特殊教育教師知覺的性侵害防治政策執行之困境分析   免費試閱

The Difficulties of Implementing Sexual Abuse Prevention Policy Perceived by Special Education Teachers

身心障礙學生是遭受性侵害的高危險群，本研究目的在探討特殊教育教師所知覺的相關法規所制定的性侵害防治政策執行之困境。研究方法採用質性研究法針對12位特教教師進行個別訪談以蒐集資料，資料分析採用主題分析法。研究結果有三：一、通報未能對受害學生有所助益，包含未能改善家庭功能與提供教師輔導資源，且司法判決不利未能伸張身心障礙者人權。二、《性別平等教育法》對特教學生的適用性遭到質疑，主因輔導時效低、特教生難蒐集事實證據，且因學生特質而對案件判定標準有所疑惑。三、跨專業合作困境：在社政部分，案量多而處遇速度慢、社政內部與跨教育專業的聯繫缺乏、且通報表格與管道繁複；在司法部分，包含警察訊問過程不容熟識者陪同、學生回答的真實性未知、到法院當證人因隱私未受到保護而擔心加害人報復；在教育主管單位部分，則包含未擔當轉學協調工作、以通報量判定學校性平工作成效、且由教師擔任師對生案件的調查員立場不足。

Students with disabilities are at high risk of being sexually abused. The aim of this study was to explore the difficulties of implementing sexual abuse prevention policy based on the relevant legislations, as perceived by the special education teachers. The qualitative research method was applied and twelve teachers were individually interviewed to collect data. The data were analyzed with the approach of thematic analysis. The results showed three categories of difficulties. First, the reports were of little benefit to student victims. The social workers failed to improve the victims’ family functioning and provide teachers with counseling resources. Most of all, the human rights of people with disabilities were not upheld in the judiciary system. Second, the applicability of “Gender Equality Education Law” for special education students was questioned, mainly because it impeded timely counseling and evidence-gathering for students, and it brought doubts of reporting criteria for teachers. Third, cross-profession difficulties arose. The case loading of social workers was heavy and the information of case management was deficient. The police interrogation process did not allow teachers’ presence, and this might undermine students’ credibility. The court did not protect teacher’s confidentiality as a witness; teacher’s fear of offender’s retaliation thus resulted. The educational administration did not coordinate student’s transfer, and school’s effectiveness in sexual abuse prevention was determined by number of cases reported. Special education teachers were not in a position to investigate sexual abuse cases that involved teachers and students.