教師涉及校園霸凌事件之法制與案例探討：兼論調查過程之資訊公開

Legal System and Case Study of Teachers' Involvement in Campus Bullying: Also on Information Disclosure in the Investigation Process

教育部於2020年7月21日修正《校園霸凌防制準則》，此次修正重點之一係將教職員納入霸凌行為之規範。教師除作為校園霸凌主體的法律責任外，其具有教師身分，還可能涉及違反《教師法》被視為不適任教師。由於新《教師法》方於2020年6月30日施行，本文旨在探討教師涉及校園霸凌事件過程中所衍生的法律問題，除了因應小組之組織任務、調查過程以及與其他委員會之關係外，特別聚焦在正當行政程序中之委員會的資訊公開。本文認為，審議委員會之名單應於會前或會後盡速公布，以免遭譏黑箱作業；另外，會議紀錄、逐字稿及錄音檔等資訊，應視其是否為機關決定前擬稿或作業文件，若是「調查過程中的基礎事實」即應提供，至於意思形成之相關資訊則可拒絕提供。

The Ministry of Education revised the “Regulations on the Prevention and Handling of Bullying on Campus” on July 21, 2020. One of the key points of this revision is to “include school staff into the norms of bullying behavior.” In addition to the legal responsibilities of teachers as the main body of campus bullying, they have the status of teachers, and they may also be regarded as incompetent teachers if they violate the teachers’ law. Since the New Teachers’ Act was implemented on June 30, 2020, this paper aims to explore the legal issues arising from teachers’ involvement in campus bullying. In addition to the organizational tasks of the group, the investigation process and the relationship with other committees, what is especially focused in the discussion is the information disclosure of the committee in due administrative process. This paper holds that the list of the review committee should be announced as soon as possible before or after the meeting to avoid being criticized for operating under the table. Apart from this, documents such as meeting minutes, verbatim transcripts, and audio files should be considered whether they are drafts or operational documents before a decision is made by the agency. Documents that are “basic facts in the investigation process” should be provided, whereas a request for information related to the formation of intentions can be refused.