A Study on the Application and Remedies of Sexual Assault and Sexual Harassment on Campus

• Main Authors: Chang, Yu-Chi, 張鈺琪
• Other Authors: Wang Jung Sheng
• Format: Others
• Language: zh-TW
• Published: 2012
• Online Access: http://ndltd.ncl.edu.tw/handle/09134971243982813645

碩士 === 玄奘大學 === 法律學系碩士班 === 100 === 　　The sexual assault and harassment on campus will repeat itself if the teacher committed the offense is not expelled from the campus. The schools did not follow the laws is the reason these offenses cannot be eradicated. The schools and the Minster of Education dodged the problems is the causes of difficulty for promoting sexual equality education. The purpose of this study is to safeguard the students’ interests, to analyze power abuses on campus, to prevent from the prevalence of unfitted teacher, to preserve campus security, to guarantee sexual autonomy, to eradicate sexual assault and harassment on campus. As a result of this study, the author urges the legislators, executive officers and school administrators to give high regard to the rights of campus minorities, to conduct impartial investigation on gender equality cases free from external interferences, and to establish a fair, just, and open procedure on campus for reporting and dismissing unfitted teachers. Only by effectively listing and grasping unfitted teachers, may the sexual assault and harassment on campus be completely eradicated. 　　Besides analyzing the laws for criminal and administrative illegal sexual offensive conducts and its application, this article also studies issues arising from campus sexual assaults and harassments committed by unfitted teachers, extramarital affairs or teacher-student love affairs occurred on campus, and the transfer of dismissed teachers to private tutoring classes which may enlarge the scope of problem. Also, this article attempts to clarify the issues for processing sexual assault and harassment cases, and to study the extra-campus remedies based on Judicial Yuan Interpretation No. 684. It is hoped that this study may benefit the victims of sexual assaults and harassments on campus. 　　The author found that legislation alone is not the best medicine for curing sexual assaults and harassments on campus. It remains for the school and administrative organ in charging education to execute the gender equality laws faithfully. The author hopes that the results of this study may be considered for law revisions in the future, so as to protect the students’ interests, to analyze power abuses on campus, to stop the prevalence of unfitted teacher, to preserve campus security, to guarantee sex autonomy, to eradicate sexual assault and harassment on campus; finally, to realize substantive gender equality, to eradicate sexual discrimination, to guarantee personal dignity; and, ultimately, to establish a fair and equal educational environment and to distribute educational resources in accordance with gender equality.