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中國文化大學性別平等教育委員會
歡迎光臨中國文化大學性別平等教育委員會網站
English Q&A

How to Handle Sexual Assault, Sexual Harassment or Sexual Bullying on Campus

Flow of the Acceptances and the Investigation of Sexual Assault, Sexual Harassment or Sexual Bullying on Campus

The Application Form of Sexual Assault, Sexual Harassment or Sexual Bullying on Campus

 

1. What is sexual harassment? What constitutes a sexual assault?
   (1) Sexual assault: They are actions listed in the Prevention of Sexual Harassment Act. The offender 
        uses violence, force, threats, hypnosis, etc. to have sexual intercourse or make obscene actions 
       
towards another against the victim’s will.
   (2) Sexual harassments:
       I. The offender imposes unwelcome sexual or sexually discriminating language or actions upon
          another either explicitly or suggestively, which affects the person’s dignity, study, opportunity
          to work, or performance.
       II. Using sexual or sex-related conduct to receive personal gain or to the dvantage of others or
           causing loss or damage to learning or work

 

2.Under what circumstance should someone file a complaint with the Gender Equality Education
   Committee in our school? Can we file a complaint if the sexual harassment happens on the MRT?

   (1) If one party involved in the sexual harassment is a principal, a teacher, a staff member, a janitor
        or a student, and the other party is a student in the same or different school, the victim can file
        a complaint with the Gender Equality Education Committee at the offender’s school.
   (2) If the incident happens in a public place and the victim knows the organization (government, 
        troop, school, institution, or organization) or the city/county government of the offender, the
        victim can file a complaint there. Then the authority of the offender will proceed with the
        investigation. If the organization or the city/county government of the offender is unknown,
        the victim can ask the police to investigate the incident.

3. If I report the sexual offence case to school, will I be under a spotlight of a news event and will it
    consequently affect my school performance? Are there any methods of protecting the offense-
    reporter/victim?

    During an investigation of a campus sexual harassment case, the offence-reporter/victim will be
    protected by the following methods:
   (1) 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 offense-reporter shall be kept
         confidential, except for the necessary investigation or public safety concerns, or other
         occasions prescribed by the law.
   (2) In order to protect the rights to education and the rights to work of the victim of a campus
        sexual assault or sexual harassment case, the school or the competent authority may
        prescribe the following measures when necessary:
        Handle the attendance record or achievement assessment of the victim flexibly; assist the
          victim’s studies or work affirmatively;
        Respect the wish of the victim, and reduce the chance of interaction between the two parties;
        Deploy necessary measures to prevent revenge;
        Reduce the possibility of further assault or harassment by the offender;
        Other measures deemed necessary by the Gender Equity Education Committee.
   (3) When there is a power imbalance between the offender, victim, the offense-reporter, or
        witness, confrontation(s) shall be avoided. (When necessary, written information may be
        produced without infringing the obligation of confidentiality, and be provided to the offender,
        or be summarized and read to the offender.)

4. Which department should I report to once a student wants to report the sexual harassment case
    and what is the procedure?

   (1) The Student Affairs Office of the school shall be the office to accept investigation applications
        of a campus sexual assault or sexual harassment case.
        Contact person/office: Secretary of the Student Affairs Office
        Contact number: 2861-0511 ext. 12006
       I.  The applicant or the offense-reporter may apply for an investigation of a campus sexual
           assault or sexual harassment case in writing. If the application is made verbally, the school
           or the competent authority shall make documentation of the verbal application and read it
           out to the applicant or the offense-reporter or ask him or her to read it in order to confirm
           its accuracy. Subsequently, the documentation shall be signed or sealed by the applicant
           or the offense-reporter.
       II. The written or documented verbal application shall contain the following items:
           The applicant or the offense-reporter’s name, national identification card number, the 
           institution where he or she is employed or studies, residence and domicile, telephone 
           number, and date of investigation application.
       III. 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.
       IV. The school or the competent authority shall send a written notification of application
            acceptance or rejection to the applicant or the offense-reporter within twenty days after
            receiving the investigation application or report. The applicant or the offense-reporter
            shall be notified of the reapplication deadline and the office that accepts a reapplication.
   (2) Rejection of the application applies to the following situations:
       I.  The reported case is irrelevant to the campus sexual assault or sexual harassment case
       II. The applicant or his/her representative does not reveal his/her real identification.
       III. The same application or case has been investigated and closed.

5. How long does it take to apply for an investigation and have it reported? What are the
    procedures?

    All procedures must be conducted:
   (1) The applicant may apply for an investigation. The Secretary of The Student Affairs Office
         shall accept investigation application. The cases shall then be turned over to the school’s
         Gender Equality Education Committee for investigation within three working days.
         The Gender Equity Education Committee shall send a written notification of application
         acceptance or rejection to the applicant or the offense reporter within twenty days after
         receiving the investigation application.
   (2) The investigation shall be completed within two to four months.
       I. Based on the principle of objectivity, the Gender Equality Committee shall convene those
          directly involved.
       II. The investigation shall be completed within two months. If necessary, the length of the
          investigation may be extended by another one month twice.
   (3) The investigation decision shall be made within two months.
         After the Gender Equality Education Committee investigates the case, it shall be turned over
         to the competent authority e.g. the Student Reward and Punishment Committee to impose
         punishment according to the regulations. A written notification of the investigation
         conclusions shall be sent to the applicants or the offense reporter.

6. What assistance may I have during the investigation?
    The school shall provide the victim the following assistance when necessary:
   (1) Psychological counseling
   (2) Channels of legal consultation
   (3) School work assistance
   (4) Financial assistance
   (5) Other assistance considered necessary by the Gender Equality Education Committee

7. If one was accused of committing a sexual assault or harassment, how would s/he be punished?
    After the investigation, one or more of the following punishment will be imposed by the school
    or the competent authority based on pertinent laws or regulations:
   (1) Based on the pertinent laws or regulations, the offender would receive a letter of warning or
        demerits.
   (2) With the agreement of the victim or their parents or guardians, the offender can make an
        apology.
   (3) An 8 hour sexual equality course may be required for the offender.
   (4) The offender may be forced to undergo psychological therapy.
   (5) Other educationally-oriented measures

8. If the offender objects to the conclusions, what should they do?
   (1) Applicants and offenders who object to the conclusions of the school or the competent 
        authority may reapply in writing with grounds to the school or the competent authority within
        twenty days from the date of receipt of the written notification. For those who reapply
        verbally, the school or the competent authority shall make documentation and read it to the
        applicant or the offender or ask him or her to read it to confirm its accuracy.  After the
        confirmation, the documentations shall be signed or sealed by the applicant or the offender.
   (2) Applicants and offenders who object to the conclusions of the school or the competent
        authority may reapply in writing with grounds to the school or the competent authority within
        thirty days from the date of receipt of the written notification.
       I.   The President or the faculty: following the Teacher’s Act
       II.  The staff: following the Gender Equity Education Act
       III. Other employees: following the Gender Equity Education Act
       IV.The students: reapplying with grounds to the school
   (3) If flaws were found during the investigation process, or new evidence is confirmed and/or
        facts that may influence the original conclusion, the Gender Equity Education Committee
        may reapply for an investigation.
   (4) The school or the competent authority should inform the applicant or offender of the results
        in writing within twenty days after receiving their reapplication.

9. If the accusation is settled, would the record be removed after I leave school?
   (1) In order to continue the act of consultation of the offender, the school where the offender is
        currently attending or serving will be informed within one month.
   (2) The details of the record being transferred to are limited only to the offender’s name,
         student’s record, and/or job titles with the statement legally claiming the occurrence of a
         campus sexual assault or harassment.
   (3) The school being informed should keep the offender under surveillance. Only with a
         legitimate reason should the school publicize the offender’s name or leak any information
         to distinguish the offender’s status.

 

Any differences between the Chinese and English versions resulting from translation of the above information, the Chinese version will take precedence.

 

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