大學自治下大學教師資格送審著作的審查機制

Review Mechanism on the Works Submitted by University Professors for Accreditation Reviews that Violate Academic Ethics

二○一六年間發生震驚國內學界的臺大教師違反學術倫理案件，其中涉及教師資格送審著作內容造假、變造的情事。依專科以上學校教師資格審定辦法規定，送審人如有違反，應撤銷及追繳教師資格證書，一定期間內不受理教師資格申請。違反教師資格的審查程序及認定基準，由教育部來訂定。然而，教師資格送審著作有無違反規定情事，最主要乃在於有無違反學術倫理規範，而學術倫理規範則必須透過各學門領域專業來認定，無法有同一判斷標準。大學教師資格審定涉及國家公權力的認定，影響教師的工作權益及學術聲譽，教師資格送審著作若有涉及學術倫理規範，其審議程序應十分嚴謹，恪遵專業審查與學術自律精神。本文從大學自治出發，來探討大學教師資格審定是否屬於大學人事自主的範圍，大學教師資格送審著作違反規定與學術倫理規範二者間的關係？依教育部頒布「專科以上學校教師違反送審教師資格規定處理原則」如何進行審理，教師評審委員會或審理單位對於教師資格送審著作的審議程序，提出評析意見，以期體現大學自治的精神與促進學術自律的功能。

An incident in which a professor from National Taiwan University violated academic ethics shocked the Taiwanese academia in 2016. The professor was charged with falsification and alteration of the works he submitted for professor qualification review. In accordance with the Regulations Governing Accreditation of Teacher Qualifications at Junior Colleges and Institutions of Higher Education, applicants that violate academic ethics shall have their professor certification revoked and returned, and their applications for professor qualification shall be rejected for a specific period. The criteria and review procedure of the violation of professor qualifications are enacted by the Ministry of Education, but whether the works submitted by applicants for review have violated academic regulations is mainly involved with academic ethics guidelines of which the determination must be made by the professionals in various disciplines rather than by unified standards. University professor qualification review involves the public power of the state and affects professors’ job rights and academic reputations. The procedure of reviewing the works involving academic ethics issues, which works are submitted by professors for accreditation review, must be rigorous and follow the principles of professionalism and academic self-discipline. From the perspective of university autonomy, this study explored whether professor accreditation review must be governed by university on the basis of university personnel autonomy and how its procedure differed from that of general academic findings review. Analysis was conducted on the review procedure based on the Principles for Responding to Violations of Regulations Governing Accreditation of Teacher Qualifications by Teachers of Junior Colleges and Institutions of Higher Education enacted by Ministry of Education as well as the procedures of teacher review committees or units in reviewing works submitted for accreditation review. Comments and Suggestions were proposed accordingly to fulfill the principles of university autonomy and academic self-discipline.