Implementation Regulations Governing Hosting of Artists and Professional Artist Groups by Educational Institutions Amendment Article 8
If any one of the circumstances listed below applies to any artist in residence at an educational institution or to any member of a professional artist group in residence at an educational institution, the educational institution shall terminate its cooperation agreement with that artist or professional artist group, and the person to whom the circumstances apply is not permitted to ever again be given a campus residency, whether alone or as a member of a professional artist group:1. The person has been found guilty of a criminal offense against the internal or external security of the State, committed after the Period of National Mobilization for Suppression of the Communist Rebellion, and convicted with no further right of appeal.2. The person has been found guilty of corruption while working as a civil service employee and convicted with no further right of appeal. 3. The person has been found guilty of a crime as defined in Article 2, Paragraph 1 of the Sexual Assault Crime Prevention Act and convicted with no further right of appeal.4. The person has been the subject of an investigation by the gender equity education committee of an educational institution or by another appropriate committee set up in accordance with the law and it confirmed that the person committed a sexual assault.5. The person has been the subject of an investigation by the gender equity education committee of an educational institution or by another appropriate committee set up in accordance with the law and it confirmed that the person has committed sexual harassment or sexual bullying, and it is necessary to terminate the cooperation agreement with that person or the cooperation agreement with the professional artist group of which that person is a member, and for that person to never again be permitted to be given a campus residency, whether alone or as a member of a professional artist group.6. The person has been penalized in accordance with the provisions of the Child and Youth Sexual Exploitation Prevention Act, or the provisions of Article 20 or Article 25 of the Sexual Harassment Prevention Act and the gender equity education committee of the educational institution has confirmed that the person has been subject to such punishment, and it is necessary to terminate the cooperation agreement with that person or the cooperation agreement with the professional artist group of which that person is a member, and for that person to never again be permitted to be given a campus residency, whether alone or as a member of a professional artist group.7. The person has been penalized in accordance with the provisions of Article 97 of the Protection of Children and Youth Welfare and Rights Act by the competent social welfare authority at each level, and this has been confirmed by an ad hoc or standing committee discussing teaching program matters, and it is necessary to terminate the cooperation agreement with that person or the cooperation agreement with the professional artist group of which that person is a member, and for that person to never again be permitted to be given a campus residency, whether alone or as a member of a professional artist group.8. The person became aware that an incident of suspected sexual assault has occurred on the campus where they are working but did not report the matter in accordance with the provisions of the Gender Equity Education Act, thereby leading to a subsequent sexual assault on that campus; or forged, altered, destroyed, or concealed evidence of any sexual assault incident committed by any other person(s), and any such failure to report or any forging, altering, destroying or concealing of evidence has been investigated and verified by the educational institution.9. The person forged, altered, or destroyed evidence that any other person(s) committed a dangerous offence on campus involving narcotics or hazardous drugs, and this has been investigated and verified by the educational institution.10. The person has inflicted corporal punishment on or bullied one or more students, causing severe physical and/or mental injury.11. The person has acted in violation of any pertinent law or regulations, and the matter has been investigated and verified by the educational institution, and it is necessary to terminate the cooperation agreement with that person or the cooperation agreement with the professional artist group of which that person is a member, and for that person to never again be permitted to be given a campus residency, whether alone or as a member of a professional artist group. If any of the situations referred to in Subparagraphs 1 to 6 of the preceding paragraph applies to an artist-in-residence or to any member of a professional artist group-in-residence, the educational institution shall terminate the cooperation agreement without the need for an ad hoc or standing committee discussing teaching program matters to review the termination decision.If the situation referred to in Subparagraph 7 or in Subparagraph 10 of Paragraph 1 applies to an artist-in-residence or to any member of a professional artist group-in-residence and if a meeting of an ad hoc or standing committee discussing teaching program matters attended by at least two-thirds of its members has deliberated the matter and at least half of the members in attendance have supported a resolution to terminate the cooperation agreement with that artist-in-residence or the professional artist group-in-residence, the educational institution shall terminate the cooperation agreement. If any of the situations referred to in Subparagraphs 8, 9 and 11 of Paragraph 1 applies to an artist-in-residence or to any member of a professional artist group-in-residence residence and if a meeting of an ad hoc or standing committee discussing teaching program matters attended by at least two-thirds of its members has deliberated the matter and at least two-thirds of the members in attendance have supported a resolution to terminate the cooperation agreement with that artist-in-residence or the professional artist group-in-residence, the educational institution shall terminate the cooperation agreement.
中文原文 學校辦理藝術家及專業藝術團體駐校實施辦法第8條
駐校藝術家或駐校專業藝術團體之成員有下列各款情形之一者,學校應予終止合作契約,且終身不得駐校:
一、動員戡亂時期終止後,犯內亂、外患罪,經有罪判決確定。
二、服公務,因貪污行為經有罪判決確定。
三、犯性侵害犯罪防治法第二條第一項所定之罪,經有罪判決確定。
四、經學校性別平等教育委員會或依法組成之相關委員會調查確認有性侵害行為屬實。
五、經學校性別平等教育委員會或依法組成之相關委員會調查確認有性騷擾或性霸凌行為,有終止合作契約及終身不得駐校之必要。
六、受兒童及少年性剝削防制條例規定處罰,或受性騷擾防治法第二十條或第二十五條規定處罰,經學校性別平等教育委員會確認,有終止合作契約及終身不得駐校之必要。
七、經各級社政主管機關依兒童及少年福利與權益保障法第九十七條規定處罰,並經課程相關會議確認,有終止合作契約及終身不得駐校之必要。
八、知悉服務學校發生疑似校園性侵害事件,未依性別平等教育法規定通報,致再度發生校園性侵害事件;或偽造、變造、湮滅或隱匿他人所犯校園性侵害事件之證據,經學校查證屬實。
九、偽造、變造或湮滅他人所犯校園毒品危害事件之證據,經學校查證屬實。
十、體罰或霸凌學生,造成其身心嚴重侵害。
十一、行為違反相關法規,經學校查證屬實,有終止合作契約及終身不得駐校之必要。
駐校藝術家或駐校專業藝術團體之成員有前項第一款至第六款規定情形之一者,免經課程相關會議審議,予以終止合作契約。
駐校藝術家或駐校專業藝術團體之成員有第一項第七款或第十款規定情形之一者,應經課程相關會議委員三分之二以上出席及出席委員二分之一以上之審議通過,予以終止合作契約;有第一項第八款、第九款或第十一款規定情形之一者,應經課程相關會議委員三分之二以上出席及出席委員三分之二以上之審議通過,予以終止合作契約。
一、動員戡亂時期終止後,犯內亂、外患罪,經有罪判決確定。
二、服公務,因貪污行為經有罪判決確定。
三、犯性侵害犯罪防治法第二條第一項所定之罪,經有罪判決確定。
四、經學校性別平等教育委員會或依法組成之相關委員會調查確認有性侵害行為屬實。
五、經學校性別平等教育委員會或依法組成之相關委員會調查確認有性騷擾或性霸凌行為,有終止合作契約及終身不得駐校之必要。
六、受兒童及少年性剝削防制條例規定處罰,或受性騷擾防治法第二十條或第二十五條規定處罰,經學校性別平等教育委員會確認,有終止合作契約及終身不得駐校之必要。
七、經各級社政主管機關依兒童及少年福利與權益保障法第九十七條規定處罰,並經課程相關會議確認,有終止合作契約及終身不得駐校之必要。
八、知悉服務學校發生疑似校園性侵害事件,未依性別平等教育法規定通報,致再度發生校園性侵害事件;或偽造、變造、湮滅或隱匿他人所犯校園性侵害事件之證據,經學校查證屬實。
九、偽造、變造或湮滅他人所犯校園毒品危害事件之證據,經學校查證屬實。
十、體罰或霸凌學生,造成其身心嚴重侵害。
十一、行為違反相關法規,經學校查證屬實,有終止合作契約及終身不得駐校之必要。
駐校藝術家或駐校專業藝術團體之成員有前項第一款至第六款規定情形之一者,免經課程相關會議審議,予以終止合作契約。
駐校藝術家或駐校專業藝術團體之成員有第一項第七款或第十款規定情形之一者,應經課程相關會議委員三分之二以上出席及出席委員二分之一以上之審議通過,予以終止合作契約;有第一項第八款、第九款或第十一款規定情形之一者,應經課程相關會議委員三分之二以上出席及出席委員三分之二以上之審議通過,予以終止合作契約。