Regulations of Sexual Harassment Prevention

Article 1
These regulations are promulgated pursuant to Paragraph 4 of Article 7 of the Sexual Harassment Prevention Act (hereinafter referred to as the Act).
Article 2
The patterns of sexual harassment mentioned in Paragraph 4, Article 7 of the Act are defined as verbal, physical or visual harassment related to sex or gender that is against the will of others and unwelcome, or the use of technological devices or exerting power, coercion, threats, or intimidation to make sexual connotations or demands, including the following situations:
1. Words or actions that are humiliating, derogatory, hostile, or harassing;
2. Stalking, observing, or unwelcome pursuit;
3. Peeping or sneaking pictures;
4. Exposing private parts of the body;
5. Using telephones, faxes, electronic communication, Internet, or other devices to display, transmit, or distribute obscene texts, sounds, images, photos, or videos;
6. Taking advantage of someone’s inability to resist kissing, hugging, or touching their buttocks, chest, or other private body parts; and
7. Other behaviors similar to the preceding 6 subparagraphs.
Article 3
The government agencies (institutions), troops, schools, institutions, or employers (hereinafter collectively referred to as institutions) shall adopt appropriate preventions, corrections, disciplinary punishments, and other measures to prevent sexual harassment and effectively protect the parties’ privacy.
Article 4
The institutions shall regularly review the space and facilities of their public areas and publicly accessible places to prevent sexual harassment from occurring.
Article 5
Upon learning of sexual harassment incidents occurring in their public areas or publicly accessible places, the institutions may take the following measures:
1. Respect the victim’s wills and reduce the possibility for the concerned parties to interact with each other;
2. Prevent retaliation;
3. Prevent the perpetrator from the recurrence of sexual harassment; and
4. Take other measures deemed necessary.
Article 6
The institutions are required, according to Subparagraph 1, Paragraph 1, Article 7 of the Act, to establish an access to sexual harassment grievance system/procedure , including, dedicated hotlines, fax numbers, mailboxes, or email addresses, as well as specify processing procedures and designate responsible personnel or units for handling such incidents.
Article 7
The institutions are required, according to Subparagraph 2, Paragraph 1, Article 7 of the Act, to formulate measures of sexual harassment prevention, including:
1. Policy declaration and regulations of sexual harassment prevention;
2. Coordination and handling of sexual harassment incidents;
3. Protection of victim’s privacy;
4. Penalty regulations for perpetrators; and
5. Other preventative measures to sexual harassment.
Article 8
The content of the educational training stipulated in Article 8 of the Act is as follows:
1. For the employees of the institutions:
(1) Knowledge and professional competence of gender equality;
(2) Basic concepts, laws, and prevention of sexual harassment;
(3) The process and methods of sexual harassment grievance; and
(4) Other education related to sexual harassment prevention.
2. For the personnel of the institutions that handle sexual harassment incidents or have management responsibility:
(1) Understand the Gender Equity Education Act, the Gender Equality in Employment Act and the Act, as well as how to handle the incidents;
(2) Awareness and identification of power differentials;
(3) Effective corrections and remedial measures for the sexual harassment incidents;
(4) Victim assistance and rights protection matters; and
(5) Other education related to sexual harassment prevention.
The institutions shall grant the personnel joining the educational training mentioned in the preceding paragraph official leave and subsidies.
Article 9
For government agencies (institutions), troops, and schools with more than 30 organizational members or employees, a grievance processing and investigative unit should be established to handle and investigate the sexual harassment incident.
The number of female members may not be less than 1/2 if there are more than two people in the unit mentioned in the preceding paragraph. The investigative unit may also recruit experts or scholars to be its members if necessary.
Article 10
The institutions assisting in the investigation of the sexual harassment incidents shall cope with the matters in secret and protect the privacy and other rights of the parties involved.
Article 11
While investigating the sexual harassment incident, the investigative unit may notify the concerned parties and the relevant parties to provide an explanation in person, and also invite people with related knowledge and experience to assist.
Article 12
If the investigation shows that the act of sexual harassment is proven to be true, the government agency (institution), troops, or school to which the perpetrator belongs must impose appropriate disciplinary action or punishment on the perpetrator according to the seriousness of the case and adopt follow-up, evaluation, and supervision to prevent the recurrence of sexual harassment or the occurrence of retaliation.
Article 13
The provisions of Article 3; Subparagraphs 1, 3, 4, 5 of Article 7; and Article 8 are applicable to sexual assault crimes.
Article 14
The Regulations herein shall be implemented on the date of promulgation.