Approved by University Affairs Meeting on May 19, 2015
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On the basis of:
- Article 8, Paragraph 2 of the Educational Fundamental Act
- The Guidelines for Prevention of Campus Bullying
- The Ministry of Education’s “Implementation Plan for Prevention of Campus Bullying in Universities, Colleges, and Schools”
- Actual needs based on the University’s current situation
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Purpose: These Implementation Guidelines are established in order to prevent on-campus bullying incidents, establish effective prevention mechanisms and streamline handling of related issues.
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Applicable to: National Tsing Hua University students
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Implementation regulations:
- Educational advocacy:
- Rule of law education, moral character education, human rights education, life education, gender equality education, information ethics education, prevention of delinquency, and victim advocacy are incorporated into freshman orientation activities and classes. These, together with timely use of educational opportunities provided by major incidents, encourage students to request investigation or report campus bullying incidents as soon as possible, so that the University is able to gather evidence and handle the incident.
- The Student Affairs Division handles advocacy for diverse and active education, deepening students’ moral character education, human rights education, life education, gender equality education, information ethics education, prevention of delinquency, and victim advocacy.
- The Office of Academic Affairs handles moral character education, human rights education, life education, gender equality education, information ethics education, prevention of delinquency, and victim advocacy training for teachers, strengthening teachers’ knowledge.
- The first week of each semester is promoted as the “Friendly Campus Week”, and a series of activities is planned on the themes of anti-bullying, anti-drugs, and anti-crime.
- During training for new teachers, and department or graduate school affairs meetings, special reports are implemented on the prevention of campus bullying, strengthening educators’ anti-bullying knowledge.
- Incident Handling:
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When faculty, staff, or students are aware of a suspected campus bullying incident, they should report the incident immediately.
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The Division of Student Life Guidance has established a 24-hour anti-bullying hotline (telephone: 03-5711814, campus extension no. 66666). A designated operator will answer the call and should immediately set up a case after being notified of an incident, transferring the case to the relevant committee for investigation and handing depending on its category, and complete a campus incident notification.
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The Student Reward and Punishment Committee (bullying incidents between students), Gender Equity Education Committee (sexual bullying incidents), and the Student Appeals and Arbitration Committee (bullying incidents between teachers and students) shall handle and investigate campus bullying incidents and recommend punishments.
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The relevant committee should complete case handling within two months after the campus bullying incident case is filed; the complainant and perpetrator should be provided the investigation report and case outcome in writing, as well as how to apply for review and the pertinent time limits in the event that a party is not satisfied with the outcome.
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For cases involving criminal conduct, handling shall be suspended during the judicial investigation, and investigation and handing should be carried out according to relevant regulations after the judicial investigation is completed.
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University counsellors (including military instructors) and teachers should contact the parents of students involved for assistance when a campus bullying case occurs.
- Counseling intervention:
- A counseling group will be set up for the campus bullying behavior, made up of academic tutors, academic administrators, counselors, parents, or professional counsellors, depending on the needs of the case, to strengthen counseling.
- If the campus bullying behavior is serious, the police and social affairs units should be immediately notified, or judicial assistance may be sought.
- If students are still unable to change their deviant behavior following the University’s counseling evaluation, parental consent may be sought for referral to professional counseling or correctional counselling by medical institutions. The University counseling team should continue to pay attention to the case and stay in touch with the professional counseling provider or medical institution, and may formally follow up the counseling progress and contact judicial bodies when necessary.
- During incident handling and counseling, in addition to timely and correct handling, prevention of data leakage should also be ensured to ensure the privacy of the parties involved.
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These Implementation Guidelines shall be adopted after approval at the University Affairs Meeting.
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The victim of bulling or his/her legal representative requests an investigation.
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The academic tutor or other University personnel becomes aware of the bulling.
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Notification by students, media, the public, the police, or other units.
Legal responsibility in the event of bullying behavior by students
Type of responsibility: Punishment
Behavioral patterns: Causing injury to another person
Legal responsibility:
According to Article 277 of the Criminal Code of the Republic of China, a person who causes injury to another shall be sentenced to imprisonment for no more than three years, short-term imprisonment, or a fine of no more than one thousand yuan. If death results from the commission of an offense specified in the preceding paragraph, the offender shall be sentenced to life imprisonment or imprisonment for no less than seven years; if serious physical injury results, the offender shall be sentenced to imprisonment for no less than three years, but no more than ten years.
According to Article 278 of the Criminal Code of the Republic of China, a person who causes serious physical injury to another shall be sentenced to imprisonment for no less than five years, but no more than twelve years. If death results from the commission of an offense specified in the preceding paragraph, the offender shall be sentenced to life imprisonment or imprisonment for no less than seven years.
Behavioral patterns: Depriving another of freedom of movement
According to Article 302 of the Criminal Code of the Republic of China, a person who, without authority, takes another into custody, or by other illegal means deprives him of his freedom of movement, shall be sentenced to imprisonment for no more than five years, short-term imprisonment, or a fine of no more than three hundred yuan. An attempt to commit an offense specified in paragraph 1 is punishable.
Behavioral patterns: Force
According to Article 304 of the Criminal Code of the Republic of China, a person who, by violence or threats, causes another to do a thing which he has no obligation to do, or who prevents another person from doing a thing that he has the right to do, shall be sentenced to imprisonment for no more than three years, short-term imprisonment, or a fine of no more than three hundred yuan. An attempt to commit an offense in the preceding paragraph is punishable.
Behavioral patterns: Intimidation
According to Article 305 of the Criminal Code of the Republic of China, a person who threatens to cause injury to the life, body, freedom, reputation, or property of another, and thereby endangers his safety, shall be sentenced to imprisonment for no more than two years, short-term imprisonment, or a fine of no more than three hundred yuan.
According to Article 346 of the Criminal Code of the Republic of China, a person who, by intimidation, causes another to deliver over a thing belonging to him or to a third person for purpose to exercise unlawful control over it for himself, or for a fourth person, shall be sentenced to imprisonment for no less than six months, but no more than five years; in addition thereto, a fine of no more than one thousand yuan may be imposed. An attempt to commit such an offense is punishable.
Behavioral patterns: Insult
According to Article 309 of the Criminal Code of the Republic of China, a person who publicly insults another shall be sentenced to short-term imprisonment, or a fine of no more than three hundred yuan. A person who, by violence, commits an offense, as specified in the preceding paragraph, shall be sentenced to imprisonment for no more than one year, short-term imprisonment, or a fine of no more than five hundred yuan.
Behavioral patterns: Slander
According to Article 310 of the Criminal Code of the Republic of China, a person who points out or disseminates a fact which will injure the reputation of another, for purpose that it be communicated to the public, commits the offense of slander and shall be sentenced to imprisonment for no more than one year, short-term imprisonment, or a fine of no more than five hundred yuan.
According to the Criminal Code of the Republic of China and the Juvenile Delinquency Act, when a child between ages of 7 and 14 violates the criminal laws, juvenile delinquent protection may be applied. When a child between 14 and 18 violates the criminal laws, criminal liability or juvenile delinquent protection may be applied, depending on the nature of the case.
Type of responsibility: Torts
Behavioral patterns: Ordinary Acts of Infringement
According to Article 184, Paragraph 1 of the Civil Code, a person who, intentionally or negligently, has wrongfully damaged the rights of another is bound to compensate him for any injury arising therefrom. The same rule shall be applied when the injury is done intentionally in a manner against the rules of morals.
Behavioral patterns: Compensation for non-pecuniary damages for infringement of personality rights
According to Article 195, Paragraph 1 of the Civil Code, if a person has wrongfully damaged the body, health, reputation, liberty, credit, privacy or chastity of another, or another’s personality in a severe way, the injured person may claim a reasonable compensation in money, even if such injury is not a purely pecuniary loss. If it was reputation that has been damaged, the injured person may also claim the taking of proper measures for the rehabilitation of his reputation.
Type of responsibility: Administrative Penalty
Behavioral patterns: Physical and mental abuse
According to Article 97, Paragraph 1 of The Protection of Children and Youths Welfare and Rights Act, violators will be fined a sum of no less than NT$60,000, but no more than NT$300,000, and their names or titles will be announced.
According to Article 9 of the Administrative Penalty Act, an act committed by a person who has not reached the age of fourteen years is not punishable. The penalty may be reduced for an act committed by a person who is fourteen years of age or older, but has not reached the age of eighteen years.
With regard to the legal liability of the guardian for bullying behavior of minors under the age of 20 in Article 13 of the Civil Code, in the case of civil infringements, the guardian shall be held jointly liable under Article 187 of the Civil Code.
C2422001NTHU National Tsing Hua University Implementation Guidelines for Prevention of On-Campus Bullying by Students.docx
Approved by University Affairs Meeting on May 19, 2015
On the basis of:
Purpose: These Implementation Guidelines are established in order to prevent on-campus bullying incidents, establish effective prevention mechanisms and streamline handling of related issues.
Applicable to: National Tsing Hua University students
Implementation regulations:
When faculty, staff, or students are aware of a suspected campus bullying incident, they should report the incident immediately.
The Division of Student Life Guidance has established a 24-hour anti-bullying hotline (telephone: 03-5711814, campus extension no. 66666). A designated operator will answer the call and should immediately set up a case after being notified of an incident, transferring the case to the relevant committee for investigation and handing depending on its category, and complete a campus incident notification.
The Student Reward and Punishment Committee (bullying incidents between students), Gender Equity Education Committee (sexual bullying incidents), and the Student Appeals and Arbitration Committee (bullying incidents between teachers and students) shall handle and investigate campus bullying incidents and recommend punishments.
The relevant committee should complete case handling within two months after the campus bullying incident case is filed; the complainant and perpetrator should be provided the investigation report and case outcome in writing, as well as how to apply for review and the pertinent time limits in the event that a party is not satisfied with the outcome.
For cases involving criminal conduct, handling shall be suspended during the judicial investigation, and investigation and handing should be carried out according to relevant regulations after the judicial investigation is completed.
University counsellors (including military instructors) and teachers should contact the parents of students involved for assistance when a campus bullying case occurs.
These Implementation Guidelines shall be adopted after approval at the University Affairs Meeting.
The victim of bulling or his/her legal representative requests an investigation.
The academic tutor or other University personnel becomes aware of the bulling.
Notification by students, media, the public, the police, or other units.
Legal responsibility in the event of bullying behavior by students
Type of responsibility: Punishment
Behavioral patterns: Causing injury to another person
Legal responsibility:
According to Article 277 of the Criminal Code of the Republic of China, a person who causes injury to another shall be sentenced to imprisonment for no more than three years, short-term imprisonment, or a fine of no more than one thousand yuan. If death results from the commission of an offense specified in the preceding paragraph, the offender shall be sentenced to life imprisonment or imprisonment for no less than seven years; if serious physical injury results, the offender shall be sentenced to imprisonment for no less than three years, but no more than ten years.
According to Article 278 of the Criminal Code of the Republic of China, a person who causes serious physical injury to another shall be sentenced to imprisonment for no less than five years, but no more than twelve years. If death results from the commission of an offense specified in the preceding paragraph, the offender shall be sentenced to life imprisonment or imprisonment for no less than seven years.
Behavioral patterns: Depriving another of freedom of movement
According to Article 302 of the Criminal Code of the Republic of China, a person who, without authority, takes another into custody, or by other illegal means deprives him of his freedom of movement, shall be sentenced to imprisonment for no more than five years, short-term imprisonment, or a fine of no more than three hundred yuan. An attempt to commit an offense specified in paragraph 1 is punishable.
Behavioral patterns: Force
According to Article 304 of the Criminal Code of the Republic of China, a person who, by violence or threats, causes another to do a thing which he has no obligation to do, or who prevents another person from doing a thing that he has the right to do, shall be sentenced to imprisonment for no more than three years, short-term imprisonment, or a fine of no more than three hundred yuan. An attempt to commit an offense in the preceding paragraph is punishable.
Behavioral patterns: Intimidation
According to Article 305 of the Criminal Code of the Republic of China, a person who threatens to cause injury to the life, body, freedom, reputation, or property of another, and thereby endangers his safety, shall be sentenced to imprisonment for no more than two years, short-term imprisonment, or a fine of no more than three hundred yuan.
According to Article 346 of the Criminal Code of the Republic of China, a person who, by intimidation, causes another to deliver over a thing belonging to him or to a third person for purpose to exercise unlawful control over it for himself, or for a fourth person, shall be sentenced to imprisonment for no less than six months, but no more than five years; in addition thereto, a fine of no more than one thousand yuan may be imposed. An attempt to commit such an offense is punishable.
Behavioral patterns: Insult
According to Article 309 of the Criminal Code of the Republic of China, a person who publicly insults another shall be sentenced to short-term imprisonment, or a fine of no more than three hundred yuan. A person who, by violence, commits an offense, as specified in the preceding paragraph, shall be sentenced to imprisonment for no more than one year, short-term imprisonment, or a fine of no more than five hundred yuan.
Behavioral patterns: Slander
According to Article 310 of the Criminal Code of the Republic of China, a person who points out or disseminates a fact which will injure the reputation of another, for purpose that it be communicated to the public, commits the offense of slander and shall be sentenced to imprisonment for no more than one year, short-term imprisonment, or a fine of no more than five hundred yuan.
Remarks
According to the Criminal Code of the Republic of China and the Juvenile Delinquency Act, when a child between ages of 7 and 14 violates the criminal laws, juvenile delinquent protection may be applied. When a child between 14 and 18 violates the criminal laws, criminal liability or juvenile delinquent protection may be applied, depending on the nature of the case.
Type of responsibility: Torts
Behavioral patterns: Ordinary Acts of Infringement
According to Article 184, Paragraph 1 of the Civil Code, a person who, intentionally or negligently, has wrongfully damaged the rights of another is bound to compensate him for any injury arising therefrom. The same rule shall be applied when the injury is done intentionally in a manner against the rules of morals.
Behavioral patterns: Compensation for non-pecuniary damages for infringement of personality rights
According to Article 195, Paragraph 1 of the Civil Code, if a person has wrongfully damaged the body, health, reputation, liberty, credit, privacy or chastity of another, or another’s personality in a severe way, the injured person may claim a reasonable compensation in money, even if such injury is not a purely pecuniary loss. If it was reputation that has been damaged, the injured person may also claim the taking of proper measures for the rehabilitation of his reputation.
Type of responsibility: Administrative Penalty
Behavioral patterns: Physical and mental abuse
According to Article 97, Paragraph 1 of The Protection of Children and Youths Welfare and Rights Act, violators will be fined a sum of no less than NT$60,000, but no more than NT$300,000, and their names or titles will be announced.
According to Article 9 of the Administrative Penalty Act, an act committed by a person who has not reached the age of fourteen years is not punishable. The penalty may be reduced for an act committed by a person who is fourteen years of age or older, but has not reached the age of eighteen years.
Remarks
With regard to the legal liability of the guardian for bullying behavior of minors under the age of 20 in Article 13 of the Civil Code, in the case of civil infringements, the guardian shall be held jointly liable under Article 187 of the Civil Code.