校園性侵害事件通報義務之探究－以某中學個案為例

Obligation to report the events of campus sexual assault－A case study of a high school

學校在發生校園性侵害事件時，常因為不熟悉相關的校園處理作業，尤其是第一時間發生性侵事件時的通報流程，以致延誤後續的作業處理時機，不但傷害到了學校，也傷害到事件的當事人。本研究除了分析校園疑似性侵害事件發生時之處理流程、近年校園疑似發生性侵害事件之統計數據，並從法律規範層面探討學校於發生疑似校園性侵害事件時所負之通報義務外，針對某發生校園性侵害事件之中學的一位老師、一位學生及一位負責通報校園性侵害事件業務的行政人員進行訪談，試圖探索校園發生性侵害事件時，學校進行通報程序之流程過程，及被通報的老師、進行通報的學校與被認為是被害人的學生之主觀歷程感受。研究結果發現：一、在通報流程中，學校的承辦人員方面，對於法律所規定之通報義務內涵，已經能充分掌握法律規範的內容，且對於通報程序亦堪稱熟悉。二、被通報的老師則認為學校依法進行通報雖然是依法行政，但是好像有點小題大作，因為片面聽取學生及家長的指控，就把自己無心的行為曲解成是校園性侵害事件，讓自己覺得很受傷且不受尊重。三、被通報的學生則認為自己向學校提出檢舉後，對於學校依法辦理通報認為是正確的事。通報後，學校很保護自己，知道內情的同學與老師都很支持自己。在建議部分，就本研究結果所得，分別提出建議如下：一、強化學校辦理校園性侵害事件之程序知識。二、強化校園中尊重自我與他人身體主權觀念的宣導。三、校園性侵害事件犯罪被害預防之宣導。

When a sexual assault event happens in school, we often delay to take necessary measures because of being unfamiliar with the procedures of dealing with the campus events, especially on the reporting procedure in real time when a sexual assault event happens. It hurts the school and the parties of the event. This study analyzed the handling procedures when suspected sexual assault events happened in campus, and also analyzed the statistical data on suspected campus sexual assault events happened in recent years. From the viewpoint of law, a school’s notification obligation was probed when a suspected campus sexual assault event happened. Besides, after a sexual assault event happened in a high school, aschool teacher and a school administrator who was responsible for notifying said campus sexual assault event were interviewed. It was attempted to explore the school notification procedures, the teacher being notified, the notifying school and the so-called student victim on her subjective feeling. The research findings showed: 1.The school administrator completely understood the mandated notification obligation, and was also very familiar with the notification procedures. 2.The notified teacher thought it was somewhat like a storm in a teacup, although the school proceeded with a notification according to the administration regulations, because it was one-sided talk from the student or the parent’s allegation, and slanted the accused party’s unintentional act to be a campus sexual assault. The accused party felt he was hurt and not respected. 3.The notified student thought it was right that she impeached the inflictor to the school, and the school notified the authorities according to the regulations. After notification, the school much protected the notified student herself, and the classmates and the teachers who knew this event all supported her. According to the findings of the research, it is suggested: 1.Provide the school with more knowledge on the procedures of dealing with the campus sexual assault events. 2.In the campus, propagate a subjective concept of respecting self’ and other’s bodies. 3.Propagate prevention against campus sexual assault events.