Hakka Affairs Commission, Taipei City Government

Title：The Taipei City Government Hakka Affairs Commission’s Measures for Investigating Handling Prevention, Complaint, and Punishment of Sexual Harassment
Date：24-12-2014
Amendment：Transmitted into Order after Superiors’ approval and amendment
1. The Hakka Affairs Commission, Taipei City Government (hereinafter referred to as the  HAC) sets out the measures for the prevention of sexual harassment and the protection of the rights and interests of victims in accordance with Paragraphs 1 and 2 of Article 7 of the Sexual Harassment Prevention Act.
2.The term "sexual assault crime" as used in these measures refers to offenses set forth in Article 2 of the Sexual Assault Crime Prevention Act and Articles 221 to 227, 228, 229, Subparagraph 2, Paragraph 2 of Article 332, Paragraph 2 of Article 334, Subparagraph 1, Paragraph 2 of Article 348 and its special law.Sexual harassment in this measure means, in addition to sexual assault, sexual or gender-related acts committed against another person against his or her will, in one of the following circumstances:

1. The obedience or refusal of the act by the other person as a condition for obtaining, losing or derogating from the rights related to work, education, training, services, plans, or activities.
2. By displaying or transmitting words, pictures, sounds, images or other objects, or by discriminating, insulting or otherwise in such a situation that it impairs the dignity of the human person or creates a situation that is intimidating, hostile or offensive, or improperly influences the conduct of his or her work, education, training, service, planning, activities or normal life.

3.These measures apply to acts of sexual harassment in which the Sexual Harassment Prevention Act applies to the employees or recipients of services, except that sexual harassment is dealt with in the Act of Gender Equality in Employment or in the Gender Equity Education Act, which does not apply.
4.This HAC shall prevent the occurrence of sexual harassment, establish a friendly working environment and eliminate sexual or gender-based hostility in the working environment, so as to protect employees or service personnel from the threat of sexual harassment.
5.The HAC shall regularly organize or encourage personnel to participate in sexual harassment prevention and related education and training, and rationally plan courses on gender equality and sexual harassment prevention in employee on-the-job training or workshops. Participants will be given tolerance registration and financial assistance.
6.The grievance channels through which sexual harassment complaints are handled are as follows:Telephone hotline: 02-27091802
Telefax hotline: 02-23252342
Email hotline or Mailbox: web-hakka@mail.taipei.gov.tw
After receiving a sexual harassment complaint, this HAC will appoint dedicated staff to handle the complaint in a coordinated manner.
7.When the HAC learns of any cases of sexual assault or sexual harassment, it should undertake immediate and effective correction and remedy measures. Due care shall also be exercised about the following:

1. Protection of the victim’s interests and privacy.
2. Maintenance or improvement of the security of the relevant locations.
3. Disciplinary sanctions on the perpetrator.
4. Other prevention and improvement measures.

8.This HAC shall set up a Sexual Harassment Complaints Investigation Committee (hereinafter referred to as the Committee) to receive and investigate sexual harassment complaints. The Committee shall be composed of three to seven members, with not less than one-third of the members from the same sex and not less than one-half of the members of the committee shall be women. One member is designated by the HAC to be the chairperson. If the chairperson is unable to preside for any reason, he/she may appoint another member to represent him or her.
When dealing with complaints of sexual harassment, the HAC may hire a specialist, if there is such a need, to form part of an investigation unit to investigate such complaints. The investigation unit must comprise of more than 2 members and the proportion of female members shall not be less than 1/2.
The HAC or probe of the investigation unit may notify the person concerned and the affiliated person to be present for the purpose of making an inquiry and may invite the assistance of persons with relevant knowledge and experience.
9..A complaint about sexual harassment may be raised verbally or in writing. If the complaint is filed verbally, the person or department with whom the complaint is filed should make a record, which should be read to or reviewed by the complainant. After the complainant’s confirmation, he/she should affix a signature or seal on the records.The complaint or verbal records shall detail the following:

1. The name, gender, age, identity card number or passport number, the unit and title of the service or school, the residence or domicile and contact number of the complainant.
2. A person with legal representation, such as his/her name, gender, age, identity card number or passport number, occupation, residence or domicile and contact number.
3. A person who appoints an agent, such as his/her name, gender, age, identity card number or passport number, occupation, residence or domicile, contact number and a power of attorney.
4. Facts and contents of the complaint and related evidence.
5. Date of the complaint.

If the complaint or the record prepared based on a verbal complaint is inconsistent with the preceding provision and if such inconsistency can be corrected, the complainant should be asked to make the correction within 14 days.
According to Article 22 of the Administrative Procedure Act and Article 1089 of the Civil Code, a sexual harassment complaint against a minor shall be filed by his/her guardian.
10.Complaints of sexual harassment shall be inadmissible in one of the following circumstances:

1. The petition or written statement has not been corrected within the period specified in Paragraph 3 of the preceding article.
2. The same incident has been investigated and the results of the investigation have been informed to the party concerned in writing.

When the HAC does not accept a complaint, the party concerned shall be notified in writing within twenty days of the complaint or transfer, and copy sent to the higher competent body accordingly.
11.During the investigation of complaints of sexual harassment, the investigating officers shall avoid any one of the following circumstances:

1. Where the investigating officer himself/herself or his/her spouse, former spouse, any of his/her relative by blood within the fourth degree or relative by marriage within the third degree, or a person having previously such relationship with the investigating officer, is a party to the matter.
2. Where he/she or his/her spouse or former spouse is connected with the party in a relationship of joint holders of rights or co-obligors in the matter.
3. Where the investigating officer is currently or was once an agent for or assistant to the party in the matter.
4. Where the investigating officer was once a witness or expert witness in the matter.

In any of the following circumstances, the party concerned may apply for an Investigator to recuse himself/herself:

1. Where the investigating officer is reluctant to voluntary recusal in spite of the existence of the circumstances specified in the preceding paragraph.
2. Where there are concrete facts to support sufficiently the belief that the investigating officer is likely to be biased in the exercise of his/her functions.

The application in the preceding paragraph should be based on reasons and facts and informed to the HAC, it should be explained appropriately to its members; the investigator who is the subject of an application to recuse shall submit a written opinion on the application.
The investigator who has applied for recusal shall stop his/her participation in the investigation prior to the acceptance or rejection of the case by the HAC. However, in urgent situations, it should still be dealt with as necessary.
An investigating officer who has the circumstances specified in the first section and who is still reluctant to voluntary recusal while the concerned party has, also, not applied for his/her recusal, shall be ordered by this HAC to do so.
12.Complaints of sexual harassment should be investigated within seven days of the receipt of the complaint or the referral of the complaint, and the investigation shall be completed within two months. It may be extended for one month, if necessary.
13.Before the Sexual Harassment Complaint Investigation Committee or Investigation Unit reaches a resolution, the complainant or his/her authorized representative may withdraw the complaint in writing. Once withdrawn, no complaint may be filed again for the same matter.
14.All officers of this HAC who deal with complaints of sexual harassment shall keep the names of the persons concerned or other identifiable information confidential, except where necessary for an investigation or for public safety reasons. In case of any breach, the Chairperson of the HAC should terminate the participation of such a person. The HAC may also impose sanctions and pursue relevant liabilities in accordance with applicable laws depending on the situation. The HAC may also dismiss the person’s employment or service.
15.The Sexual Harassment Appeals Investigation Committee or the Investigation Unit shall only conduct a meeting if it is attended by the majority of members. A resolution should only be made with the approval of the majority of the members attending the meeting. In case of a tie vote, the Chairperson shall cast a deciding vote.
16.The HAC should conduct investigations on a sexual harassment case based on the following investigation principles:

1. Sexual harassment cases should be investigated in a non-public manner and the parties’ privacy and personality interest should be protected.
2. Sexual harassment cases should be investigated in an objective, fair and professional manner, providing the parties with the opportunity to state their opinions and defense.
3. If the victim’s statement is clear and there is no need to make inquiries, duplicated inquiries should be avoided.
4. To investigate a sexual harassment case, the parties and related parties may be asked to provide explanations in person. Persons with relevant knowledge and experience may also be invited to provide assistance.
5. The confrontation between the parties or witnesses in a sexual harassment case should be avoided in case of unequal power.
6. As required for investigation, an investigator may prepare written documents and provide them to the parties for their review or advise them with the key contents thereof, within the extent of confidentiality.
7. All persons handling a sexual harassment case should keep confidential the parties’ names and other personally identifiable data, except required or the investigation and out of consideration for public security.
8. In the course of investigation on a sexual harassment case, the parties may be referred to or provided with psychological assistance and legal aid depending on their physical and mental status.
9. In the course of complaint, investigation, monitoring or review of a sexual harassment case, no differential treatment should be provided to any person that filed a complaint, report, claim, lawsuit, testimony, assistance or other participation.

17.This HAC shall notify the person concerned and the Taipei City Sexual Harassment Prevention Committee in writing of the results of the investigation and handling of sexual harassment cases.The written notification should include the findings (whether sexual harassment is established or not) and its reasons, the deadline to refile for a complaint is within 30 days from the second day of the notification of the investigation, and the authority to which the complaint is directed is the Taipei City Sexual Harassment Prevention Committee.
Written notification to the Taipei City Sexual Harassment Prevention Committee shall include a complaint, interview record, minutes of relevant meetings, relevant evidence, records of the investigation into sexual harassment complaints, notification of the outcome of the investigation to the concerned parties and delivery certificates or receipt of Registered Mail with A.R.
18.Sexual harassment should be investigated and substantiated. Depending on the seriousness of the circumstances, the perpetrators shall be punished appropriately, such as giving a reprimand, a demerit, transfer, demotion, pay reduction, etc., and should be tracked, assessed and monitored to avoid recurrent sexual harassment or retaliation.
19.If the employee of this HAC makes use of the performance of his or her duties to harass others sexually and if the victim requests to recover his/her reputation in accordance with the last segment of the second paragraph of Article 9 of the Sexual Harassment Prevention Act, the proper disposition of the employed person shall be to restore the honor of the victim and the HAC shall provide appropriate assistance.
20.This measure also applies to cases of sexual harassment between recipients of services serving in this HAC. Although not being the infringer's unit, this HAC shall take appropriate and urgent action when receiving sexual harassment complaints. It shall submit the complaint and related information to the Taipei City Government’s Department of Social Welfare within seven days.
21.These measures shall be implemented after the approval and release of the Chairperson of the HAC, and the same applies to their amendment(s).