How to Protect Students from Sexual Abuse-

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How to Protect Students from Sexual Abuse

校園性騷擾定義:保護學生免受性侵害

Campus sexual harassment not only affects students' mental health and learning environment but can also have long-term effects on their futures. This article aims to explore the multiple dimensions of campus sexual harassment, including its legal definition, various types of manifestations, and the roles and responsibilities of related personnel within the campus. Through this article, the goal is to enhance public awareness of the issue of campus sexual harassment and promote a safer, more respectful learning environment.

Definition and Types of Campus Sexual Harassment

Campus sexual harassment is an important and sensitive topic. Its legal definition encompasses a range of behaviors intended to protect students, teachers, and other campus members from inappropriate sexual conduct. According to relevant laws, campus sexual harassment can be defined as various behaviors that occur within the campus environment and do not reach the level of sexual assault. These behaviors include, but are not limited to, the following types:

Types of Sexual Harassment	Explanation	Example Explanation
Verbal Sexual Harassment	Using inappropriate language or insinuations, which may include sexual or gender-discriminatory comments, jokes, or teasing.	Making inappropriate comments about someone's appearance or private life, telling sexually explicit jokes.
Physical Contact Sexual Harassment	Includes any inappropriate physical contact or actions that invade personal space.	Unnecessary touching, intentional close proximity, or hugging.
Online Sexual Harassment	Harassment conducted through digital media, such as social networking sites, text messages, or emails.	Sending sexually suggestive messages, inappropriate images, or videos.

Understanding the various forms of campus sexual harassment helps a safe and respectful learning environment. This not only aids students and faculty in identifying acts of sexual harassment but also assists them in taking appropriate actions to prevent such behavior.

Roles and Responsibilities of Educators in Campus Sexual Harassment Scenarios

In cases of campus sexual harassment, educators play a key role, and their responsibilities and actions are crucial in maintaining a safe and respectful environment on campus. Educators are not only conveyors of education but also role models for students, and their behavior directly impacts students' learning and mental health. Educators should have the ability to recognize acts of sexual harassment and actively intervene in prevention. This includes being sensitively aware of inappropriate behaviors among students or between teachers and students, and taking appropriate measures to stop these behaviors. For example, when disrespectful or invasive behaviors are observed among students, educators should intervene promptly, providing necessary guidance and discipline.

Moreover, educators themselves can sometimes be the perpetrators of sexual harassment, which can have a particularly severe impact on students. For instance, some teachers might misuse their authority to engage in inappropriate verbal or physical contact with students. When such cases occur, schools should have clear mechanisms for dealing with these incidents, including investigation, disciplinary action, and providing support for victims. Schools should ensure that all reported incidents are properly handled and protect victims from further harm.

The following is an organized analysis of two different relationships in cases of campus sexual harassment and gender equality: between students and between teachers and students. The analysis includes the applicable legal provisions and legal effects:

Sexual Harassment Among Students

According to Article 26 of the Gender Equality in Education Act, schools can take appropriate disciplinary actions against students who commit sexual harassment. They are also required to mandate the offending students to receive psychological counseling. Additionally, schools can ask the offending students to apologize to the victims with their or their legal representatives' consent, attend an eight-hour course related to gender equality education, and other measures in line with educational purposes. If a student is sexually harassed, according to Article 31(1) of the Gender Equality in Education Act, the harassed student or their legal representative may apply in writing to the harasser's school for an investigation.

If the applicant is dissatisfied with the outcome, as per Article 32(4) of the Gender Equality in Education Act, they can submit a written appeal with reasons to the school or competent authority within twenty days of receiving the written notification. If still dissatisfied with the appeal result, they can seek redress within thirty days of receiving the written notice, as per the methods listed in Article 39 of the same law. Furthermore, if a student suffers mental or physical pain due to sexual harassment, they can request compensation for 'non-property damage' from the harasser according to Article 195(1) of the Civil Code.

Sexual Harassment of Students by Faculty and Staff

In a campus setting, even though faculty and staff have different statuses from students, their interactions should still be based on mutual respect. Especially, faculty and staff should not use their power to sexually harass students. If faculty or staff sexually harass a student, according to Article 25 of the Gender Equality in Education Act, the school can take disciplinary actions against the harassing faculty or staff, such as reprimands, demerits, dismissal, suspension, non-renewal of contract, termination of employment, or other appropriate punishments. This means that the faculty or staff member could lose their job. Additionally, the school should mandate the offender to receive psychological counseling, and may also require the offender to apologize to the victim with their or their legal representative's consent, attend an eight-hour course on gender equality education, and other measures aligning with educational objectives. If a student is sexually harassed by faculty or staff, according to Article 31(1) of the Gender Equality in Education Act, the harassed student or their legal representative can apply in writing to the harasser's school for an investigation.

(Source of Information：National Laws and Regulations Database)

Response Methods and Investigation Procedures for Campus Sexual Harassment

Establishing a clear and effective procedure for responding to and investigating sexual harassment can effectively protect victims and prevent future incidents. This process involves not only students but also faculty and staff, ensuring that all campus members receive help and support when they encounter inappropriate behavior.

When school faculty, staff, and students face suspected sexual harassment or gender equality cases, their response recommendations include the following key points:

Assistance with Reporting: When students or faculty and staff experience or witness sexual harassment, they should immediately report it to the school's designated department or responsible person (such as the Gender Equality Education Committee).
Detailed Recording: Complainants should record the specific details of the sexual harassment incident, including the time and place of occurrence, the people involved, specific actions, and any possible evidence (such as communication records, eyewitnesses, etc.).
Formal Investigation: Upon receiving a report, the school should initiate a formal investigation process. The investigation team should collect information and evidence in a fair and objective manner and conduct a comprehensive assessment of the incident.
Confidentiality and Support: Throughout the investigation process, the school should ensure the privacy and safety of the reporters and the parties involved, and provide services such as psychological counseling and legal support to the victims as needed.
Outcome and Follow-Up Actions: After completing the investigation, the school should take corresponding actions based on the investigation results, such as disciplinary action against the perpetrator, dispute mediation, etc. The school should also continue to track the outcome of the case to ensure the safety and harmony of the campus environment.

By implementing such investigation procedures and mechanisms, schools can effectively handle incidents of sexual harassment, protect the rights of students and faculty, and promote a respectful and safe learning environment. The complete process flowchart is as shown in the handling procedure chart on the Gender Equality Education website of the Ministry of Education.

>Click the link to view the complete handling procedure chart (Ministry of Education Gender Equality Education - Global Information Network)

Remedies for Recognized Campus Sexual Harassment (Based on Our Firm's Practical Experience)

The determination and investigation of sexual harassment is an extremely delicate and complex process. Sometimes, misunderstandings due to miscommunication or other factors may arise. Additionally, if the investigation method is not rigorous enough, it could lead to situations an innocent individual is wrongly identified as a perpetrator of campus sexual harassment by the gender equality investigation team. When individuals wish to appeal, schools often state that appeals can only be made after administrative punishments like demerits are officially imposed, and not simply based on the report. Is this reasoning by the schools justifiable?

Traditional View: Investigation reports are not considered administrative sanctions and cannot be appealed independently.

The Kaohsiung High Administrative Court, in its 2015 ruling (case number 280), adopted a negative view: "Schools or competent authorities make final decisions on cases of campus sexual assault, sexual harassment, or sexual bullying, which are administrative actions that directly have legal regulatory effects. According to Article 32, Paragraph 1 of the Gender Equality Education Act, only the person applying and the person whose behavior is in question may appeal the written outcome based on the investigation report as per Article 31, Paragraph 3, which refers to 'the written outcome made by the school or competent authority based on the Gender Equality Education Act or related laws and regulations.' This does not include the possibility of appealing the investigation report and recommendations made by the school's gender equality committee as per Article 31, Paragraph 2. Therefore, the investigation reports and processing recommendations made by the school's gender equality committee do not constitute administrative sanctions, and thus, cannot be the subject of annulment lawsuits or mandatory duty lawsuits."

De Yi's Successful Case Example: Independent Remedies and Expression of Dissent Possible

In our firm's practical experience, we have argued on behalf of clients that the investigation report itself already makes determinations about the facts of the case and suggests types of penalties. In campus sexual harassment cases, the subsequent phase of disciplinary administrative sanctions often simply adopts the standards determined in the investigation report, making the report essentially the substance of the punishment. In practice, the Ministry of Finance's directive to the Immigration Agency to restrict travel for those with outstanding taxes, which also substantially determines facts and binds subsequent administrative actions, allows individuals to independently seek administrative remedies based on this directive. Our firm has successfully assisted clients in obtaining administrative relief based on this logic, ultimately achieving satisfactory outcomes.

After exploring various aspects of campus sexual harassment, it's clear that understanding, preventing, and addressing campus sexual harassment is a task that cannot be overlooked. From defining sexual harassment, analyzing its types, to emphasizing the responsibilities of educators, and the importance of schools' response methods and investigation procedures, each element is crucial in creating a safe and healthy learning environment. For students, parents, educators, or campus administrators, understanding and possessing accurate information is vital in addressing campus sexual harassment. Professional legal consultation in the face of such issues can provide crucial guidance and help protect your rights. If you or your child face related challenges, seeking a lawyer's assistance can effectively address the situation and protect your and others' rights.

Reference：Gender Equity Education、Gender Equity Education Act

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