學校人員懲戒處分初探   全文下載

Initial Exploration on Disciplinary Disposition of School Personnel

《公務員懲戒法》是學校人員較少接觸的法律，為期學校人員明晰該法及相關救濟規定，本文爰加以探究。結果如下：一、學校人員中，校長、依法任用之公務人員與技術人員、及兼行政職務之聘任教師，是屬於《公務員懲戒法》適用對象。二、學校人員過去受懲戒之類型可分為七類：校內金錢財物及採購問題、校內性侵害性騷擾事件、校內行為違反其他刑事法律、未利益衝突迴避、校內其他不當行為、校外行為違反刑事法律、商業兼職。三、現行《公務員懲戒法》的懲戒處分種類包含：撤職、休職、降級、減俸、記過、申誡，而《公務員懲戒法修正草案》另增列「罰鍰」、「剝奪、減少退休金」之懲戒處分。四、停職處分對權益的影響主要為無法領取停職期間各項加給。停職處分之救濟管道，學校教師及校長應依《教師法》有關教師申訴之規定提起申訴，或依《訴願法》、《行政訴訟法》請求救濟；依法任用之公務人員與技術人員可依《訴願法》或《公務人員保障法》向主管機關請求救濟，對救濟結果不服者則可再依《行政訴訟法》提出訴訟。五、依法復職者，主管機關應回復原職務或與原職務職等相當或與其原敘職等俸級相當之其他職務。

School personnel are less exposed to Public Functionaries Discipline Act; therefore in order to get school personnel familiar with the Act and the related relief regulation, this study has tried to explore the matter and has the following findings.
1. Among the school personnel, principals, civil servants and technicians appointed by law, and teachers serving concurrently as administrators are applicable to Public Functionaries Discipline Act.
2. In the past, disciplinary disposition of school personnel were divided into seven categories: school property and procurement issues, school sexual assault and sexual harassment, on campus violation of other criminal laws, fail to espouse conflict of interests prevention, other misconduct on campus, off-campus violation of the criminal law, and having concurrent jobs of business.
3. The types of disciplinary dispositions of Public Functionaries Discipline Act include: dismissal, suspension from office, demotion, pay reduction, demerits, and reprimand. Moreover, the amended draft of Public Functionaries Discipline Act has added “fines” and “nullification or reducing retirement pension” in the disciplinary dispositions.
4. The major impact of suspension of duty is not able to have various subsidies during the period of suspension of duty. The relief channels of disciplinary disposition of suspension of duty shall be put forwards to help school teachers and principals according to Teachers’ Act, Administrative Appeal Act, and Administrative Litigation Act. Civil servants and technicians appointed by law can base on Administrative Appeal Act or Civil Service Protection Act to request for relief from the authorities and for those who are not satisfied with the results may raise a suit resorting Administrative Litigation Act.
5. Those reinstated by law shall resume his/her original position or other position equivalent to his/her original position.