學校人員應瞭解的通報制度與違法責任相關問題之探討   免費試閱

Studies on Reporting Requirements and Violating Disposition of which School Personnel Should Be Aware

我國現行要求教育人員通報的法規繁多，本文整理並加以分析後，獲得下結論與建議：
一、學校通報事項繁多，教育主管機關宜與各主管機關橫向整合，彙編法規及通報之標準作業流程，並廣為宣導。二、各項法規中對規範對象的敘述未能窮盡學校場域中所有人員，且各項法規中的規範對象未盡一致。未來仍須再予修訂相關法規，以落實通報。三、對具有通報義務的人員類別定義宜採立法解釋。四、學校對適用《勞動基準法》之通報義務人員，應將通報義務納入工友工作規則及勞動契約。五、學校應明確訂定通報權責，以防制校園性侵害、性騷擾或性霸凌及校園霸凌事件。六、加強宣導通報義務與各法規之罰則，期通報義務人員了解不同性質之處罰可併罰之法理。七、現行法規對某些具通報義務者無法處罰，亟待修訂法規以填補法律漏洞。八、懲處先於懲戒時，懲處失效時點仍待有關機關（公懲會、行政法院、保訓會）形成共識。

Current reporting requirements in the country for school personnel are intricate and complicated. After collecting and analyzing related regulations, this study has the following conclusions and recommendations. 1. Terms and requirements that command school reporting are abundant and cumbersome. Ministry of Education should integrate with other Ministries to compile and promote the standard reporting procedure. 2. Not all school employees are included in the regulations, neither were varies regulations consistent on the definition of personnel regulated. Amendments will need to be made in the future to insure indeed reporting. 3. Personnel obligated to the reporting protocol should be defined with statutory interpretation. 4. Employment agreement should explicitly states the reporting obligation for those employees qualified under Labor Standards Act.5. School should clearly define reporting responsibility to prevent sexually related assault, harassment and bullying, as well as general bullying incidents. 6. Improve working education and help employee understand varies regulations and the corresponding penalties that may be applied in conjunction. 7. Penalties for some who violate the reporting obligation are currently without recourse, which is a legal loophole that will need to be filled.8. If the punishment disposition happens before the disciplinary disposition, then when is the timing on which the punishment disposition lost its effect? The Public Functionary Disciplinary Sanction Commission, The Administrative Court, and The Civil Service Protection and Training Commission will have to reach consensus on the timing.