英文摘要 |
"Universities shall establish the teacher review system for reviewing the achievements of the teaching, research, instruction and services as important references for upgrading, reengagement, long term suspension, refusal of reengagement and encouragement of teachers", stated in Article 21 of University Act. As a result, both public and private universities have "teacher review" system in Taiwan. Due to the result of teacher review will impact the right of university teachers, this article firstly discusses the university teacher review system and academic freedom under the protection of Constitution, the authors believe teachers’ quality effects teaching and research. Thus, in order to pursue excellence, the relative review regulations could be made. Unless the review items are inappropriately proportioned, universities could establish their own teacher review systems and review their teachers in accordance with Constitution. Secondly, regarding the legal nature and practice of not passing the first review, there are classified into "administrative sanction" and "non- ’administrative sanction". This article argues, due to failure of passing the first review will impact teachers’ property right, leave right and honor, its legal nature shall belong to administrative sanction. In the regard of failure in passing the second review which normally comes to the result of "no renewal employment", it complies with the regulation of Article 14-1, though its legal nature is varied depending on public or private universities. Then, the remedy of failing to pass the review could be classified into inside the university remedy and outside the university remedy. In the most cases, inside the university remedy could be varied depending on the university’s regulations, there could be different modes, including response, re-response or appeal. This article argues one shall appeal to the university when failing to pass the university teacher review under the Article 29 of Teachers’ Act, which stated," when a teacher considers the measures taken against him/her by the competent educational authority or the school illegal or inappropriate, and so his/her rights are damaged, s/he can appeal to the Teachers’ Appeal Review Committee of all levels." If one is not satisfied with the result or reply from university, he or she could re-response to the Department of Education or take legal actions toward university. In addition, scrutiny of judicial review on the university teacher review and promotion is diverse. However, the purpose of university teacher review is to level up the quality of university teachers and their research work. Thus, it is related to the teachers’ rights, like leaves, transfer, promotion, and exploit of work right. Hence, it is crucial for courts to consider the relative regulations and decide whether there could be "professional abuse." |