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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:
- Regularly 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.
- Regularly 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.
- Encourage the aforesaid personnel 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.
- Promulgate these Regulations through a wide range of channels; include them in faculty and staff employment contracts and student handbooks.
- Encourage 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:
- Definition of, classification of, and laws relevant to campus sexual assault, sexual harassment, and sexual bullying cases.
- The rights of the victim and the necessary assistance provided by the school.
- Mechanisms of investigation application, reapplication, and relief.
- Related competent authorities and authorized agencies.
- Organizations and networks that provide resources and support.
- Other 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 campus sexual assault, sexual harassment, and sexual bullying, the school shall implement the following measures for enhancing campus safety:
- Regularly 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.
- 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 different needs of students of the physical and mental capabilities,
or linguistic culture, shall be considered, such that 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 safety review briefings and invite professional space designers, faculty, staff, students, and other users of the campus to participate.
The school may convene the review briefings referenced in the previous paragraph through electronic means, and shall make the review conclusions and pertinent records public.
The school's review of progress in improving the safety of hazardous campus areas shall be an item in the Committee's working report each school term.
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.
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 Handling mechanisms, procedures, and relief methods 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.
The following terms used in subparagraph 7 of Article 2 of the Act are defined as shown:
- Teacher: full-time teacher, part-time teacher, long-term or short-term substitute teacher, military instructor, volunteer worker assisting in instruction, teaching intern actually engaged in instruction,
or other person engaged in instruction or research.
- Staff member or janitor: person not defined as a teacher according to the preceding subparagraph but performing work at the school on a fixed or periodic schedule, volunteers assisting in school
affairs.
- Student: person enrolled in a school, person not enrolled in a school but in a period of transition between education programs or levels, person undertaking a continuing/extension education program,
an exchange student, an education intern, or research trainee.
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 submit 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 was at the time of the offense or is presently the principal
or president of a school, an application for an investigation or submission of a complainant's written report should be made to the competent authority with administrative jurisdiction over the school (hereafter referred to as "the agency with jurisdiction")
where the alleged offender is presently employed.
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.
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 with jurisdiction determine after concluding the investigation that an incident of campus sexual assault, sexual harassment, or sexual bullying did in fact occur, it shall provide an investigation report and recommended
handling 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 determine after concluding the investigation that a campus sexual assault, sexual harassment, or sexual bullying offense did in fact occur, it shall provide an investigation report and recommended handling
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/she interacted with the victim shall determine the capacity under whose
applicable conditions the investigation will be conducted, as well as the school or agency with jurisdiction.
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.
However, if at the time the application for investigation is made or a complainant's report is filed, the alleged offender and the victim already possess student status, the school at which the alleged offender is enrolled shall be the school with jurisdiction.
Article 14
If two or more persons who belong to different schools are alleged to have been offenders in the same incident, the school that first receives an application for investigation or a complainant's report shall be the school with jurisdiction. 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, in writing or by other forms of communication, immediately notify the person
with administrative responsibility as designated by the school's regulations for preventing said offenses, in accordance with the terms of paragraph 1 of Article 21 of the Act. Moreover, the person at the school with administrative responsibility shall act
in accordance with the following regulations within 24 hours:
- In accordance with applicable legal regulations, notify the competent social affairs authority of the municipality or county/city under whose jurisdiction the school falls.
- Notify the competent authority under whose jurisdiction the school falls.
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 competent
authority 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:
- The 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 application
for investigation.
- At the time an application for an investigation is made, the applicant shall state the victim's year, month, and day of birth.
- If 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.
- Factual materials presented in an application for an investigation or complainant's report—for example, relevant evidence—should 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:
- Vocational schools and higher: Student affairs office or a dedicated unit designated by the school.
- Senior high schools and lower: Student affairs office or academic affairs office.
- Competent authority: Operational unit responsible for handling matters related to the Committee.
After accepting the application/accusation, the aforementioned school or competent authority 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 agency with jurisdiction 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 anti-bullying response team shall
refer the matter to the Committee for handling in accordance with the terms stipulated in the previous Article.
Article 20
The school or competent authority 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 competent authority 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 competent authority 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 competent authority shall forward the application for investigation or the complaint to the Committee to handle reopening of discussion, and provide written notification of the reapplication decision to the applicant
within twenty days. In the case of reapplications with legitimate grounds, the Committee shall handle the investigation in accordance with the law.
Article 21
When the Committee of the school or competent authority 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.
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, or as a supervisor with authority over the Committee's affairs or as a Committee officer 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 work-related travel (leave of absence), and the school or agency with jurisdiction and the school dispatching the team
member to participate in the investigation shall pay any transportation or other pertinent expenses incurred.
Article 22
An expert specializing in the investigation of campus sexual assault, sexual harassment, or sexual bullying incidents as described in the paragraph 3 of Article 30 of the Act shall meet one of the following qualifications:
- Hold a certificate of completion for an advanced 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.
- Have 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:
- Basic concepts of sexual assault, sexual harassment, and sexual bullying, as well as pertinent laws and regulations.
- Skills and knowledge to investigate a campus sexual assault, sexual harassment, or sexual bullying case.
- Procedures for handling and administrative coordination of an investigation of a campus sexual assault, sexual harassment, or sexual bullying case.
- Penalties and relief measures applied in cases of campus sexual assault, sexual harassment, and sexual bullying.
- Other courses recommended by the Committee.
The competent authority at the central, municipality, county or city level shall on a regular basis provide training for specialists in the investigation of campus sexual assault, sexual harassment,
and sexual bullying cases, and establish a contact database, regularly updating and maintaining the information in this contact database as a resource for schools or competent authorities at various levels for their appointment considerations.
If a specialist as referenced in the previous paragraph is found subsequent to a complaint to have violated principles of objectivity, fairness or professionalism, or if he/she is otherwise unfit for the work such that he/she displays evident bias in factual
judgments, and such a circumstance has been evaluated and confirmed by the competent authority at the central, municipality, county or city level, the specialist shall be removed from the contact database.
A person holding a certificate of completion for an advanced training program in investigative techniques for campus sexual assault, sexual harassment, and sexual bullying cases, and whom a Committee established by a competent authority at the central, municipality,
county or city with jurisdiction has approved for and included in an investigator contact database prior to the amendment of these Regulations taking effect on December 24, 2019 may serve as an expert, as described in paragraph 1, for a period of three years
commencing from the date the amendment of these Regulations takes effect, and shall not be limited by subparagraph 1 of paragraph 1.
Article 23
The school or competent authority with jurisdiction shall investigate and handle a campus sexual assault, sexual harassment, or sexual bullying case according to the following principles:
- An alleged offender shall appear in person for investigation; an involved person of minor age may be accompanied by a legal guardian during investigations.
- When a victim or a victim's legal guardian requests that the school at which the victim is presently enrolled not be notified of the case, such a request shall be respected, and notification shall
not be given to the school to dispatch a representative to participate in the investigation.
- When an involved person possesses valid special-needs student certification issued by competent authorities at various levels, the members of the investigation team shall include a special education
professional.
- 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.
- 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.
- When, in accordance with the terms specified in paragraph 4 of Article 30 of the Act, written notification is given to involved persons, or to pertinent personnel or agencies to cooperate with an
investigation and provide information, the investigative purpose, time, location, and consequences for failure to appear shall be recorded.
- The notification referenced in the previous subparagraph shall clearly record that the involved parties may not engage in private communications or use the Internet, messaging software, or other
means to disseminate information about the case.
- Persons affiliated with the school or agency with jurisdiction shall not, under any pretext, undertake to understand or investigate the incident, and may not request an involved person provide a
first-hand account or affidavit.
- When necessary for 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.
- In cases where an applicant withdraws an application for investigation, to clarify the relevant legal liability, the school or competent authority with jurisdiction handling the investigation, after
the decision of its Committee or the request of the alleged offender, may 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,
direct the school with jurisdiction to continue the investigation.
Article 24
The persons bound by the obligation of confidentiality prescribed in paragraph 5 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 competent authority 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:
- Handle 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.
- Respect the wishes of the victim, and reduce the chance of interaction between the two parties.
- Avoid situations where vengeful behavior may be undertaken.
- Prevent or reduce the possibility of further assault or harassment by the offender.
- Other measures deemed necessary by the Committee.
If an involved person 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 competent authority with jurisdiction shall, in accordance with the terms of paragraph 1 of Article 24 of the Act, take the initiative to refer the involved person to various agencies able to provide necessary assistance, according to his/her
physical and mental condition. However, the school or competent authority with jurisdiction shall continue to investigate and handle the case according to the Act.
If the involved person 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 competent authority 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:
- Psychological counseling.
- Channels of legal consultation.
- School work assistance.
- Financial assistance.
- 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, clinical psychologists, counseling 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 competent authority 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 Committee convenes a meeting to evaluate an investigation report and finds that sexual assault, sexual harassment, or sexual bullying has in fact occurred and based on the finding the Committee recommends to the school or competent authority a change
in status for the offender, the school or competent authority shall provide to the offender an investigation report approved at the Committee meeting, notifying the offender to submit a written statement by a specified time.
If the offender does not submit the written statement referenced in the previous paragraph by the specified time, it will be viewed as forfeiting the opportunity to make a statement. If the offender does make a written statement, the Committee shall reconvene
a meeting to consider the offender's written statement, but may not reopen an investigation except in the cases stipulated by paragraph 3 of Article 32 of the Act.
The school or competent authority with the authority to determine applicable penalties shall not demand a reinvestigation by the Committee, nor undertake an investigation of its own, except in the cases prescribed by paragraph 3 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, in accordance with
paragraph 1 of Article 25 of the Act, impose on the offender a reprimand, official demerit, dismissal, suspension, non-renewal of appointment, discharge from employment, termination of contractual relationship, or other appropriate punishment. If other agencies
have the authority to determine punishment according to pertinent laws or regulations, the school or agency with jurisdiction shall turn over the case to those authorized agencies to determine punishment. 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 punitive measures described in paragraph 2 of Article 25 of the Act shall be imposed on the offender by the school or competent authority responsible for stipulating punishment, and during their imposition the school or competent authority shall take
appropriate measures to ensure that the offender cooperates and complies.
The Committee of the school or competent authority imposing the punitive measures referenced in the previous paragraph shall discuss and determine the character, manner of administration, time of administration, and handling of expenses incurred by the provision
of a gender equality education-related course.
The character of, means of enforcing attendance at, time of administration of, and legal consequences of failing to attend the course shall be clearly recorded in the written notification of the case conclusions.
In accordance with the terms of paragraph 2, subparagraph 2 of Article 25 of the Act, the offender shall be ordered to attend an eight-hour gender equality education-related course, 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 competent authority 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 competent authority 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:
- After 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.
- The 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.
- Members of the Committee or investigation team may not serve as members of the evaluation team.
- When the evaluation team conducts a meeting, the members of the team will select a convener who will also chair the meeting.
- While 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.
- When 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.
- 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 designate an administrative unit or personnel to preserve for a period of 25 years the case data that it has compiled in accordance with paragraph 1 of Article 27 of the Act. If the data is preserved using electronic
storage media, an electronic signature or encryption shall be utilized in handling the data when required.
The compiled data referenced in the preceding paragraph shall be categorized as either original documents or report documents.
The original documents referenced in the preceding paragraph shall contain the following information:
- The occurrence time and type of the case.
- Pertinent parties of the case (including the complainant, the victim, and the offender).
- Person(s) in charge of handling the case, handling process and case records.
- Text documents, audio files of recorded interviews, collected evidence and other pertinent information obtained during the handling of the case.
- The name, job title or student school records, and family background of the offender.
- The initial draft of the investigation report submitted by the investigation team and minutes of the Committee meeting.
The report documents referenced in paragraph 2 comprise the investigation report as approved by the Committee; its contents shall include the following items:
- The main points of the application for investigation of the incident, including accounts provided by the involved persons or in complaints.
- Record of interviews conducted during the investigation, including dates and subjects.
- The statements and replies of the person for whose investigation an application was made, of the person applying for the investigation, of witnesses, and of other pertinent persons.
- Assessment of pertinent material evidence.
- Determinations of fact and reasoning thereof.
- Recommendations for handling.
Article 33
Material evidence related to an incident as defined in paragraph 3 of Article 27-1 of the Act that a school or competent authority obtains shall be submitted to the Committee for verification and evaluation after the involved parties are notified to provide
a statement of opinion.
Article 34
When the school or agency with jurisdiction reports a confirmed incident of campus sexual assault, sexual harassment, or sexual bullying in accordance with paragraph 2 and paragraph 3 of Article 27 of the Act, the report shall be limited to the time of occurrence,
the incident type, the offender's name, and the offender's job title or school where he/she is enrolled.
Depending on actual needs, the school or agency with jurisdiction referenced in the previous paragraph shall provide information on counseling, preventive education or pertinent responsive measures, and other required information to the next school where
the offender is enrolled or employed.
After providing follow-up counseling, if the school or competent authority with jurisdiction makes the assessment that there is little likelihood of a repeat offense, the offender's penitence may be indicated in the report referenced in paragraph 1.
Chapter 5 Supplementary Provisions
Article 35
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:
- Campus safety plans and arrangements.
- Matters concerning instruction and interpersonal interactions on and off campus.
- Announcements of policies to prevent campus sexual assault, sexual harassment, and sexual bullying.
- Definition and classification of incidents of campus sexual assault, sexual harassment, and sexual bullying.
- 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.
- Procedures for the investigation and handling of incidents of campus sexual assault, sexual harassment, and sexual bullying.
- Procedures for making reapplications for investigation and for relief measures in a campus sexual assault, sexual harassment, or sexual bullying case.
- Warnings of revenge prohibition.
- Protection of privacy.
- Other matters pertinent to the prevention of campus sexual assault, sexual harassment, and sexual bullying.
Article 36
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 37
After a school or competent authority 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 38
The Regulations will take effect as of the date of promulgation. |