Enforcement Rules of the Sexual Harassment Prevention Act Article 15

During the investigation, the investigators of the sexual harassment incident grievance shall be recused under any one of the following conditions:1. The investigator, his/her spouse, ex-spouse, relative by blood within the fourth degree of kinship, or relative by marriage within the third degree of kinship is or once was directly involved in the incident;2. The investigator, his/her spouse, or ex-spouse has the relationship in joint rights or joint obligations with the parties involved in the incident.;3. The investigator is or once was an agent or an assistant of the parties in the incident; and4. The investigator once was a witness or an expert witness of the incident.Under either of the following circumstances, the concerned parties may file a recusal application against the investigators of the sexual harassment incident grievance:1. Where such investigator has failed to recuse himself or herself voluntarily under any circumstances outlined in the preceding paragraph; and2. Based on any other specific facts, it is believed that the investigator involved may act in a partisan manner during the investigation.The application mentioned in the preceding paragraph shall include reasons and facts as well as appropriate explanations, so as to be submitted to the investigative unit. The person requested to recuse himself or herself may submit his or her personal written opinion in response to the request.The investigators requested to recuse himself or herself shall stop the investigation procedures before the application is rejected. In the case of emergency, the investigator shall take necessary measures.If the investigator has the circumstances provided in Paragraph 1 but did not recuse himself/herself and those directly involved also did not file a recusal application, the investigative unit shall order the investigator to be recused.The review or mediation committee of the competent authority at the special municipality or city (county) level shall recuse themselves in any of the circumstances mentioned in Paragraph 1.
中文原文 性騷擾防治法施行細則第15條
性騷擾事件之調查人員於調查過程中,有下列各款情形之一者,應自行迴避:
一、本人或其配偶、前配偶、四親等內之血親或三親等內之姻親或曾有此關係者為該事件之當事人。
二、本人或其配偶、前配偶,就該事件與當事人有共同權利人或共同義務人之關係。
三、現為或曾為該事件當事人之代理人、輔佐人。
四、於該事件,曾為證人、鑑定人。
性騷擾事件之調查人員有下列各款情形之一,當事人得申請迴避︰一、有前項所定之情形而不自行迴避。
二、有具體事實,足認其執行調查有偏頗之虞。
前項申請,應舉其原因及事實,向該事件之調查單位為之,並為適當之釋明;被申請迴避之調查人員,得提出意見書。
被申請迴避之調查人員,於調查單位為准駁前,應停止調查工作。
但有急迫情形,仍應為必要處置。
調查人員有第一項所定情形不自行迴避,且未經當事人申請迴避者,調查單位應命其迴避。
直轄市、縣(市)主管機關之審議委員或調解委員,有第一項各款情形時,應行迴避。

English translation for reference only; the Chinese text prevails. Not legal advice.