當前校園霸凌防制準則實施困境與改善建議

The Current Implementation Dilemma of the“School Bullying Prevention Guidelines＂and Suggestions for Improvement

2012年起實施《校園霸凌防制準則》至今滿十年，研究者實務處理霸凌，發現準則規範執行窒礙甚多，前置作業問題包括霸凌定義模糊、不適任教師處理因師對生霸凌涉入更複雜、網路霸凌蒐證不易、修復式正義難以運用現場、因應小組欠缺專業等；啟動調查後另有匿名檢舉受理與否準則條文矛盾、跨校案件SOP未制定、知悉即通報程序繁雜易成黑數、調查小組需法學素養、調查過程相關人權益保障未完備、法定代理人權責不明、當事人不配合調查無法可罰、調查經費未到位等問題；結案輔導欠缺配套獎懲機制且輔導人力不足。本文由文獻探討輔以實務經驗，針對準則實施困境提出建議：明確定義霸凌、整合不適任教師處理機制、預防網路霸凌、善用修復式正義化解衝突、強化因應小組專業、明訂匿名檢舉及調查SOP、規範相關人權利義務、導入獎懲機制並補助調查經費。盼能提供實務協助並做為準則下次修訂之依據。

It has been ten years since the implementation of the“School Bullying Prevention Guidelines”in 2012. The researcher actually dealt with bullying and found that there are many difficulties in implementing the“School Bullying Prevention Guidelines”. The problems of pre-processing include the vague definition of bullying, the handling of incompetent teachers is more complicated due to the involvement of teachers in bullying against students, internet bullying is difficult to collect evidence, restorative justice is difficult to apply, the prevention team lacks professionalism, etc. After the investigation was initiated, whether the anonymous report is accepted or not, the provisions of the“School Bullying Prevention Guidelines”are contradictory, the SOP for handling cross-school cases has not been formulated, knowing and reporting will lead to complicated handling procedures and dark numbers, the investigation team needs legal professionalism, in the course of the investigation, the protection of the rights of relevant persons are not complete, the responsibilities of the legal representative during the investigation process are unclear, the relevant persons cannot be punished for not cooperating with the investigation, investigation funding not yet available, there is a lack of matching reward and punishment mechanism for case closing and follow-up counseling, and there is insufficient counseling manpower. This article is based on literature research and practical experience, and proposes the implementation of the“School Bullying Prevention Guidelines”: Clearly define bullying, integrate mechanisms for dealing with incompetent teachers, prevent cyberbullying, make good use of restorative justice to resolve conflicts, strengthen professional response teams, specify SOP for anonymous reporting and investigation, standardize the rights and obligations of relevant persons, create reward and punishment mechanisms and subsidize investigations expenses. We hope to provide practical assistance and serve as the basis for the next revision of the“School Bullying Prevention Guidelines”.