法規內容
下載法規原始檔 |
國立成功大學校長遴選辦法 National Cheng Kung University Regulations Governing Presidential Election |
82 年 12 月 22 日 82 學年度第 1 次校務會議修訂通過 85 年 5 月 1 日 84 學年度第 5 次校務會議修訂通過 85 年 5 月 26 日 84 學年度第 6 次校務會議修訂通過 89 年 6 月 14 日 88 學年度第 3 次校務會議修訂通過 95 年 1 月 11 日 94 學年度第 3 次校務會議修訂通過 95 年 6 月 21 日 94 學年度第 5 次校務會議修訂通過 102 年 10 月 30 日 102 學年度第 1 次校務會議延會修訂通過 110 年 11 月 3 日 110 學年度第 1 次校務會議修訂通過 |
第 一 條 國立成功大學(以下簡稱本校)為延攬優異人才領導學校,依大學法第九條及本校組織規程第二十五條規定,訂定本辦法。
第 二 條 本校應於現任校長任期屆滿十個月前或因故出缺後二個月內,依本辦法組成校長遴選委員會(以下簡稱遴委會),並於組成後八個月內完成校長遴選。
第 三 條 遴委會置委員二十一人,任一性別委員不得少於各該類別代表總數三分之一。委員類別如下: 一、學校代表九人。 二、校友代表及社會公正人士九人。 三、教育部遴派之代表三人。 前項第一、二款代表由校務會議推選(薦),以得票數最高者當選,其餘候選人為該類組之候補委員,產生方式如下: 一、學校代表九人,含各學院及非屬學院推選之專任助理教授以上之教師代表七人、學生代表一人及編制內職技人員及校聘人員之代表一人: (一)委員配置及類組如下: 1.文學院及社會科學院:合併推選一人。 2.理學院及生物科學與科技學院:合併推選一人。 3.管理學院及非屬學院(含教務處體育室、學生事務處軍訓室、計算機與網路中心、圖書館及通識教育中心等):合併推選一人。 4.電資學院及規劃與設計學院:合併推選一人。 5.工學院及醫學院:合併推選三人,但各學院至少一人。 6.學生代表一人。 7.編制內職技人員及校聘人員之代表一人:由組員或同職級以上人員擔任。 (二)學校代表之任一性別委員不足額時,由多數性別得票數最低之組別之少數性別候補委員,依得票數高者依序遞補。但每組以一人為限。原當選遴選委員調整為優先候補委員。 (三)遴選期間委員因故出缺,致學校代表之任一性別委員不足額時,應由出缺類組之相同性別候補委員遞補之。如教師代表出缺,且該所屬類組之性別候補委員不足遞補時,由其他類組之相同性別候補委員,依得票數最高者遞補之。 (四)委員候選人之推薦人數如下: 1.教師代表:專任講師以上人數超過二百人者,推薦三至四人;低於二百人者,推薦二至三人。 2.學生代表:由學生會推薦四至六人。 3.編制內職技人員及校聘人員代表:由編制內職技人員及校聘人員推薦四至六人。 (五)委員候選人推薦方式由各學院、非屬學院(由管理學院召集)、學生會及人事室訂定,任一性別推薦候選人不得少於推薦人數三分之一。 二、校友代表及社會公正人士九人: (一)委員配置如下: 1.校友代表四人:人文社會、理工生醫領域之代表各至少一人。 2.社會公正人士五人。 (二)委員候選人由各學院、非屬學院及學生會分別推薦校友代表及社會公正人士二至三人。 (三)委員候選人推薦方式由各學院、非屬學院(由管理學院召集)及學生會訂定,任一性別推薦候選人不得少於推薦人數三分之一。 (四)任一性別委員不足額時,由得票數較高之少數性別候選人依得票數多寡,依序遞補。 (五)本校現職專任人員與學生,不得被提名為校友代表或社會公正人士。 同一人連續受聘擔任本校之遴委會委員,以一次為限。但中華民國一百零八年八月一日前已擔任之次數,不列入計算。
第 四 條 本校應於聘任遴委會委員次日起三十日內召開第一次會議。 遴委會置召集人一人,由委員互選產生,召集會議並擔任主席。召集人因故不能出席時,由委員互推一人代理之。
第 五 條 遴委會應本獨立自主之精神執行下列任務: 一、決定候選人產生方式。 二、決定遴選程序。 三、審核候選人資格。 四、選定校長人選由本校報教育部聘任。 五、其他有關校長遴選之相關事項。 本校秘書室應組成工作小組,協助遴委會執行前項所定任務(包括遴選作業細節性規定之擬訂、候選人遴選表件資訊揭露及資格之初審、遴選程序進行、法規諮詢及其他遴委會所提協助事項)。 遴委會工作小組之運作,依遴委會之指示辦理。
第 六 條 遴委會開會時,委員應親自出席,不得委託他人代理;應有三分之二以上委員出席,始得開會,並經出席委員過半數之同意,始得決議。
第 七 條 本校校長候選人須具備下列條件: 一、曾擔任教授五年以上。 二、具有三年以上之教育或學術行政經驗。 三、處事公正且能超越政治、宗教、黨派及營利單位等利益。現有兼任上述相關職務者,須書面承諾於應聘校長前放棄之。 四、在學術上著有成就與聲望。 五、有高尚品德與情操。 六、能充分尊重學術自由。 七、具有前瞻性之教育理念。 八、具有卓越規劃、組織及領導能力。 九、有爭取及妥善運用資源之能力。
第 八 條 校長候選人依下列方式推薦之: 一、由遴選委員推薦。 二、由校內專任講師以上之教師推薦,每人至多推薦校內、外人士三人。 三、由國內、外學術單位之教授(副教授)或研究員(副研究員)推薦。 四、由校外學術團體推薦。 五、由本校各地區校友會推薦。
第 九 條 候選人不得從事競選活動;亦不得與遴委會委員在遴選期間有與遴選事務相關之私人接觸。
第 十 條 候選人應於參加遴選之表件揭露下列事項: 一、符合教育人員任用條例所定大學校長資格之學經歷。 二、聲明未具教育人員任用條例所定消極任用資格。 三、學位論文名稱及指導者姓名。 四、遴選表件收件截止日前三年內,曾擔任營利事業董事、獨立董事、監察人或其他執行業務之重要職務。 五、其他經遴委會決議應揭露之職務、關係或相關事項。 遴委會委員與候選人間有下列情形之一者,應向遴委會揭露: 一、配偶、前配偶、四親等內之血親或三親等內之姻親或曾有此關係。 二、學位論文指導之師生關係。 三、遴選表件收件截止日前三年內,曾同時擔任同一營利事業董事、獨立董事或監察人。 四、遴選表件收件截止日前三年內,曾同時擔任同一營利事業決策或執行業務之職務。 五、遴選表件收件截止日前三年內,曾同時任職於本校,且曾有聘僱或職務上直接隸屬關係。 六、其他經遴委會決議應揭露之職務、關係或其他相關事項。 遴選表件收件截止日後至遴定校長人選前,候選人或遴委會委員有前二項規定應揭露之事項,亦應向遴委會揭露。 遴委會委員與候選人間有前二項所定應揭露情形以外之事項,得自行向遴委會揭露。
第 十一 條 遴委會委員為校長候選人者,當然喪失委員資格;有下列情形之一者,經遴委會確認後,解除其職務: 一、因故無法參與遴選作業。 二、與候選人有前條第二項第一款至第三款所定關係。 遴委會委員有依前條第二項第四款至第六款與第三項規定應揭露之事項及依前條第四項規定自行揭露之事項者,應提遴委會討論,作成是否解除委員職務或迴避之決議。 遴委會委員有應解除職務之事由而未解除職務,或有具體事實足認遴委會委員執行職務有偏頗之虞者,教育部得以書面送交本校轉請遴委會議決;候選人或遴委會委員並得以書面舉出其原因及事實,向遴委會申請解除其委員職務。遴委會議決解除職務前,應給予該委員陳述意見之機會。 遴委會委員喪失資格或經解除職務所遺職缺,按身分別依第三條訂定之遞補方式規定遞補之。
第 十二 條 依前條第一項第二款應解除職務之遴委會委員參與決議者,該遴委會之決議當然違背法令而無效。 前條第一項第二款以外應解除職務之遴委會委員參與之決議效力,遴委會應於委員遞補後開會議決。
第 十三 條 遴委會就下列事項應單獨列案逐案審查,並以無記名投票方式作成決議: 一、依第五條第一項第三款與第四款規定審核候選人資格及選定校長人選。 二、依第十一條第一項、第二項或第三項規定作成解除委員職務或迴避之決議。 三、依前條第二項規定議決應解除職務之遴委會委員參與決議之效力。
第 十四 條 校長遴選程序分為以下三階段: 一、第一階段:由遴委會依第七條所定條件進行遴選,並同時秘密徵詢被推薦人參選意願,自被推薦人中決定二至八人參與第二階段之遴選。 二、第二階段: (一)遴委會應將第一階段選出之候選人資料上網公布,並分送予本校專任講師以上之教師,且安排適當時間與地點,於教師行使同意權之前,舉辦說明會。教師就個別候選人行使同意權投票。 (二)個別候選人之同意票達投票總人數五分之一之通過門檻後,即對該候選人停止計票。 (三)通過同意權門檻之候選人如達二人以上,即進行第三階段遴選。如通過者未達二人,則保留已通過同意權門檻之校長候選人,遴委會並應再次公告徵求校長候選人進行遴選,每次公告以十四日為原則,直至另行通過同意權門檻之校長候選人併同原獲保留之校長候選人名額合計達二人以上為止。原未通過同意權門檻之校長候選人,不得再次參加遴選。 三、第三階段:遴委會應邀請參與第三階段遴選之候選人,說明其辦學理念,再由其中遴選出校長人選。 候選人資料呈現時,除法律另有規定或依遴委會決議辦理外,均按姓名筆畫排序之。
第 十五 條 遴委會開會時,得視需要邀請有關人員列席或提供資料。
第 十六 條 校長遴選過程,在遴選結果未公布前,參與之委員及有關人員應嚴守秘密。但其他法律另有規定或遴委會依法決議予以公開者,不在此限。
第 十七 條 校長就任前之遴選爭議,遴委會應於三個月內作成決議確實處理之;校長就任後之爭議,由教育部處理。 遴委會於校長就任後,自動解散。但遴委會無正當理由怠於執行第五條所定任務,或未於前項所定期限內確實處理遴選爭議者,經本校校務會議代表三分之一以上提案,二分之一以上出席,出席代表二分之一以上同意後解散。校務會議議決前,應請遴委會到會說明。 遴委會經本校校務會議依前項規定解散後,本校應於二個月內依第三條規定重新組成遴委會。
第 十八 條 遴委會委員於新任校長第一任任期內,不得擔任本校一級行政主管。
第 十九 條 遴委會委員為無給職。但校外委員得依相關規定支給出席費及交通費。 遴委會所需經費由本校支應。
第 二十 條 本辦法經校務會議審議通過後施行,並報教育部備查;修正時亦同。
National Cheng Kung University Regulations Governing Presidential Election
Amended and approved on December 22, 1993, at the first meeting of 1993 academic year University Council Amended and approved on May 1, 1996, at the fifth meeting of 1995 academic year University Council Amended and approved on May 26, 1996, at the sixth meeting of 1995 academic year University Council Amended and approved on June 14, 2000, at the third meeting of 1999 academic year University Council Amended and approved on January 11, 2006, at the third meeting of 2005 academic year University Council Amended and approved on June 21, 2006, at the fifth meeting of 2005 academic year University Council Amended and approved on October 30, 2013, at the postponed first meeting of 2013 academic year University Council Amended and approved on November 3, 2021, at the first meeting of 2021 academic year University Council
Article 1 The National Cheng Kung University Regulations Governing Presidential Election (hereinafter referred to as “the Regulations”) is established in accordance with Article 9 of the University Act and Article 25 of the Articles of Association of National Cheng Kung University (hereinafter referred to as “the University”) to encourage outstanding talent to lead the University.
Article 2 The Presidential Election Committee (hereinafter referred to as “the Committee”) must be formed in accordance with the Regulations for electing the President within 10 months prior to the expiration of the term of office of the incumbent President or within 2 months after the position of the President is left vacant with cause. The Committee must complete the election within 8 months of the establishment of the Committee.
Article 3 The Committee must consist of 21 members, and the number of members of a particular gender within each category of the Committee may not be fewer than one-third of the total number of members within that category. The Committee categories are as follows: 1. Nine school representatives. 2. Nine alumni representatives or upright members of society. 3. Three representatives appointed by the Ministry of Education. The representatives as specified in Subparagraphs 1 and 2 of the preceding paragraph are selected or nominated by the University Council. Candidates with the highest number of votes qualify as representatives. The remaining candidates are alternate representatives in their respective category. The selection method is as follows: 1. Nine school representatives, including seven faculty representatives, who hold the position of full-time assistant professor (or higher) and are from a college or non-college unit, one student representative, and one staff-and-technician representative who is a staff member or technician within the school’s organizational establishment or a contracted staff member. (1) The arrangements and categories of the school representatives are as follows: 1) One representative who is jointly selected by the College of Liberal Arts and College of Social Sciences. 2) One representative who is jointly selected by the College of Science and College of Bioscience and Biotechnology. 3) One representative who is jointly selected by the College of Management and other non-college units (including the Physical Education Office, Military Training Office, Computer and Network Center, Library, and Center for General Education). 4) One representative jointly selected by the College of Electrical Engineering and Computer Science and College of Planning and Design. 5) Three representatives jointly selected by the College of Engineering and College of Medicine. Each college must be represented by at least one representative. 6) One student representative. 7) One staff-and-technician representative who is a staff member or technician within the school’s organizational establishment or a contracted staff member. The individual must hold a position equivalent to that of an officer or higher. (2) If the number of school representatives of a particular gender does not meet the one-third requirement, the representative of the majority gender with the lowest number of votes is replaced by the alternate representative of the minority gender with the highest number of votes. The two representatives must be under the same school representative category, and only one replacement can be made in each category. The original representative becomes the first-priority alternate representative. (3) If a school representative is absent for any reason during the election, resulting in the number of school representatives of a particular gender falling short of the one-third requirement, the replacement representative must be under the same school representative category and be of the same gender. If a faculty representative is absent, and no representative under the same school representative category and of the same gender is available, the vacancy must be replaced by a representative of the same gender with the highest number of votes from another school representative category. (4) The number of candidates nominated as representatives is as follows: 1) Faculty representative: Three to four candidates can be nominated by colleges or non-college units with more than 200 faculty members who hold the position of a full-time lecturer or higher; two to three candidates can be nominated by colleges or non-college units with fewer than 200 faculty members who hold the aforementioned position. 2) Student representative: Four to six candidates can be nominated by the Student Council. 3) Staff-and-technician and contracted staff member representatives: Four to six candidates can be nominated by staff members and technicians within the school’s organizational establishment and contracted staff members. (5) The nomination process is established by the colleges, non-college units (convened by the College of Management), Student Council, and the Personnel Office. The number of candidates of a particular gender may not be fewer than one-third of the total number of candidates. 2. Nine alumni representatives and upright members of society (1) The arrangements and categories of the representatives are as follows: 1) Four alumni representatives: At least one alumni representative each must be from the fields of humanities and social science as well as science, engineering, and biomedicine. 2) Five upright members of society (2) Each college, non-college unit, and the Student Council can nominate two to three alumni or upright members of society. (3) The nomination process is established by the colleges, non-college units (convened by the College of Management), and the Student Council. The number of candidates of a particular gender may not be fewer than one-third of the total number of candidates. (4) If the number of representatives of a particular gender does not meet the one-third requirement, the representative of the same gender with the highest number of votes is elected to fill the vacancy. (5) Incumbent full-time school employees and students cannot be nominated as alumni or upright members of society. Representatives appointed as Committee members are only allowed to be consecutively reelected once; however, terms served before August 1, 2019, are excluded.
Article 4 The University must convene the first meeting of the Committee within 30 days from the next day of the appointment of Committee members. The chairperson of the Committee is elected by Committee members. The chairperson is responsible for convening meetings and acts as the chair. If the chairperson cannot attend a meeting for any reason, the members should elect a proxy.
Article 5 The Committee must complete the following tasks in an independent and objective manner: 1. Determine how presidential candidates are decided. 2. Determine the presidential election process. 3. Review the qualifications of presidential candidates. 4. Elect the President such that the University can submit the nomination to the Ministry of Education for approval. 5. Other affairs related to the presidential election. The Secretariat Office of the University must assemble a working group to assist the Committee in completing the tasks specified in the preceding paragraph, including formulating detailed regulations for electing the President, verifying the disclosed information in the application form and qualifications of the candidates, conducting the election process, and providing legal consultation or other forms of assistance as required by the Committee. The operations of the Committee working group are subject to the directions of the Committee.
Article 6 Committee members must attend meetings in person and may not appoint other individuals to act as their proxies. A Committee meeting may be convened only if more than two-thirds of all members are present, and a resolution may only be passed with the consent of more than half of all present members.
Article 7 The required qualifications of candidates for the position of President of the University are as follows: 1. At least 5 years of experience as a professor. 2. At least 3 years of experience in education or academic administration. 3. Ability to practice fairness and transcend conflicts of interest pertaining to politics, religion, political parties, and for-profit organizations. If a candidate currently holds a position in the aforementioned fields, he or she must provide a written declaration indicating that he or she has given up the position prior to his or her appointment as the presidential candidate. 4. Academic reputation and achievements. 5. High moral standing. 6. Full respect for academic freedom. 7. Forward-looking educational vision. 8. Excellent planning, organization, and leadership skills. 9. Ability to acquire and properly use resources.
Article 8 The methods for nominating presidential candidates are as follows: 1. Nomination by Committee members. 2. Nomination by University faculty members who hold the position of a full-time lecturer (or higher). Each individual can nominate a maximum of three individuals from the University or outside the University. 3. Nomination by professors, associate professors, research fellows, or associate research fellows of domestic and international academic institutions. 4. Nomination by academic groups outside the University. 5. Nomination by alumni associations of the University.
Article 9 A candidate may not conduct any campaign activity. During the presidential election process, a candidate may not make any personal contact with Committee members regarding the election.
Article 10 A candidate must disclose the following information during the election: 1. Educational and experience-related qualifications for serving as a university president as specified in the Act Governing the Appointment of Educators. 2. A declaration that he or she does not have disqualifications as specified in the Act Governing the Appointment of Educators. 3. The title of their thesis and the name of their supervisor. 4. Any directorship position, independent directorship position, supervisor position, or key position in for-profit organizations that a candidate had served within the 3 years preceding the deadline for submitting the presidential election application form. 5. Any other job position, relationship, or related information that the Committee has determined must be disclosed. If a candidate and a Committee member have one of the following relationships, the candidate must disclose this information to the Committee: 1. Current or past relationship as a spouse, fourth-degree kinship by consanguinity, or third-degree kinship by affinity. 2. One party was the supervisor of the thesis written by the other party. 3. The two parties served as directors, independent directors, or supervisors in the same for-profit organization within the 3 years preceding the deadline for the submission of the presidential election application form. 4. The two parties served in decision-making or executive positions in the same for-profit organization within the 3 years preceding the deadline for the submission of the presidential election application form. 5. The two parties worked together in the University within the 3 years preceding the deadline for the submission of the presidential election application form, and one party was the direct superior of the other party or hired the other party. 6. Any other job position, relationship, or related information that the Committee has determined must be disclosed. During the period between the deadline for the submission of the presidential election application form and electing the President, candidates and Committee members must disclose the information specified in the preceding two paragraphs to the Committee if applicable. In addition to the information specified in the preceding two paragraphs, a candidate or Committee member may voluntarily disclose other information to the Committee.
Article 11 A Committee member is dismissed if he or she becomes a presidential candidate. A Committee member is dismissed if one of the following situations occur, and the situation in question is confirmed by the Committee: 1. The Committee member cannot participate in the election process for any reason. 2. The Committee member and a presidential candidate have one of the relationships specified in Subparagraph 1–3 of Paragraph 2 of the preceding article. The Committee will discuss whether Committee members who disclosed information in accordance with Subparagraphs 4–6 of Paragraph 2 and Paragraph 3 of the preceding article or voluntarily disclosed information in accordance with Paragraph 4 of the preceding article must recuse themselves or be dismissed from the Committee. For Committee members who must be dismissed because of specific reasons but are not dismissed or Committee members who have evidence indicating their possible partiality, the Ministry of Education may send a written request to the University to request for the Committee to pass a resolution. Presidential candidates or other Committee members may provide in writing the reasons and facts pertaining to said Committee members’ disqualification to the Committee and request their dismissal. Before the Committee dismisses Committee members, the members in question must be granted the opportunity to express their opinions. The vacant seat of the disqualified or dismissed Committee member is replaced by category in accordance with the replacement method provided in Article 3.
Article 12 Resolutions passed by members who are dismissed in accordance with Subparagraph 2 of Paragraph 1 of the preceding article are in violation of the law and are invalid. For resolutions passed by members who are dismissed because of causes other than those specified in Subparagraph 2 of Paragraph 1 of Article 11, the Committee must convene to determine the validity of such resolutions upon the filling of the vacancy.
Article 13 The Committee must review the following items on a case-by-case basis and pass resolutions through a secret ballot: 1. The qualifications of candidates and the election of the President in accordance with Subparagraphs 3 and 4 of Paragraph 1 of Article 5. 2. Resolutions for dismissing or recusing Committee members in accordance with Paragraphs 1–3 of Article 11. 3. Rescission of resolutions passed by dismissed members in accordance with Paragraph 2 of the preceding article.
Article 14 The presidential election process is divided into the following three stages: 1. First stage: The committee selects presidential candidates in accordance with the conditions stated in Article 7 and discreetly consults the nominated candidates to understand their willingness to participate in the presidential election. Two to eight candidates are selected from the list of nominated candidates to participate in the second stage of the presidential election.
2. Second stage: (1) The Committee must publish the information of the candidates selected in the first stage online and convey the information to faculty members who hold the position of full-time lecturer or higher. The Committee must also schedule an appropriate time and place for a briefing session before the faculty members exercise their rights by voting for candidates. Faculty members exercise their rights by voting on each candidate after the briefing session. (2) A candidate who receives more than one-fifth of all votes passes the threshold, and the additional votes received by the candidate are not tallied. (3) The third stage begins when two candidates or more pass the threshold. If less than two candidates pass the threshold, their candidacy is retained, and the Committee must announce another round of presidential election and request for presidential candidates; the announcement period for each announcement is 14 days. This procedure is repeated until additional presidential candidates are elected such that the number of candidates passes the threshold of at least two. Presidential candidates that did not meet the threshold in the previous presidential election may not participate in the next round of the presidential election.
3. Third stage: The Committee must invite candidates participating in the third stage of the election to explain their vision. The Committee then elects the President from the presidential candidates. Unless otherwise stated by the law or by resolutions passed by the Committee, the order of the information of the candidates are published in accordance with the stroke order of their surnames.
Article 15 During Committee meetings, related personnel may be invited to attend or provide information.
Article 16 During a presidential election, Committee members and related personnel must adhere to the principles of confidentiality before the announcement of election results. This is not applicable to information that is made public by law or by the Committee in accordance with the law.
Article 17 In the event that a dispute occurs regarding a presidential election before the President takes office, the Committee must pass a resolution to resolve the dispute within 3 months. The Ministry of Education is responsible for resolving any disputes after the President takes office. The Committee is automatically dissolved after the new President takes office. If the Committee fails to perform the tasks set out in Article 5 without reasonable cause or fails to properly resolve any dispute regarding a presidential election within the timeframe stated in the preceding paragraph, the Committee is dissolved if more than one-third of the University Council members proposes to dissolve the Committee, more than half of all University Council members attends a meeting, and more than half of all University Council members present at a meeting votes to dissolve the Committee. Before the University Council passes a resolution, the Committee must be granted a chance to provide an explanation. After the Committee is dissolved by the University Council in accordance with the preceding paragraph, the University must form a new Committee within 2 months in accordance with Article 3.
Article 18 During the first term of a new President, Committee members must not be appointed first-level administrative executives.
Article 19 The position of Committee member is a non-compensated position. However, Committee members outside of the University may receive compensation for attendance and transportation expenses in accordance with related regulations. The required expenses of the Committee are funded by the University.
Article 20 The Regulations are effective upon approval by the University Council and are sent to the Ministry of Education for future reference; the same applies to any amendment thereto.
These regulations were translated from the original Chinese. In the event of any discrepancies between the two versions, the Chinese shall always take precedence. |