靜宜大學工作場所性騷擾防治辦法

Providence University Workplace Sexual Harassment Prevention Regulations

Amended and approved in the Administrative Meeting on November 20, 2024

Article 1 (Legal Basis)
In order to prevent sexual harassment, protect the rights and interests of victims, and provide a work environment free from sexual harassment, Providence University hereby establishes the Workplace Sexual Harassment Prevention Regulations (hereinafter referred to as “these Regulations”) in accordance with the Act of Gender Equality in Employment, its Enforcement Rules, the Sexual Harassment Prevention Act, the Guidelines for the Prevention of Sexual Harassment in the Workplace, and other relevant regulations.

Article 2 (Definition)
The term “sexual harassment” as used in these Regulations refers to the situations described in Article 12 of the Act of Gender Equality in Employment and Article 2 of the Sexual Harassment Prevention Act.
These Regulations apply when Providence University faculty or staff (including full-time and part-time faculty and staff, contract employees, project personnel, and other personnel employed under various projects) are involved in such situations. However, when cases fall under the jurisdiction of the Gender Equity Education Act, these Regulations shall not apply.

Article 3 (Prevention Responsibilities and Measures)
To prevent sexual harassment, the University shall implement the following measures and initiatives:

1. Take immediate and effective corrective and remedial actions upon becoming aware of sexual harassment.
2. Conduct education and training programs on the prevention of sexual harassment.
3. Issue written statements prohibiting workplace sexual harassment.
4. Establish procedures for filing complaints regarding sexual harassment incidents.
5. Provide dedicated hotlines, fax numbers, mailboxes, or email accounts for complaints, and publicly post these Regulations and related information in prominent locations on campus.
6. Handle complaints confidentially to protect complainants from retaliation or other disadvantageous treatment.
7. Refer parties in need of counseling or medical care to relevant university units or specialized institutions for psychological or medical support.
8. Impose disciplinary measures on offenders once allegations are confirmed through investigation.

Article 4 (Filing a Complaint)
When the alleged perpetrator is a university faculty or staff member, the victim may file a complaint with the Personnel Office. If the alleged perpetrator is the President of the University, the complaint shall be submitted to the Ministry of Education.
If the alleged perpetrator is not a university faculty or staff member, the University shall still take appropriate emergency measures and transfer the complaint and related documents to the Taichung City Government within seven days.
Complaints must be submitted with the complainant’s real name, either verbally, in writing, or by email, to be valid. Oral complaints shall be recorded by the receiving personnel, read aloud to the complainant, or reviewed by the complainant for confirmation, and then signed or stamped. Telephone complaints must be supplemented in writing within three days; otherwise, they may not be accepted.

The written complaint shall include:

1. Complainant’s name, gender, date of birth, national ID/passport number, department and position, address, contact number, and date of complaint.
2. If an agent is authorized, the power of attorney must include the names, addresses, contact numbers, and date of authorization of both the complainant and the agent.
3. A description of the facts, details of the complaint, and related evidence.

If the complaint does not meet these requirements but is correctable, the complainant shall be notified to make corrections within 14 days.

Article 4-1 (Time Limits and Non-Acceptance)
Victims may file complaints within the following time limits:

1. For cases other than power-related sexual harassment: within 2 years from becoming aware of the incident, but no later than 5 years from its occurrence.
2. For cases involving power-related sexual harassment: within 3 years from becoming aware of the incident, but no later than 7 years from its occurrence.

If the victim was a minor at the time of the incident, they may file within 3 years after reaching adulthood, unless longer periods apply under the provisions above.

Complaints will not be accepted in the following situations:

1. The complaint is filed after the deadline.
2. The complaint fails to follow legal procedures, cannot be corrected, or corrections are not made within the specified time limit.
3. The same case has already been withdrawn, deemed withdrawn under Article 21, Paragraph 5 of the Sexual Harassment Prevention Act, or dismissed under Article 9, Paragraph 3 of these Regulations.

Article 5 (Investigation Committee)
An investigation committee of three or five members may be formed to handle complaints. Members shall include one or two faculty representatives, one or two staff representatives, and at least one expert with professional knowledge of sexual harassment or sexual assault investigations.
Members are appointed by the President from full-time university faculty or staff. The committee must not be composed of a single gender, and female members shall comprise at least half of the committee. If necessary, external experts may be invited.
Investigations may also be delegated to the Gender Equity Education Committee, in accordance with the Act of Gender Equality in Employment or the Sexual Harassment Prevention Act.

Article 6 (Procedures)
The Personnel Office shall notify the complainant of whether the case will be accepted within 20 days.
For cases under the Act of Gender Equality in Employment, the University shall notify the Taichung City Government and report the case to the Ministry of Labor’s workplace sexual harassment reporting system.
The investigation committee shall complete the investigation within 2 months of accepting the complaint. If necessary, the period may be extended by 1 month, and the parties shall be notified.
Investigation results and handling decisions shall be provided in writing to both parties and reported through the notification system.
If the University fails to handle the case, or if the complainant is dissatisfied with the investigation or disciplinary decision, they may file a complaint directly with the Taichung City Government under Article 32-1 of the Act of Gender Equality in Employment.

Article 7 (Confidential Investigation and Obligation of Confidentiality)
Investigations shall be conducted confidentially to protect the reputation and privacy of both parties. All persons involved, including committee members, shall maintain confidentiality regarding all aspects of the investigation.

Article 8 (Investigation Principles)
Investigations shall be conducted objectively, fairly, and professionally, and both parties shall have the opportunity to present opinions and respond.

Article 9 (Case Closure)
The investigation committee shall make a written decision with clear reasoning on whether sexual harassment occurred, and may recommend disciplinary or other measures. Both parties shall be notified in writing.
Both parties may file an appeal with the Personnel Office within 20 days of receiving the decision, with written reasons attached.
Once a case is closed, no new complaints may be filed on the same matter.

Article 10 (Appeals)
Upon receiving an appeal, the Personnel Office shall request the President to form a review committee, which must make a written decision with reasons within 30 days and notify the appellant.
The review committee shall be formed in the same manner as the investigation committee. Original committee members may not serve.
During review, appellants may present opinions, and gender equity committee members or investigation members may be invited to explain.
If the appeal is upheld, the decision shall be forwarded to the Faculty Evaluation Committee or the Staff Evaluation Committee for reconsideration.
Before the decision is delivered, the appellant may withdraw their appeal in writing.

Article 11 (Disciplinary Action and Restoration of Reputation)
If no appeal is filed or the appeal is dismissed, the case shall be forwarded to the Faculty or Staff Evaluation Committee for appropriate disciplinary action, depending on severity. Both parties and the Taichung City Government shall be notified.
If the complainant’s reputation has been damaged, the University shall assist in restoring it appropriately. If the complainant is found to have made a false accusation, disciplinary or other measures may be imposed accordingly.

Article 12 (Protection and Supervision)
The University shall take appropriate protective measures for the parties involved, monitor and follow up on the enforcement of decisions, and ensure no harassment, retaliation, or other disadvantageous treatment occurs.

Article 13 (Counseling and Medical Referral)
When necessary, the University may refer parties to professional counseling or medical institutions.

Article 14 (Implementation)
These Regulations shall be implemented following approval by the Administrative Meeting and announcement by the President. The same procedure applies to amendments.