• Sexual assault: any sexual offense defined by the Sexual Assault Prevention Act. The types of sexual offense are as follows:
  •  A person who by threats, violence, intimidation, inducing hypnosis, or other means against the will of a male or female and who has sexual intercourse with such person shall be sentenced to imprisonment for not less than three years but not more than ten years.
  • A person who commits an obscene act against a male or female against their will through the use of violence, threats, intimidation, or hypnosis shall be sentenced to imprisonment of not less than six months but not more than five years.
  • A person who takes advantage of the mental or physical handicap, mental or intellectual defect, or a similar condition which makes resistance impossible for intercourse with a male or a female shall be sentenced to imprisonment for not less than three years but not more than ten years.
  • A person who takes advantage of the mental or physical handicap, mental or intellectual defect, or a similar condition which makes resistance impossible for obscene behavior with a male or a female shall be sentenced to imprisonment for not less than six months but not more than five years.
• Sexual harassment: cases described by the following and do not constitute as sexual assaults:
  • Unwelcome remarks or conducts that carry explicitly or implicitly a sexual or gender discriminating connotation and thereby adversely affect the other party’s human dignity, or the opportunity or performance of her or his learning or work.
  • A conduct of sexual or gendered nature that is served as the condition for oneself or others to gain or lose rights or interests in learning or work.

• Sexual bullying: ridicule, attacks, or threats directed at another person’s gender characteristics, gender temperaments, sexual orientation, or gender identity by using verbal, physical or other forms of violence will be under the category of sexual bullying not sexual harassment.

National Taipei University of Nursing and Health Sciences Reporting, Investigation, and Prosecution Procedures for Campus Sexual Assault, Sexual Harassment, and Sexual Bullying Incidents

Forms & Downloads:  https://gender.ntunhs.edu.tw/p/412-1009-804.php?Lang=en

• The victim of an incident of sexual assault, sexual harassment, or sexual bullying on campus or his or her guardian may apply for an investigation in writing to the offender’s school.The school or competent authority shall notify the applicant or offense-reporter whether the application is accepted within 20 days .

• The notification must provide a written explanation for the rejection.Reject the application or offense report if one of the followings applies:
  • Events not prescribed in the regulations of this Act.
  • Applicants or offense-reporters who do not provide their real names.
  • A case that has already been handled and closed.

• When can reapply?  If no notification is received within 20 days, the applicant or offense-reporter may in writing to the school or competent authority. 

• Upon receiving an application or offense report, the school or competent authority shall, within three days, transfer the case to its Gender Equity Education Committee for investigation and handling, unless the second paragraph of the preceding Article applies.

• The Gender Equity Education Committee of the school or competent authority may form an investigation team for the aforesaid case.Members of the aforesaid team should have:
  • gender equity consciousness
  • >1/2  shall be women
  • some members may be invited from outside the school when necessary
  • ≧1/3 from the investigation team at the school level
  • ≧1/2 the competent authority level shall be composed of experts or scholars specializing in the investigation of incidents of sexual assault, sexual harassment, or sexual bullying.
  • The investigation team shall include representative(s) of the applicant’s school when the two parties involved belong to different schools.

• The Gender Equity Education Committee must conclude its investigation within two months of accepting the application or offense report. If necessary, the investigation may be extended twice, with each extension not exceeding one month. The applicant, two offense-reporters, and the offender will be informed of any extensions.

• After the investigation is complete, the Gender Equity Education Committee shall submit a written report to its school or competent authority regarding the investigation and suggestions for handling.

• Upon receiving the investigation report, the school or competent authority must, within two months, issue a decision or refer it to the relevant authority in accordance with this Act or applicable laws. A written notification of the handling conclusion, established facts, and grounds will be provided to the applicant, offense-reporter, and offender.

• If not agreeing with the conclusion referred to the third paragraph of the preceding Article, the applicant and offender may apply in writing with grounds for reapplication within twenty days from the date following the date of receipt of the written notification.

• The aforesaid reapplication may be made only once. The school or competent authority may request its Gender Equity Education Committee to reinvestigate the case under the conditions that major flaws in the investigation procedure, or new facts or evidences that would affect the investigation are discovered.

• If not satisfied with the disposition of the reapplication, the applicant or offender may petition for relief according to the following regulations within thirty days from the date following the date of receipt of the written notification.: Public and private school students: regulations prescribed by the school shall apply