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Chapter 1 General Provisions
Article 1
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.
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.
Article 2
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.
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.
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.
Article 3
The following terms that appear in this Act are hereby defined:
1. Gender equity education: to generate respect for gender
diversity, eliminate gender discrimination and promote substantive
gender equality through education.
2. School, teacher, staff, worker, and student:
1. School: public and private schools of all levels, military
academies, preparatory schools, police academies of all levels, and
juvenile correctional institutions.
2. Teacher: 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.
3. 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.
4. 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.
3. Gender-related incident on campus: 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:
i) Sexual assault: acts constituting criminal sexual assault as
defined in the Sexual Assault Crime Prevention Act.
ii) Sexual harassment: acts meeting one of the following criteria
but not constituting sexual assault:
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.
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.
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.
iv) Sex- or gender-related behavior by a principal or faculty
member 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.
4. Gender identity: an individual's perception and acceptance of his or
her own gender.
Article 4
The central competent authority shall establish a gender equity
education committee whose tasks include:
1. Draft laws, regulations, policies and annual projects related to
gender equity education at national level.
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.
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.
4. Promote research and development of curricula, teaching, and
assessments on gender equity education and related issues.
5. Plan and implement gender equity education personnel training
programs.
6. Provide consultation services related to gender equity education,
and investigate and handle cases pertinent to this Act.
7. Promote gender equity in family education and social education at
national level.
8. Other matters related to gender equity education at national level.
Article 5
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 whose tasks include:
1. Draft regional laws and regulations, policies and annual projects
related to gender equity education.
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.
3. Supervise and evaluate gender equity-related activities carried
out by schools and social education institutions under its
jurisdiction.
4. Promote research on curricula, teaching, and assessments on gender
equity education and related issues.
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.
6. Implement in-service education programs for faculty and personnel
in schools under its jurisdiction.
7. Promote gender equity in family education and social education.
8. Other regional matters related to gender equity education.
The competent authorities for military academies, preparatory schools,
police academies of all levels, and juvenile correctional institutions
shall establish gender equity education committees with the following
responsibilities:
1. Provide appropriate resources to assist the schools under their
jurisdiction in implementing and developing gender equity education.
2. Supervise and assess the implementation of gender equity
education-related work at the schools under their jurisdiction.
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.
Article 6
The school shall establish a gender equity education committee whose
tasks include:
1. Integrate related resources in various departments of the school,
draft gender equity education projects, and implement and examine
the results of the projects.
2. Plan and implement activities related to gender equity education
for students, staff, faculty, and parents.
3. Research, develop and promote courses, teaching, and assessments
on gender equity education.
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.
5. Investigate and handle cases pertinent to this Act.
6. Plan and establish a safe and gender-fair campus.
7. Promote gender equity in family education and social education at
community level.
8. Other matters related to gender equity at school or community level.
Article 7
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.
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.
Article 8
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.
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.
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.
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.
Article 9
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.
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.
Article 10
The competent authority shall designate budgeting in accordance
with all the projects planned by its gender equity education
committee.
Article 11
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.
Chapter 2 Learning environment and resources
Article 12
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.
The school shall prescribe and promulgate regulations for
implementing gender equity education.
Article 13
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.
Article 14
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.
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.
Article 15
The school shall proactively protect the right to education of
pregnant students, and provide needed assistance.
Article 16
Gender equity education shall be included in pre-service training
of staff members, 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.
Article 17
At least one-third of members of Staff Appraisal Committee,
Grievance Review Committee, and Faculty Evaluation Committee
at the school level, as well as the Faculty Grievance 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.
Chapter 3 Curriculum, teaching materials and instruction
Article 18
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.
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.
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.
Universities and colleges shall offer a wide range of courses on
gender studies.
Schools shall develop course planning and assessment methods in
accordance to principles of gender equity education.
Article 19
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.
Article 20
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.
Teachers shall encourage students to take courses in fields that
are not traditionally affiliated with their gender.
Chapter 4 Prevention and handling of gender-related incidents on campus
Article 21
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.
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.
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.
Article 22
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:
1. Report the incident to the school's competent authority.
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.
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.
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.
Article 23
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.
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.
Article 24
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.
Article 25
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.
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.
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.
Article 26
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.
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.
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.
2. Attend eight hours of gender equity education related courses.
3. Other measures that serve an educational purpose.
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.
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.
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.
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.
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.
Article 27
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.
Article 28
The school or competent authority shall establish a database of
gender-related incidents on campus, as well as profiles of offenders.
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.
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.
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.
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.
Article 29
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:
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.
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.
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.
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.
Article 30
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.
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.
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.
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.
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.
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.
Chapter 5 Application for Investigation and Remedy
Article 31
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.
Anyone with the knowledge of the events mentioned in the
preceding Paragraph may report them to the school or competent
authority according to prescribed procedures.
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.
Article 32
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.
The school or competent authority shall reject the application
or offense report if one of the following applies:
1. Events not prescribed in the regulations of this Act.
2. Applicants or informants who do not provide their real names.
3. A case that has already been handled and closed.
The notification in the preceding paragraph shall explain the reason
of its rejection in writing.
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.
Article 33
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.
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.
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.
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.
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.
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.
Article 34
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.
When investigating and handling a case, the gender equity education
committee shall take into account the difference in power between
the two parties.
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.
If the investigation finds that the same individual is involved in
suspected gender-related incidents with different victims, these
cases may be investigated together.
Article 35
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.
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.
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.
Article 36
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.
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.
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.
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.
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.
Article 37
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.
The aforesaid request for reconsideration may be made only once.
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.
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.
Article 38
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.
Article 39
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:
1. School principals and teachers: regulations prescribed by the
Teachers' Act or relevant laws and regulations shall apply.
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.
3. School students: petition the school with which they are
affiliated in accordance with regulations.
The relief provided for in the preceding Paragraph may only be
initiated after the decision on reconsideration has been rendered.
Article 40
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.
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.
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.
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.
Article 41
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.
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.
Article 42
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.
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.
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.
Chapter 6 Penal Provisions
Article 43
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:
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.
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.
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.
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.
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.
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.
Article 44
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.
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.
The school or competent authority shall report any individual who
violates the provisions described in the previous two Paragraphs
in accordance with the law.
Chapter 7 Supplementary Provisions
Article 45
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.
Article 46
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.
Article 47
Enforcement Rules for this Act shall be drawn by the central
competent authority.
Article 48
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.
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