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法規名稱(Title) Regulations on the Prevention of Sexual Assault, Sexual Harassment, and Sexual Bullying on Campus Ch
公發布日(Date) 2012.05.24
法規沿革(Legislative) 1.On March 30, 2005, the Ministry of Education Tai-Tsan-Tzu no.0940038714C order
2.On February 10, 2011, the Ministry of Education Tai-Tsan-Tzu no.1000010432C order revised
3.On May 24, 2012, the Ministry of Education Tai-Tsan-Tzu no.1010081429C order revised
法規內文(Content)

Chapter 1   General principles

 

Article 1      These regulations are drawn according to the first paragraph to Article 20 in the Gender Equity Education Act (hereafter referred to as the Act).

 

Article 2      The school shall affirmatively promote prevention education of campus sexual assault, sexual harassment, and sexual bullying to enhance the knowledge and ability of faculty, staff, and students to respect sexuality or body autonomy of others and of one’s own. The following measures shall also be taken:

1Regularly hold educational programs for faculty, staff, and students aimed at the prevention of campus sexual assault, sexual harassment, and sexual bullying; evaluate the effectiveness of these programs.

2Regularly hold in-service education programs each year for members of Gender Equity Education Committee (hereafter referred to as “Committee”) or agencies involved in the handling of campus sexual assault, sexual harassment, or sexual bullying cases.

3Encourage the aforesaid committee members to attend on- and off-campus seminars on the handling of campus sexual assault, sexual harassment, or sexual bullying cases; allow them to register attendance as official leaves and reimburse any associated expenses.

4Promulgate these Regulations through a wide range of channels; includthem in faculty and staff employment contracts and student handbooks.

5Encourage the victim or the complainant in a campus sexual assault, sexual harassment, or sexual bullying case to apply for an investigation or file a report at the earliest possible time in order to facilitate the collection of evidence, investigation, and other handling.

 

Article 3      The school or the competent authority shall compile information on the prevention of and relief measures for campus sexual assault, sexual harassment, and sexual bullying; it shall take the initiative in providing the information to relevant personnel when handling such cases.

 

The aforesaid information shall contain the following items:

 

1. Definition of, classification of, and laws relevant to campus sexual assault, sexual harassment, and sexual bullying cases.

 

2The rights of the victim and the necessary assistance provided by the school.

 

3Mechanisms of investigation application, reapplication, and relief.

 

4Related competent authorities and authorized agencies.

 

5Organizations and networks that provide resources and support.

 

6Other matters deemed necessary by the school’s or the competent authority’s Committee.

 

Chapter 2   Campus safety plan

 

Article 4  In order to prevent incidents of sexual assault, sexual harassment, and sexual bullying on campus, the school shall implement the following measures for enhancing safety:

 

1Regularly inspect the planning for and usage of campus grounds and facilities, evaluating overall campus safety by assessing the arrangement, management, and security of indoor and outdoor areas; the signage system; the emergency help system and secure routes; lighting and visibility; and other important safety factors.

 

2. Record the locations where incidents of sexual assault, sexual harassment, or sexual bullying have occurred on campus, and produce a map illustrating danger areas as necessary.

Referring to subparagraph 1 above, regarding the inspection of the planning for and usage of campus grounds and facilities, the differences of the physical and mental capabilities, or linguistic culture, of students shall be considered, the safety planning and methods of explanation provided meet their needs. The scope of these considerations should extend to on-campus dormitories, bathing and restroom facilities, campus transport, etc.

Article 5      The school shall regularly hold campus space safety inspection workshops and invite professional space designers, faculty, staff, students, and other users of the campus to participate in. The school shall also make public the results of the inspection and pertinent records mentioned in the preceding Article, and inspect the improvement progress of the hazard zones on campus.

 

Chapter 3   Matters needing attention regarding instruction and interpersonal interaction on and off campus

 

Article 6      During performance of work-related tasks and in interpersonal interactions on and off campus, faculty, staff, and students shall respect gender diversity and individual differences.

 

Article 7      Teachers shall not develop intimate relationships that violate professional ethic codes with the student under their instruction, guidance, training, evaluation, management, consultation, or when providing students employment opportunities.

 

Find a teacher-student relationship may violate the professional ethical codes referenced in the paragraph above, the teacher shall take the initiative to avoid further interaction with the student or report the matter to the school for handling.

Should a teacher find that his or her relationship with a student violates the code of professional ethics referenced in the previous paragraph, the teacher shall take the initiative to avoid further interaction with the student or report the matter to the school for handling.

 

Article 8      Faculty, staff, and students shall respect others’ and their own autonomy over their sexuality and body, avoid unwanted sexual advances or requests for dates, and must not use forcible or violent means to handle conflicts related to sex or gender.

 

Chapter 4   Responsible administrative units, procedures, and relief measures for handling incidents of campus sexual assault, sexual harassment, and sexual bullying

 

Article 9      Campus sexual assault, sexual harassment, or sexual bullying cases as defined in the seventh subparagraph of Article 2 of the Act shall include the cases that involve persons employed by or enrolled at different schools.

 

Definitions of terms in the seventh subparagraph of Article 2 of the Act are as follows:

 

1Teacher: full-time teacher, part-time teacher, long-term or short-term substitute teacher, nursing teacher, military instructor, and other instructor, researcher, or teaching intern.

 

2Staff and janitorsperson(s) performing work at the school on a fixed or periodic schedule but not defined as teachers in the preceding subparagraph.

 

3Studentare enrolled in a regular program or a continuing/extension education program or student exchange program.

 

Article 10    The victim of a campus sexual assault, sexual harassment, or sexual bullying incident or his/her legal representative (hereafter referred to jointly as “the applicant”), or a complainant to such an incident, may apply for an investigation or a complainant’s written report to the school where the alleged offender was employed or enrolled at the time of the incident (hereafter referred to as “the school with jurisdiction”). However, if the alleged offender is the principal or president of the school, such application should be made to the competent authority with administrative jurisdiction over the school (hereafter referred to as “the agency with jurisdiction”).

In cases where the incident occurred at a school where the alleged offender was employed part-time, this school shall be considered the school with jurisdiction.

 

1If the alleged offender is the principal or president of the school, the request should be submitted to the school’s competent authority.

 

2By a school where the incident occurred, the request should be submitted to that school.

 

Article 11  In cases where the school or agency with jurisdiction is different from the school at which the alleged offender is employed or enrolled, the school where the alleged offender is currently employed or enrolled shall be notified in writing to send a representative to participate in the investigation; the school so notified may not refuse the request.

 

Should the aforementioned school or agency, after concluding the investigation, determine that an incident of campus sexual assault, sexual harassment, or sexual bullying did in fact occur, it shall provide an investigation report and recommended punishment to the school where the offender is employed or enrolled for handling in accordance with the terms listed under Article 30.

 

Article 12   In the situation described in paragraph 2 of Article 10, the school with jurisdiction shall notify in writing the school where the alleged offender is currently employed on a full-time basis to send a representative to participate in the investigation; the school so notified may not refuse the request.

 

Should the aforementioned school with jurisdiction, after concluding the investigation, determine that a campus sexual assault, sexual harassment, or sexual bullying offense did in fact occur, it shall provide an investigation report and recommended punishment to the school where the offender is currently employed on a full-time basis for handling in accordance with the terms listed under Article 30.

 

Article 13    If at the time of the offense, the alleged offender served in two or more of the following capacities—president/principal, teacher, employee, janitor, or student—the capacity in which he interacted with the victim shall determine the capacity under whose applicable conditions the investigation will be conducted. Moreover, the school or competent authority at which the offender served in this capacity shall handle the investigation.

 

In cases in which it is not possible to determine the capacity in which the alleged offender was serving at the time of the incident, or during a transition period when the alleged offender’s status was indeterminate, as when admission to an academic program was still under consideration, the school with jurisdiction shall be the school handling the application for investigation or complainant’s report. Any and all schools involved in the incident shall send a representative to participate in the investigation.

 

Article 14    If two or more persons who belong to different schools are alleged to have been offenders in the same incident, the school with jurisdiction shall be the school handling the application for investigation or complainant’s report. Any and all schools involved in the incident shall send a representative to participate in the investigation.

 

Article 15    In cases where the school or competent authority accepting the application for investigation or a complainant’s report does not possess jurisdiction in the matter, it shall within seven working days transfer responsibility for the case to a party with such jurisdiction, while informing the involved persons.

In cases where an application for investigation or a complainant’s report is filed during a period of academic transition, such that there is dispute over which school or competent authority has jurisdiction, the determination shall be made by the governing body serving in a supervisory position to both parties. When no such joint authority exists, the governing bodies for the two parties shall make a collaborative determination.

 

Article 16    When a school’s president/principal, teacher, employee, or janitor becomes aware of a possible incident of campus sexual assault, sexual harassment, or sexual bullying, he/she shall immediately notify the person with administrative responsibility, as designated by the school’s regulations for preventing said offenses, in accordance with the terms of the first paragraph under Article 21 of the Act. Moreover, the school’s designated person with administrative responsibility shall, in accordance with applicable legal regulations, notify the social affairs authorities of the municipality, county (city) under whose administrative jurisdiction the school falls, as well as the education agency with jurisdiction. Such notification must be made within 24 hours.

 

When reporting a case according to this Article, the names and other information that may lead to the identification of the victim, the offender or the complainant shall be kept confidential, except for investigation necessity or public safety concerns, or other occasions prescribed by the law.

 

Article 17  An application for an investigation or complainant’s report of a campus sexual assault, sexual harassment, or sexual bullying incident may be made verbally, in writing, or by email. If the application or report is made verbally or by email, the school or agency with jurisdiction shall create a text record of the application and read it out to the applicant or the complainant or ask him/her to read it in order to confirm its accuracy. Subsequently, the text record shall be signed or sealed by the applicant or the complainant.

 

The aforementioned text record of a written, verbal, or email application or report shall contain the following items:

 

1The applicant or the complainant’s name, national identification card number, the institution where he or she is employed or studies , residence and domicile, telephone number, and date of the investigation’s application.

 

2At the time an application for an investigation is made, the applicant shall state the victim’s year, month, and day of birth.

 

3If the applicant authorizes a representative as his or her investigation applicant, an authorization letter shall be submitted containing the representative’s name, national identification card number, residence and domicile, and telephone number.

 

4Factual materials presented in an application for an investigation or complainants reportfor example, relevant evidenceshould be documented in writing or included as attachments.

 

Article 18    If a school or agency with jurisdiction receives an application for investigation of an incident of campus sexual assault, sexual harassment, or sexual bullying, or a complainant’s report, the agencies responsible for accepting the relevant documentation are as follows:

 

1Vocational schools and higher: Student affairs office or a dedicated unit designated by the school.

 

2Senior high schools and lower: Student affairs office or academic counselors office.

 

3Competent authority: Operational unit responsible for handling matters related to the Committee.

 

The aforementioned school or agency with jurisdiction after receiving the application or report shall not only be bound by the particulars given in the paragraph 2 of Article 29 of the Act, but it shall provide within three days the factual and evidential materials from the applicant or complainant to the Committee for handling.

The aforementioned particulars from the paragraph 2 of Article 29 of the Act shall be examined, should it be necessary, by a team of at least three persons designated by the Committee. The school must clearly specify the scope of the responsibilities of this team in its regulations for preventing sexual assault, sexual harassment, and sexual bullying.

Article 19    Incidents of campus sexual assault, sexual harassment, or sexual bullying that have received media coverage shall be treated as having been reported. The affected school or competent authority shall take the initiative to proactively refer the matter to its Committee for investigation. In cases where the suspected victim is not willing to cooperate with an investigation, the school or competent authority shall nevertheless provide required counseling or assistance.

If in handling an incident of bullying, a school discovers that sexual assault, sexual harassment, or sexual bullying may have occurred, such a discovery shall be considered equivalent to a complainant’s report. The school’s team for prevention of bullying shall handle the matter in accordance with the terms of the previous Article.

Article 20    The school or agency with jurisdiction shall send a written notification of whether an application for investigation or complainant’s report has been accepted for further handling to the applicant or the complainant within twenty days after receiving the application or report. Written notification of rejection shall contain reasons as prescribed in paragraph 3 of Article 29 of the Act, and the applicant or the complainant shall be notified of the deadline for a reapplication and the office that accepts a reapplication.

If the applicant or the complainant does not receive a notification by the deadline described in the preceding paragraph or has received notification that an investigation will not be pursued, he/she may reapply in writing with grounds stated to the school or agency with jurisdiction within twenty days from the second date following the date of receipt of the notification. For an applicant who reapplies verbally, the school or agency with jurisdiction shall make a documentation of the reapplication and read it to the applicant or the complainant or ask him/her to read it to confirm its accuracy. The record shall then be signed or sealed by the applicant or the complainant.

Reapplication in the preceding paragraph shall be made no more than once.

After receiving a reapplication, the school or the competent authority shall notify the applicant or the complainant of the reapplication conclusion in writing within twenty days. In the case of reapplication with legitimate grounds, the school or the competent authority shall turn over the investigation application or complainant to the Committee for further handling.

After receiving a reapplication, the school or agency with jurisdiction shall notify the applicant or the complainant of the reapplication conclusion in writing within twenty days. In the case of reapplication with legitimate grounds, documentation for the application or complaint report shall be provided to the Committee for further handling.

 

Article 21    When the Committee of the school or agency with jurisdiction handles a campus sexual assault, sexual harassment, or sexual bullying incident, it may organize an investigation team to handle the case. The team shall be composed of three or five members who shall be appointed according to the paragraph 3 of Article 30 in the Act.

The consultant(s) of the victim and the offender of a campus sexual assault or sexual harassment case shall avoid participation in the case investigation. Person(s) involved in the investigation and handling of a campus sexual assault or sexual harassment case shall also avoid participation in the counseling of the victim and the offender.

Any person serving in the capacity of counselor to the victim or the alleged offender in a campus sexual assault, sexual harassment, or sexual bullying incident shall avoid participation in the case investigation. Any person involved in the investigation and handling of a campus sexual assault, sexual harassment, or sexual bullying case shall also avoid participation in the counseling of the victim or the alleged offender.

 

The school or competent authority at which a member of the investigation team is employed shall record time spent serving on this team as a work-related trip (leave of absence), and the school or the competent authority responsible for the investigation shall pay any transportation or pertinent expenses incurred.

 

Article 22    An expert or scholar specializing in the investigation of campus sexual assault, sexual harassment, or sexual bullying incidents as described in the third paragraph of Article 30 of the Act shall meet one of the following qualifications:

 

1Hold a certificate attesting to the completion of a training program provided by a competent authority at the central, municipality, county or city level for investigators of campus sexual assault, sexual harassment, and sexual bullying. The person(s) shall also be acknowledged by the Committee of the competent authority at the central, municipality, county or city level and included in its investigation specialist database.

 

2Have a proven performance record in the investigation of a campus sexual assault, sexual harassment, or sexual bullying case, and have been approved by the Committee of the competent authority at the central, municipality, county or city level and included in its investigation specialist database.

The campus sexual assault, sexual harassment, and sexual bullying investigation training program described in the first subparagraph of the preceding paragraph shall be organized by the Committee of the competent authority at the central, municipality, county or city level. The program shall contain the following courses:

 

1Basic concepts of sexual assault, sexual harassment, and sexual bullying, as well as pertinent laws and regulations.

2Skills and knowledge to investigate a campus sexual assault, sexual harassment, or sexual bullying case.

3Procedures for handling and administrative coordination of an investigation of a campus sexual assault, sexual harassment, or sexual bullying case.

4Penalties and relief measures applied in cases of campus sexual assault, sexual harassment, and sexual bullying.

5.       Other courses recommended by the Committee.

 

The competent authority at the central, municipality, county or city level shall train specialists in the investigation of campus sexual assault, sexual harassment, and sexual bullying cases on a regular basis, and establish a contact database as a resource for schools or competent authorities at various levels for their appointment considerations.

 

Article 23    The school or agency with jurisdiction shall investigate and handle a campus sexual assault, sexual harassment, or sexual bullying case according to the following principles:

 

1Victim(s) of minor age may be accompanied by their guardians during investigations.

 

2. When an imbalance of power exists between the offender and the victim, a complainant, or a person requested to assist in the investigation, confrontation should be avoided.

 

3. Based on the necessity of the investigation, written information may be produced so long as it does not violate the obligation of confidentiality, and be provided to the alleged offender, the victim, or any person invited to assist in the investigation to be read or summarized.

 

4. The names and other information that may lead to the identification of the victim, the alleged offender, the complainant or persons invited to assist in the investigation shall be kept confidential, except for the necessity of investigation or public safety concerns.

 

5.In cases where an applicant withdraws an application for investigation, to clarify the relevant legal liability, the school or agency with jurisdiction handling the investigation, after the decision of its Committee or the request of the alleged offendermay continue the investigation. The competent authority under whose jurisdiction the school falls shall, where it considers the facts of the case to be of sufficient gravity to warrant it, must direct the school with jurisdiction to continue the investigation.

 

Article 24    The persons bound by the obligation of confidentiality prescribed in paragraph 4 of the preceding Article include all persons participating in the handling of an incident of campus sexual assault, sexual harassment, or sexual bullying.

 

Person(s) who violate the obligation of confidentiality in the preceding paragraph shall be subjected to penalties in accordance with criminal laws and other pertinent regulations.

 

The school or the competent authority shall seal and store all original documents containing the names of the victim, the offender, complainant, and witness. Excepted otherwise provided by the law, these documents should not be examined or make available to any person(s) other than the agency in charge of legal investigation or trial.

 

Except for original documents, the names and information that may lead to the identification of a victim, offender, complainant, or witness shall be deleted and replaced with codes in all documents produced by the investigators of campus sexual assault, sexual harassment, or sexual bullying cases.

 

Article 25    In order to protect the right to education and the right to work of the victim of a campus sexual assault, sexual harassment, or sexual bullying incident, the school or agency with jurisdiction may in accordance with the terms of Article 23 of the Act, prescribe the following measures when necessary, reporting to the competent authority for reference:

 

1Handle the attendance record or achievement assessment of the victim with flexibility; assist the victim’s studies or work affirmatively, and without limitations stemming from regulations pertaining to requests for leaves of absence, and those pertaining to performance appraisals for teachers and students.

2Respect the wishes of the victim, and reduce the chance of interaction between the two parties.

3Avoid situations where vengeful behavior may be undertaken.

4.  Prevent or reduce the possibility of further assault or harassment by the offender.

5. Other measures deemed necessary by the Committee.

 

If the victim is not employed by or enrolled at the school with jurisdiction, the school at which he/she is employed or enrolled shall be notified for handling in accordance with the terms described in the preceding paragraphs.

Any required measures covered in the first two paragraphs of this Article shall be instituted after a resolution is passed by the Committee.

 

Article 26    The school or agency with jurisdiction shall, in accordance with the terms of paragraph 1 of Article 24 of the Act, take the initiative to refer the victim to various agencies able to provide necessary assistance, according to his/her physical and mental condition. However, the school or agency with jurisdiction shall continue to investigate and handle the case according to the Act.

If the victim is not employed by or enrolled at the school with jurisdiction, the school at which he/she is employed or enrolled shall be notified, and in accordance with the terms of the previous paragraph be provided with any required assistance.

 

Article 27    The school or agency with jurisdiction shall, in accordance with the terms of paragraph 1 of Article 24 of the Act, provide the victim with the following appropriate assistance when necessary:

 

1Psychological counseling.

2Channels of legal consultation.

3School work assistance.

4Financial assistance.

5.   Other assistance or protective measures deemed necessary by the Committee.

If the victim is not employed by or enrolled at the school with jurisdiction, the school at which he/she is employed or enrolled shall be notified, and in accordance with the terms of the previous paragraphs be provided with appropriate assistance.

The school or competent authority shall make budgetary provisions for payment of any fees incurred in hiring professionals such as physicians, psychologists, social workers, or lawyers in order to provide the assistance described in the first two paragraphs of this Article.

 

Article 28    The investigation and handling by the Committee shall not be affected by the judicial proceedings and conclusions of the case.

 

The investigation procedure in the preceding paragraph shall not be suspended due to the offender’s loss of his or her status at any point of the procedure.

 

Article 29    In accordance with the principles of deferring to expert judgment and avoiding repeated questioning, the school or agency with jurisdiction shall accept the findings contained in its Committee’s investigation report in determining the facts relating to an alleged incident of campus sexual assault, sexual harassment, or sexual bullying.

 

If the offender, in accordance with paragraph 4 of Article 25 of the Act, submits a written statement, it shall be processed in accordance with the following regulations:

 

1Before conducting a meeting to deliberate on the penalties to be applied, the authorized agencies for determining the penalties shall notify the offender to submit a written statement.

2When a teacher is involved in a sexual assault case, before the Committee holds its meeting, it shall notify the offender to submit a written statement, which shall be handled in the manner prescribed in the preceding paragraph.

 

After having examined the offender’s written statement described in the preceding paragraph, the authorized agencies determining applicable penalties shall not demand a reinvestigation by the Committee, nor proceed an investigation of its own, except in cases prescribed by the third paragraph of Article 32 of the Act.

 

Article 30   After the Committee of the school or agency with jurisdiction  has investigated and determined that a campus sexual assault, sexual harassment, or sexual bullying offense has in fact occurred, the school or agency with jurisdiction shall impose punishment according to pertinent laws or regulations.  If other agencies have the authority to impose punishment according to pertinent laws or regulations, the school or agency with jurisdiction shall turn over the case to those authorized agencies. In cases in which it has been confirmed that a false accusation was made by an applicant for investigation or complainant, an appropriate punishment shall be imposed on the applicant or complainant according to the law.

 

The measures for handling the offender described in paragraph 2 of Article 25 of the Act shall be applied by the school or competent authority responsible for stipulating punishment, and during their application the school or competent authority shall take appropriate measures to ensure that the offender cooperates and complies.

In accordance with the terms of paragraph 2, second subparagraph of Article 25 of the Act, the offender shall be ordered to take an eight-hour educational course in gender equality, with associated planning undertaken by the school’s competent authority.

 

Article31           In the written notification of the handling conclusions sent to the applicant and the offender, the school or agency with jurisdiction shall also provide the investigation report, as well as indicate the deadline for reapplication and the school or institution handling the reapplication.

 

An applicant or offender who objects to the handling conclusion of the school or agency with jurisdiction may reapply in writing with grounds to the school or agency with jurisdiction within twenty days from the date following the date of receipt of the written notification. For those who reapply verbally, the school or the competent authority shall create a text record and read it to the applicant or the offender, or ask him/her to read it to confirm its accuracy. After the accuracy is confirmed, the documentation shall be signed or sealed by the applicant or the offender.

 

After receiving a reapplication, the school or the competent authority shall handle it in accordance with the procedure below:

 

1After the agency designated by the school or the competent authority to handle the application has received the written application form, it shall form an evaluation team. The team shall come to a reasoned judgment, providing a written notification of the decision on the reapplication to the applicant.

 

2The evaluation team described in the previous paragraph shall include three or five experts in gender equity education or legal professionals. Moreover, female members must account for at least one-half of the team. At schools, experts with a background in the investigation of campus sexual assault, sexual harassment, or sexual bullying shall account for at least one-third of the team, while at competent authorities, they shall account for at least one-half of the team.

 

3Members of the Committee or investigation team may not serve as members of the evaluation team.

 

4When the evaluation team conducts a meeting, the members of the team will select a convener who will also chair the meeting.

 

5While the meeting is in progress, should the need arise, the person making the reapplication will be given the opportunity to make a statement, and the members of the Committee or investigation team shall be invited to be present to make an explanation.

 

6When there is cause for a reapplication, the relevant authorized agencies will be informed of the decision on the reapplication, and the authorized agencies shall be responsible to remake a decision.

 

7.     Before the decision of the reapplication as described in the previous subparagraph is sent to the person making the reapplication, the said person may withdraw the reapplication as described in the previous paragraphs.

Article 32    The school or agency with jurisdiction shall appoint an office ad hoc to keep the compiled data according to the first paragraph of Article 27 of the Act.

 

The compiled data in the preceding paragraph shall be categorized into original documents and report documents.

 

The original documents in the preceding paragraph shall contain the following information:

 

1The occurrence time and type of the case.

 

2Pertinent parties of the case (including the complainantthe victim, and the offender).

 

3Person(s) in charge of handling the case, handling process and case records.

 

4Documents, collected evidence and other pertinent information produced during the handling of the case.

 

5The name, job title or student school records, and family background of the offender.

 

The report(s) in the second paragraph shall contain the following information:

 

1The occurrence time and type of the case, and codes representing the parties involved in the case.

 

2. Handling process and conclusion of the case.

 

Article 33    When the school or agency with jurisdiction reports a case according to the paragraph 2 of Article 27 of the Act, the report shall be limited to the occurrence time, type, offender’s name, job title or student school records of a confirmed campus sexual assault, sexual harassment, or sexual bullying case.

After performing follow-up and providing counseling to the offender, if in the estimation of the school or agency with jurisdiction, there is little likelihood of a repeat offense, the offender’s penitence may be indicated in the aforementioned report.

 

Chapter 5   Supplementary Provisions

 

Article 34    The school shall prescribe regulations on the prevention of campus sexual assault, sexual harassment, and sexual bullying in accordance with the principles described in these Regulations, and include Articles 7 and 8 in the employment contract for faculty and in the student handbook.

 

The Regulations in the aforesaid paragraph shall contain the following matters:

 

1Campus safety plans and arrangements.

 

2Matters concerning instruction and interpersonal interactions on and off campus.

 

3Announcements of policies to prevent campus sexual assault, sexual harassment, and sexual bullying.

 

4.   Definition and classification of incidents of campus sexual assault, sexual harassment, and sexual bullying. OK

 

5.   Information such as the administrative unit, phone number, and email address to which to submit an application for investigation or complainant’s report of an incident of campus sexual assault, sexual harassment, or sexual bullying, as well as the procedure to be followed. OK

 

6.   Procedures for the investigation and handling of incidents of campus sexual assault, sexual harassment, and sexual bullying.

 

7.   Procedures for making reapplications for investigation and for relief measures in a campus sexual assault, sexual harassment, or sexual bullying case. OK

 

8Warnings of revenge prohibition.

 

9Protection of privacy.

 

10. Other matters pertinent to the prevention of campus sexual assault, sexual harassment, and sexual bullying.

 

Article 35    A school at the senior high and lower levels may apply for reimbursement from the competent authority under whose jurisdiction that school falls for expenses required for the investigation of an incident of campus sexual assault, sexual harassment, or sexual bullying, or for educational counseling of involved parties.

Article 36    After a school or agency with jurisdiction has completed the investigation and other handling of an incident of campus sexual assault, sexual harassment, or sexual bullying, and its investigation report has been approved by its Committee, the manner of the handling, validation of the procedures followed, the investigation report, and minutes of the Committee’s meeting shall be provided to the competent authority with administrative jurisdiction. In cases where a reapplication is made by an applicant for investigation or by an offender, once a decision on the reapplication has been made, the result should be reported to the competent authority with administrative jurisdiction.

The competent authority under whose administrative jurisdiction the school falls shall, in accordance with the terms of Article 4, Article 5, and Article 11 of the Act, perform evaluations of the school at regular intervals. In addition, the evaluation shall include the campus safety planning regulations and status of improvements to less secure areas of the campus described in Articles 4 and 5, respectively, as well as the school’s performance in preventing and investigating incidents of campus sexual assault, sexual harassment, and sexual bullying in its checklist of items to be regularly evaluated.

When a school investigates an incident of campus sexual assault, sexual harassment, or sexual bullying, the competent authority under whose administrative jurisdiction the school falls shall provide to the school consulting services, guidance and assistance, or appropriate supervision, or rectify errors.

 

Article 37    The Regulations will take effect as of the date of promulgation.