Article 25 herein, the grievance shall be deemed filed at the time of the application for mediation after the case is transferred to the jurisdiction prosecutor for investigation.&#xd;
Article 23&#xd;
The civil mediation approved by the court shall have the same effect as a binding judgment rendered by the civil court. Regarding the criminal mediation under Paragraph 1 of Article 25 herein, for the monetary payment, other substitutes, or certain amount of securities as the object of the litigation, the mediation agreement may be a ground for execution.&#xd;
For a successful civil mediation approved by the court, but, which is later disapproved due to the grounds existing for nullifying or revoking the mediation, the concerned party may initiate an action for a nullification declaration to the mediation or for revoking the mediation in the approving court.&#xd;
For the preceding Paragraph, the concerned party shall initiate it within thirty days after the service of the mediation agreement approved by the court.&#xd;
The provision of Article 502 of the Code of Civil Procedure and the provision of Paragraph 2 of Article 18 of the Compulsory Enforcement Act shall apply mutatis mutandis to the case provided in Paragraph 2.&#xd;
Article 24&#xd;
The mediation proceeding may not be open to the public.&#xd;
The mediators and the mediation case handlers shall keep in confidence all of the information with regard to the mediation matter, except that the information has already been disclosed to the public.&#xd;
Chapter 6 Penalty&#xd;
Article 25&#xd;
A person who kisses, hugs or touches the bottom, breast, or other physical private parts of another person in such a way that he/she cannot immediately respond or resist shall be sentenced to imprisonment of no more than two years, or detention, or a fine, separately or jointly, of not more than NT$100,000. If the act is committed by means of the power or opportunity as stated in Paragraph 2 of Article 2, the person shall be subject to the punishment prescribed for such offense by increasing it up to one half.&#xd;
Prosecution for an offense specified in the above Paragraph may be instituted only upon complaint.&#xd;
Article 26&#xd;
Any broadcaster or any television company violating the prohibitions under Paragraph 1 of Article 10 herein shall be subject to a fine of not less than sixty thousand New Taiwan dollars (NT$60,000) and not more than six hundred thousand New Taiwan dollars (NT$600,000) imposed by the authority in charge of relevant enterprises and the competent authority shall order the violator to rectify the violation within a specified time limit. In the event the violator fails to rectify the violation within the required time limit, the competent authority may impose consecutive fines upon the violator for each and every violation until the violation is rectified.&#xd;
Except for those specified in the preceding Paragraph, in the event of violation of Paragraph 1 or Paragraph 3 of Article 10, authority in charge of relevant enterprises shall impose a fine on the person in charge and related offenders not less than sixty thousand New Taiwan dollars (NT$60,000) and not more than six hundred thousand New Taiwan dollars (NT$600,000), and may confiscate the items specified in Paragraph 1 of Article 10, or order them to remove the offending content, withdraw the items, or undertake other necessary measures within a specified period of time. Fines may be imposed consecutively in case of failure to comply with the orders when the specified period expires.&#xd;
In the case where the victim is deceased, the competent authority may opt not to impose a fine prescribed in (either of) the two preceding Paragraphs, if the authority in charge of relevant enterprises, after taking into account and balancing the benefits of maintenance of law and order, maintenance of peace of mind among the public, clarification of misleading information, prevention of problem escalation, as well as other public interests of the society, finds the reporting or disclosure in dispute necessary.&#xd;
Anyone who violates Paragraph 5 of Article 10 herein shall be subject to a fine between NT$60,000 and NT$600,000 imposed by the municipal and county (city) competent authorities.&#xd;
Anyone, other than those mentioned in Paragraph 1 or Paragraph 2 of this Article, who violates Paragraph 4 of Article 10 herein, without justification, shall be subject to a fine between NT$20,000 and NT$100,000 imposed by the municipal and county (city) competent authorities.&#xd;
If there is no person in charge of publicity material, a publication, an Internet source, or any other type of media, or if the person in charge (of the said publicity material, the said publication, the said Internet source, or the said other type of media) is not in a position to supervise the conduct of the responsible perpetrator, the fine prescribed in Paragraph 2 of this Article shall be imposed on the responsible perpetrator.&#xd;
Article 27&#xd;
A person who sexually harasses another person by abusing power shall be fined not less than NT$60,000 but not more than NT$600,000 by the municipal and county (city) competent authorities, after the grievance is found sustained through investigation.&#xd;
A person who sexually harasses another person in any manners other than abuse of power shall be fined not less than NT$10,000 but not more than NT$100,000 by the municipal and county (city) competent authorities, after the grievance is found sustained through investigation.&#xd;
The power to impose administrative penalty referred to in the preceding two paragraphs is expired upon the lapse of a period of three years since the victim files the grievance.&#xd;
Article 28&#xd;
A person who violates Paragraph 1 of Article 7 herein shall be fined not less than NT$20,000 but not more than NT$200,000 by the municipal and county (city) competent authorities and required to rectify the misconduct within specific time limit prescribed by the authorities. If the person fails to rectify his/her misconduct within said-noted time limit, said competent authorities may impose fines on the person consecutively per violation.&#xd;
Anyone who violates Paragraph 2 of Article 7 herein and thereby causes the victim’s interest and right to be impaired shall be subject to a fine between NT$20,000 and NT$200,000 imposed by the municipal or county (city) competent authorities.&#xd;
Article 29&#xd;
Any government agency (entity), troop, school, institution or employer that adopts any discriminative treatment in violation of Paragraph 1 of Article 9 herein shall be fined not less than NT$10,000 but not more than NT$100,000 by the municipal and county (city) competent authorities, and required to rectify the misconduct within specific time limit prescribed by the authorities. If it fails to rectify its misconduct within said-noted time limit, said competent authorities may impose fines on it consecutively per violation.&#xd;
Article 30&#xd;
Any person who evades, interrupts or rejects any investigation or refuses to provide information, without justified reasons, in violation of Article 17 herein, shall be fined not less than NT$10,000 but not more than NT$50,000 by the municipal and county (city) competent authorities, and may be fined consecutively per violation.&#xd;
Chapter 7 Supplementary Provisions&#xd;
Article 31&#xd;
The provisions of Articles 7 to 9, Articles 12 to 13, and Articles 28 to 29 herein can be applied to crimes of sexual assault.&#xd;
The administrative fines mentioned in the previous paragraph is imposed by the competent authorities concerned with sexual assault crime prevention.&#xd;
Article 32&#xd;
Any grievance against sexual harassment already accepted, and any re-appeal case that has not yet been concluded, before the enforcement of this provision as amended on July 31, 2023, and the incident of sexual harassment taking place before the enforcement of the amended provision and the grievance against which is accepted after the enforcement of the amended provision, shall be concluded pursuant to the provisions enforced after the amendment, provided that the effect of the pending procedure, if any, shall remain unaffected.&#xd;
Article 33&#xd;
The central competent authorities shall enact the Enforcement Rules for this Act.&#xd;
Article 34&#xd;
The provisions of the Act shall be enforced as of the date of promulgation, other than Paragraph 2 and Paragraph 3 of Article 7, Articles 14 to 24, Article 27, Paragraph 2 of Article 28, and Article 30 herein, which shall be enforced as of March 8, 2024.]]&gt;</summary><liaisonper/><liaisontel/><liaisonfax/><liaisonemail/><docs/><images/><videos/><audios/><resources><resources><relateURL>https://law.moj.gov.tw/ENG/LawClass/LawAll.aspx?pcode=D0050074</relateURL><relateName>Sexual Harassment Prevention Act</relateName></resources></resources></item><item><subject>&lt;![CDATA[Enforcement Rules of the Sexual Harassment Prevention Act]]&gt;</subject><dataClassName>Gender-related Events</dataClassName><pubUnitName>Office of Gender Equality Education</pubUnitName><posterDate>2024-03-06</posterDate><updateDate/><detailContent>&lt;![CDATA[]]&gt;</detailContent><summary>&lt;![CDATA[Article 1&#xd;
These enforcement rules are promulgated pursuant to Article 33 of the Sexual Harassment Prevention Act (hereinafter referred to as the Act).&#xd;
Article 2&#xd;
The determination of sexual harassment referred to in the Act shall be examined on a case-by-case basis to investigate the background and the environments of the incident, the concerned party’s relationships, speeches, conducts, perceptions, understandings, or other specific facts of the respondents.&#xd;
Article 3&#xd;
Government agencies, institutions, troops, schools, and police authorities or the competent authorities at the special municipality or city (county) level that receive a sexual harassment case under Gender Equity Education Act and the Gender Equality in Employment Act as mentioned in the proviso of Paragraph 2, Article 1 of the Act shall transfer the case to the competent authority within 20 days of receipt and notify the parties involved.&#xd;
Article 4&#xd;
The sexual assault crimes referred to in Article 2 of the Act shall mean the crimes prescribed in Subparagraph 1, Article 2 of the Sexual Assault Prevention Act.&#xd;
Article 5&#xd;
The Sexual Harassment Prevention Committee established under Article 6 of the Act shall meet at least once a quarter.&#xd;
If the convener cannot attend, the deputy convener or one of the attending members shall be elected to act as the convener.&#xd;
Article 6&#xd;
The investigators and the review or mediation committee members of the sexual harassment cases must be aware of gender equality.&#xd;
Article 7&#xd;
The investigation, review, and mediation of the sexual harassment incident shall not be open to public and shall protect the privacy and other rights of the concerned parties.&#xd;
Article 8&#xd;
The calculation of the number of the organization’s members, employees or personnel receiving the services referred to in Paragraph 1, Article 7 of the Act shall include branch offices and subsidiary units. The number calculated shall be based on the first working day of the month the victim files a grievance .&#xd;
The personnel receiving the services mentioned in the preceding Paragraph refer to those who receive services in government agencies (institutions), troops, schools, institutions, or employers’ places, and not the organization’s staff or employees.&#xd;
Article 9&#xd;
The unjustified discriminatory treatment referred to in Article 9 of the Act means dismissal, demotion, salary reduction, or damage to the rights and interests the victim entitled to under the law without justifiable reasons.&#xd;
Article 10&#xd;
The identifiable information of the victim referred to in Paragraph 1, Article 10 of the Act, includes, but not limited to, the victim’s photograph, video record, drawing, audio record, address, names of relatives or their relationships, school attended, class, workplace and job title, or any other information that can directly or indirectly identify the individual victim.&#xd;
Article 11&#xd;
The competent authority at the special municipality or city (county) level where the victim resides shall be responsible for providing the services specified in Article 11 of the Act, which include consultation, psychological counseling, legal assistance, social welfare resources, and other necessary services. The competent authority may work with relevant units to assist in a specific case if necessary.&#xd;
Article 12&#xd;
A sexual harassment grievance for an incident provided in Article 14 of the Act can be applied to the competent authority at the special municipality or city (county) level either in writing or verbally. For a grievance filed verbally, a record thereof shall be made by the personnel or the unit receiving the case and be read to the complainant or given to the complainant to review. Once the content of the record is confirmed accurate, the complainant is asked to sign or affix a seal.&#xd;
The grievance filed in writing or the record made from a verbal grievance (hereinafter collectively referred to as “the petition”) shall contain the following information:&#xd;
1. The complainant’s name, gender, date of birth, national ID number, service unit or school and position title, domicile or residence address and phone number;&#xd;
2. Where the complainant t has a statutory agent , the statutory agent’s name, gender, date of birth, national ID number, occupation, domicile or residence address, and phone number;&#xd;
3. Where the applicant has an attorney, the attorney’s name, gender, date of birth, national ID number, occupation, domicile or residence address, and phone number;&#xd;
4. Facts and pertinent evidence of the grievance;&#xd;
5. The time when the sexual harassment incident occurred and became known; and&#xd;
6. Year, month, and date of the grievance.&#xd;
The complainant must attach a power of attorney for Subparagraph 3 of the preceding Paragraph.&#xd;
Article 13&#xd;
The government agencies (institutions), troops, schools, police authorities, or the competent authorities at the special municipality or city (county) level (hereinafter collectively referred to as the “receiving unit”) that receive a sexual harassment grievance but do not have the authority to investigate shall, within 14 days of receiving the grievance, scrutinize and transfer the case to a receiving unit with the authority to investigate (hereinafter referred to as the “investigative unit”). If the investigative unit cannot be identified, the police authorities where the sexual harassment incident occurred shall investigate the grievance.&#xd;
The complainant and the competent authority at the special municipality or city (county) level shall be informed of the transfer in writing referred to in the preceding paragraph.&#xd;
Article 14&#xd;
If the petition does not meet the requirements of Article 12 but can be corrected, the receiving unit shall notify the complainant to correct it within 14 days.&#xd;
If the receiving unit determines that the sexual harassment case falls under one of the circumstances for non-acceptance as specified in Paragraph 5, Article 14 of the Act, it shall immediately transfer the case to the competent authority at the special municipality or city (county) level for a decision on whether or not to accept the case or to continue the investigation.&#xd;
If the competent authority at the special municipality or city (county) level determines that the investigation should be continued, it shall immediately transfer the case to the investigative unit for investigation under Paragraph 1, Article 15 of the Act.&#xd;
Article 15&#xd;
During the investigation, the investigators of the sexual harassment incident grievance shall be recused under any one of the following conditions:&#xd;
1. The investigator, his/her spouse, ex-spouse, relative by blood within the fourth degree of kinship, or relative by marriage within the third degree of kinship is or once was directly involved in the incident;&#xd;
2. The investigator, his/her spouse, or ex-spouse has the relationship in joint rights or joint obligations with the parties involved in the incident.;&#xd;
3. The investigator is or once was an agent or an assistant of the parties in the incident; and&#xd;
4. The investigator once was a witness or an expert witness of the incident.&#xd;
Under either of the following circumstances, the concerned parties may file a recusal application against the investigators of the sexual harassment incident grievance:&#xd;
1. Where such investigator has failed to recuse himself or herself voluntarily under any circumstances outlined in the preceding paragraph; and&#xd;
2. Based on any other specific facts, it is believed that the investigator involved may act in a partisan manner during the investigation.&#xd;
The application mentioned in the preceding paragraph shall include reasons and facts as well as appropriate explanations, so as to be submitted to the investigative unit. The person requested to recuse himself or herself may submit his or her personal written opinion in response to the request.&#xd;
The investigators requested to recuse himself or herself shall stop the investigation procedures before the application is rejected. In the case of emergency, the investigator shall take necessary measures.&#xd;
If the investigator has the circumstances provided in Paragraph 1 but did not recuse himself/herself and those directly involved also did not file a recusal application, the investigative unit shall order the investigator to be recused.&#xd;
The review or mediation committee of the competent authority at the special municipality or city (county) level shall recuse themselves in any of the circumstances mentioned in Paragraph 1.&#xd;
Article 16&#xd;
When investigating sexual harassment cases, government agencies (institutions), troops, schools, or the competent authority at the special municipality or city (county) level may request assistance from the police agency when necessary, according to Article 19 of the Administrative Procedure Act.&#xd;
Article 17&#xd;
If there is a power imbalance between those directly involved or witnesses, confrontation(s) shall be avoided.&#xd;
The investigator, when necessary, and without infringing the obligation of confidentiality, may produce a written document and provide it to the concerned parties to read or have them informed of the summary.&#xd;
Article 18&#xd;
The investigation report and handling recommendations prepared by the investigative unit according to the Act shall include the following matters:&#xd;
1. Causes of the sexual harassment incident, including the statements of the parties involved;&#xd;
2. Records of the investigation and interview process, including the date and interviewees;&#xd;
3. Statements and answer s of the complainant, witnesses, relevant persons, and the respondent.&#xd;
4. Examination of relevant evidence; and&#xd;
5. Results of the investigation and handling recommendations for the sexual harassment incident.&#xd;
Article 19&#xd;
If the competent authority at the special municipality or city (county) level receives the sexual harassment incident investigation report and handling recommendations, along with relevant documents and materials, and determine that there is a need for correction, they shall notify the investigative unit responsible for the case to make the correction.&#xd;
The investigative unit referred to in the preceding paragraph shall make the correction within 14 days of receiving the notice.&#xd;
Article 20&#xd;
The following circumstances are considered “necessary to re-investigate” as defined in Paragraph 1, Article 16 of the Act:&#xd;
1. There are significant flaws in the investigation procedure;&#xd;
2. New evidence or facts that can affect the original investigation findings; and&#xd;
3. Other reasons that the Sexual Harassment Prevention Committee deems necessary for a re-investigation.&#xd;
The re-investigation referred to in the preceding paragraph shall be completed within two months. If necessary, the length of the investigation may be extended by another one month, and the concerned parties must be informed.&#xd;
Article 21&#xd;
If the perpetrator evades, obstructs, or refuses to provide information without justified reasons, the government agencies (institutions), troops, schools, or police authorities shall notify the competent authority at the special municipality or city (county) level to handle the matter according to Article 30 of the Act.&#xd;
Article 22&#xd;
Mediators shall not use rape, coercion, intimidation, or fraud to conduct mediation, prevent prosecution, complaints, or private prosecutions, or engage in any other criminal behavior.&#xd;
Article 23&#xd;
During the mediation process applied according to Article 18 of the Act, the competent authority at the special municipality or city (county) level shall notify the investigative unit to suspend the investigation at the victim’s request.&#xd;
Article 24&#xd;
The competent regulatory authorities referred to in Article 26 of the Act are defined as follows:&#xd;
1. Broadcasting and television businesses: National Communications Commission; and&#xd;
2. Promotional materials, publications, the Internet, or other media: The competent authority at the special municipality or county (city) level where the victim resides.&#xd;
Article 25&#xd;
The competent authority at the special municipality or city (county) level referred to in Chapter 6 of the Act is defined as follows:&#xd;
1. Paragraphs 4 and 5 of Article 26 of the Act: The competent authority at the special municipality or city (county) level where the victim resides;&#xd;
2. Articles 27, 29, and 30 of the Act: The competent authority at the special municipality or city (county) level where the investigative unit of the sexual harassment incident is located; and&#xd;
3. Article 28 of the Act: The competent authority at the municipality and county (city) level where the government agencies (institutions), troops, schools, institutions, or employers are located.&#xd;
Article 26&#xd;
The enforcement rules shall be implemented on the date of promulgation.]]&gt;</summary><liaisonper/><liaisontel/><liaisonfax/><liaisonemail/><docs/><images/><videos/><audios/><resources><resources><relateURL>https://law.moj.gov.tw/ENG/LawClass/LawAll.aspx?pcode=D0050135</relateURL><relateName>Enforcement Rules of the Sexual Harassment Prevention Act</relateName></resources></resources></item><item><subject>&lt;![CDATA[Regulations of Sexual Harassment Prevention]]&gt;</subject><dataClassName>Gender-related Events</dataClassName><pubUnitName>Office of Gender Equality Education</pubUnitName><posterDate>2024-03-06</posterDate><updateDate/><detailContent>&lt;![CDATA[]]&gt;</detailContent><summary>&lt;![CDATA[Article 1&#xd;
These regulations are promulgated pursuant to Paragraph 4 of Article 7 of the Sexual Harassment Prevention Act (hereinafter referred to as the Act).&#xd;
Article 2&#xd;
The patterns of sexual harassment mentioned in Paragraph 4, Article 7 of the Act are defined as verbal, physical or visual harassment related to sex or gender that is against the will of others and unwelcome, or the use of technological devices or exerting power, coercion, threats, or intimidation to make sexual connotations or demands, including the following situations:&#xd;
1. Words or actions that are humiliating, derogatory, hostile, or harassing;&#xd;
2. Stalking, observing, or unwelcome pursuit;&#xd;
3. Peeping or sneaking pictures;&#xd;
4. Exposing private parts of the body;&#xd;
5. Using telephones, faxes, electronic communication, Internet, or other devices to display, transmit, or distribute obscene texts, sounds, images, photos, or videos;&#xd;
6. Taking advantage of someone’s inability to resist kissing, hugging, or touching their buttocks, chest, or other private body parts; and&#xd;
7. Other behaviors similar to the preceding 6 subparagraphs.&#xd;
Article 3&#xd;
The government agencies (institutions), troops, schools, institutions, or employers (hereinafter collectively referred to as institutions) shall adopt appropriate preventions, corrections, disciplinary punishments, and other measures to prevent sexual harassment and effectively protect the parties’ privacy.&#xd;
Article 4&#xd;
The institutions shall regularly review the space and facilities of their public areas and publicly accessible places to prevent sexual harassment from occurring.&#xd;
Article 5&#xd;
Upon learning of sexual harassment incidents occurring in their public areas or publicly accessible places, the institutions may take the following measures:&#xd;
1. Respect the victim’s wills and reduce the possibility for the concerned parties to interact with each other;&#xd;
2. Prevent retaliation;&#xd;
3. Prevent the perpetrator from the recurrence of sexual harassment; and&#xd;
4. Take other measures deemed necessary.&#xd;
Article 6&#xd;
The institutions are required, according to Subparagraph 1, Paragraph 1, Article 7 of the Act, to establish an access to sexual harassment grievance system/procedure , including, dedicated hotlines, fax numbers, mailboxes, or email addresses, as well as specify processing procedures and designate responsible personnel or units for handling such incidents.&#xd;
Article 7&#xd;
The institutions are required, according to Subparagraph 2, Paragraph 1, Article 7 of the Act, to formulate measures of sexual harassment prevention, including:&#xd;
1. Policy declaration and regulations of sexual harassment prevention;&#xd;
2. Coordination and handling of sexual harassment incidents;&#xd;
3. Protection of victim’s privacy;&#xd;
4. Penalty regulations for perpetrators; and&#xd;
5. Other preventative measures to sexual harassment.&#xd;
Article 8&#xd;
The content of the educational training stipulated in Article 8 of the Act is as follows:&#xd;
1. For the employees of the institutions:&#xd;
(1) Knowledge and professional competence of gender equality;&#xd;
(2) Basic concepts, laws, and prevention of sexual harassment;&#xd;
(3) The process and methods of sexual harassment grievance; and&#xd;
(4) Other education related to sexual harassment prevention.&#xd;
2. For the personnel of the institutions that handle sexual harassment incidents or have management responsibility:&#xd;
(1) Understand the Gender Equity Education Act, the Gender Equality in Employment Act and the Act, as well as how to handle the incidents;&#xd;
(2) Awareness and identification of power differentials;&#xd;
(3) Effective corrections and remedial measures for the sexual harassment incidents;&#xd;
(4) Victim assistance and rights protection matters; and&#xd;
(5) Other education related to sexual harassment prevention.&#xd;
The institutions shall grant the personnel joining the educational training mentioned in the preceding paragraph official leave and subsidies.&#xd;
Article 9&#xd;
For government agencies (institutions), troops, and schools with more than 30 organizational members or employees, a grievance processing and investigative unit should be established to handle and investigate the sexual harassment incident.&#xd;
The number of female members may not be less than 1/2 if there are more than two people in the unit mentioned in the preceding paragraph. The investigative unit may also recruit experts or scholars to be its members if necessary.&#xd;
Article 10&#xd;
The institutions assisting in the investigation of the sexual harassment incidents shall cope with the matters in secret and protect the privacy and other rights of the parties involved.&#xd;
Article 11&#xd;
While investigating the sexual harassment incident, the investigative unit may notify the concerned parties and the relevant parties to provide an explanation in person, and also invite people with related knowledge and experience to assist.&#xd;
Article 12&#xd;
If the investigation shows that the act of sexual harassment is proven to be true, the government agency (institution), troops, or school to which the perpetrator belongs must impose appropriate disciplinary action or punishment on the perpetrator according to the seriousness of the case and adopt follow-up, evaluation, and supervision to prevent the recurrence of sexual harassment or the occurrence of retaliation.&#xd;
Article 13&#xd;
The provisions of Article 3; Subparagraphs 1, 3, 4, 5 of Article 7; and Article 8 are applicable to sexual assault crimes.&#xd;
Article 14&#xd;
The Regulations herein shall be implemented on the date of promulgation.]]&gt;</summary><liaisonper/><liaisontel/><liaisonfax/><liaisonemail/><docs/><images/><videos/><audios/><resources><resources><relateURL>https://law.moj.gov.tw/ENG/LawClass/LawAll.aspx?pcode=D0050136</relateURL><relateName>Regulations of Sexual Harassment Prevention</relateName></resources></resources></item><item><subject>&lt;![CDATA[Sexual Assault Crime Prevention Act]]&gt;</subject><dataClassName>Gender-related Events</dataClassName><pubUnitName>Office of Gender Equality Education</pubUnitName><posterDate>2023-02-15</posterDate><updateDate/><detailContent>&lt;![CDATA[]]&gt;</detailContent><summary>&lt;![CDATA[Chapter 1 General Provisions&#xd;
Article 1&#xd;
The Sexual Assault Crime Prevention Act (the “Act”) is enacted for the purpose of preventing sexual assault crimes and protecting the rights and interests of Victims.&#xd;
Article 2&#xd;
Definitions of the terms used in the Act are as follows:&#xd;
1. “Sexual Assault Crime” refers to an offense (committed) in violation of any of Articles 221 to 227, Article 228, Article 229, Subparagraph 2 of Paragraph 2 of Article 332, Subparagraph 2 of Paragraph 2 of Article 334, or Subparagraph 1 of Paragraph 2 of Article 348 of the Criminal Code, or any other special laws of the Criminal Code;&#xd;
2. “Offender” refers to a person convicted guilty, by a final judgment, of committing any of the offenses referred to in the preceding Subparagraph;&#xd;
3. “Victim” refers to a person who is, or who is suspected of being, sexually assaulted; and&#xd;
4. “Specialist” refers to a person with expertise (developed from or through professional knowledge, skills, experience, training, or education) who provides assistance in the interrogation (examination) of a child or a mentally disabled person involved in a sexual assault case.&#xd;
Article 3&#xd;
The competent authorities referred to in the Act are the Ministry of Health and Welfare at the central level, municipal governments at the municipal level, and county (city) governments at the county (city) level.&#xd;
Article 4&#xd;
The duties and responsibilities of the competent authorities and the competent regulatory authorities specified in the Act are as follows:&#xd;
1. the competent authorities for the administration of social affairs: protection and assistance to Victims, regular publication of statistics related to sexual assaults, and other relevant matters;&#xd;
2. the competent authorities for the administration of health affairs: medical examinations, collection of evidence, and physical and psychological treatment for Victims; physical and psychological treatment, counseling, and education for Offenders; and other relevant matters;&#xd;
3. the competent authorities for the administration of education-related affairs: sexual assault prevention education at every school level (including the preschool level), protection of the right to education of Victims and their children, and other relevant matters;&#xd;
4. the competent authorities for the administration of labor affairs: vocational training and employment services for Victims, protection of labor rights and interests of Victims, and other relevant matters;&#xd;
5. the competent authorities for the administration of police administrative affairs: protection of personal safety of Victims; investigation of and compilation of statistics related to Sexual Assault Crimes; registration of Offenders, reporting of Offenders, visiting Offenders, access to records of Offenders; and other relevant matters;&#xd;
6. the competent authorities for the administration of legal affairs and law enforcement: investigation of Sexual Assault Crimes, corrective measures and medical treatment for Offenders during imprisonment, and other relevant matters;&#xd;
7. the competent authorities for the administration of immigration affairs: assistance to Victims who are nationals without registered permanent residence in the Taiwan Area, foreign nationals, stateless persons, people of the Mainland China Area, or residents of Hong Kong or Macao, that have overstayed in the Taiwan Area as a result of being sexually assaulted, in protecting their rights and interests to visit or reside in Taiwan, as well as their follow-up repatriation; and assistance in the follow-up deportation and other relevant matters of Offenders who are nationals without registered permanent residence in the Taiwan Area, stateless persons, foreign nationals, people of the Mainland China Area, or residents of Hong Kong or Macao;&#xd;
8. the competent authorities for the administration of cultural affairs: handling of publications in violation of the Act and other relevant matters;&#xd;
9. the competent authorities for the regulation of telecommunications and broadcasting services: handling any violation of the Act by any broadcaster, any television (company), or any other media regulated and supervised by the competent authorities in accordance with the law, and other relevant matters;&#xd;
10. the competent authorities for the administration of household registration: provision of personal identification data and household registration records of Victims as well as their underage children, and other relevant matters; and&#xd;
11. other sexual assault prevention measures shall be carried out by the relevant competent regulatory authorities in accordance with their respective duties and responsibilities.&#xd;
Article 5&#xd;
The central competent authority is responsible for the following:&#xd;
1. planning, promotion, oversight, and establishment and formulation of sexual assault prevention policies and related regulations;&#xd;
2. oversight of the implementation of sexual assault prevention endeavors;&#xd;
3. coordination of governments of all levels in establishing procedures dealing with sexual assault cases, prevention measures against sexual assault, and corresponding medical networks;&#xd;
4. promotion and education on the prevention of sexual assault;&#xd;
5. building, collection, statistics compilation, and management of data of individual Victims and data of physical and psychological treatment, counseling, and education of Offenders; and&#xd;
6. any other matters relating to the prevention of sexual assault.&#xd;
When carrying out the matters referred to in the preceding Paragraph, the central competent authority shall select and recruit (or appoint) scholars, experts, representatives of non-governmental organizations, and representatives of relevant government agencies for consultation. The number of scholars, experts, and representatives of non-government organizations shall not be less than one-half of the total number of all people mentioned above. Any gender of all people mentioned above shall not be less than two-fifths of the total number of all people mentioned above.&#xd;
Regulations governing the scope, sources, management, and use of, as well as any other relevant matters in connection with, the data referred to in the Subparagraph 5 of Paragraph 1 of this Article shall be formulated by the central competent authority.&#xd;
Article 6&#xd;
The competent authorities of special municipalities and counties (cities) shall integrate the operation and manpower of their agencies for the administration of affairs of police, education, health, social, labor, news, household registration, and other related agencies to establish sexual assault prevention centers, and shall coordinate relevant agencies to handle the following:&#xd;
1. providing a twenty-four (24)-hour hotline service;&#xd;
2. providing Victims with a twenty-four (24)-hour emergency rescue service;&#xd;
3. assisting Victims in obtaining medical treatment, taking medical examinations, and collecting evidence;&#xd;
4. assisting Victims in obtaining psychological treatment, counseling, emergency placement, and legal consultations and services;&#xd;
5. coordinating medical institutions and facilities to set up medical teams designated to deal with sexual assault cases;&#xd;
6. offering Offenders physical and psychological treatment, counseling, and education;&#xd;
7. the registration of Offenders, reporting of Offenders, visiting Offenders, and access to records of Offenders;&#xd;
8. referring Offenders to take rehabilitation counseling;&#xd;
9. promoting sexual assault prevention education, training, and advocacy.&#xd;
10. convening cross-network conferences on the prevention of recidivism of Offenders.&#xd;
11. handling other matters related to the prevention and protection against sexual assault.&#xd;
The sexual assault prevention centers mentioned in the preceding Paragraph may be merged with domestic violence prevention centers and shall be staffed with social workers, police, medical teams, and other professionals. The organization of the abovementioned center shall be arranged by the competent authority of the respective special municipality or of the respective county (city).&#xd;
Article 7&#xd;
Articles 31, 33, 34, 35, 42, and 43 of this Act apply mutatis mutandis to one who is convicted guilty, by a final judgment, of committing an offense prescribed in Paragraph 1 of Article 25 of the Sexual Harassment Prevention Act, or Paragraph 1 of Article 319-2 of the Criminal Code.&#xd;
Articles 8, 9, 12, 13, 15, 16, and 18 to 28 of this Act apply mutatis mutandis to one who commits an offense prescribed in Articles 319-1, 319-2, 319-3, or 319-4 of the Criminal Code.&#xd;
Articles 8, 9, 12, 15, 16, and 18 to 28 of this Act apply mutatis mutandis to one who commits an offense prescribed in Articles 304, 305, or 346 of the Criminal Code by means of sexually explicit images or images of a sexual nature prescribed in Articles 319-1, 319-2, or 319-3 of the Criminal Code.&#xd;
Chapter 2 Prevention and Reporting&#xd;
Article 8&#xd;
Within the scope of their duties and responsibilities, the competent authorities and the competent regulatory authorities shall, taking into account the call for the prevention of sexual assault and the recognition of diverse cultural differences, take the initiative to plan for the prevention, promotion, education, and other necessary measures (against sexual assault), and shall fully collaborate with other relevant agencies in any prevention operations (against sexual assault) engaging other relevant agencies.&#xd;
Article 9&#xd;
All schools at the senior secondary education level or other lower levels shall hold at least two (2) hours of courses on the prevention of sexual assault each semester.&#xd;
The sexual assault prevention courses referred to in the preceding Paragraph shall teach students the following:&#xd;
1. respect for the sexual autonomy of others;&#xd;
2. awareness of sexual assault crimes;&#xd;
3. how to deal with sexual assaults;&#xd;
4. techniques to prevent sexual assaults; and&#xd;
5. other education related to the prevention of sexual assaults.&#xd;
Preschools shall hold courses on the education and promotion regarding the prevention of sexual assault.&#xd;
Agencies, troops, schools, institutions, or employers with more than thirty (30) members, employees, or service personnel shall regularly conduct, or encourage their affiliated personnel to attend, training on the prevention of Sexual Assault Crimes.&#xd;
Article 10&#xd;
Courts, prosecutors offices, judicial police agencies, and medical institutions shall allocate specially trained officers designated to handle sexual assault cases.&#xd;
The specially trained, designated officers referred to in the preceding Paragraph shall take at least six (6) hours of training courses on the prevention of sexual assault each year.&#xd;
The agencies specified in Paragraph 1 of this Article shall duly provide education and training to enrich the competence and expertise of judicial police, judicial police officers, prosecutor’s investigators, prosecutors, or judges who investigate or try sexual assault cases involving children or persons with mental disabilities. The abovementioned education and training shall include courses on how to interrogate (examine) children or persons with mental disabilities involved in such cases.&#xd;
The medical institutions referred to in Paragraph 1 of this Article shall be designated by the central competent authority and shall establish medical teams that handle sexual assault cases.&#xd;
Article 11&#xd;
Medical workers, social workers, educational workers, nursing personnel, preschool educators, police officers, labor administration staff, judicial officers, immigration officers, officers of corrective institutions, and village (township) officers who become aware of any circumstances suspected to be any Sexual Assault Crime while performing their duties shall report such circumstances to the competent local authority of the respective special municipality or county (city) within twenty-four (24) hours following their awareness of such circumstances.&#xd;
Unless the law provides otherwise, the content of the report, the name and address of the reporter, and any information sufficient to identify the said reporter, as referred to in the preceding Paragraph, shall be kept confidential.&#xd;
Upon receiving a report described in Paragraph 1 of this Article, the competent authority of the special municipality or county (city) shall immediately send personnel to assess the needs of a Victim (or Victims) and provide (the said Victim(s) with appropriate) services.&#xd;
Article 12&#xd;
When the competent authority of a special municipality or county (city) receiving a report described in Paragraph 1 of the preceding Article learns that the actor(s) is (or are) a child (or children) or a teenager (or teenagers), the said competent authority should, pursuant to relevant laws and regulations, refer the said actor(s) to the respective competent authorities for (obtaining) education, psychological therapy or counseling, legal counseling, or other services.&#xd;
Article 13&#xd;
An internet platform provider, an internet application service provider, or an internet access service provider, who learns of any circumstances suspected to be any Sexual Assault Crime from any Internet content protection agencies, competent authorities, police agencies, or other agencies, shall spontaneously restrict the browsing of, or remove, webpage materials related to any such crimes.&#xd;
The crime-related webpage materials referred to in the preceding Paragraph, as well as the personal data and Internet usage records of any suspect, shall be kept for one hundred eighty (180) days and shall be provided to judicial and police agencies for investigations.&#xd;
Chapter 3 Victim Protection&#xd;
Article 14&#xd;
Medical institutions may not, without justification, refuse to provide medical treatment or issue a medical certificate of diagnosis to a Victim.&#xd;
When providing diagnosis and medical treatment to a Victim, a medical institution shall arrange nursing staff to accompany the said Victim, protect the privacy of the said Victim, and provide a safe and appropriate medical environment.&#xd;
The format of a medical certificate of diagnosis referred to in Paragraph 1 of this Article shall be formulated by the central competent authority.&#xd;
Article 15&#xd;
Unless the law provides otherwise, one shall keep confidential the name, date of birth, residential address, or any other personally identifiable information of a Victim, known to him or in his possession by reason of his office or employment.&#xd;
The police shall take measures to protect the safety of Victims when necessary.&#xd;
Documents made known to the public by administrative agencies or judicial agencies may not reveal the name, date of birth, residential address, or any other personally identifiable information of a Victim.&#xd;
Article 16&#xd;
No (entity or organization of any) publicity materials, publications, broadcast, television, Internet source, or any other types of media, may report or cover the name or any other personally identifiable information of a Victim. However, the aforesaid does not apply to any of the following circumstances:&#xd;
1. a grown-up Victim has consented to the report or covering of his personally identifiable information. However, if a Victim is mentally disabled or has been placed under custodianship or guardianship, the information shall be provided (to the said Victim during the process of obtaining the consent of the said Victim to the report or covering of personally identifiable information of the said Victim) in a manner understandable to the said Victim. Moreover, the report or covering of personally identifiable information of a Victim who has been placed under custodianship requires the consent of the said Victim’s custodian (to the said disclosure); or&#xd;
2. a competent prosecutor or a competent court finds the disclosure of personally identifiable information of a Victim necessary according to the laws.&#xd;
When giving his consent, a custodian referred to in the proviso of Subparagraph 1 of the preceding Paragraph shall respect the wish(es) of the Victim who has been placed under custodianship.&#xd;
When a custodian referred to in the proviso of Subparagraph 1 of Paragraph 1 of this Article is a suspect or a defendant of a Sexual Assault Crime, the name or any other personally identifiable information of a Victim may not be reported or recorded.&#xd;
Any person other than those referred to in Paragraph 1 of this Article may not, through the media or other means, reveal to the public or disclose the name or any other personally identifiable information of a Victim.&#xd;
Article 17&#xd;
Unless the Code of Criminal Procedure provides otherwise or a Victim is unconscious or unable to give his consent, a medical examination on and collection of evidence from a Victim shall be conducted only with the consent of the said Victim and in accordance with any of the following:&#xd;
1. if a Victim is mentally disabled or has been placed under custodianship or guardianship, the information shall be provided (to the said Victim during the process of obtaining the consent of the said Victim to the conduction of a medical examination on or collection of evidence from the said Victim) in a manner understandable to the said Victim. Moreover, a medical examination on, and collection of evidence from, a Victim who has been placed under custodianship requires the consent of the custodian of the said Victim; or&#xd;
2. a medical examination on, and collection of evidence from, a Victim under twelve years old requires the consent of the guardian(s) of the said Victim.&#xd;
When giving his consent, a custodian referred to in Subparagraph 1 of the preceding Paragraph shall respect the wish(es) of the Victim who has been placed under custodianship.&#xd;
When giving his consent, a guardian referred to in Subparagraph 2 of Paragraph 1 of this Article shall consider the best interest of the child concerned as a priority and weigh the said child’s opinion according to the mental maturity of the said child.&#xd;
A medical examination and collection of evidence may nonetheless be conducted when a custodian or a guardian referred to in Subparagraph 1, or Subparagraph 2, of Paragraph 1 of this Article is unknown, hard to reach, or a suspect of a Sexual Assault Crime.&#xd;
Any evidence collected pursuant to Paragraph 1 of this Article shall be placed in an evidence bag, and the judicial police agency shall immediately deliver the said evidence to the National Police Agency of the Ministry of the Interior for forensic examination. The forensic report shall be properly preserved in accordance with the law.&#xd;
Prior to the institution of a complaint, or the filing of a private prosecution, by a Victim against a Sexual Assault Crime requiring the institution of a complaint by a Victim, the judicial police agency shall deliver the evidence (related to the said Sexual Assault Crime) to the competent authority of the special municipality or county (city), where the said Sexual Assault Crime took place, for the safekeeping of the said evidence. Except that the suspect (of the said Sexual Assault Crime) remains unknown, the competent authority keeping the aforesaid evidence may destroy the said evidence after keeping the said evidence for six (6) months.&#xd;
Article 18&#xd;
A guardian, spouse, lineal or collateral consanguinity within the third degree of kinship, parent, family member, physician, psychiatrist, counselor, or social worker of a Victim, or anyone whom a Victim trusts, may accompany the said Victim during an investigation or a trial, and the accompanying companion may state his or her opinion.&#xd;
The preceding Paragraph does not apply to an eligible accompanying companion referred to in the preceding Paragraph if the said accompanying companion is a suspect or a defendant of a Sexual Assault Crime or if a prosecutor, a prosecutor’s investigator, a judicial police officer, or a judicial policeman believes that the presence of the said accompanying companion will obstruct the investigation process.&#xd;
Unless it is clearly unnecessary, the competent authority of the responsible special municipality or county (city) shall appoint a social worker to be present and accompany a child or juvenile Victim during an investigation or a trial, and the appointed social worker may state his or her opinion.&#xd;
Article 19&#xd;
During an investigation or a trial, a Specialist must be present and assist in an interrogation (examination) of a child or mentally disabled Victim when a judicial policeman, a judicial police officer, a prosecutor’s investigator, a prosecutor, or a judge finds it necessary.&#xd;
A Specialist referred to in the preceding Paragraph shall, prior to the beginning of the interrogation (examination) of a child or mentally disabled Victim, evaluate the communication ability and needs of the said Victim, and offer an explanation about the result of his or her assessment, as well as his or her corresponding suggestions, to the responsible judicial police, judicial police officer, prosecutor’s investigator, prosecutor, or judge (conducting an investigation of or presiding at the trial for the said Sexual Assault Crime).&#xd;
When providing assistance in an interrogation (examination) of a Victim in accordance with Paragraph 1 of this Article, a Specialist may offer proper suggestions if a question raised by a judicial policeman, a judicial police officer, a prosecutor’s investigator, a prosecutor, a judge, a defendant, or a defense counsel of a defendant is inappropriate or could not be properly answered by the said Victim. A Specialist may, when necessary, and with the permission of the responsible judicial police, judicial police officer, prosecutor’s investigator, or prosecutor in an investigation, or with the permission of a judge presiding at the trial, interrogate a Victim directly.&#xd;
A judicial policeman, a judicial police officer, a prosecutor’s investigator, a prosecutor, a judge, a defendant, or a defense counsel of a defendant, may use a one-way mirror, audio-visual transmission technical equipment, or other appropriate isolation measures to facilitate the assistance provided by a Specialist in an interrogation (examination) of a child or mentally disabled Victim.&#xd;
The entire process of an assessment of and that of an interrogation of a child or mentally disabled Victim directly conducted by a Specialist during an investigation or a trial shall be audio-recorded and video-recorded.&#xd;
Article 20&#xd;
The provisions prescribed in Sections 2 and 3 of Chapter 12 of the Code of Criminal Procedure shall apply mutatis mutandis to the matters conducted by a Specialist when the said Specialist provides assistance in an interrogation (examination) of a child or mentally disabled Victim in accordance with the preceding Article.&#xd;
Regulations governing the qualification(s) of, criteria for, remuneration payment(s) to, ways to offer an explanation or a suggestion, and other matters related to a Specialist referred to in the preceding Article shall be formulated by the central competent authority after consulting relevant agencies.&#xd;
Article 21&#xd;
The two preceding Articles shall apply mutatis mutandis to a child or mentally disabled Victim in a juvenile protection matter or a juvenile criminal case.&#xd;
Article 22&#xd;
In addition to the application of relevant provisions prescribed in the Code of Criminal Procedure or the Juvenile Justice Act, Article 19 of this Act may, if necessary, apply mutatis mutandis when a suspect, a defendant, or a juvenile in a juvenile protection matter, is mentally disabled.&#xd;
Article 23&#xd;
An examination or questioning of a Victim by a court may, upon petition or sua sponte, be conducted outside the court, via audio or video transmission technical equipment, or via any other appropriate isolation measures, so as to separate a Victim from a defendant or a judge.&#xd;
A court shall adopt the isolation approach prescribed in the preceding Paragraph when a child Victim, a juvenile Victim, a mentally disabled Victim, or a physically or psychologically injured Victim is unable to make a free or complete statement during a face-to-face questioning in court.&#xd;
A court may conduct an examination of a Victim instead when a party, or a defense counsel of a defendant, is forbidden from questioning a Victim because the said party, or the said defense counsel, inappropriately questioned the said Victim.&#xd;
Neither a defendant nor his defense counsel may raise any question about, or present, any evidence of a Victim’s sexual experience with any person other than the said defendant, unless the court finds it necessary.&#xd;
Article 24&#xd;
During an investigation or a trial, the prosecution or the court may, sua sponte or upon petition, appoint or choose an expert witness from a relevant professional field to provide his professional opinion. The opinion provided by the aforesaid appointed or chosen expert witness summoned to be present in court may be admitted as evidence for the trial, and Articles 163 to 171, Article 175, and Article 199 of the Code of Criminal Procedure apply mutatis mutandis.&#xd;
Article 25&#xd;
A court shall immediately take action to stop any statement or action by a defendant or his defense counsel during the trial that implies any sexual discrimination against a Victim.&#xd;
Article 26&#xd;
A statement made by a Victim to a prosecutor’s investigator, a judicial police officer, or a judicial policeman during an investigation, which has been proven to be plausible and is necessary for establishing the facts relevant for the determination of guilt (or innocence), may be admitted as evidence for a trial, if any of the following occurs or applies to a Victim during the trial:&#xd;
1. a Victim is unable to make a statement due to the physical or psychological trauma suffered by the said Victim as a result of sexual assault;&#xd;
2. a Victim is unable to or refuses to make a statement during the examination or questioning at the trial due to physical or psychological pressure; or&#xd;
3. a statement made during an interrogation (examination) conducted in accordance with Article 19 of this Act.&#xd;
A statement made by a Victim during an interrogation directly conducted by a Specialist, in an investigation process, in accordance with the latter part of Paragraph 3 of Article 19 of this Act, may be admitted as evidence, except that the statement made by a Victim is clearly implausible.&#xd;
Article 27&#xd;
A trial for a Sexual Assault Crime is not open to the public. However, a trial for a Sexual Assault Crime may be made public on condition that a Victim of the said Sexual Assault Crime is an adult and making the said trial public has been consented to by the said Victim and is found necessary by the court.&#xd;
If a Victim referred to in the preceding Paragraph is mentally disabled or has been placed under custodianship or guardianship, the information shall be provided (to the said Victim during the process of obtaining the consent of the said Victim to make the abovementioned trial public) in a manner understandable to the said Victim. Moreover, making the abovementioned trial public requires the consent of the custodian of a Victim if the said Victim has been placed under custodianship. When giving his consent, the abovementioned custodian shall respect the wish(es) of the Victim who has been placed under custodianship.&#xd;
When a custodian referred to in Paragraph 2 of this Article is a defendant of the said Sexual Assault Crime, the trial for the said Sexual Assault Crime shall not be made public.&#xd;
Article 28&#xd;
Upon application of a Victim, the competent authority of the special municipality or county (city) shall provide the following subsidies:&#xd;
1. fees for medical treatment, medical examination, or collection of evidence, any of which is not covered by National Health Insurance, as well as fees for psychological recovery;&#xd;
2. litigation fees and lawyer’s fees; and&#xd;
3. other costs.&#xd;
Self-government ordinances and regulations governing the candidates entitled to, criteria for, the amount of, and other matters related to the abovementioned subsidies, referred to in the preceding Paragraph, shall be formulated by the competent authorities of the responsible special municipality or county (city).&#xd;
Chapter 4 Offender Treatment&#xd;
Article 29&#xd;
An Offender shall endure, and may not reject, the taking of his photos, the collection of his fingerprints, and the sampling of his deoxyribonucleic acid (DNA) conducted by a judicial police agency.&#xd;
The central competent authority for the administration of police administrative affairs shall set up archives archiving the photographs, fingerprints, records of deoxyribonucleic acid (DNA) samples, and basic personally identifiable information of Offenders.&#xd;
The content of the archives referred to in the preceding Paragraph shall be kept confidential and shall not be revealed, unless the law provides otherwise.&#xd;
Regulations governing the taking of photographs, collection of fingerprints, and sampling of deoxyribonucleic acid (DNA) referred to in Paragraph 1 of this Article, as well as the content, management, and other relevant matters of the data referred to in Paragraph 2 of this Article, shall be formulated by the central competent authority for the administration of police administrative affairs.&#xd;
Article 30&#xd;
To prevent Sexual Assault Crimes committed across borders, the central competent regulatory authority may, when necessary, provide the personally identifiable information of an Offender to other countries in accordance with relevant laws, treaties, protocols, or agreements.&#xd;
Article 31&#xd;
The competent authority of the responsible special municipality or county (city) shall order an Offender to take physical and psychological treatment, counseling, or education, if any of the following occurs to an Offender, and an assessment of the said Offender finds it necessary to require the said Offender to take the respective physical and psychological treatment, counseling, or education:&#xd;
1. the said Offender’s serving of his imprisonment sentence in full, the enforcement of rehabilitative measures for the said Offender, or the compulsory treatment prescribed in Article 37 or Article 38 for the said Offender, is completed. However, if the imprisonment sentence of the said Offender is commuted to community service, the enforcement of physical and psychological treatment, counseling, or education on the said Offender, as ordered by the competent authority of the responsible special municipality or county (city), starts after the said Offender’s imprisonment sentence is commuted to community service;&#xd;
2. an order (by a court) placing the said Offender on parole;&#xd;
3. an order (by a court) placing the said Offender on probation (suspension of sentence);&#xd;
4. an order (by a court) exempting the said Offender from penalty;&#xd;
5. a pardon (granted by the President) pardoning the said Offender; or&#xd;
6. a court order suspending the compulsory treatment for the said Offender pursuant to the proviso of Paragraph 1, and Paragraph 6, of Article 38 of this Act or the proviso of Paragraph 2 of Article 91-1 of the Criminal Code.&#xd;
The preceding Paragraph does not apply to one who has been deported or ordered to leave the territory after committing a crime.&#xd;
The duration for an order subjecting an Offender to take physical and psychological treatment, counseling, or education prescribed in Paragraph 1 of this Article shall be less than three (3) years. However, the competent authority of the responsible special municipality or county (city) may extend the duration of an abovementioned order for no more than one (1) year when the said competent authority, following an assessment of the said Offender, finds it necessary to subject the said Offender to remain taking compulsory treatment; whereas, if the said competent authority finds it unnecessary to subject the said Offender to remain taking compulsory treatment, the said competent authority may suspend the enforcement of the said order.&#xd;
If, during the period of registration or reporting of an Offender (who is, following an assessment on the said Offender by the competent authority of the responsible special municipality and county (city), no longer required to take physical and psychological treatment, counseling, or education ordered by the said competent authority), the said competent authority, following an assessment on the said Offender, finds it necessary to once again require the said Offender to take physical and psychological treatment, counseling, or education, the said competent authority should order the said Offender to remain taking physical and psychological treatment, counseling, or education; provided that, the duration of the abovementioned compulsory treatment (ordered before and after the aforesaid suspension) shall be combined and taken as a whole, and shall not exceed the maximum duration prescribed in the preceding Paragraph.&#xd;
Paragraph 1 of this Article applies mutatis mutandis, in accordance with Paragraph 1 of Article 7 of this Act, to an Offender sentenced to detention or a fine for his commission of a crime prescribed in Paragraph 1 of Article 25 of the Sexual Harassment Prevention Act, while an order (ordering the said Offender) to take physical and psychological treatment, counseling, or education shall be enforced (against the said Offender) when a court judgment convicting the said Offender becomes final.&#xd;
Paragraphs 1 to 3 of this Article may, if necessary, apply mutatis mutandis to an Offender who has been subject to protective measures by a ruling of a court pursuant to the Juvenile Justice Act.&#xd;
Article 32&#xd;
The competent authority of the responsible special municipality or county (city) shall order an Offender placed on deferred prosecution for a Sexual Assault Crime with a ruling of deferred prosecution that has become final to take physical and psychological treatment, counseling, or education, if the said competent authority finds it necessary, based on an assessment conducted by an assessment team of the said competent authority on the said Offender, for the said Offender to take physical and psychological treatment, counseling, or education.&#xd;
Article 33&#xd;
The assessment(s) referred to in Paragraphs 1, and 3 to 6 of Article 31 of this Act, and in the preceding Article, shall be conducted by the assessment team(s) set up by the competent authority of the responsible special municipality or county (city). However, an assessment of an adult inmate serving his imprisonment term shall be conducted by the assessment team(s) set up by the prison authority. An assessment of a juvenile inmate or a juvenile receiving correctional education shall be conducted by the assessment team(s) set up by the correctional schools.&#xd;
Regulations governing the composition of the assessment team(s) referred to in the preceding Paragraph, the content, standard(s), and procedure(s) of assessment(s) referred to in Paragraphs 1, 3, and 4 of Article 31 of this Act, and the content, standard(s), procedure(s), and durations of physical and psychological treatment, counseling, or education referred to in Paragraphs 1, 3, and 4 of Article 31 of this Act, and other relevant matters, shall be formulated by the central competent authority after consulting the competent authorities for the administration of legal affairs and law enforcement.&#xd;
Article 34&#xd;
A probation officer may adopt one or more of the following measures as a treatment for an Offender placed on probation supervision:&#xd;
1. a probation officer may conduct interviews with an Offender, pay visits to an Offender, and take supplementary measures such as group activities or questionnaire surveys;&#xd;
2. if a probation officer observes any fact strongly indicating a probability of an Offender to further commit any offenses or the need for the reinforcement of counseling and probation, a probation officer may conduct intensive interviews with and frequently pay visits to the said Offender. A probation officer also may, if necessary, seek help from the police agencies for sending personnel to regularly or irregularly visit the said Offender;&#xd;
3. if a probation officer observes any fact that seems to suggest that an Offender is using drugs, a probation officer may order the said Offender to take a urine test;&#xd;
4. if a probation officer observes that an Offender has no permanent residence or that the residence of the said Offender is not suitable for the enforcement of probation, a probation officer may, after reporting the situation to and obtaining permission granted by a competent prosecutor, order the said Offender to reside at a designated residence;&#xd;
5. if a probation officer observes that an Offender is in the habit of committing crimes at certain times or any fact strongly indicating a probability of the said Offender to further commit any offenses, a probation officer may, after reporting the situation to and obtaining permission granted by a competent prosecutor, order the said Offender to refrain from leaving his residence during the monitoring period without prior permission;&#xd;
6. a probation officer may, after reporting the situation to and obtaining permission granted by a competent prosecutor, conduct a lie detector test on an Offender;&#xd;
7. a probation officer may, after reporting the situation to and obtaining permission granted by a competent prosecutor, place an Offender under monitoring through technical equipment;&#xd;
8. if a probation officer observes that an Offender has a fixed crime pattern or any fact strongly indicating a probability of the said Offender to further commit any offenses, a probation officer may, after reporting the situation to and obtaining permission granted by a competent prosecutor, order the said Offender to refrain from staying close to certain locations or people;&#xd;
9. a probation officer may refer an Offender to relevant institutions or organizations to obtain appropriate treatment; or&#xd;
10. any other necessary treatment.&#xd;
A juvenile protection officer may adopt one or more of the measures set forth in the preceding Paragraph, except for those prescribed in Subparagraphs 4 to 8 of the preceding Paragraph, provided that the measure(s) adopted by the said juvenile protection officer shall not in any way be detrimental to the principles of juvenile protection, as a treatment to a juvenile taking physical and psychological treatment, counseling, or education pursuant to Paragraph 6 of Article 31 of this Act.&#xd;
Regulations governing the carrying out, procedure(s), period(s), frequency, testing institution(s), and substances under test, and other relevant matters of a urine test referred to in Subparagraph 3 of Paragraph 1 of this Article, as well as regulations governing the responsible agencies (organizations), personnel, carrying out, procedure(s), and other relevant matters of a lie detector test referred to in Subparagraph 6 of Paragraph 1 of this Article, or of monitoring through technical equipment referred to in Subparagraph 7 of Paragraph 1 of this Article, shall be formulated by the competent authorities for the administration of legal affairs and law enforcement after consulting other relevant agencies.&#xd;
Article 35&#xd;
Following a notice by a competent prosecutors office to a police agency notifying of that an Offender placed on probation supervision and monitored through technological equipment has deliberately dismantled, damaged, concealed, or blocked the technical equipment for monitoring the said Offender, a judicial police officer or a judicial policeman may force the said Offender to go to the competent prosecutors office or any place designated by a competent prosecutor. The competent prosecutors office will send personnel to restore the technical equipment for monitoring the said Offender, and other relevant agencies will follow up on relevant matters according to the law.&#xd;
Article 36&#xd;
If an assessment team referred to in Article 33 of this Act conducts an assessment on an Offender taking physical and psychological treatment, counseling, or education in accordance with Paragraphs 1 and 4 of Article 31 of this Act, and finds that the said Offender is at risk of recidivism, the competent authority of the responsible special municipality or county (city) may submit relevant assessment reports to a competent prosecutor for the said prosecutor to file a petition (to the competent court), in accordance with Article 91-1 of the Criminal Code, for a court order to subject the said Offender to compulsory treatment or to remain taking compulsory treatment.&#xd;
Article 37&#xd;
If an assessment team of a correctional institution conducts an assessment on an Offender (after the said Offender has taken physical and psychological treatment, counseling, or education, but before the said Offender’s serving of his imprisonment term in full) and finds that the said Offender is at risk of recidivism while Article 91-1 of the Criminal Code is not applicable to the said Offender, the said correctional institution may submit relevant assessment reports to a competent prosecutor for the said prosecutor to file a petition (to the competent court) for a court order admitting the said Offender to a medical institution or any other designated institutions to receive compulsory treatment.&#xd;
If an assessment conducted on an Offender after the said Offender has taken physical and psychological treatment, counseling, or education in accordance with Paragraphs 1 and 4 of Article 31 of this Act finds that the said Offender is at risk of recidivism, while Article 91-1 of the Criminal Code is not applicable to the said Offender, a competent prosecutor or the competent authority of the responsible special municipality or county (city) shall submit relevant assessment reports and file a petition to the competent court for a court order admitting the said Offender to a medical institution or any other designated institutions to receive compulsory treatment.&#xd;
The competent authority of the responsible special municipality or county (city) shall, following the complete serving of imprisonment term of an Offender subject to compulsory treatment by an order issued by a court in accordance with (either of) the two preceding Paragraphs or following an Offender’s receipt of an aforesaid compulsory treatment order, transfer the said Offender to the place of compulsory treatment to receive treatment. The competent authority of the responsible special municipality or county (city) may, when necessary, coordinate relevant agencies to assist with the abovementioned transfer of the said Offender.&#xd;
Article 38&#xd;
The duration of (an order of) compulsory treatment referred to in the preceding Article shall be less than five (5) years. If an assessment conducted on an Offender subject to the aforesaid compulsory treatment before the expiry of the duration of (an order of) compulsory treatment referred to in the preceding Article finds it necessary to subject the said Offender to remain taking compulsory treatment due to no significant decrease of the said Offender’s risk of recidivism, a competent prosecutor or the competent authority of the responsible special municipality or county (city) may file a petition to the competent court for an order to extend the duration of the abovementioned compulsory treatment. The first extension (of the duration of the said compulsory treatment) shall be less than three (3) years, and each subsequent extension shall be less than one (1) year. However, if a competent prosecutor or the competent authority of the responsible special municipality or county (city) finds it unnecessary to subject the said Offender to remain taking compulsory treatment, the said prosecutor or the said competent authority might file a petition to the court for an order to terminate the said compulsory treatment.&#xd;
If any of the circumstances prescribed in Paragraph 1 or Paragraph 2 of the preceding Article occurs after the abovementioned termination of compulsory treatment for an Offender, a competent court may issue an order admitting the said Offender to a suitable institution to remain taking compulsory treatment.&#xd;
The duration of compulsory treatment referred to in the preceding Paragraph shall be combined with the duration of compulsory treatment enforced before the abovementioned termination of compulsory treatment.&#xd;
During the duration or extended duration of compulsory treatment referred to in the three preceding Paragraphs, an assessment of an Offender for determining whether subjecting the said Offender to remain taking compulsory treatment is necessary shall be conducted at least once every year.&#xd;
The responsible compulsory treatment institution shall, at least three months prior to the expiry of duration or extended duration of compulsory treatment referred to in Paragraph 1 of this Article, notify a subject of compulsory treatment, and a competent prosecutor or the competent authority of the responsible special municipality and county (city), of the outcome of compulsory treatment and finding of assessments.&#xd;
After receiving a notification referred to in the preceding Paragraph, a subject of compulsory treatment may file a petition to the competent court for an order to terminate compulsory treatment.&#xd;
If the competent authority of the responsible special municipality and county (city), following the said competent authority’s receipt of a notification referred to in Paragraph 5 of this Article, finds it unnecessary to subject a subject of compulsory treatment to remain taking compulsory treatment, or if the said competent authority receives a court order, referred to in the proviso of Paragraph 1 of this Article or the preceding Paragraph, terminating the said compulsory treatment, the said competent authority should hold a transition meeting on the arrangement of physical and psychological treatment, counseling, or education for the said subject of compulsory treatment, as well as matters related to the registration and reporting of the said subject of compulsory treatment, and also should provide enrollment (into school), employment, family support, and other care services to the said subject of compulsory treatment.&#xd;
Article 39&#xd;
Regulations governing the petitions, terminations, extensions, responsible agencies (organizations), treatment institutions, implementation procedure(s), method(s), sources of funding, the composition of an assessment team, and other relevant matters in connection with compulsory treatment referred to in the three preceding Articles shall be formulated by the competent authorities for the administration of legal affairs and law enforcement after consulting the central competent authority.&#xd;
Article 40&#xd;
Unless this Act provides otherwise, the Code of Criminal Procedure applies mutatis mutandis to the petitions, terminations, extensions, and court orders referred to in Articles 37 and 38 of this Act.&#xd;
If any of the following occurs to an Offender who has not retained a defense counsel, a court shall appoint a public defender or a lawyer to defend the said Offender, and Paragraphs 2 and 4 of Article 31 of the Code of Criminal Procedure apply mutatis mutandis:&#xd;
1. an Offender is unable to make a complete statement due to his physical or mental disability; or&#xd;
2. any other circumstances where a court finds it necessary to appoint a defense counsel for an Offender.&#xd;
Article 35 of the Code of Criminal Procedure shall apply mutatis mutandis to the circumstances referred to in the preceding Paragraph.&#xd;
When a court receives a petition referred to in Articles 37 and 38 of this Act, the said court shall, unless apparently unnecessary, designate a date, summon the respective Offender(s), and notify the petitioner(s), defense counsel(s), and assistant(s).&#xd;
On the date referred to in the preceding Paragraph, a petitioner may be present in court to state his opinion. However, if a court finds it necessary, a petitioner shall be present in court to state the grounds for his petition or present necessary evidence.&#xd;
A court shall provide the presenting Offender, presenting defense counsel(s), and presenting assistant(s) with an opportunity to state their opinions. However, this does not apply to those who have been legally summoned, those who fail to appear without justification, or those who state their reluctance to be present.&#xd;
Article 41&#xd;
If any of the circumstances set forth in Paragraph 1 of Article 31 of this Act occurs to an Offender who commits an offense prescribed in Article 221, Article 222, Article 224-1, Paragraph 1 of Article 225, Article 226, Article 226-1, Subparagraph 2 of Paragraph 2 of Article 332, Subparagraph 2 of Paragraph 2 of Article 334, Subparagraph 1 of Paragraph 2 of Article 348, or any other special laws of the Criminal Code, the said Offender shall regularly report to the police agencies, as well as register with and update the police agencies information such as his identification, enrollment (into school), employment, vehicle registration information, and other related information. The duration for the abovementioned reporting and registration is seven (7) years.&#xd;
If any of the circumstances set forth in Paragraph 1 of Article 31 of this Act occurs to an Offender who commits an offense prescribed in Article 224, Paragraph 2 of Article 225, Article 227, or Article 228 of the Criminal Code, the preceding Paragraph applies to the said Offender. The duration for the abovementioned reporting and registration is five (5) years.&#xd;
The two preceding Paragraphs do not apply to one who has been deported or ordered to leave the territory after committing a crime or who was under eighteen (18) years old when committing a Sexual Assault Crime.&#xd;
An Offender referred to in Paragraph 1 or Paragraph 2 of this Article shall bear with any visit regularly or irregularly conducted by the police agencies during the duration of reporting and registration of the said Offender. Moreover, the said Offender shall update any changes to any information registered with the police agencies within seven (7) days following the occurrence of any changes to the said information.&#xd;
The preceding Paragraph applies mutatis mutandis to one who is convicted guilty of committing a Sexual Assault Crime by a final judgment rendered by a foreign court or by a court in the mainland China area, Hong Kong, or Macau, but has no final judgment rendered by a court with competent jurisdiction following a retrial for the said Sexual Assault Crime held in the Republic of China.&#xd;
Article 42&#xd;
An Offender placed on deferred prosecution for a Sexual Assault Crime with a ruling of deferred prosecution that has become final shall, during the period that the said Offender is taking physical and psychological treatment, counseling, or education, regularly report to the police agencies, as well as register with and update the police agencies information such as his identification, enrollment (into school), employment, vehicle registration information, and other related information.&#xd;
An Offender referred to in the preceding Paragraph shall bear with any visits regularly or irregularly conducted by the police agencies during the duration of reporting and registration of the said Offender. Moreover, the said Offender shall update any changes to any information registered with the police agencies within seven (7) days following the occurrence of any changes to the said information.&#xd;
The two preceding Paragraphs do not apply to an Offender who was under eighteen (18) years old when committing a Sexual Assault Crime.&#xd;
Article 43&#xd;
To safeguard the public interest and the safety of society, the items registered during the durations of registration and reporting referred to in the two preceding Articles may be accessed by particular personnel.&#xd;
Regulations governing the procedure(s) and manner(s) of registration and reporting, as well as visit frequency, as referred to in the two preceding Articles, and the scope, content, responsible agencies, qualification and criteria of personnel with authority to access, access procedure(s), and other compliance requirements, as referred to in the two preceding Paragraph, shall be formulated by the central competent authority for the administration of police administrative affairs after consulting other respective central competent regulatory authorities.&#xd;
Chapter 5 Penal Provisions&#xd;
Article 44&#xd;
An Offender who has been notified to appear at a designated place on a designated date to take compulsory treatment referred to in Paragraph 1 or Paragraph 2 of Article 37 of this Act but fails to appear on time shall be subject to imprisonment of no more than one(1) year, detention, or in lieu thereof or in addition thereto a fine of one hundred thousand New Taiwan dollars (NT$ 100,000).&#xd;
Article 45&#xd;
Anyone in violation of the confidentiality requirement prescribed in Paragraph 2 of Article 11 of this Act shall be subject to a fine between sixty thousand New Taiwan dollars (NT$ 60,000) and six hundred thousand New Taiwan dollars (NT$ 600,000).&#xd;
Article 46&#xd;
A competent regulatory authority shall impose a fine between sixty thousand New Taiwan dollars (NT$ 60,000) and six hundred thousand New Taiwan dollars (NT$ 600,000) on one who engages in any of the following misconducts without justification, and also shall order the said person to correct the said misconduct(s) within a period designated by the said competent regulatory authority; provided that, if the said person fails to correct the said misconduct(s) within the period designated by the said competent regulatory authority, the said competent regulatory authority might impose fines on the said person consecutively per violation, and also may order the said person to impose restrictions on access to certain content:&#xd;
1. a violation of Paragraph 1 of Article 13 of this Act by a failure to spontaneously restrict the browsing of, or remove, any crime-related webpage materials;&#xd;
2. a violation of Paragraph 2 of Article 13 of this Act by a failure to keep any crime-related webpage materials or any personal data or Internet usage records of a suspect for one hundred eighty (180) days, or by a failure to provide any of the abovementioned information or data to judicial or police agencies for investigations;&#xd;
3. a violation of Paragraph 2 of Article 7 of this Act (which requires the mutatis mutandis application of Paragraph 1 of Article 13 of this Act) by a failure to spontaneously restrict the browsing of, or remove, any crime-related webpage materials; or&#xd;
4. a violation of Paragraph 2 of Article 7 of this Act (which requires the mutatis mutandis application of Paragraph 2 of Article 13 of this Act) by a failure to keep any crime-related webpage materials or any personal data or Internet usage records of a suspect for one hundred eighty (180) days, or by a failure to provide any of the abovementioned data to judicial or police agencies for investigations.&#xd;
Article 47&#xd;
Anyone in violation of the confidentiality requirement prescribed in Paragraph 1 of Article 15, or Paragraph 2 or 3 of Article 7 of this Act (which requires the mutatis mutandis application of Paragraph 1 of Article 15 of this Act), shall be subject to a fine between sixty thousand New Taiwan dollars (NT$ 60,000) and six hundred thousand New Taiwan dollars (NT$ 600,000).&#xd;
Article 48&#xd;
A competent regulatory authority shall impose a fine between sixty thousand New Taiwan dollars (NT$ 60,000) and six hundred thousand New Taiwan dollars (NT$ 600,000) on a broadcaster, or a television company, that is in violation of Paragraph 1 or Paragraph 3 of Article 16, or Paragraph 2 or Paragraph 3 of Article 7 of this Act (which requires the mutatis mutandis application of Paragraph 1 or Paragraph 3 of Article 16 of this Act), and also shall order the said broadcaster or the said television company to correct the said misconduct(s) within a period designated by the said competent regulatory authority; provided that, if the said broadcaster or the said television company fails to correct the said misconduct(s) within the abovementioned designated period, the said competent regulatory authority may impose fines on the said broadcaster or the said television company consecutively per violation.&#xd;
A competent regulatory authority shall impose a fine between sixty thousand New Taiwan dollars (NT$ 60,000) and six hundred thousand New Taiwan dollars (NT$ 600,000) on the person(s) in charge of an entity or an organization of any publicity materials, publications, Internet sources, or any other types of media, other than those mentioned in the preceding Paragraph, that is in violation of Paragraph 1 or Paragraph 3 of Article 16, or Paragraph 2 or Paragraph 3 of Article 7 of this Act (which requires the mutatis mutandis application of Paragraph 1 or Paragraph 3 of Article 16 of this Act), and may confiscate any items mentioned in Article 16 of this Act, or order the said entity or the said organization to remove, take down, or adopt any other necessary measure for, certain content within a period designated by the said competent regulatory authority; provided that, if the said entity or the said organization fails to comply with the abovementioned order of the said competent regulatory authority within the abovementioned designated period, the said competent regulatory authority may impose fines on the person(s) in charge of the said entity or the said organization consecutively per violation until the said entity or the said organization fully complies with the abovementioned order of the said competent regulatory authority.&#xd;
In the case where a Victim is dead, a competent regulatory authority may opt not to impose a fine prescribed in (either of) the two preceding Paragraphs, if the said competent regulatory authority, after taking into account and balancing the benefits of maintenance of law and order, maintenance of peace of mind among the public, clarification of misleading information, prevention of problem escalation, as well as other public interests of the society, finds the reporting or disclosure in dispute necessary.&#xd;
Anyone, other than those mentioned in Paragraph 1 or Paragraph 2 of this Article, who violates Paragraph 4 of Article 16, or Paragraph 2 or Paragraph 3 of Article 7 of this Act (which requires the mutatis mutandis application of Paragraph 4 of Article 16 of this Act), without justification, shall be subject to a fine between twenty thousand and one hundred thousand New Taiwan dollars.&#xd;
If there is no person in charge of publicity material, a publication, an Internet source, or any other type of media, or if the person in charge (of the said publicity material, the said publication, the said Internet source, or the said other type of media) is not in a position to supervise the conduct of the responsible perpetrator, the fine prescribed in Paragraph 2 of this Article shall be imposed on the responsible perpetrator.&#xd;
Article 49&#xd;
Anyone who violates Paragraph 1 of Article 14 of this Act shall be subject to a fine between ten thousand and fifty thousand New Taiwan dollars imposed by the competent authority of the responsible special municipality or county (city).&#xd;
Article 50&#xd;
The competent authority of the responsible special municipality or county (city) shall impose a fine between ten thousand and fifty thousand New Taiwan dollars on an Offender referred to in Paragraph 1 or Paragraph 4 of Article 31 of this Act, an Offender placed on deferred prosecution for Sexual Assault Crime with a ruling of deferred prosecution that has become final, or a convicted defendant subject to (the application of) Paragraph 1 of Article 7 of this Act (which requires the mutatis mutandis application of Paragraph 1 of Article 31, and Paragraph 1 or Paragraph 2 of Article 42 of this Act), any of which that engages in any of the following conducts, and shall order the said Offender or the said convicted defendant to perform full compliance (with the orders or requirements mentioned in the respective provisions of this Act) within a period designated by the said competent authority:&#xd;
1. a failure or a refusal, without justification, by an Offender or a convicted defendant, who has been notified by the competent authority of the responsible special municipality or county (city), to present himself to take an assessment or take physical and psychological treatment, counseling, or education; or a failure by the said Offender or the said convicted defendant to spend sufficient hours on taking physical and psychological treatment, counseling, or education; or&#xd;
2. a failure of full compliance with Paragraph 1, Paragraph 2, or Paragraph 4 of Article 41, or Paragraph 1 or Paragraph 2 of Article 42 of this Act, by an Offender or a convicted defendant who fails to regularly report to the police agencies, regularly register and update information with the police agencies, or bear with the visits conducted by the police agencies.&#xd;
Anyone who shall bear with the visits conducted by the police agencies pursuant to Paragraph 5 of Article 41 of this Act (which requires the mutatis mutandis application of Paragraph 4 of Article 41 of this Act) shall be subject to the fine(s) prescribed in the preceding Paragraph if the said person engages in any conducts prescribed in Subparagraph 2 of the preceding Paragraph.&#xd;
An abovementioned Offender or an abovementioned convicted defendant who has been ordered, under either of the two preceding Paragraphs, to perform full compliance (with the orders or requirements mentioned in the respective provisions of this Act) within a period designated by the abovementioned competent authority, but fails to perform his full compliance in time as ordered, shall be subject to imprisonment for up to one (1) year, detention, or in lieu thereof or in addition thereto a fine up to one hundred thousand New Taiwan dollars (NT$ 100,000).&#xd;
Matters prescribed in Articles 31, 32, 41, and 42 of this Act shall nonetheless be enforced or carried out against an Offender or a convicted defendant following that the said Offender or the said convicted defendant served his imprisonment term in full and/or paid his fine(s) in full, imposed on him in accordance with (any of) the three preceding Paragraphs.&#xd;
Chapter 6 Supplemental Provisions&#xd;
Article 51&#xd;
The competent authority of the responsible special municipality or county (city) shall notify a competent prosecutor immediately after imposing any disposition upon any of the following persons under Paragraph 1 of the preceding Article:&#xd;
1. an Offender who is on parole, on probation, or whose imprisonment term has been commuted to community service;&#xd;
2. a defendant convicted guilty of committing a crime prescribed in Paragraph 1 of Article 25 of the Sexual Harassment Prevention Act, or Paragraph 1 of Article 319-2 of the Criminal Code, who is on parole, on probation, or whose imprisonment term has been commuted to community service; or&#xd;
3. an Offender placed on deferred prosecution for a Sexual Assault Crime with a ruling of deferred prosecution that has become final.&#xd;
A competent prosecutor may, following his receipt of a notification referred to in the preceding Paragraph, notify the warden of the original prison (hosting the said Offender or the said convicted defendant) to report to the Ministry of Justice for the revocation of the parole of the said Offender or the said convicted defendant, file a petition to a competent court for the revocation of the probation of the said Offender or the said convicted defendant, or sua sponte revoke the deferred prosecution or community service of the said Offender or the said convicted defendant.&#xd;
Article 52&#xd;
If a defendant or an Offender convicted guilty by a final judgment, referred to in Article 44 or Paragraph 3 of Article 50 of this Act, has fled or hidden, and has been designated in a circular order to arrest, a competent police agency may publish the personally identifiable information of the said defendant or the said Offender on the website(s) of the competent police agency or newspapers, or circulate the said information to the public by any other means. The competent police agency shall cease to publish or circulate the personally identifiable information of the said defendant or the said Offender if the said defendant or the said Offender is arrested, is dead, or the publication or circulation of such information is no longer necessary.&#xd;
The preceding Paragraph does not apply to a defendant or an Offender who was under eighteen (18) years old when committing the crime(s).&#xd;
Article 53&#xd;
This Act shall apply mutatis mutandis to and will be enforced by military law enforcement agencies handling cases involving a Sexual Assault Crime committed by an active military serviceman during wartime.&#xd;
Article 54&#xd;
Anyone who has been subject to compulsory treatment before the amendments to Articles 36 to 40 of this Act shall remain taking compulsory treatment after the amendments to Articles 36 to 40 of this Act have come into effect.&#xd;
In the case of the circumstances prescribed in the preceding Paragraph, a competent prosecutor of the original competent prosecutors office or the competent authority of the responsible special municipality or county (city) shall, within six (6) months after the amendments to Articles 36 to 40 of this Act have come into effect, file a petition, in accordance with Paragraph 1 of Article 38 of this Act or Paragraph 2 of Article 91-1 of the Criminal Code, to the competent court (the last court that decided on the crime-related facts of the case) for a court order setting the duration of compulsory treatment.&#xd;
A petition referred to in the preceding Paragraph will be viewed as a petition filed for the grant of the first extension in accordance with the latter part of Paragraph 1 of Article 38 of this Act or the latter part of Paragraph 2 of Article 91-1 of the Criminal Code, if the said compulsory treatment has been carried out for more than five (5) years. A petition referred to in the preceding Paragraph will be viewed as a petition filed for the grant of the second extension, if the said compulsory treatment has been carried out for more than eight (8) years.&#xd;
Under any of the following circumstances, the competent court (the last court that decided on the crime-related facts of the case) shall make a ruling pursuant to Paragraph 1 or Paragraph 2 of Article 38 of this Act, or Paragraph 2 or Paragraph 3 of Article 91-1 of the Criminal Code, and the preceding Paragraph shall apply:&#xd;
1. a petition has been filed, after the amendments to Articles 36 to 40 of this Act have come into effect, for a court order to subject an Offender to remain taking compulsory treatment, whereas, before the amendments to Articles 36 to 40 of this Act have come into effect, the said Offender has obtained a court order granted to terminate the compulsory treatment for the said Offender then; or&#xd;
2. in the case of the circumstances prescribed in Paragraph 1 or 2 of this Article, a court has, after the amendments to Articles 36 to 40 of this Act have come into effect, granted an order to terminate the compulsory treatment for an Offender, whereas, a petition has been filed for a court order to subject the said Offer to remain taking compulsory treatment.&#xd;
Article 55&#xd;
The Enforcement Rules for the Act shall be formulated by the central competent authority.&#xd;
Article 56&#xd;
Except for Article 13 of this Act, which shall come into effect six (6) months after its promulgation, the rest of the Act shall come into effect on the date of the promulgation of the rest of the Act.]]&gt;</summary><liaisonper/><liaisontel/><liaisonfax/><liaisonemail/><docs/><images/><videos/><audios/><resources><resources><relateURL>https://law.moj.gov.tw/ENG/LawClass/LawAll.aspx?pcode=D0080079</relateURL><relateName>Sexual Assault Crime Prevention Act</relateName></resources></resources></item><item><subject>&lt;![CDATA[Enforcement Rules for the Sexual Assault Crime Prevention Act]]&gt;</subject><dataClassName>Gender-related Events</dataClassName><pubUnitName>Office of Gender Equality Education</pubUnitName><posterDate>2023-08-16</posterDate><updateDate/><detailContent>&lt;![CDATA[]]&gt;</detailContent><summary>&lt;![CDATA[Article 1&#xd;
These Enforcement Rules are enacted in accordance with Article 55 of the Sexual Assault Crime Prevention Act (hereinafter referred to as “the Act”).&#xd;
Article 2&#xd;
The competent authorities at the special municipality or county (city) level as defined in the Act shall be the competent authorities at the special municipality or county (city) level responsible for receiving reports. However, in any of the following circumstances, the responsible authority shall be determined as follows:&#xd;
1. When there are two or more competent authorities at the special municipality or county (city) level handling cases involving the same victim's report: The competent authority at the special municipality or county (city) level where the victim resides.&#xd;
2. In cases where the victim requires immediate rescue, medical treatment, forensic examination, evidence collection, accompaniment for questioning (interrogation), or assessment for protective placement in emergency situations: The competent authority at the special municipality or county (city) level where the victim is located. If necessary, they may coordinate with other competent authorities at the special municipality or county (city) level for assistance.&#xd;
3. For the arrangements, medical care, and related expenses for the victim: The competent authority at the special municipality or county (city) level where the victim's domicile is registered.&#xd;
Upon consultation and based on the specific needs of individual cases, the competent authorities at the special municipality or county (city) level responsible for receiving reports may, if necessary, transfer the subsequent handling of the case to the competent authorities at the special municipality or county (city) level where the victim resides.&#xd;
Article 3&#xd;
The competent regulatory authorities referred to in the Act are defined as follows:&#xd;
1. Article 46 of the Act:&#xd;
(1) Registered as Internet access service providers of Telecommunications Enterprises : National Communications Commission.&#xd;
(2) Unregistered as Internet access service providers, Internet platform providers, and Internet application service providers of Telecommunications Enterprises.&#xd;
A. If registered as a company, business, or limited partnership in the Republic of China: The competent authority at the special municipality or county (city) level where the company, business, or limited partnership is registered.&#xd;
B. If not registered as a company, business, or limited partnership in the Republic of China: The competent authority at the special municipality or county (city) level where the victim resides.&#xd;
2. Article 48 of the Act:&#xd;
(1) Broadcasting and television businesses: National Communications Commission.&#xd;
(2) Promotional materials, publications, the internet, or other media: The competent authority at the special municipality or county (city) level where the victim resides.&#xd;
When the victim, as defined in Item 2-2 of Subparagraph 1 and in Item 2 of Subparagraph 2 of the preceding paragraph, cannot be identified, the competent authority at the special municipality or county (city) level where the complainant is located shall be the competent regulatory authority.&#xd;
Article 4&#xd;
In accordance with Subparagraph 5 of Paragraph 1 of Article 6 of the Act, the medical team established through coordination with medical institutions shall be convened by a physician responsible for or appointed by the medical institution. The members shall include at least medical professionals and social workers.&#xd;
Article 5&#xd;
The calculation of the members, employees, or service personnel as defined in Paragraph 4 of Article 9 of the Act shall include branch offices and subsidiary units, and shall be based on the total number as of the first working day of each month.&#xd;
The service personnel in the preceding paragraph refers to the number of individuals receiving services at the location of the respective agency, troop, school, institution, or employer.&#xd;
Article 6&#xd;
The reporting method specified in Paragraph 1 of Article 11 of the Act shall be conducted through the Internet, telecommunications fax, or other technological devices, or by any other means to report to the competent authority at the special municipality or county (city) level. In urgent situations, initial reporting may be made through verbal communication, telephone calls, or other immediate communication methods, and the reporting form shall be submitted within twenty-four (24) hours after the report.&#xd;
The reporting process in the preceding paragraph shall include completing the reporting form with detailed information as specified and ensuring the confidentiality and privacy of the victim are maintained without disclosure.&#xd;
Article 7&#xd;
The central competent authority, upon learning of web content related to sexual assault or suspected offenses under Articles 319-1 to 319-4 of the Criminal Code, shall notify internet platform providers, internet application service providers, internet access service providers (hereinafter referred to as internet operators), and the competent regulatory authorities specified in Subparagraph 1 of Paragraph 1 of Article 3.&#xd;
The notification of the preceding paragraph shall include the following details:&#xd;
1. The website name and URL where the suspected criminal activity occurred, as well as the URL for the sexual image.&#xd;
2. The online platform account or internet protocol (IP) address of the offender.&#xd;
3. The notifying country, agency, contact person's name, telephone number, and email address.&#xd;
Upon receiving the notice as prescribed in Paragraph 1, the competent regulatory authority shall immediately issue a written order to the internet operators. The internet operators shall, within the following time limits, restrict browsing or remove web content related to crimes in accordance with Paragraph 1 of Article 13 of the Act:&#xd;
1. Sexual assault crimes: within twenty-four (24) hours.&#xd;
2. Crimes under Article 319-1 to Article 319-4 of the Criminal Code: within seventy-two (72) hours.&#xd;
The written order mentioned in the preceding paragraph shall include the start and end dates for each subparagraph of Paragraph 2, the start and end dates for retaining criminal web content for one hundred eighty (180) days as specified in Paragraph 2 of Article 13 of the Act, and the matters to be recorded as required by Paragraph 1 of Article 96 of the Administrative Procedure Act.&#xd;
Article 8&#xd;
The competent regulatory authority may, in accordance with the Act, issue administrative dispositions against internet service providers and transmit them in electronic format over the internet to the publicly disclosed electronic mail or electronic form designated by the internet service provider for notification, and such transmission shall be deemed as served.&#xd;
The electronic document mentioned in the preceding paragraph, upon being transmitted by the competent regulatory authority to the publicly disclosed electronic mail or electronic form designated by the internet service provider, shall take effect as having been duly served, notified, or made known in accordance with the law after one working day upon such transmission. However, in any of the following circumstances are not subject to this time limit:&#xd;
1. When the electronic document has been transmitted but has not entered the internet operators' publicly disclosed or designated email or electronic forms.&#xd;
2. When the electronic document has entered the internet operators' publicly disclosed or designated email or electronic forms after one working day but the internet operators provide an explanation that they cannot read it.&#xd;
3. When the internet operators can prove that the electronic document entered their publicly disclosed or designated email or electronic forms at an earlier or later time.&#xd;
In the event of a dispute regarding the circumstances described in Subparagraph 1 of the proviso in the preceding paragraph, it shall be proven by the competent regulatory authority. If the competent regulatory authority cannot provide proof, the electronic document shall be redelivered, notified, or made known in an appropriate manner.&#xd;
In the circumstances described in Subparagraph 2 of the proviso in Paragraph 2, the competent regulatory authority shall redeliver, notify, or make it known in an appropriate manner.&#xd;
In the circumstances described in Subparagraph 3 of the proviso in Paragraph 2, the effectiveness of delivery, notification, or making it known shall occur based on the earlier or later time point as proven by the internet operator, in accordance with the law.&#xd;
Article 9&#xd;
If the competent regulatory authority is unable to ascertain the contact information of the internet operator and cannot effect the delivery in the preceding article, but there is an immediate need for disposition to prevent crime, dangerous situations, or to avoid imminent danger, immediate use of force shall be executed in accordance with the Administrative Execution Act.&#xd;
Article 10&#xd;
Article 15 and Paragraph 1 of Article 16 of the Act, where reference is made to other personally identifiable information sufficient to identify the victim, including but not limited to the victim’s photograph, image, drawing, voice, address, names of relatives or their relationships, school attended, class, workplace, or any other information that can directly or indirectly identify the individual victim.&#xd;
Article 11&#xd;
According to Paragraph 1 of Article 17 of the Act, when conducting medical examinations and evidence collection on a victim, attention shall be paid to the physical and mental state of the victim as well as the circumstances of the victim, and detailed records shall be made and preserved.&#xd;
The consent referred to in Paragraph 1 of Article 17 of the Act shall be in writing.&#xd;
The preservation and transfer of physical evidence as stipulated in Paragraphs 5 and 6 of Article 17 of the Act shall be carried out with due care to prevent loss or destruction.&#xd;
Article 12&#xd;
When physicians, psychologists, counselors, or social workers accompanies a victim to provide statements in accordance with Paragraph 1 of Article 18 of the Act, they shall strictly adhere to professional ethics and safeguard the rights and interests of the victim. The same applies to professionals who assist in the questioning process in accordance with Article 19 of the Act.&#xd;
Article 13&#xd;
A victim, the guardian of a victim, or the legal representative may apply to the competent authority at the special municipality or county (city) level for the assignment of a social worker to accompany the victim in accordance with Paragraph 1 of Article 18 of the Act. The competent authority at the special municipality or county (city) level shall not refuse such request, except when it is deemed unnecessary.&#xd;
Article 14&#xd;
An offender, as defined in Article 29 of the Act, shall undergo and may not refuse to undergo photography, fingerprinting, and the sampling of deoxyribonucleic acid (DNA) conducted by a judicial police agency. If the offender has not been sampled during their period of confinement in a corrective institution, the corrective institution shall provide the necessary facilities and assistance.&#xd;
Article 15&#xd;
The offenders referred to in Paragraphs 1 and 2 of Article 37 the Act are those who committed sexual assault crimes before June 30, 2006.&#xd;
Article 16&#xd;
The penalties stipulated in Articles 45 and 47 of the Act shall be imposed by the competent authority at the special municipality or county (city) level where the victim resides.&#xd;
Article 17&#xd;
The competent regulatory authority, in accordance with Article 46 of the Act, may issue an administrative disposition to restrict access. The administrative disposition document for restricting access shall, in addition to complying with the relevant administrative disposition regulations as stipulated in the Administrative Procedure Act, specify the start and end dates of the access restriction.&#xd;
Internet service providers who are dissatisfied with the decision of the competent regulatory authority to implement access restrictions under the preceding paragraph may, in accordance with the law, file an administrative appeal and administrative litigation.&#xd;
Article 18&#xd;
Except for Articles 7 to 10 and Article 17, which shall be effective from August 15, 2023, these Enforcement Rules shall be effective from February 17, 2023.]]&gt;</summary><liaisonper/><liaisontel/><liaisonfax/><liaisonemail/><docs/><images/><videos/><audios/><resources><resources><relateURL>https://law.moj.gov.tw/ENG/LawClass/LawAll.aspx?pcode=D0080080</relateURL><relateName>Enforcement Rules for the Sexual Assault Crime Prevention Act</relateName></resources></resources></item><item><subject>&lt;![CDATA[Gender Equality in Employment Act]]&gt;</subject><dataClassName>Workplace Related</dataClassName><pubUnitName>Office of Gender Equality Education</pubUnitName><posterDate>2023-08-16</posterDate><updateDate/><detailContent>&lt;![CDATA[]]&gt;</detailContent><summary>&lt;![CDATA[Chapter Ⅰ General Provisions&#xd;
Article 1&#xd;
(Ⅰ)The Act is enacted to protect gender equality in the workplace, implement thoroughly the constitutional mandate of eliminating gender discrimination, and promote the spirit of substantial gender equality.&#xd;
(Ⅱ)Incidents of workplace sexual harassment, except for campus sexual harassment cases regulated by the Gender Equality Education Act, shall be handled in accordance with the provisions of the Act.&#xd;
Article 2&#xd;
(Ⅰ)Arrangements made by employers and employees that are superior to those provided for by the Act shall be respected.&#xd;
(Ⅱ)The Act is applicable to civil servants, educational personnel and military personnel, provided that. However, the provisions of Article 32-1, Article 32-2, Article 33, Article 34, Article 38, and Article 38-1 shall not apply.&#xd;
(Ⅲ)Complaints, remedies and processing procedures for civil servants, educational personnel and military personnel shall be handled in accordance with respective statutes and regulations governing personnel matters.&#xd;
(Ⅳ)The Act is applicable to those trainee-apprentices who are recruited by employers in accordance with the Labor Standard Act and those who are applicable to, mutatis mutandis, the trainee-apprentice provisions of that Act, except for those trainee-students who are protected by the related provisions in the Act of Implementing Cooperation Programs for Training and Education and Protecting Rights and Interests of the Trainee-Students in the Senior High Schools, provided that, Articles 16-17 of the Act shall not be applicable.&#xd;
(Ⅴ)For those trainees who are sexually harassed during the duration of their training, the related provisions of the Act shall be applicable.&#xd;
Article 3&#xd;
The terms used in the Act shall be defined as follows:&#xd;
1.Employee means a person who is hired by an employer to work for wages.&#xd;
2.Applicant means a person who is applying a job from an employer.&#xd;
3.Employer means a person, a public or private entity or authority that hires an employee. A person who represents an employer to exercise managerial authority or who represents an employer in dealing with employee matters is deemed to be an employer. Dispatched entities utilizing dispatched workers are deemed as employers as provided in Articles 8, 9, 12, 13, 18, 19 and 36 of the Act.&#xd;
4.Trainee means a student of a public or registered private senior high school or above who is participating in an extracurricular training program.&#xd;
5.Dispatched entity means a unit that is actually ordering and supervising a dispatched workers doing the work in accordance with a dispatching contract.&#xd;
6.Dispatched worker means a worker who is employed by a dispatching entity and actually works for the dispatched entity.&#xd;
7.Dispatching entity means a business entity that engages in labor dispatching business.&#xd;
8.Wage means the compensation which an employee receives for his/her services rendered, including wages, salaries and bonuses, allowances, and other regular payments regardless of the name which may be computed on an hourly, daily, monthly or piecework basis, whether payable in cash or in kind.&#xd;
9.Reinstatement means reinstate to the previous job held by the employee who has applied for and used the unpaid parental leave referred to in the Act.&#xd;
Article 4&#xd;
(Ⅰ)The term “competent authority” referred to in the Act shall be the Ministry of Labor at the central level, the municipal government at the municipal level, and the county (city) government at the county (city) level.&#xd;
(Ⅱ)Matters stipulated in the Act which are concerned with the competences of the competent authorities for other purposes shall be handled by those authorities for other purposes&#xd;
Article 5&#xd;
(Ⅰ)Competent authorities at all levels shall establish Gender Equality in Employment Committees to handle deliberation, consultation, and promotion of gender equality in employment matters.&#xd;
(Ⅱ)The Gender Equality Working Committee mentioned in the preceding Paragraph shall consist of five to eleven members with a term of two years, appointed from individuals possessing relevant knowledge and expertise in labor affairs, gender issues, or legal professionals. Among these members, two shall be recommended by labor organizations, and two by gender organizations. The number of female members shall account for more than half of the total committee members, and government agency representatives shall not exceed one-third of the total committee members.&#xd;
(Ⅲ)The organization, meetings, and other related matters of the Gender Equality Working Committee as mentioned in the previous two Paragraphs shall be determined separately by competent authorities at various levels.&#xd;
(Ⅳ)If local government agencies have established Employment Discrimination Review Committees, the Gender Equality Working Committee mentioned in Paragraph 1 may be combined with such committee, while still adhering to the composition requirements specified in Paragraph 2.&#xd;
Article 6&#xd;
(Ⅰ)For the purpose of promoting gender equality in employment, the competent authorities at the municipal, country (city) government level shall prepare and earmark necessary budgets to provide various occupational training, employment service and reemployment training programs for them. During these training and service periods, child care, elder care and other related welfare facilities shall be set up or provided for female employment.&#xd;
(Ⅱ)The Central Competent Authority may subsidize the expenses for those competent authorities at the municipal, country (city) government level that have provided occupational training, employment service and reemployment training programs, and set up or provide child care, elder care and other related welfare facilities during those training and service periods mentioned in the preceding Paragraph.&#xd;
Article 6-1&#xd;
The scope of labor inspection of the competent authorities shall include the items for prohibition of gender or sexual orientation discrimination, prevention and correction of sexual harassment, measures for promoting equality in employment of the Act.&#xd;
Chapter Ⅱ Prohibition of Gender Discrimination&#xd;
Article 7&#xd;
Employers shall not discriminate against applicants or employees because of their gender or sexual orientation in the course of recruitment, screening test, hiring, placement, assignment, evaluation and promotion. However, if the nature of work only suitable to a specific gender, the above-mentioned restriction shall not apply.&#xd;
Article 8&#xd;
Employers shall not discriminate against employees because of their gender or sexual orientation in the case of holding or providing education, training or other related activities.&#xd;
Article 9&#xd;
Employers shall not discriminate against employees because of their gender or sexual orientation in the case of holding or providing various welfare measures.&#xd;
Article 10&#xd;
(Ⅰ)Employers shall not discriminate against employees because of their gender or sexual orientation in the case of paying wages. Employees shall receive equal pay for equal work or equal value. However, if such differentials are the result of seniority systems, award and discipline systems, merit systems or other justifiable reasons of non-sexual or non-sexual-orientation factors, the above-mentioned restriction shall not apply.&#xd;
(Ⅱ)Employers may not adopt methods of reducing the wages of other employees in order to evade the stipulation of the preceding Paragraph.&#xd;
Article 11&#xd;
(Ⅰ)Employers shall not discriminate against employees because of their gender or sexual orientation in the case of retirement, discharge, severance and termination.&#xd;
(Ⅱ)Work rules, labor contracts and collective bargaining agreements shall not stipulate or arrange in advance that when employees marry, become pregnant, engages in childbirth or child care activities, they have to sever or leave of absence without payment. Employers also shall not use the above-mentioned factors as excuses for termination.&#xd;
(Ⅲ)Any prescription or arrangement that contravenes the stipulations of the two preceding Paragraph shall be deemed as null and void. The termination of the labor contract shall also be deemed as null and void.&#xd;
Chapter Ⅲ Prevention and Correction of Sexual Harassment&#xd;
Article 12&#xd;
(Ⅰ)Sexual harassment referred to in the Act shall mean one of the following two circumstances:&#xd;
1.In the course of an employee executing his or her duties, any one makes a sexual request, uses verbal or physical conduct of a sexual nature or with an intent of gender discrimination, causes him or her a hostile, intimidating and offensive working environment leading to infringe on or interfere with his or her personal dignity, physical liberty or affects his or her job performance.&#xd;
2.An employer explicitly or implicitly makes a sexual request toward an employee or an applicant, uses verbal or physical conduct of a sexual nature or with an intent of gender discrimination as an exchange for the establishment, continuance, modification of a labor contract or as a condition to his or her placement, assignment, compensation, evaluation, promotion, demotion, award and discipline.&#xd;
(Ⅱ)Abuse of power sexual harassment referred to in the Act is the use of one's authority or opportunities to engage in sexual harassment toward individuals under one's command, supervision, or in a professional relationship arising from employment, job seeking, or job execution.&#xd;
(Ⅲ)The provisions of the Act shall apply under any of the following circumstances:&#xd;
1.An employee experiences persistent sexual harassment from the same individual within their employing entity during non-working hours.&#xd;
2.An employee experiences persistent sexual harassment during non-working hours from the same individual within a different employing entity with which they share collaborative work or business relations.&#xd;
3.An employee experiences sexual harassment during non-working hours from the highest-ranking official or employer.&#xd;
(Ⅳ)The determination of sexual harassment in the preceding three Paragraphs shall be based on the background of the incident, work environment, relationship between the parties, the actor’s testimony and conduct, and the counterpart’s perception, taking into account specific facts in each case.&#xd;
(Ⅴ)The central competent authority shall establish a gender equality talent database, compile data on various aspects of sexual harassment prevention, and conduct statistical analysis and management.&#xd;
(Ⅵ)The provisions of Article 13, Article 13-1, Article 27 to Article 30, and Article 36 to Article 38-1 shall also apply to sexual assault crimes.&#xd;
(Ⅶ)In Subparagraph 1 of Paragraph 1, which pertains to acts committed by unidentified individuals in public places or places accessible to the public, the investigations, mediations, and penalties related to sexual harassment incidents shall apply provisions of the Sexual Harassment Prevention Act.&#xd;
(Ⅷ)Highest-ranking official referred to in the Act refers to the following individuals:&#xd;
1.The head of a government agency or institution, school principal, top-ranking officers such as Colonel and above in military organizations and units, chairperson of administrative juristic persons, chairperson of state-owned enterprise organizations, or individuals holding equivalent positions.&#xd;
2.The legal representative of a legal person, partnership, non-legal person group, and other organizations with representatives or managers, or individuals holding equivalent positions.&#xd;
Article 13&#xd;
(Ⅰ)Employers shall take appropriate measures to prevent sexual harassment and shall proceed in accordance with the following provisions:&#xd;
1.Employers with ten or more but fewer than thirty employees shall establish a complaint channel and publicly display it in the workplace.&#xd;
2.Employers hiring over thirty employees, measures for preventing, correcting sexual harassment, related complaint procedures and disciplinary policy shall be established.&#xd;
(Ⅱ)When an employer becomes aware of a situation involving sexual harassment, they shall take immediate and effective corrective and remedial measures as follows. If the victim and the actor belong to different employing entities but have collaborative work or business relations, the actor's employer shall also follow these measures:&#xd;
1.When an employer becomes aware of sexual harassment due to a complaint from the victim:&#xd;
(1) Take measures to prevent the recurrence of harassment against the complainant.&#xd;
(2) Provide or refer the complainant to counseling, medical or psychological counseling, social welfare resources, and other necessary services.&#xd;
(3) Investigate the sexual harassment incident.&#xd;
(4) Administer appropriate disciplinary action or disposition.&#xd;
2.When an employer becomes aware of a sexual harassment incident not resulting from the circumstances in the preceding Subparagraph:&#xd;
(1) Clarify the relevant facts as necessary.&#xd;
(2) Assist the victim in filing a complaint according to their wishes.&#xd;
(3) Make reasonable adjustments to work content or the workplace.&#xd;
(4) Provide or refer the victim, as desired, to counseling, medical or psychological counseling, social welfare resources, and other necessary services.&#xd;
(Ⅲ)Employers, when verifying sexual harassment incidents, shall uphold the principles of objectivity, fairness, and professionalism. They shall provide the involved parties with the opportunity for a full statement and a chance to defend themselves. When necessary to interview the parties, repetitive questioning shall be avoided. If there is an internal complaint-handling unit established in accordance with regulations, the personnel within that unit shall include professionals with gender awareness.&#xd;
(Ⅳ)When an employer receives a complaint from the victim, they shall notify the local competent authority. In cases where, after investigation, it is determined to be a sexual harassment case, the results of the handling shall also be communicated to the local competent authority.&#xd;
(Ⅴ)Local competent authorities shall plan and integrate relevant resources for victims to utilize, and assist employers in implementing the measures specified in each Subparagraph of Paragraph 2. The central competent authority may provide financial support based on the actual financial conditions of local competent authorities.&#xd;
(Ⅵ)The preventive measures taken by employers according to Paragraph 1 shall include information on patterns of sexual harassment, preventive principles, education and training, complaint channels, complaint investigation procedures, criteria and composition for establishing a complaint-handling unit, disciplinary measures, and other relevant measures. The criteria shall be determined by the central competent authority.&#xd;
Article 13-1&#xd;
(Ⅰ)When the accused party of sexual harassment holds a position of authority, and the circumstances are severe, and it is necessary to temporarily suspend or adjust the duties of the accused party during the investigation, the employer may temporarily suspend or adjust the duties of the accused party. If, after the investigation, it is determined that the accusation was not sexual harassment, the salary for the period of suspension shall be retroactively paid.&#xd;
(Ⅱ)In cases where, following an investigation by the employer or the local competent authority, the incident is determined to be sexual harassment and the circumstances are severe, the employer may terminate the employment contract without prior notice within thirty days from the date they become aware of the investigation results.&#xd;
Chapter Ⅳ Measures for Promoting Equality in Employment&#xd;
Article 14&#xd;
(Ⅰ)Female employee having difficulties in performing her work during menstruation period may request one day menstrual leave each month. If the cumulative menstrual leaves do not exceed three days in a year, said leaves shall not be counted toward days off for sick leave. All additional menstrual leaves shall be counted toward days off for sick leave.&#xd;
(Ⅱ)Wages for menstrual leaves, whether said leaves are sick leaves or non-sick leaves as prescribed in the preceding Paragraph, shall be half the regular wage.&#xd;
Article 15&#xd;
(Ⅰ)Employers shall stop female employees from working and grant them a maternity leave before and after childbirth for a combined period of eight weeks. In the case of a miscarriage after being pregnant for more than three months, the female employee shall be permitted to discontinue work and shall be granted a maternity leave for four weeks. In the case of a miscarriage after being pregnant for over two months and less than three months, the female employee shall be permitted to discontinue work and shall be granted a maternity leave for one week. In the case of a miscarriage after being pregnant for less than two months, the female employee shall be permitted to discontinue work and shall be granted a maternity leave for five days.&#xd;
(Ⅱ)The computation of wage during maternity period shall be in accordance with related laws and regulations.&#xd;
(Ⅲ)When pregnant employees are diagnosed by a physician as needing to recuperate, their leave-taking and wage during the period of medical treatment, care, or recuperation, shall be in accordance with related laws and regulations.&#xd;
(Ⅳ)During an employee’s term of pregnancy, their employer shall grant seven days of leave for pregnancy checkups.&#xd;
(Ⅴ)When an employee accompanies their spouse for pregnancy checkups or such spouse is in labor, their employer shall grant the employee seven days off as pregnancy checkup accompaniment and paternity leaves.&#xd;
(Ⅵ)Regular wages shall be paid for pregnancy checkups, pregnancy checkup accompaniment and paternity leaves.&#xd;
(Ⅶ)For the payment of wages for the periods of pregnancy checkups, pregnancy checkup accompaniment and paternity leaves in accordance with the provisions of the preceding Paragraph, employers may apply to the central competent authority for subsidies for the payment of wages for the parts of periods exceeding a five-day period of leave, excluding the situations in which a period of pregnancy checkups, pregnancy checkup accompaniment and paternity leaves of over five days and the regular wages are required to be granted in accordance with other laws or regulations.&#xd;
(Ⅷ)The distribution of the subsidies stated in the preceding Paragraph shall be handled by the Bureau of Labor Insurance of the Ministry of Labor under the appointment by the central competent authority.&#xd;
Article 16&#xd;
(Ⅰ)After being in service for six months, employees may apply for parental leave without pay before any of their children reach the age of three years old. The period of this leave is until their children reach the age of three years old but may not exceed two years. When employees are raising over two children at the same time, the period of their parental leave shall be computed aggregately and the maximum period shall be limited to two years received by the youngest child.&#xd;
(Ⅱ)During the period of parental leave without pay, employees may continue to participate in their original social insurance program. Premiums originally paid by the employers shall be exempted and premiums originally borne by the employees shall be deferred for three years.&#xd;
(Ⅲ)Pursuant to the Family Proceedings Act and the Protection of Children and Youths Welfare and Rights Act, employees having lived with adopted children prior to the adoption may apply for parental leave without pay for the period they have lived together in accordance with the first Paragraph.&#xd;
(Ⅳ)Allowance during parental leave without pay shall be prescribed by other laws.&#xd;
(Ⅴ)Measures for implementing matters concerning parental leave without pay shall be prescribed by the central competent authority.&#xd;
Article 17&#xd;
(Ⅰ)After the expiration of non-pay parental leave referred to in the preceding article, employees may apply for reinstatement. Unless one of the following conditions exists and after receiving permission from a competent authority, employers may not reject such application:&#xd;
1.Where the employers' businesses are suspended, or there are operating losses, or business contractions.&#xd;
2.Where the employers change the organization of their businesses, disband or transfer their ownership to others pursuant to other statutes.&#xd;
3.Where force majeure necessitates the suspension of business for more than one month.&#xd;
4.Where the change of the nature of business necessitates the reduction of workforce and the terminated employees cannot be reassigned to other suitable positions.&#xd;
(Ⅱ)In the case of employers cannot reinstate employees due to the causes referred to in the preceding subparagraph, they shall give notice to the affected employees thirty days in advance and offer severance or retirement payments in accordance with legal standards.&#xd;
Article 18&#xd;
(Ⅰ)For employees who need to personally feed their babies who are less than two years old or need to collect breast milk, their employers shall provide them with the time for feeding or breast milk collection sixty minutes a day. This is in addition to the regular rest period(s).&#xd;
(Ⅱ)For employees who work overtime in excess of 1 hour of daily normal work hours, their employers shall provide them an additional thirty minutes for feeding or breast milk collection.&#xd;
(Ⅲ)The time for feeding or breast milk collection referred to in the preceding Paragraph shall be deemed as working time.&#xd;
Article 19&#xd;
(Ⅰ)For the purpose of raising children of less than three years of age, employees hired by employers with more than thirty employees may request one of the following subparagraphs from their employers:&#xd;
1.To reduce working hours one hour per day; and for the reduced working time, no compensation shall be paid.&#xd;
2.To reschedule working hours.&#xd;
(Ⅱ)Employees hired by employers with less than thirty employees may request to apply the above provisions by discussing with their employers to reach mutual consent.&#xd;
Article 20&#xd;
(Ⅰ)For the purpose of taking personal care for family members who need inoculation, who suffer serious illness or who must handle other major events, employees may request family care leaves. The number of this leave shall be incorporated into leave with personal cause and not exceed seven days in one year.&#xd;
(Ⅱ)The computation of wage during family care leave period shall be made pursuant to the related statutes and administrative regulations governing leave with personal cause.&#xd;
Article 21&#xd;
(Ⅰ)When employees make a request pursuant to the stipulations of the preceding seven articles, employers may not reject.&#xd;
(Ⅱ)When employees enjoy the benefit pursuant to the preceding Paragraph, employers may not treat it as a non-attendance and affect adversely the employees' full-attendance bonus payments, evaluation or take any disciplinary action that is adverse to the employees.&#xd;
Article 22&#xd;
(delete)&#xd;
Article 23&#xd;
(Ⅰ)Employers having one hundred employees or more shall provide the following facilities and measures:&#xd;
1.Breastfeeding (breast milk collection) rooms.&#xd;
2.Childcare facilities or suitable childcare measures.&#xd;
(Ⅱ)Competent authorities shall provide subsidies to employers who have set up breastfeeding (breast milk collection) rooms and childcare facilities or those who provide suitable childcare measures for their employees.&#xd;
(Ⅲ)The regulations governing the standards for setting up breastfeeding (breast milk collection) rooms and childcare facilities or providing childcare measures and the regulations governing the relevant subsidies shall be prescribed by the central competent authority after consultation with other relevant authorities.&#xd;
Article 24&#xd;
For the purpose of assisting those employees who have left their jobs due to the reasons of marriage, pregnancy, childbirth, child care or taking personal care of their families, competent authorities at each government level shall adopt employment service, occupational training and other necessary measures for them.&#xd;
Article 25&#xd;
For those employers who hire the employees who have left their jobs due to the reasons of marriage, pregnancy, childbirth, child care or taking personal care of their families and with outstanding results, competent authorities at each government level may provide suitable rewarding measures for them.&#xd;
Chapter Ⅴ Complaint Procedures and Remedies&#xd;
Article 26&#xd;
When employees or applicants are damaged by the employment practices referred to in Articles 7 to 11 or Article 21 of the Act, the employers shall be liable for any damage arising therefrom.&#xd;
Article 27&#xd;
(Ⅰ)When employees or applicants suffer financial or non-financial damages as a result of sexual harassment, the employer and the harasser shall be jointly and severally liable for damage. However, the employer shall not be liable for damages if they can demonstrate full compliance with the provisions of the Act, implementation of all required preventive measures, and diligent efforts to prevent the occurrence of such damages.&#xd;
(Ⅱ)If compensations cannot be obtained by the injured parties pursuant to the stipulations of the preceding Paragraph, the court may, on their application, take into consideration the financial conditions of the employers and the injured parties and order the employers to pay for a portion of or for the entire damage.&#xd;
(Ⅲ)The employers who have made compensations can seek claims against the harassers.&#xd;
(Ⅳ)When a victim is involved in a legal proceeding as a result of the sexual harassment and is summoned by the judicial authority to appear in court, the employer shall grant them an official leave of absence.&#xd;
(Ⅴ)In cases where the harasser is found liable for damages subject to Paragraph 1 as a result of abuse of power sexual harassment, the court may, upon the victim's request, impose punitive damages ranging from one to three times the amount of actual damages, depending on the severity of the infringement.&#xd;
(Ⅵ)In cases where the actor in the preceding Paragraph is the highest-ranking official or the employer, the victim may request punitive damages ranging from three to five times the actual damages.&#xd;
Article 28&#xd;
When employees or applicants are damaged because employers contravene the obligations referred to in Paragraph 2 of Article 13 of the Act, the employers shall be liable for any damage arising therefrom.&#xd;
Article 29&#xd;
In the circumstances referred to in the preceding three articles, employees or applicants may claim reasonable amounts of compensation even for such damage that are not pecuniary losses. If their reputations have been damaged, the injured parties may also claim the taking of proper measures for the restoration of reputations.&#xd;
Article 30&#xd;
The statues of limitation for damage arising from wrongful acts referred to in Articles 26 to 28 of the Act shall be two years running from the claimants’ knowledge of both the damage and the obligees liable for compensation. The statues of limitation shall be ten years since the harassing conduct or other wrongful acts were committed.&#xd;
Article 31&#xd;
After employees or applicants make prima facie statements of the discriminatory treatment, the employers shall shoulder the burden to prove the non-sexual or non-sexual-orientation factor of the discriminatory treatment, or the specific sexual factor necessary for the employees or the applicants to perform the job.&#xd;
Article 32&#xd;
Employers may establish grievance procedures to conciliate and handle the complaint filed by employees.&#xd;
Article 32-1&#xd;
(Ⅰ)Employees or job applicants who experience sexual harassment shall file a complaint with their employer. However, they may directly file a complaint with the local competent authority in the following situations:&#xd;
1.The accused party is the highest-ranking official or the employer.&#xd;
2.The employer has not addressed the complaint or the complainant is dissatisfied with the results of the investigation or disciplinary actions taken by the accused person's employer.&#xd;
(Ⅱ)The statute of limitation for employees or job applicants to file a complaint with the local competent authority according to the preceding Paragraph shall be as follows:&#xd;
1.When the accused party does not hold a position of authority: If the complaint is filed more than two years after becoming aware of the sexual harassment or more than five years after the harassment occurred, it shall not be accepted.&#xd;
2.When the accused party holds a position of authority: If the complaint is filed more than three years after becoming aware of the sexual harassment or more than seven years after the harassment occurred, it shall not be accepted.&#xd;
(Ⅲ)There are exceptions to the above statute of limitation in accordance with the respective provisions listed below. But if the preceding Paragraph stipulates a longer complaint period, it shall apply:&#xd;
1.When the victim was a minor at the time of the sexual harassment, they may file a complaint within three years from the date of reaching legal adulthood.&#xd;
2.When the accused party is the highest-ranking official or the employer, the victim may file a complaint within one year from the date of leaving their job. However, if more than ten years have passed since the harassment occurred, the complaint shall not be accepted.&#xd;
(Ⅳ)After filing a complaint with the local competent authority in accordance with Paragraph 1, the complainant may withdraw the complaint before a decision is made. After withdrawing the complaint, they may not file a complaint on the same matter again.&#xd;
Article 32-2&#xd;
(Ⅰ)The local competent authority, in the course of investigating sexual harassment complaints filed under Paragraph 1 of the preceding Article, may seek assistance from professionals or organizations, and when necessary, request the assistance of the police.&#xd;
(Ⅱ)When the local competent authority conducts an investigation in accordance with the Act, the accused party, complainant, and individuals or entities invited to assist in the investigation shall cooperate with the investigation and provide relevant information. (Ⅲ)They shall not evade, obstruct, or refuse to cooperate.&#xd;
In cases where the local competent authority accepts complaints in accordance with Subparagraph 2 of Paragraph 1 of the preceding Article, and determines that sexual harassment has occurred or that the original disciplinary result was improper, it may require the accused person's employer to take necessary actions within a specified period.&#xd;
(Ⅳ)The central competent authority shall establish the scope, processing procedures, investigation methods, necessary actions, and other related matters regarding the acceptance of workplace sexual harassment complaints by the local competent authority, in accordance with the preceding three Paragraphs and Article 32-1.&#xd;
(Ⅴ)When the person accused of sexual harassment is the highest-ranking official or the employer, during the investigation by the local competent authority, the complainant may apply to the employer for an adjustment of job duties or work arrangements til thirty days after the investigation results are delivered to the employer. The employer shall not refuse the request.&#xd;
Article 32-3&#xd;
(Ⅰ)Public servants, educators, or military personnel who experience sexual harassment, and when the highest-ranking official as defined in Subparagraph 1 of Paragraph 8 of Article 12 is the actor, shall file a complaint with their superior authority, the competent authority of their affiliated institution, or the supervisory authority.&#xd;
(Ⅱ)When the highest-ranking official or managers of the entity referred to in Subparagraph 1 of Paragraph 8 of Article 12, public schools, various levels of military organizations, units, administrative agencies, and state-owned enterprise organizations at all levels are involved in sexual harassment cases, and the circumstances are serious, during the investigation period, if there is a necessity to temporarily suspend or reassign their duties, it may be done by their superior authority, their respective competent authority, or supervisory authority, or by the service organization, public schools, various levels of military organizations, units, administrative legal persons, or state-owned enterprise organizations to which they belong. However, if there are other laws, those laws shall apply.&#xd;
(Ⅲ)In cases where the principal of a private school or other level of supervisors is involved in sexual harassment cases, and the circumstances are serious, during the investigation period, if there is a necessity to temporarily suspend or reassign their duties, it may be done by the school's competent authority or the service school.&#xd;
(Ⅳ)Individuals whose duties have been temporarily suspended or reassigned in accordance with the preceding two Paragraphs, and whose investigation results do not confirm sexual harassment or who have been determined to have committed sexual harassment but have not been suspended, dismissed, terminated, suspended from work, or not renewed in accordance with relevant laws for public servants, education personnel, or other relevant personnel, may apply for reinstatement in accordance with the regulations of the respective laws and shall receive the corresponding salary, seniority-based salary, or equivalent remuneration for the period of suspension.&#xd;
(Ⅴ)For government political leaders and military personnel, the suspension of duties shall be decided by the higher-level authority or the authority with appointment and removal powers.&#xd;
Article 33&#xd;
(Ⅰ)When employees find out that employer contravene the stipulations of Articles 14 to 20 of the Act, they may file complaints to the local competent authorities.&#xd;
(Ⅱ)When they file complaints to the Central Competent Authority, the Authority shall refer the complaints to the local competent authorities after it receives the complaint or within seven days after the date it has found out the above-mentioned contraventions.&#xd;
(Ⅲ)Within seven days after the local competent authorities have received the complaints, they shall proceed to investigate and may mediate the matters for the both parties in accordance with their competences and authorities.&#xd;
(Ⅳ)The measures for handling the complaints referred to in the preceding Paragraph shall be prescribed by the local competent authorities.&#xd;
Article 34&#xd;
(Ⅰ)When an employee or job applicant discovers that the employer has violated the provisions of Articles 7 to 11, Paragraph 2 of Article 13, Article 21, or Article 36, they may file a complaint with the local competent authority.&#xd;
(Ⅱ)In the case of complaints filed under the preceding Paragraph, the local competent authority shall review them through the Gender Equality in Employment Committee. If the employer, employee, or job applicant disagrees with the disposition made by the local competent authority after the review, they may apply for a review or appeal directly to the central competent authority's Gender Equality in Employment Committee within ten days. If they are dissatisfied with the decision of the central competent authority's Gender Equality in Employment Committee, they may proceed to file an administrative lawsuit.&#xd;
(Ⅲ)For complaints filed under Subparagraph 1 of Article 32-1, after conducting an investigation in accordance with the provisions of Subparagraphs 1 and 2 of Article 32-2, the local competent authority may, except for cases of significant circumstances or special cases disclosed by media reports, make dispositions without going through the review process of the Gender Equality in Employment Committee. If there are objections, an appeal may be filed, and administrative litigation may be conducted.&#xd;
(Ⅳ)The procedures for handling the review and disposition of complaints under Paragraphs 1 and 2 shall be determined by the central competent authority.&#xd;
Article 35&#xd;
The court and competent authorities shall take into account the investigation reports, deliberations, or dispositions made by the Gender Equality in Employment Committee when determining the facts of discriminations.&#xd;
Article 36&#xd;
Employers may not terminate, transfer or take any disciplinary action that is adverse to employees who personally file complaints or assist other persons to file complaints pursuant to the Act.&#xd;
Article 37&#xd;
(Ⅰ)When an employee or job applicant files a complaint with the competent authority or files a lawsuit due to the employer's violation of the provisions of the Act or experiences sexual harassment, the competent authority shall provide necessary legal advice or assistance; such advisory or assistance services may be entrusted to private organizations.&#xd;
(Ⅱ)The measures for providing legal aid referred to in the preceding Paragraph shall be prescribed by the Central Competent Authority.&#xd;
(Ⅲ)The central competent authority may provide subsidies to the competent authorities at the local level for the provision of legal advice or assistance under Paragraph 1, taking into consideration their actual financial condition.&#xd;
(Ⅳ)When employees or applicants file lawsuits referred to in the preceding Paragraph and apply for precautionary proceedings, the courts may reduce or exempt the amounts for surety.&#xd;
Chapter Ⅵ Penal Provisions&#xd;
Article 38&#xd;
(Ⅰ)Employers who violate Article 21, Paragraph 4 of Article 27, or Article 36 of the Act shall be fined no less than N.T.$20,000 but not exceeding N.T.$300,000.&#xd;
(Ⅱ)For those who commit any of the conducts referred to in the preceding Paragraph, their names or titles and the persons-in-charge shall be put on public notice, and they shall be ordered to improve within a specified period. For those who have not improved within the specified period, they shall be fined and punished consecutively for each violation after the aforementioned period expires.&#xd;
Article 38-1&#xd;
(Ⅰ)Employers who violate Articles 7 to 10, Paragraphs 1 and 2 of Article 11 shall be fined no less than NT$300,000 but not exceeding NT$1,500,000.&#xd;
(Ⅱ)Employers who violate the provisions of Paragraph 2 of Article 13 or where the competent authority at the local level, in accordance with the provisions of Paragraph 3 of Article 32-2, issues an order for necessary disposition within a specified period, shall be subject to a fine ranging from NT$20,000 to NT$1,000,000.&#xd;
(Ⅲ)Employers who violate the provisions of Subparagraph 2 of Paragraph 1 of Article 13 shall be subject to a fine ranging from NT$20,000 to NT$300,000.&#xd;
(Ⅳ)Employers who violate the provisions of Subparagraph 1 of Paragraph 1 of Article 13, and fail to make improvements within the specified period, shall be subject to a fine ranging from NT$10,000 to NT$100,000.&#xd;
(Ⅴ)Employers who violate the provisions of Paragraph 5 of Article 32-2 shall be subject to a fine ranging from NT$10,000 to NT$50,000.&#xd;
(Ⅵ)For those who engage in actions as described in the preceding Article or any of the preceding five Paragraphs, their names, the names of their representatives, the date of the penalty imposed, the violated Articles, and the amount of the fine shall be publicly disclosed, and they shall be given a deadline to make improvements; if improvements are not made by the specified deadline, they shall be penalized on each occasion.&#xd;
Article 38-2&#xd;
(Ⅰ)The highest-ranking official or employer who is determined by the competent authority at the local level to have engaged in sexual harassment shall be subject to a fine ranging from NT$10,000 to NT$1,000,000.&#xd;
(Ⅱ)The accused party who violates the provisions of Paragraph 2 of Article 32-2 that avoids, obstructs, or refuses to cooperate with an investigation or provide information and without justifiable reasons, shall be subject to a fine NT$10,000 to NT$50,000.&#xd;
(Ⅲ)The statute of limitations for exercising the power of adjudication under Paragraph 1 shall commence from the date when the competent authority at the local level receives the complaint filed by the complainant pursuant to the provisions of Paragraph 1 of Article 32-1.&#xd;
Article 38-3&#xd;
(Ⅰ)The highest-ranking official referred to in Subparagraph 1 of Paragraph 8 of Article 12, who is determined by the competent authority pursuant to the provisions of Paragraph 1 of Article 32-3 to have engaged in sexual harassment, shall be subject to the penalties prescribed in the preceding Article.&#xd;
(Ⅱ)The statute of limitations for exercising the power of adjudication under the preceding paragraph shall commence from the date when the agency that accepts the complaint pursuant to the provisions of Paragraph 1 of Article 32-3 receives the complaint filed by the complainant under the said provisions, and it shall expire after the lapse of three years. However, if ten years have passed since the completion of the act, the statute of limitations shall apply as well.&#xd;
Chapter ⅥI Penal Provisions&#xd;
Article 38-4&#xd;
The provisions of Article 10, Article 25, and Article 26 of the Sexual Harassment Prevention Act shall apply to sexual harassment incidents as defined in the Act.&#xd;
Article 39&#xd;
The enforcement rules of the Act shall be prescribed by the Central Competent Authority.&#xd;
Article 39-1&#xd;
For cases of sexual harassment complaints that were already pending but not concluded prior to the amendment of the Act on July 31, 2023, and for cases of sexual harassment incidents that occurred before the amendment and have had complaints filed after the amendment, they shall all be concluded in accordance with the provisions after the amendment. However, procedures that have already been initiated shall not be affected by this change.&#xd;
Article 40&#xd;
(Ⅰ)The Act shall become effective on March 8, 2002.&#xd;
(Ⅱ)Except for Article 16 as revised and promulgated on January 16, 2008, and the Articles amended and promulgated on January 12, 2022, for which the enforcement date shall be determined by the Executive Yuan; Paragraphs 2 to 4 of Article 5, Paragraphs 3, 5 to 8 of Article 12, Article 13, Article 13-1, Articles 32-1 to 32-3, Article 34, Articles 38-1 to 38-3 amended on July 31, 2023 shall be enforced on March 8, 2024. The amendments to the Act shall be enforced on the promulgation date.]]&gt;</summary><liaisonper/><liaisontel/><liaisonfax/><liaisonemail/><docs/><images/><videos/><audios/><resources><resources><relateURL>https://law.moj.gov.tw/ENG/LawClass/LawAll.aspx?pcode=N0030014</relateURL><relateName>Gender Equality in Employment Act</relateName></resources></resources></item><item><subject>&lt;![CDATA[Enforcement Rules for Act of Gender Equality in Employment]]&gt;</subject><dataClassName>Workplace Related</dataClassName><pubUnitName>Office of Gender Equality Education</pubUnitName><posterDate>2024-01-17</posterDate><updateDate/><detailContent>&lt;![CDATA[]]&gt;</detailContent><summary>&lt;![CDATA[Article 1&#xd;
The Enforcement Rules are enacted pursuant to Article 39 of the Gender Equality in Employment Act (hereinafter referred to as the “Act”).&#xd;
Article 1-1&#xd;
Before enforcement of Paragraphs 2 to 4 of Article 5 of the Act amended and promulgated on August 16, 2023, various competent authorities have established the gender equality work committees pursuant to Article 5 of the Act, and the committee members who hold the term of office to be expired after enforcement of said amendments may continue to hold the position until expiration of the term of office.&#xd;
Article 2&#xd;
Discriminatory treatments referred to in Articles 7-11, 31 and 35 of the Act shall mean that employers directly or indirectly treat employees or applicants adversely because of their gender or sexual orientation.&#xd;
Article 3&#xd;
The nature of work only suitable to a specific gender referred to in Article 7 of the Act shall mean a work that cannot be accomplished or cannot be possibly accomplished by the applicants or employees of a specific gender.&#xd;
Article 4&#xd;
Deleted&#xd;
Article 4-1&#xd;
When the school an intern attends finds out the intern has encountered sexual harassment, the school shall urge the unit providing the practical training to take immediate and effective action to rectify and remedy the conduct as well as provide the intern with necessary assistance.&#xd;
When an appeal applicant is an intern, the local competent authority may request the education authority and the school the intern attends to conduct joint investigations.&#xd;
Article 4-2&#xd;
The collaborative work referred to in subparagraph 2, Paragraph 3 of Article 12 and Paragraph 2 of Article 13 of the Act means the engagement in the work for common purposes in the same period.&#xd;
The persistent sexual harassment referred to in subparagraphs 1 and 2, Paragraph 3 of Article 12 of the Act means the sexual harassment occurring during both working hours and non-working hours, and also time-intensive in nature.&#xd;
The phrase “become aware of” referred to in the preface of Paragraph 2 of Article 13 of the Act is not subject to the victim’s initiation of the complaint against sexual harassment with the employer only.&#xd;
Article 4-3&#xd;
The local competent authority referred to in Paragraph 4 of Article 13 of the Act means the competent authority of the municipality or county (city) where the victim provides labor services.&#xd;
Article 4-4&#xd;
The employer, employee or job applicant who disagrees with the decision made by the central competent authority’s Gender Equality Work Committee pursuant to Paragraph 2 of Article 34 of the Act as of the date of enforcement of Article 34 of the Act amended and promulgated on August 16, 2023 may file an administrative litigation pursuant to laws, before filing an appeal.&#xd;
Article 5&#xd;
In computation of employees hired referred to in Paragraph 1 to Article 13, Article 19 and Paragraph 1 to Article 23 of the Act, the number of employees shall include those who hired by branch offices and affiliated units.&#xd;
The number of employees hired referred to in Article 19 of the Act shall be calculated by the total amount of employees hired by the employers on the first working day of the month that the employees file their applications or makes their requests.&#xd;
Article 6&#xd;
The computation of the period of maternity leave referred to in Paragraph 1 to Article 15 of the Act shall be computed consecutively according to calendar.&#xd;
Article 7&#xd;
For the seven-day pregnancy checkup accompaniment and paternity leaves referred to in Paragraph 5 of Article 15 of the Act, except that the pregnancy checkup leave shall only be applicable during the gestation period of the spouses, employees shall have the paternity leave during a 15-day window before and after the day their spouses are in labor.&#xd;
Article 8&#xd;
Where a female employee giving child-birth or miscarrying a child during an non-pay parental leave pursuant to Paragraph 1 to Article 16 of the Act and before the expiration of the leave-taking period and if the periods of her maternity leave as prescribed by Paragraph 1 to Article 15 of the Act survive after her reinstatement date, her employer shall still offer them the maternity leave pursuant to the Act. However, the period from the date of child-birth or miscarriage to the date of reinstatement should be deducted from the period of maternity leave.&#xd;
Article 9&#xd;
The labor occupational accident insurance of the labor insurance program shall not be included in the original social insurance programs referred to in Paragraph 2 of Article 16 of the Act that employees are entitled to continuously participate. The employees on leave shall be continuously covered through the original insured units.&#xd;
Article 10&#xd;
For those employees who participate continually in the original social insurance programs referred to in Paragraph 2 to Article 16 of the Act, matters concerning their insurance procedures, insurance amount, payment of premiums and insurance benefit payments shall be processed in accordance with the related statutes and administrative regulations.&#xd;
Article 11&#xd;
Feeding in person referred to in Paragraph 1 to Article 18 of the Act shall also include female employees using containers to store their breast milk in order to feed their babies.&#xd;
Article 12&#xd;
The children referred to in Paragraph 1 to Article 16, Paragraph 1 to Article 18 and Article 19 of the Act mean children born within wedlock, illegitimate children and adopted children.&#xd;
Article 13&#xd;
When employees file applications or make requests pursuant to Articles 15 to 20 of the Act, employers may require them to provide with related verification documentations, if necessary.&#xd;
Article 14&#xd;
The child care facilities or suitable child care measures that employers shall set up for their employees referred to in Paragraph 1 to Article 23 of the Act shall include the facilities or measures that are jointly provided for in conjunction with other employers, or the facilities or measures provided for by other child care institutions or kindergarten that are commissioned by the employer.&#xd;
Article 15&#xd;
The Enforcement Rules shall be enforced as of the date of promulgation.&#xd;
Article 7 of the Enforcement Rules amended and promulgated on January 18, 2022 shall be enforced as of January 18, 2022. Article 9 of the Enforcement Rules shall be enforced as of May 1, 2022. Articles 4-2 and 4-3 of the Enforcement Rules amended and promulgated on January 17, 2024 shall be enforced as of March 8, 2024.]]&gt;</summary><liaisonper/><liaisontel/><liaisonfax/><liaisonemail/><docs/><images/><videos/><audios/><resources><resources><relateURL>https://law.moj.gov.tw/ENG/LawClass/LawAll.aspx?pcode=N0030015</relateURL><relateName>Enforcement Rules for Act of Gender Equality in Employment</relateName></resources></resources></item><item><subject>&lt;![CDATA[Amendments to the Regulations for Establishing Measures on Prevention of Sexual Harassment in the Workplace]]&gt;</subject><dataClassName>Workplace Related</dataClassName><pubUnitName>Office of Gender Equality Education</pubUnitName><posterDate>2024-01-17</posterDate><updateDate/><detailContent>&lt;![CDATA[]]&gt;</detailContent><summary>&lt;![CDATA[Article 1&#xd;
The Regulations are enacted pursuant to Paragraph 6 of Article 13 of the Gender Equality in Employment Act (hereinafter referred to as the “Act”).&#xd;
Article 2&#xd;
An employer who hires more than 10 but less than 30 employees shall set up a hotline, fax, mailbox, email or any other designated complaint channels dedicated to processing sexual harassment incidents.&#xd;
The complaint channels referred to in the preceding paragraph shall be made accessible to employees at a noticeable location, and announced in writing from time to time, via email, online notice or in any other manner accessible to employees.&#xd;
Article 3&#xd;
An employer who hires over 30 employees shall apply the requirements referred to in the preceding article and also establish measures for the prevention, complaint and punishment of sexual harassment in accordance with the Regulations, which shall also be made accessible to the employees.&#xd;
The requirements referred to in the preceding paragraph shall include the following items:&#xd;
1.Implement educational programs to prevent and resolve issues of sexual harassment.&#xd;
2.Promulgate the procedures for complaint and investigation pertaining to processing of sexual harassment incidents, and designate specific personnel or a specific organization to be in charge of these procedures.&#xd;
3.Handle sexual harassment complaints in confidentiality and protect the complainant from any retaliation or other adverse treatment.&#xd;
4.Establish measures for punishing or responding to those who are proven to be perpetrators after a formal investigation.&#xd;
5.Make it clear that when an accused person or employer is found to be ultimately responsible, the employee or job applicant may proceed to file a complaint with the local competent authority in accordance with subparagraph 1, Paragraph 1 of Article 32-1 of the Act.&#xd;
An employer who employs less than 30 employees may follow the requirements referred to in the preceding two paragraphs.&#xd;
Article 4&#xd;
The regulations governing prevention, complaint and punishment of sexual harassment established by a government agency (institution), school, military organization, troop, administrative corporate entity, or state-owned enterprise organization pursuant to the preceding article shall expressly state that when the complainant is a public servant, educator, or military personnel, the complaint and processing procedures applicable to them shall be handled in accordance with Paragraph 3 of Article 2, and Article 32-3, of the Act.&#xd;
Article 5&#xd;
The investigation into sexual harassment claims shall apply the requirements referred to in Paragraphs 1 to 4 of Article 12 of the Act, and also take the following circumstances into consideration as examples of sexual harassment:&#xd;
1.Gazing, touching, hugging, kissing or smelling another person's body inappropriately, or coercing others to do so.&#xd;
2.Sending, retaining, displaying or broadcasting the text, pictures, sounds, videos or materials that refer to or demonstrate any sexual request, sexual activity or gender discrimination.&#xd;
3.Repeatedly harassing or continuing to follow or pursue any person against their will.&#xd;
Article 6&#xd;
An employer shall provide a work environment free of sexual harassment for their employees and applicants. They shall adopt appropriate measures to prevent, correct, punish and handle such conduct and protect the privacy of the parties involved.&#xd;
When an employer becomes aware of a situation involving sexual harassment, the employer shall take the following immediate and effective corrective and remedial measures:&#xd;
1.When an employer becomes aware of sexual harassment due to a complaint from the victim:&#xd;
(1)If desired by the complainant, take adequate to seperate the complant from the accusect measures to prevent the recurrence of harassment against the complainant, and no unfavorable changes shall be made to the complainant’s employment conditions, such as salary, thereafter.&#xd;
(2)Provide or refer the complainant to medical or psychological counseling, social welfare resources, and other services as necessary.&#xd;
(3)Initiate an investigation to interview the personnel involved in the sexual harassment incident or proceed with appropriate investigation procedures.&#xd;
(4)If the accused holds a position of authority, and the circumstances are severe, and it is deemed necessary to temporarily suspend or adjust the duties of the accused during the investigation, the employer may temporarily suspend or adjust the duties of the accused. If, after the investigation, it is determined that the accusation does not sexual harassment, the salary for the period of the accused’s suspension shall be retroactively paid.&#xd;
(5)If the report of sexual harassment is proven to be true, adequate disciplinary action or punishment shall be imposed on the perpetrator. If the incident is considered a serious offense, the employer may terminate the employment contract without prior notice in accordance with to Paragraph 2 of Article 13-1 of the Act.&#xd;
(6)If the report of sexual harassment is proven to be fabricated intentionally, adequate disciplinary action or punishment shall also be imposed on the complainant.&#xd;
2.When an employer becomes aware of a sexual harassment incident not resulting from a complaint as outlined by the preceding Subparagraph:&#xd;
(1)Interview related personnel and clarify and investigate the relevant facts as necessary.&#xd;
(2)Advise the victim of their interests and rights and the various remedies available to them, and assist them in filing a complaint if desired by the victim.&#xd;
(3)Make reasonable adjustments to work content or the workplace of the related personnel.&#xd;
(4)Provide or refer the victim, if they desire, to medical or psychological counseling, social welfare resources, and other services as necessary.&#xd;
If the employer receives the victim’s report on the sexual harassment incident, but the victim is unwilling to file a complaint, the employer shall take immediate and effective corrective and remedial measures pursuant to subparagraph 2 of the preceding paragraph.&#xd;
An employer who hires over 500 employees shall assist in providing psychological counseling at least twice, upon request by the complainant or victim.&#xd;
Article 7&#xd;
If the victim and perpetrator belong to different employing entities but have collaborative work or business relations, the employer of either party shall take the immediate and effective correction and remedial measures referred to in the preceding article pursuant to the following requirements, upon becoming aware of the sexual harassment:&#xd;
1.The employer of either party shall notify the other party, in writing, via fax, verbally or in any other electronic data transmission form, to negotiate for the resolution or remedy together, upon becoming aware of any sexual harassment incident.&#xd;
2.Protect the privacy and personal reputation of the concerned parties.&#xd;
Article 8&#xd;
An employer shall identify the risks of sexual harassment in the work environment and provide necessary prevention measures for employees working at workplaces that can not be directed and managed by said employer, and shall thoroughly inform employees of such information beforehand.&#xd;
Article 9&#xd;
An employer who hires over 30 employees shall implement the sexual harassment prevention education and training measures with respect to the following personnel, in accordance with subparagraph 1, Paragraph 2 of Article 3 herein:&#xd;
1.With respect to the employees, the employer shall have them undergo sexual harassment prevention education and training at the workplace.&#xd;
2.With respect to the personnel holding managerial positions and involved in processing, investigating and resolving complaints of sexual harassment incidents, the employer shall organize related education and training regularly each year.&#xd;
The education and training referred to in the preceding paragraph shall be prioritized and implemented with respect to the following targets:&#xd;
1.The personnel or unit members designated by the employer in accordance with subparagraph 2, Paragraph 2 of Article 3 herein.&#xd;
2.Directors, supervisors, managers and personnel holding managerial positions of any business entity.&#xd;
3.The management of any government agency (institution), school, military organization, troop, administrative corporate entity, or state-owned enterprise organization.&#xd;
Article 10&#xd;
The employer and the personnel involved in processing, investigating and resolving the complaint of any sexual harassment incident shall comply with the following requirements:&#xd;
1.Protect the privacy of concerned parties and individuals invited to assist in the investigation, and the personal reputation of other involved; keep their names or any data sufficient to identify them in confidence, unless the requirements of an investigation constitute a matter of public security.&#xd;
2.Never falsify, fabricate, destroy or conceal any evidence related to sexual harassment in the workplace.&#xd;
Article 11&#xd;
The complainant in a sexual harassment incident may file the complaint verbally, via email or in writing. If the complainant does so verbally or via email, the personnel or unit accepting the complaint shall make documentation of the verbal complaint and read it out to the complainant or ask the complainant to read it in order to confirm its accuracy.&#xd;
The documentation of the complaint filed in writing, verbally or via email, referred to in the preceding paragraph shall be signed or sealed by the complainant and specify the following matters:&#xd;
1.Name, service unit and position title, address or residence, contact telephone number of the complainant and the date of filing the complaint.&#xd;
2.Name, address or residence and contact telephone number of the legal representative or agent of the complainant, if any, attached with document certifying the power of attorney in the case of an appointed agent.&#xd;
3.Facts and pertinent evidence related to the complaint.&#xd;
Upon receipt of the complaint referred to in Paragraph 1, the employer shall notify the local competent authority, in the substance and manner required by the central competent authority, according to Paragraph 4 of Article 13 of the Act.&#xd;
Article 12&#xd;
An employer who deals with a complaint concerning sexual harassment shall handle the matters in secret.&#xd;
An employer who employs over 30 employees shall set up the complaint processing unit. The complaint processing unit shall include professionals with gender awareness. Further, female members should constitute no less than haif of the members.&#xd;
For the purpose of dealing with the complaint against sexual harassment, an employer who employs less than 30 employees and representatives of their employees shall organize a complaint processing unit, and ensure attention to an appropriate proportion of the members’ gender.&#xd;
If the employer is a school, the complaint concerning sexual harassment may be handled by the Gender Equity Education Committee of the school in accordance with the Regulations.&#xd;
Article 13&#xd;
Upon receipt of a complaint, the employer shall uphold the principles of objectivity, fairness and professionalism when conducting the investigation. The investigation procedure shall protect the privacy of concerned parties and the personal reputation of those involved.&#xd;
An employer who hires more than 100 employees shall, in addition to setting up the complaint processing unit pursuant to the preceding article when dealing with a complaint against sexual harassment, form a complaint investigation taskforce to conduct the investigation. The taskforce shall include members from outside the organization who are professionals with gender awareness.&#xd;
The employer shall select the professionals referred to in Paragraph 2 of the preceding article and the preceding paragraph from the workplace sexual harassment investigation professionals database established by the central competent authority.&#xd;
Article 14&#xd;
The result of an investigation by the complaint into a sexual harassment incident shall include the following matters:&#xd;
1.Causes of the complaint for the sexual harassment incident, including any concerned party’s statement.&#xd;
2.Investigation and interview records, including dates and interviewees.&#xd;
3.Determination of facts and reasons.&#xd;
4.Suggestions for the resolution.&#xd;
If the investigation of a complaint against sexual harassment is conducted by the complaint investigation taskforce, the investigation result referred to in the preceding paragraph shall be transferred to the complaint processing unit for review and resolution upon completion of the investigation.&#xd;
Article 15&#xd;
Any person involved in processing, investigating and resolving a complaint against sexual harassment who is the complainant or accused per se, or the spouse or ex-spouse, a relative by blood within the fourth degree of kinship, or relative by marriage within the third degree of kinship of the complainant or accused shall recuse himself or herself voluntarily.&#xd;
If the person referred to in the preceding paragraph who shall recuse himself or herself voluntarily fails to do so, or is believed based on any other specific facts that they have acted in a partisan manner during the processing, investigation or resolution of the incident, although without the relationship referred to in the preceding paragraph in the same subject matter, the complainant or accused may report the causes and facts in writing and apply with the employer, who may request the person to recuse himself or herself. The person requested to recuse himself or herself may submit his or her personal written opinion in response to the request.&#xd;
The person requested to rescue himself or herself shall suspend the processing, investigation or resolution of a sexual harassment incident before the request is permitted or rejected, provided that, in the case of emergency, it is still necessary to take administrate actions.&#xd;
If the person referred to in Paragraph 1 who shall recuse himself or herself fails to do and report is filed by the complainant or accused to request the person’s recusal, the employer shall order the person to recuse himself or herself to be recused.&#xd;
Article 16&#xd;
When convening a meeting, the complaint processing unit or investigation taskforce may notify the concerned parties and related parties to provide an explanation in person and provide the concerned parties with sufficient opportunity for them to state their opinions and defend themselves. Unless it is necessary to question the concerned parties, repeated questioning shall be avoided, and persons with related knowledge and experience may be invited to provide assistance.&#xd;
Article 17&#xd;
Where the investigation of a complaint against sexual harassment is conducted by the complaint investigation taskforce, the complaint processing unit shall take the investigation result into account when resolving the incident.&#xd;
The complaint processing unit shall render its decision with appropriate reasoning. It may also suggest punishment or other proposals for resolving the complaint.&#xd;
The complainant and accused shall be informed in writing of the resolution referred to in the preceding paragraph by the employer.&#xd;
Article 18&#xd;
The employer shall close the case within 2 months as of the date following receipt of a complaint of sexual harassment. If necessary, an extension for no more than one month may be granted, and the concerned parties shall be notified.&#xd;
If the employer fails to resolve the incident or disagrees with the investigation or disciplinary results provided by the employer of the accused, the complainant may file a complaint against the local competent authority in accordance with Article 32-1 of the Act.&#xd;
If the employer fails to take immediate and effective correction and remedial measures upon awareness of a sexual harassment incident, the employee or job applicant may file a complaint with the local competent authority in accordance with Paragraph 1 of Article 34 of the Act.&#xd;
Once the complaint is resolved, neither party may file a complaint for the same incident.&#xd;
Article 19&#xd;
If the report sexual harassment is proven to be true, the employer shall impose adequate disciplinary action or punishment on the perpetrator, and shall notify the local competent authority, in the substance and manner, as required by the central competent authority, according to Paragraph 4 of Article 13 of the Act.&#xd;
Article 20&#xd;
An employer shall adopt follow-up monitoring, evaluation and supervision measures to ensure the effectiveness of the implementation of a punishment and other related corrective measures and prevent the recurrence of similar incidents or the occurrence of retaliatory activities.&#xd;
Article 21&#xd;
The Regulations shall be enforced as of March 8, 2024.]]&gt;</summary><liaisonper/><liaisontel/><liaisonfax/><liaisonemail/><docs/><images/><videos/><audios/><resources><resources><relateURL>https://law.moj.gov.tw/ENG/LawClass/LawAll.aspx?pcode=N0030019</relateURL><relateName>Amendments to the Regulations for Establishing Measures on Prevention of Sexual Harassment in the Workplace</relateName></resources></resources></item></ArrayList>