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Law and regulation

Taiwan’s laws mandate teachers to be the responsible reporter when there are concerns of suspicious child abuse and/or sexual harassment that involve students. The mandatory reports definition and procedures are as follows.

 

Mandatory Reports

Reporting Guidelines

Law Reference

Child Abuse

School reports to the 113 hotline and the School Safety Center of the Ministry of Education for potential cases of child abuse. 

 The Protection of Children and Youth Welfare

  and Rights Act

     Article 53

Educational personnel on duty knows one of the following issues relating to children and youth shall report it to the authority within 24 hours:

Ø Use drugs that are harmful to physical or mental health.

Ø Behavior caused by the provisions described in Article 49.

    Abandon.

    Physical and mental abuse.

    Force or seduce children and youth to situate themselves at places which cause immediate danger or harm to the lives and bodies of children and youth.

    Lead or seduce children and youth to any place that will harm their physical and mental health.

Ø Any issue listed in Article 56.

     Improper maintenance or care of children and youth.

     Lack of required immediate medical treatment of children and youth.

     Any other harmful situations.

Sexual harassment

School reports to the 113 hotline and the School Safety Center of the Ministry of Education for potential cases of sexual harrassment/sexual assault . 

Most-seen sexual harassment cases on campus:

Unwelcome sexual jokes

Shaming language or comments on body/sex/gender

Over pursuing

Unwanted touching

Gender Equity Education Act 

Article 2

The terms used in this Act are defined as follows:

Ø   Sexual assault: refers to any sexual offense defined in the Sexual Assault Crime Prevention Act.

Ø   Sexual harassment: refers to any conduct listed below the circumstances of which are not of an extent to constitute a sexual assault:

      Engaging in remarks or conduct that are unwelcome and have explicit or implicit connotations of a sexual nature or of gender bias that adversely affect another person’s human dignity, their opportunity to learn or work, or their learning or work performance.

      Conduct related to using sex or gender as a condition for that person or any others to obtain, lose, or impair their learning or work related rights or interests.

Ø   Sexual bullying: refers to engaging in ridicule, attacks, or threats directed at another person’s gender characteristics, gender traits, sexual orientation, or gender identity using verbal, physical, or other forms of violence that are not in the category of sexual harassment.

 

Regulations on the Prevention and Handling of Sexual Assault, Sexual Harassment, or Sexual Bullying on Campus

l   Article 16

When a school's teacher or employee 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, the person at the school with administrative responsibility shall act in accordance with the following regulations within 24 hours

 

Self-harm

Suicide

School reports to the Suicide Prevention System and the School Safety Center of the Ministry of Education for potential cases of self harm/Suicde.

Suicide Prevention Act

Article 11

l   The central competent authority shall establish a national suicide prevention report system through which the…school faculty and staff, and other related practitioners may engage in suicide prevention reporting upon becoming aware of events of suicidal behaviors.

The identity of the reporting persons shall be kept confidential.

Enforcement Rules of Suicide Prevention Act – Draft

Article 15

Educational personnel shall engage in suicide prevention reporting upon becoming aware of suicidal actions( with/without death) within 24 hours: