Student Complaint Committee Set Up and Operation Guidance
In order to protect the rights of the students, mediate disputes, promote harmony on campus, and bring educational skills into full play, the school established this guidance according to Article 33 of the University Law, MOE Guidelines Regarding the University and College Student Grievance Process.
When a student, the student union, or other related student self-rule association considers that their rights or interests were unlawfully or improperly injured by the punishments, other measures, or decisions made by the school, a complaint may be made according to the regulations in this guidance.
A student is hereby defined as a person with student identification during the school punishment; student self-rule association means a student self-rule group established under the approval of the school.
The complaint made by the student union must pass through a member meeting with relevant proof documents.
The Student Complaint Committee (also called ‘the Committee’) is consists of 14 members, including the people described below:
- Teacher representative 7 people: teachers without business affairs recommended by each department and the general education center
- Student representative 4 people: selected from the student union, at least one from university, and one from graduate school
- Law professional 1 person: the legal advisor of the school
- Mental counseling professional 1 person: recommended by the counseling center of the student affairs office
- Education professional 1 person: recommended by the education department
The participants of the student affairs conference or those responsible for student rewards and punishments decision-making may not be the committee member. Related professionals and scholars may be invited to the meeting according to the needs of each complaint case.
All committee members are positions without remuneration appointed by the principal for a term of one year. If a member quits during the term, the original organization must select another person.
The chief of the Committee is elected among the members for a term of one year. He/she may be reelected and reappointed. The chief is the convener of the meeting; the first meeting of each term shall be convened by the principle. If necessary, the chief may assemble a provisional meeting.
The student affairs office is responsible for the administration business of the Committee.
At least half of the members should be present during the meetings. A favorable vote of at least two-thirds of the committee member is required for passing the final decision of the appraisal letter; at least half of the committee member is required for passing other decisions. If a member cannot attend the meeting, he/she may not appoint a representative. Law professionals and mental counseling professionals should appoint a representative of the same professional background.
For the committee members who are considered to be an interested party, the complaint should apply for their absence before the appraisal meeting begins. The members who consider themselves an interested party should apply for absence.
Cases that involve sexual harassment, sexual assault, and sexual bullying do not apply to the regulations in this guidance.
The complaint should be made within thirty days after the student receives a reward or punishment letter or the student self-rule association receives a reward or punishment or other measures from the school.
The complaint made by the student self-rule association should pass through a motion in the member meeting with relevant proof.
Late applications will not be accepted. Applications submitted after the administrative appeal period stipulated in the last Article was expired due to other causes not contributed to applicants may file an application to restore her/his original status via a written statement. It should prescribe the reasons for late submission within 10 days after the reasons were demolished.
The complainant must complete the application form with the following information, sign it, and attach it with relevant documents and proof:
- The complainant’s name, date of birth, ID card number, contact telephone number, residential address, department, grade, student ID card number
- Original institution
- Facts and reasons for the complaint
- Compensation expected
- Relevant documents and proof
The student union or other student self-rule associations should select a maximum of three representatives with appointment letters when applying for a complaint.
Applications that fail to meet the regulations shall be returned and are expected to be corrected within seven days.
The same case may be applied only once by the student, student union, or other student self-rule associations.
If the case is withdrawn by the complainant before the appraisal decision letter is made, the same case may not be applied again.
After the complaint is made, the complainant should inform the Committee in written form if taking any legal action.
The assembly of the meeting is confidential but will inform the complainant, representative of the respondent institution, and related person(s).
All procedures including the suggestions and decisions of the committee members must be kept confidential. The basic information of the complainant must be confidential if the case involves student privacy.
The Committee will inform the respondent within three days after receiving an application and ask the original institution to make a statement.
The related organization should send a statement with relevant documents to the Committee within seven days after receiving the notice. However, if the original institution considers the complaint has a reason, it may withdraw or change the original punishments and inform the Committee.
If the original punishment institution does not make a statement within the time limit described above, the Committee will reject the appraisal.
The decision of an appraisal should be completed within thirty days from the date the application or offense report is accepted. The appraisal may be extended once if necessary, and each extension may not exceed two months' time. The complainant shall be notified of the extension. Cases involving dropping out of school or expulsion from school may not be extended.
For the complaints of dropping out of school or expulsion from school, before the school appraisal decision is made, the student may stay in school if apply in written form.
The school shall consult the Committee upon receiving the written application; results will be given within one week considering the student’s daily life and academic status. Except for graduation certification, other course takings, grading, rewards, and punishments shall follow the precedent of normal students.
If the complaint is necessary to be investigated or understood on-the-spot, an ‘investigation team’ of three to five members shall be established through the approval of the committee meeting.
If the complaint is made by the student due to sexual harassment, sexual assault, or sexual bullying incident and its attributes to Article 28 of the Gender Equity Education Act, it shall be processed according to the Gender Equity Education Act.
Before the discussion, the Committee should decide on the conclusion of the appraisal and draft the appraisal decision letter with the signature of the chief of the committee.
Aside from the main content, the appraisal decision letter should include facts and reasons; remedy measures should be concretely stated. Rejected complaints should also be made into appraisal decision letters but stating only the main content and the reasons.
According to the association of the Student Complaint Committee, the appraisal decision letter should be sent to the complainant and the original institution after it is ratified by the principal. The school shall take action on the measure written in the appraisal decision letter. If the original institution considers that the measures are against the regulation or are impossible to realize, it must state specific facts and reasons to the principle and inform the Committee within ten days after receiving the letter. If the principal approves, the case may be reappraised once by the Committee. If in a special situation, the complaint or the original institution cannot state the facts and reasons in a limited time, the time of reapplication and reappraisal may be extended.
The complainant should accept the appraisal conclusion of the Committee. If the complainant does not agree with the conclusion, he/she may state new evidence and apply for reappraisal within ten days after receiving the decision letter. If a complaint of expulsion from school is confirmed through the appraisal, the student’s study and student status shall be processed as the following regulation:
- The end of study time on the certification of courses studied should be the time of the punishment.
- A credit certificate will be given for the courses taken during the complaint period.
The student’s military service, refund standards shall be processed as the following:
- Refund standards will be made according to Article 15 of the Tuition FeeRegulations for Junior Colleges and Institutions of Higher Education and Article8 of the Student Fee Regulations for Junior Colleges and Institutions of HigherEducation.
If the student cannot resume studies on time due to special situations, the school shall help him/he returns to study; for the draftee who has already started his military duty, the school shall retain his status as a student and help him return to studies after retirement. The expulsion procedures of the student should be canceled if the student is returning to school.
If not agree with the punishments of the school, the complainant may write an appeal letter and send it with the appraisal decision letter within thirty days after receiving the letter. It will be sent to the Ministry of Education after it has been reviewed by the school.
If the complaint does not agree with the school’s punishments, other measures, or decisions made in the reappraisal, he/she may take legal actions in order to seek relief.
Except for the regulation in this guidance, the Committee will also process complaint cases according to the Administration Appeal Act.
This guidance has been approved in the school affairs meeting; it takes effect after being ratified by the Ministry of Education.