Analysis for Relief Litigation of Administrative Disposition on Gender Equity Education Act of Teachers at High Schools and Lower Levels -With the Judgement of the High Administrative Court

• Main Authors: Lee, Chi-Hung, 李其鴻
• Other Authors: Kuo,Tien-Tsai
• Format: Others
• Language: zh-TW
• Published: 2018
• Online Access: http://ndltd.ncl.edu.tw/handle/86z4u5

碩士 === 國立政治大學 === 學校行政碩士在職專班 === 107 === For more than decades the Gender Equity Education Act have been practicing until now. still to continued to exist of sexual assault, sexual harassment, or sexual bullying on campuses.the provision of Chapter 4 on Prevention and Handling of Sexual Assault, Sexual Harassment, and Sexual Bullying on Campus of the Gender Equity Education Act once an incident of sexual assault, sexual harassment, or sexual bullying on campus has been investigated and established as having actually occurred by the school or competent authorities in accordance with the pertinent laws or regulations, the school or competent authorities shall itself impose a formal reprimand, demerit, dismissal, suspension, non-renewal of contract, or some other appropriate penalty on the offender, or transfer him or her to another authorized agency with the jurisdiction to do so. but if not satisfied with the disposition of the reapplication, the applicant or offender may petition for relief, the people shall have the right of presenting petitions, lodging complaints, or instituting legal proceedings by constitution regulation.This study is based of judicial relief system, analysis whether an applicant or offender is dissatisfied with the administrative disposition request relief litigation by the competent authorities pursuant of Gender Equity Education Act.are as follows: Analysis of the Implementation effectiveness of Gender Equity Education Act by relief litigation. This study is divided into legal research and analysis of practicing decisions. In the research section of legal theory, the basic principles explored on both of development process of Gender Equity Education Act and the concept of administrative disposition by through literature review,as the basic theory for the analysis of practicing judgments. based the divide the pattern of relief and calculate the proportion of each pattern by in accordance with the jurisdiction of the High Administrative Court, Then checking the effectiveness of the implementation of Gender Equity Education Act in practice by the proportion of relief patterns. The results of this study were mainly found are as follows: The improvements in the implementation effectiveness of Gender Equity Education Act are as follows: (1) The sexual assault and sexual harassment are still full of campus. (2) The teacher’s lacking of knowledge of the principle of administrative relief, as a result very much of appealing dismissed on litigations. (3) The curriculum, teaching materials and instruction of Gender equity education Act cannot be evaluation implementation effectiveness by judicial relief. (4) The schools should have a cognition of establishing a safe environment for learning. (5) The incident Sexual bullying on campus has not enter administrative relief litigations, cannot identified as a school teacher is the offender. (6) The school gender equity education committee representatives should be more professional.