Enacted by Letter Xue-Ren-Zi No. 1131002951 on May 2, 2024
1.The Shei-Pa National Park Headquarters, National Park Service, Ministry of the Interior (hereinafter referred to as the Headquarters) formulates these Guidelines to prevent sexual harassment, adopt appropriate preventive, corrective, disciplinary, and other measures, establish complaint channels for sexual harassment incidents, and effectively protect the rights and interests of the parties involved, in accordance with the "Gender Equality in Employment Act" (hereinafter referred to as the Employment Act), "Sexual Harassment Prevention Act" (hereinafter referred to as the Prevention Act), "Enforcement Rules of the Sexual Harassment Prevention Act", "Regulations on Sexual Harassment Prevention", and "Regulations on Sexual Harassment Prevention Measures in the Workplace".
2.These Guidelines apply to sexual harassment incidents occurring between employees of the Headquarters or between employees and non-Headquarters personnel (including support personnel, contracted personnel, interns, job seekers, etc.). The sexual harassment prevention measures and complaint processing shall be handled in accordance with these Guidelines, unless otherwise provided by laws and regulations.
3.Sexual harassment referred to in these Guidelines refers to one of the following situations between the parties:
（1）Application of the Employment Act:
a.When an employee executes duties, anyone uses sexual demands, language or behavior with sexual connotations or gender discrimination to create a hostile, coercive, or offensive working environment for them, resulting in an infringement or interference with their personal dignity, personal freedom, or affecting their work performance.
b.An employer makes explicit or implicit sexual demands, language or behavior with sexual connotations or gender discrimination toward an employee or job applicant as an exchange condition for the execution, continuation, modification of a labor contract, or for assignment, placement, remuneration, performance evaluation, promotion, demotion, rewards, and penalties.
c.Power-based sexual harassment committed against a person under one's command or supervision due to employment, job seeking, or performance of duties by taking advantage of authority or opportunity.
（2）Application of the Prevention Act:
Refers to acts related to sex or gender that are against the victim's will and are committed against another person, other than sexual assault offenses, and under any of the following circumstances:
a.Using explicit or implicit means, or using discriminatory or insulting words or deeds, or using other methods, which damage the personal dignity of others, or create a situation that causes people to feel fearful, hostile, or offended, or improperly affects the progress of their work, education, training, service, projects, activities, or normal life.
b.Making the victim's submission to or rejection of the act a condition for themselves or others to obtain, lose, or impair rights and interests related to their learning, work, training, service, projects, or activities.
c.Power-based sexual harassment committed against a person under one's supervision, care, or guidance due to relationships such as education, training, medical care, official duties, business, job seeking, or other similar relationships, by taking advantage of authority or opportunity.
4.Patterns of sexual harassment include any of the following behaviors:
（1）Humiliating, derogatory, hostile, or harassing words or deeds.
（2）Stalking, observing, or unwelcome courtship.
（3）Peeping or secret photography.
（4）Exposing private parts of the body.
（5）Leaving, displaying, transmitting, or circulating text, sound, pictures, photos, image data, or items with sexual connotations, obscenity, or gender discrimination by mail, telephone, fax, electronic communication, Internet, or other equipment.
（6）Taking advantage of a person's inability to resist to kiss, hug, or touch their buttocks, breasts, or other private parts of the body.
（7）Inappropriate staring, touching, hugging, kissing, or smelling another person's body; the same applies to forcing another person to do so to one's own body.
（8）Other acts similar to those in the preceding seven subparagraphs.
5.The Headquarters shall establish workplace sexual harassment complaint channels, designate personnel or units responsible for handling sexual harassment incidents, and publicly display them on the agency website or in appropriate places.
Complaint Hotline: (037)996100 ext. 310
Complaint Fax: (037)996302
Complaint Email: spnp885@spnp.gov.tw.
6.To effectively prevent and actively handle sexual harassment incidents in public places under its jurisdiction and places accessible to the public, the Headquarters shall take the following actions:
（1）Regularly review the overall spatial and facility safety of public places under its jurisdiction and places accessible to the public.
（2）When a sexual harassment incident occurs in the aforementioned places and is known at the time, take the following effective corrective and remedial measures, and pay attention to protecting the safety and privacy of the victim:
a.Assist the victim in filing complaints and preserving relevant evidence.
b.Assist in notifying police agencies to handle the situation at the scene when necessary.
c.Review the safety of the places under its jurisdiction.
d.Respect the victim's wishes and reduce opportunities for interaction between both parties.
e.Avoid retaliatory situations.
f.Prevent and reduce the possibility of the perpetrator committing sexual harassment again.
g.Other measures deemed necessary.
7.When the Headquarters becomes aware of a sexual harassment situation, it shall take immediate and effective corrective and remedial measures; if the victim and the perpetrator belong to different business units but have a joint operation or business relationship, the same applies to the employer of the perpetrator:
（1）When becoming aware of a sexual harassment situation due to receiving a victim's complaint:
a.Considering the complainant's wishes, take appropriate isolation measures to prevent the recurrence of sexual harassment against the complainant, and no adverse changes shall be made to the complainant's labor conditions such as salary.
b.Provide or refer counseling, medical or psychological counseling, social welfare resources, and other necessary services to the complainant.
c.Initiate investigation procedures, conduct interviews with relevant personnel of the sexual harassment incident, or carry out appropriate investigation procedures.
d.If the respondent holds a position of power and the circumstances are serious, and there is a need to temporarily suspend or adjust duties during the investigation, the respondent's duties may be temporarily suspended or adjusted.

e.If the act of sexual harassment is verified to be true, appropriate disciplinary action or handling shall be imposed on the perpetrator according to the severity of the circumstances.
f.If it is verified that there are facts of malicious fabrication, appropriate disciplinary action or handling shall also be imposed on the complainant.
g.When the agency (business unit) of either party becomes aware of a sexual harassment situation, it shall notify the other party in writing, by fax, orally, or through other electronic data transmission methods to jointly negotiate solutions or remedial measures.
h.Protect the privacy and other personality legal interests of the parties involved.
（2）When becoming aware of a sexual harassment incident through circumstances other than those in the preceding paragraph:
a.Interview relevant personnel to perform necessary clarification and verification regarding relevant facts.
b.Inform the victim of the rights and interests they may claim and various remedy channels, and assist them in filing complaints according to their wishes.
c.Appropriately adjust the work content or workplace for relevant personnel.
d.According to the victim's wishes, provide or refer counseling, medical or psychological counseling treatment, social welfare resources, and other necessary services.
If an employer becomes aware of a sexual harassment incident due to a victim's statement, but the victim has no intention to file a complaint, the employer shall still take immediate and effective corrective and remedial measures in accordance with the provisions of Subparagraph 2 of the preceding paragraph.
8.The Headquarters shall regularly conduct or encourage its personnel to participate in educational training on the prevention of workplace sexual harassment, or reasonably plan courses related to gender equality and sexual harassment prevention in employee on-the-job training.
9.The Headquarters establishes a Sexual Harassment Complaint Handling Committee (hereinafter referred to as the Committee) to handle complaints regarding sexual harassment incidents.
The Committee consists of five to seven members, one of whom is the Chairperson, designated by the head of the agency to be concurrently held by the deputy head, who shall serve as the meeting chair. If the chair is unable to preside over the meeting for any reason, another member may be designated to act as proxy; the remaining members shall be concurrently appointed (assigned) by the head of the agency from among the Headquarters' employees and external professionals with gender awareness. The aforementioned professionals may be selected from the professional talent pool for sexual harassment investigation established by the central competent authority. The proportion of female representatives shall not be less than one-half, and it is advisable for male representatives to account for more than one-third.
When the Committee convenes a meeting, a quorum of more than half of all members shall be present, and resolutions shall be passed with the consent of more than half of the members present. In the case of a tie, the chair shall have the deciding vote.
Committee members serve a term of two years and may be reappointed upon expiration of the term. If a member position becomes vacant during the term for any reason, the head of the agency shall appoint (assign) an employee of the Headquarters or an external professional with gender awareness to succeed as a member, and their term shall last until the expiration date of the original term.
10.When civil servants of the Headquarters suffer sexual harassment incidents subject to the Employment Act and file a complaint with the Headquarters, if the perpetrator is the highest person in charge, the complaint shall be filed with the superior agency of the Headquarters (i.e., the National Park Service, Ministry of the Interior).
Personnel other than civil servants shall file complaints with the Headquarters. However, if the respondent is the head of the agency, or if the agency fails to process the matter, or if they disagree with the results of the investigation or punishment conducted by the agency, they may file a complaint with the local competent authority in accordance with the provisions of the Employment Act.
11.For sexual harassment incidents subject to the Prevention Act, the victim may file a sexual harassment complaint depending on the status of the perpetrator:
（1）When filing a complaint, the perpetrator is not the head of the agency: Submit to the agency to which the perpetrator belongs.
（2）When filing a complaint, the perpetrator is the head of the agency: Submit to the local competent authority where the agency is located.
（3）When filing a complaint, the perpetrator is unknown or is a person other than those in the preceding two subparagraphs: Submit to the police agency where the sexual harassment incident occurred.
12.Complaints of sexual harassment may be submitted orally, in writing, or by email. For oral complaints, the receiving personnel shall make a record, read it to the complainant or make it available for their review, and after confirming that its content is correct, it shall be signed or sealed by the complainant. The written document in the preceding paragraph shall be signed or sealed by the complainant and clearly state the following matters:
（1）The complainant's name, gender, date of birth, identification document number, service unit and job title, domicile or residence, and contact telephone number.
（2）If there is a legal representative, their name, gender, date of birth, identification document number, occupation, domicile or residence, and contact telephone number.
（3）If there is an appointed agent, their name, gender, date of birth, identification document number, occupation, domicile or residence, and contact telephone number (a power of attorney shall be attached).
（4）Factual content and relevant evidence of the complaint.
（5）Time when the sexual harassment incident occurred or became known.
（6）The date (MM/DD/YYYY) of the complaint.
13.If a complaint is filed for an incident that does not fall within the scope of sexual harassment, or if the written complaint or oral record does not comply with the provisions of the preceding article, and the situation can be corrected, the complainant shall be notified to make corrections within 14 days. If corrections are not made within the time limit, the complaint shall not be accepted.
14.When receiving a sexual harassment complaint, the agency shall, based on the site where the incident occurred and the identity relationship of the parties, first clarify the applicable laws and regulations of the incident and judge whether it has investigation authority, and then conduct complaint investigation and handling procedures according to the provisions of each law:
（1）Complaint incidents subject to the Employment Act:
a.Upon receiving the victim's complaint, immediately notify the local competent authority where the victim provides labor.
b.Initiate investigation procedures according to the internal regulations of the agency: The Chairperson of the Committee shall assign three or more members to form an investigation team to conduct an investigation within 7 days from the date the complaint or referral arrives. The members shall be external professionals with gender awareness. External experts and scholars may be hired to assist in the investigation when necessary. Female representatives of the investigation team shall not be less than one-half of the total number, and one person shall be elected as the team convener; the case shall be closed within 2 months from the day following the receipt of the complaint, and may be extended by 1 month if necessary, with notification to the parties. For sexual harassment complaints that have entered judicial procedures, the Committee may, with the consent of the complainant, resolve to suspend the investigation and resolution, without being subject to the case closure deadline.
c.Submit the investigation results to the Committee for review to make a resolution on whether sexual harassment is established.
d.Notify the complainant, respondent, and relevant agencies (units) in writing of the resolution.
e.Notify the local competent authority where the victim provides labor of the processing results.
（2）Complaint incidents subject to the Prevention Act:
a.If the Prevention Act applies after receiving a complaint, judge whether it has the authority to accept the complaint investigation. If it lacks investigation authority, it shall find out within 14 days from the date of receiving the complaint and refer the case to an accepting unit with investigation authority. If it cannot find out, it shall refer the case to the police agency where the sexual harassment incident occurred to conduct an investigation into the sexual harassment complaint; the referral shall notify the parties in writing and copy the county (city) competent authority.
b.Judge whether there are any of the following circumstances for non-acceptance. If so, it shall be referred to the competent authority where the Headquarters is located for confirmation:
i.The party submits a complaint after the time limit.
ii.The complaint does not comply with statutory procedures, and fails to make corrections by the deadline after being notified to do so within a time limit.
iii.For the same sexual harassment incident, filing a complaint again after withdrawing the complaint or being deemed to have withdrawn the complaint. 3. For confirmed accepted complaint incidents, initiate investigation procedures in accordance with the internal regulations of the agency: The procedure and investigation timeline are the same as specified in Item 2 of the preceding subparagraph.
c.For confirmed accepted complaint incidents, initiate investigation procedures in accordance with the internal regulations of the agency: The procedure and investigation timeline are the same as specified in Item 2 of the preceding subparagraph.
d.The investigation results of the Committee investigation team shall form an investigation report and processing recommendations, which shall be referred to the competent authority where this agency is located for review and decision on whether it is established.
15.Principles for complaint investigation and deliberation:
（1）The investigation of sexual harassment incidents shall be conducted in a non-public manner, protecting the privacy and other rights and interests of the parties involved.
（2）For the deliberation of complaint incidents, the parties and related persons may be notified to attend and explain; when necessary, relevant personnel or experts and scholars related to the case may be invited to attend and explain.
（3）During the investigation, the perpetrator and the persons or units invited to assist in the investigation shall cooperate and provide relevant information, and shall not evade, obstruct, or refuse.
（4）The investigation of sexual harassment incidents shall adhere to the principles of objectivity, fairness, and professionalism. When convening meetings, the parties and related persons may be notified to attend and explain, giving the parties full opportunity to state their opinions and present defenses.
（5）If the complainant's statement is clear and there is no longer a need for questioning, repeated questioning shall be avoided.
（6）When there is a power imbalance between parties or witnesses in a sexual harassment incident, cross-examination between them shall be avoided.
（7）When necessary for investigation, investigators may prepare separate written materials within the scope of not violating confidentiality obligations, and make them available to the parties for review or inform them of the main points.
（8）Improper discriminatory treatment shall not be given to persons who make complaints, file charges, report, file lawsuits, testify, provide assistance, or engage in other participating acts during the complaint, investigation, prosecution, or trial procedures of sexual harassment incidents.
16.Personnel participating in the handling, investigation, and deliberation of sexual harassment complaint incidents shall comply with the following provisions:
（1）Protect the personal privacy and other rights and interests of the parties and individuals invited to assist in the investigation; confidentiality shall be maintained regarding their names or other information sufficient to identify their identities, except where necessary for investigation or based on public safety considerations.
（2）Do not forge, alter, destroy, or conceal evidence of workplace sexual harassment incidents.
17.Personnel participating in the investigation who handle, investigate, and deliberate sexual harassment complaint incidents shall recuse themselves voluntarily if they are the complainant, respondent, or have a relationship with the complainant or respondent as spouse, former spouse, blood relative within four degrees of kinship, or relative by marriage within three degrees of kinship. The same applies to those who should recuse themselves voluntarily as specified in the Enforcement Rules of the Sexual Harassment Prevention Act.
If the personnel mentioned in the preceding paragraph should recuse themselves but fail to do so voluntarily, or if there are other concrete facts sufficient to show a likelihood of bias in the execution of their duties, the parties may apply to the Committee for recusal in writing stating the reasons and facts; the personnel against whom recusal is applied may submit a statement of opinion regarding the application.
Before the Committee makes a decision to approve or reject the application incident, the personnel against whom recusal is applied shall suspend handling, investigation, or deliberation work. However, in case of urgent circumstances, necessary measures shall still be taken.
If the personnel in the first paragraph should recuse themselves voluntarily but fail to do so, and the parties have not applied for recusal, the Committee shall order them to recuse themselves.
18.The results of the investigation into sexual harassment complaint incidents shall include the following matters:
（1）The cause of the sexual harassment complaint incident, including descriptions by the parties.
（2）Records of the investigation interview process, including dates and subjects.
（3）Fact-finding and reasons.
（4）Processing recommendations.
19.If a party to a complaint incident under the Employment Act is a civil servant and dissents from the decision of the complaint incident, they may also file a re-examination with the Civil Service Protection and Training Commission within 30 days starting from the day following the receipt of the written notice; if they are not subject to or mutatis mutandis applicable to the Civil Service Protection Act and dissent from the decision of the complaint incident, they shall file a complaint with the local competent authority.
If a party to a complaint incident under the Prevention Act dissents from the decision on the investigation results, they may file an administrative appeal in accordance with the law within 30 days starting from the day following the delivery of the notice of investigation results.
20.A respondent determined by the Committee to have committed sexual harassment behavior shall be subjected to appropriate punishment according to the severity of the circumstances, and the case shall be referred to relevant units to execute relevant matters; if it is verified that there are facts of malicious fabrication, appropriate punishment shall also be imposed on the complainant.
21.During the investigation of sexual harassment incidents, depending on the victim's physical and mental condition, active efforts shall be made to provide or refer counseling, psychological counseling, legal assistance, social welfare resources, and other necessary services.
22.The Headquarters shall take follow-up tracking, assessment, and supervision regarding the review results of sexual harassment incidents to ensure the effective implementation of disciplinary or handling measures, and to avoid the recurrence of similar incidents or retaliatory situations.
23.All members of this Committee serve without pay. However, members who are not employees of the Headquarters serving concurrently may receive manuscript fees or attendance fees in accordance with regulations for drafting investigation reports and attending meetings.
24.The funds required for this Committee shall be covered under the relevant budget items of the Headquarters.
25.Matters not covered in these Guidelines shall be handled in accordance with relevant laws and regulations such as the Employment Act and the Prevention Act.