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Measures of Prevention, Complaint and Punishment of Sexual Harassment

  • Date: 2018-07-06
  • Issued by: Police Department

1. To give employees and job seekers an environment free from sexual harassment, the Women's and Children's Protection Division (hereinafter referred to as WCPD) of Taichung City Government Police Department has stipulated the Measures of Prevention, Complaint and Punishment of Sexual Harassment in accordance with Paragraph 1, Article 13 of the Act of Gender Equality in Employment and the Guidelines for Establishing Measures of Prevention, Complaint and Punishment of Sexual Harassment in the Workplace promulgated by Council of Labor Committee.

2. The term “sexual harassment” referred to in this Measures shall mean one of the following circumstances: (1) In the course of an employee executing his or her duties, any one (including managers at all levels, employees, customers ...) makes a sexual request, uses verbal or physical conduct of a sexual nature or with an intent of gender discrimination, causes him or her a hostile, intimidating and offensive working environment leading to infringe on or interfere with his or her personal dignity, physical liberty or affects his or her job performance; or (2). An employer explicitly or implicitly makes a sexual request toward an employee or an applicant, uses verbal or physical conduct of a sexual nature or with an intent of gender discrimination as an exchange for the establishment, continuance, modification of a labor contract or as a condition to his or her placement, assignment, compensation, evaluation, promotion, demotion, award and discipline. Specifically, a sexual harassment behavior contains one of the following modes:

(1) An attitude and behavior leading to an insult, contempt, or discrimination due to gender difference.

(2) An inappropriate verbal or physical conduct of a sexual nature or a sexual request causing the other party to feel unhappy or offensive.

(3) Asexual requestor sexual behavior by means of threat or punishment.

(4) Forced sexual intercourse and assault.

(5) The display of pictures and words with sexual overtones or sexual temptation.

3. The WCPD shall prevent sexual harassment from occurring in the workplace, protect employees from the threat of sexual harassment, establish a friendly working environment, and enhance the concept of gender equality among managers and employees in the workplace. If there is any sexual harassment case or suspected violation, the WCPD shall review the case to improve the prevention and control measures.

4. The WCPD shall regularly hold seminars and/or workshops for sexual harassment prevention and gender equality. All the relevant course contents and information shall be publically displayed in the workplace.

5. Every company / institution / agency shall disclose the workplace sexual harassment complaints hotlines at its workplace.

Dedicated hotline: 23274052

Dedicated Fax: 23100121

Dedicated mailbox or e-mail: akai9599@tcpb.gov.tw

6. The WCPD shall use meetings, radio, and print to spread the message of sexual harassment prevention and control measures and complaints channels.

7. Upon learning of a sexual assault or sexual harassment case, the WCPD shall immediately take effective corrective and remedial measures and pay attention to the following:

(1) Protect the victim’s interests and privacy.

(2) Ensure or improve security of the site where the incident took place.

(3) Punish the offender.

(4) Take other necessary prevention and improvement measures.

8. The WCPD shall set up the Workplace Sexual Harassment Appeals Committee (WSHAC) consisting of representatives from the employers and employees. The WSHAC shall be composed of three to seven members, not less than half of whom shall be female and one of whom shall be appointed as chairman or chairperson. When the chairman or chairperson cannot preside over a meeting, he or she shall designate another member to act on his or her behalf. If necessary, the WSHAC shall hire experts and scholars as members.

9. Complaints of sexual harassment can be filed verbally or in writing. When a verbal complain is made, the person or unit accepting the case shall take down the words into a written record and read the record aloud to the complainant or have the complainant read through the record. If the record is confirmed correct, the complainant shall put on his or her signature or seal. The complaint form shall contain the following items:

(1) Name of the complainant, his/her service unit and work title, his/her residence, contact telephone number, and date of complaint.

(2) If a proxy is appointed, the letter of appointment shall be submitted, stating the name, address and contact number of the proxy.

(3) Fact and content of the complaint.

If the complaint form or the record does not comply with the provisions in the preceding paragraphs, and it can be corrected, the complainant shall be notified to make corrections and submit the form again within fourteen days. If overdue, the corrected form shall not be accepted.

10. Before the WSHAC makes a resolution, the complainant or his or her proxy can withdraw the complaint in writing. Once a complaint is withdrawn, the same subject matter shall not be filed as a complaint again.

11. The WSHAC shall convene only when more than a half of members attend to constitute a quorum. A resolution shall be made only when more than half of the members present vote for the proposal. When the number of votes for or against is tied, the chairman or chairperson shall have the final call to decide whether to pass the resolution.

12. During investigation, the WSHAC may notify the parties and related party to make presentation at the scene and may invite experts with related experience to assist.

13. The WSHAC shall investigate a sexual harassment case in private. During the course of investigation, the WSHAC shall protect the privacy and dignity of the parties. Anyone involved in the handling, investigation and resolution of a sexual harassment case shall keep confidential any content of the complaint that he or she is aware of or has learnt of; otherwise, the chairman should terminate the participation of the violator, who shall be held responsible and punished in accordance with relevant regulations and even dismissed from the WSHAC, depending on the circumstances.

14. When investigating a sexual harassment incident, an agency / a company shall follow the following principles:

(1) Protect the privacy and dignity of the parties involved in a sexual harassment case

(2) Keep an objective, impartial, and professional attitude and give the parties the opportunity to explain and/or reply adequately.

(3) Avoid asking the same question again and again if the victim has already clarified it clearly enough.

(4) During investigation, the parties and related party may be notified to make presentation at the scene and experts with related experience may be invited to assist.

(5) Avoid confrontation interrogation when there arepower asymmetriesbetween the parties or witnesses and the offender(s).

(6) An investigator may show or brief the parties of some written statements if the act is helpful to the investigation and does not violate the confidentiality obligations.

(7) Anyone involved in the handling of a sexual harassment case shall keep confidential the name of the parties or other information that may lead to the identification of the parties, except for the need of investigation or public safety.

(8) During the investigation process, take the initiative to refer or provide psychological counseling and legal assistance to the parties of a sexual harassment incident, depending on the physical and mental condition of the person concerned.

(9) Never discriminate against anyone who participates or assists in reporting, filing a lawsuit, testifying, and/or other actions in a complaint for sexual harassment.

15. Within three months from the day after a complaint is filed, the WSHAC shall make a resolution on the case, attach reasons for the decision, and recommend punishment or other actions. The written resolution shall be delivered to the parties and the company/agency and it must be stated on the notification letter that any objection to the resolution may be filed to the WSHAC for reconsideration within 10 days after the resolution is sent to the parties. However, if the matter to be filed for reconsideration occurs or is made known later, then, the appeal may be filed within 10 days after the matter is learnt of. An appeal shall be made with reasons in writing and the WSHAC shall call other meetings to review it. Once the review is concluded, the parties shall not make an appeal on the same subject matter.

16. The parties may file an appeal to the WSHAC for reconsideration if one of the following circumstances occurs:

(1) The resolution is obviously contradictory to its reasons.

(2) The organization of WSHAC is not legal.

(3) In accordance with the Act of Gender Equality in Employment, it is found that the WSHAC has members who shall not participate in the decision.

(4) Any WSHAC member has been convicted of criminal offense.

(5) Evidence for the resolution presented by a witness or an expert witness is proved to be false.

(6) Evidence for the resolution is forged or altered.

(7) The reasons for civil, criminal or administrative judgment or sanctions which also serve as the basis for the resolution are changed according to the subsequently concluded administrative judgment or sanctions.

(8) It is found that there is evidence without having been deliberated.

(9) The original resolution is sufficient to affect the evidence without having been appropriately deliberated

17. The WSHAC may decide to suspend the investigation and resolution of a sexual harassment complaint that has entered the judicial process.

18. When a sexual harassment behavior is verified after investigation, the WCPD may punish the offender(s) by transfer, demotion, pay cut, reprimand or other treatment, depending on the seriousness of the case and in accordance with the work rules and other relevant provisions. If the offender is involved in criminal liability, the WCPD shall assist the complainant to appeal. If a sexual harassment behavior proved to be a false accusation, the WCPD may punish the complainantby reprimand or other treatment, depending on the seriousness of the case and in accordance with the relevant provisions of the work rules.

19. The WCPD shall track, assess and supervise a sexual harassment behavior to ensure the effectiveness of disciplinary measures and prevent the same incident or retaliation from occurring.

20. The WCPD may refer the parties to professional counseling or medical institutions, if necessary.

21. The WCPD shall not dismiss, transfer or take other adverse sanctions against the employee who files a complaint or helps others to file a complaint.

22. If the offender of a sexual harassment case is not an employee of the WCPD, the WCPD shall still provide necessary protection in accordance with this Measures.

23. Terms of these Measures and their future revisions are in effect subject to the approval of the captain (top executive).

  • Date : 2013-03-19
  • Hit: 11