法規內容

下載法規原始檔

 

國立成功大學教師申訴評議委員會組織及評議要點

86.03.05 八十五學年度第二次校務會議修正通過

86.04.16 八十五學年度第四次校務會議修正通過

86.10.22 八十六學年度第一次校務會議修正通過

奉教育部 86.11.6 台(86)申字第 86129000 號函核定

94.04.27 九十三學年度第四次校務會議修正通過

奉教育部 94.5.5 台申字第 0940060528 號書函核定

94.12.28 九十四學年度第二次校務會議修正通過

95.3.15 九十四學年度第四次校務會議修正通過

九十九學年度第一次校務會議修正通過

107.6.13 一百零六學年度第四次校務會議修正通過

109.10.21一百零九學年度第一次校務會議修正通過

 

第一章 總則

一、  國立成功大學(以下簡稱本校)為保障教師權益,辦理教師申訴案件之評議,特依教師申訴評議委員會組織及評議準則及本校組織規程第二十四條,設教師申訴評議委員會(以下簡稱本會),並訂定本要點。

第二章 組織

二、  本會置委員十五人,組成人員如下:

(一)教授代表十人,各學院保障員額一人。

(二)法律學者一人。

(三)學者專家一人。

(四)學校代表一人。

(五)社會公正人士一人。

(六)本校教師會代表一人。

本會未兼行政職務之教師不得少於總額三分之二,且任一性別委員應占委員總數三分之一以上。

教授代表經各學院院務會議就該學院未兼行政職之專任教授中推薦二位(任一性別委員各一人為原則)後,送校務會議推選之。

教師會代表由本校教師會推薦之。

第一項第二至五款之委員由校長遴選(任一性別委員各一至二人),經校務會議同意後聘請之。

三、  本會委員為無給職,任期二年,連選得連任之。但新任委員尚未產生前,原委員任期延長至新任委員產生為止。

本會教授代表委員出缺時,由該學院次高票之代表繼任之。其餘委員出缺時,依前點第四項、第五項規定辦理。

本會委員因故出缺時,繼任委員之任期至原任期屆滿之日止。

四、  本會每學年度第一次會議,由校長或其指定之人員召集之。本會主席推選後,由主席召集之。

本會主席由委員互選之,任期一年,連選得連任。

本會主席因故不能主持會議時,由其指定委員一人代理主席;主席未指定時,由委員互推一人代理之。

本會會議,經委員總數二分之一以上以書面請求,主席應於二十日內召集之。

第三章 申訴要件

五、  本校專任教師對本校有關其個人之措施,認為違法或不當,致損害其權益者,得提起申訴。

教師因本校對其依法申請之案件,於法定期間內應作為而不作為,認為損害其權益者,亦得提起申訴。法令未規定應作為之期間者,其期間自本校受理申請之日起為二個月。

本校兼任教師依專科以上學校兼任教師聘任辦法,對本校有關其個人終止聘約、停止聘約執行、待遇、請假及退休金之措施,認為違法或不當,致損害其權益者,得提起申訴。

六、  申訴之提起,應於收受或知悉措施之次日起三十日內以書面為之。

前項期間,以本會收受申訴書之日期為準。

七、  申訴人應具申訴書(附件),載明下列事項,並由申訴人或代理人簽名或蓋章:

(一)申訴人姓名、出生年月日、身分證明文件字號、服務單位及職稱、住居所、電話、收受或知悉措施之年月日、申訴之事實及理由、希望獲得之具體補救、提起申訴之年月日。

(二)有代理人者,其姓名、出生年月日、身分證明文件字號、住居所、電話。

(三)為原措施之單位。

(四)載明就本申訴事件有無提起訴願、訴訟或勞資爭議處理;其有提起者,應載明向何機關或法院及提起之年月日。

(五)原措施係以書面作成者,應檢附原措施文書,並敍明送逹之時間及方式。

(六)其他相關之文件及證據。

依第五點第二項規定提起申訴者,應檢附原申請書之影本及受理單位之收受證明。

申訴說明及應具備之文件應以中文書寫。其文件係引述外文者,應譯成中文,並應附原外文資料。

八、  提起申訴不合前點規定者,申訴人應於收到本會通知次日起二十日內補正。

第四章 申訴評議程序

九、  本會自收到申訴書之次日起十日內,以書面檢附申訴書影本及相關文件,通知為原措施之單位提出說明。

為原措施之單位應自前項書面通知之次日起二十日內,擬具說明書連同關係文件送本會,並應將說明書抄送申訴人。但為原措施之單位認為申訴有理由者,得自行撤銷或變更原措施,並函知本會。

前項期間屆至而未提出說明者,本會得逕為評議。

第一項期間,於依前點規定補正者,自補正之次日起算,未為補正者,自補正期限屆滿之次日起算。

十、  提起申訴之教師就申訴案件或相牽連之事件,同時或先後提起訴願、行政訴訟、民事或刑事訴訟者,應即以書面通知本會。

申訴案件全部或一部之評議決定,以訴願、訴訟或勞資爭議處理之法律關係是否成立為據者,本會於訴願、訴訟或勞資爭議處理程序終結前,得停止評議,並以書面通知申訴人。停止原因消滅後,經申訴人書面請求時,本會應繼續評議。

教師依訴願法提起訴願後,復依本法提起申訴者,本會應停止評議。停止原因消滅後,經申訴人書面請求時,本會應繼續評議。

十一、  本會以不公開、書面資料評議為原則。

本會評議時,得決議邀請申訴人、關係人、學者專家、或為原措施之單位指派之人員到場說明。

十二、  申訴人於案件開始評議前,有具體事實足認本會委員就申訴案件有偏頗之虞者,得列舉原因事實申請委員迴避。

前項申請,由本會決議之。

本會委員對申訴案件有利害關係者,應自行迴避,如未自行迴避,亦未經當事人申請迴避者,應由本會依職權命其迴避。

本會評議程序中,除經本會決議外,不得與當事人、代表利益之人或利害關係人為程序外之接觸。

第五章 評議決定

十三、  本會之評議決定,除依第十點規定停止評議者外,應自收受申訴之次日起三個月內為之;必要時,得予延長,並通知申訴人。延長以一次為限,最長不得逾二個月。

前項期間,於依第八點規定補正者,自補正之次日起算;未為補正者,自補正期限屆滿之次日起算;依第十點規定停止評議者,自繼續評議之日起重行起算;於評議決定期間補具理由者,自收受最後補具理由之次日起算。

十四、  申訴案件有下列各款情形之一者,應附理由為不受理之評議決定:

(一)申訴書不合法定程式不能補正,或經通知限期補正而屆期未完成補正。

(二)提出申訴逾第六點規定之期間。

(三)申訴人不適格。

(四)原措施已不存在或申訴已無實益。

(五)依第五點第二項提起之申訴,本校已為措施。

(六)對已決定或已撤回之申訴案件,就同一原因事實重行提起申訴。

(七)依第十點第三項規定繼續評議,其原措施屬行政處分。

(八)其他非屬本會管轄或非教師申訴救濟範圍內之事項。

十五、  申訴無理由者,應為駁回之評議決定。

原措施所憑之理由雖屬不當,但依其他理由認原措施為正當者,應以申訴為無理由。

十六、  申訴有理由者,應為有理由之評議決定;其有補救措施並應於評議書主文中載明。

依第五點第二項提起之申訴,本會認為有理由者,應指定相當期間,命應作為之單位為一定之措施。

十七、  本會評議前認為必要時,得推派委員三至五人審查,委員於詳閱卷證、研析事實及應行適用之法規後,向本會提出審查意見。

十八、  本會應有委員總數二分之一以上親自出席,始得開議。除評議之決議,應經出席委員三分之二以上同意外;其他事項之決議,以出席委員過半數同意行之。

前項決議,廻避之委員不計入出席委員人數。

十九、  本會評議決定之表決方式,由主席斟酌申訴案內容,以徵詢無異議、舉手或無記名投票方式為之。其評議經過及個別委員意見應對外嚴守秘密。

前項表決方式及表決結果,應載明於當次會議紀錄。採無記名投票表決時,表決票應當場封緘,經會議主席及委員推選之監票委員簽名,由本會妥當保存。

二十、  本會應指定人員製作評議紀錄附卷。委員於評議中所持與評議決定不同之意見,經其請求者,應列入會議紀錄。

二十一、 評議書應載明下列事項:

(一)申訴人姓名、出生年月日、身分證明文件字號、服務單位及職稱、住居所。

(二)有代理人或代表人者,其姓名、出生年月日、身分證明文件字號、住居所。

(三)主文、事實及理由;其係不受理決定者,得不記載事實。

(四)評議決定之年月日。

(五)主席署名。

評議書應附記如不服評議決定之救濟方法及受理機關。

二十二、 評議書應以本校名義作成評議書正本,並以本校名義以足供存證查核方式送達申訴人。

申訴案件有代理人時者,評議書向代理人送達。

二十三、 為原措施之單位對本會評議書建議之補救措施,應予採行。

第六章 附則

二十四、 本校教官申訴案件,準用本要點規定。本要點未盡事宜,得參酌教育部高級中等以上學校軍訓教官申訴處理規定辦理。

二十五、 本會之經費由本校編列專款支應,工作人員由本校調配之。

二十六、 本要點未盡事宜,依教師法、教師申訴評議委員會組織及評議準則及相關法令辦理。

二十七、 本要點經校務會議通過後實施,修正時亦同。

 

 

National Cheng Kung University Organizational and Review Directions of Teacher’s Appeal Review Committee

 

Amended in the 2nd University Council of the 1996 academic year on Mar. 05, 1997

Amended in the 4th University Council of the 1996 academic year on Apr. 16, 1997

Amended in the 1st University Council of the 1997 academic year on Oct. 22, 1997

Approved by order of the Ministry of Education’s notice, Taiwan (1997) Shen-Tzu-No. 8612900

Amended in the 4th University Council of the 2004 academic year on Apr. 27, 2005

Approved by order of the Ministry of Education’s notice, Taiwan Shen-Tzu-No. 094006528

Amended in the 2nd University Council of the 2005 academic year on Dec. 28, 2005

Amended in the 4th University Council of the 2005 academic year on Mar. 15, 2005 99.10.27

Amended in the 1st University Council of the 2010 academic year on Oct. 27, 2010

Amended in the 4th University Council of the 2018 academic year on June 13, 2018

Amended in the 1st University Council of the 2020 academic year on October 21, 2020

 

Chapter 1 General provisions

Article 1

To ensure teachers’  rights and interests and to review appeals lodged by teachers, National Cheng Kung University (hereinafter referred to as the “University” or as “NCKU”) established the Teacher’s Appeal Review Committee (hereinafter referred to as the “Committee”) and formulated the National Cheng Kung University Organizational and Review Directions of Teacher’s Appeal Review Committee (hereinafter referred to as “Directions”) in accordance with Guidelines Governing Organization and Review of Teacher Appeals Committee and Article 24 of the NCKU Organizational Regulations

 

Chapter 2 Organization

Article 2

The Committee consists of 15 members, including the following persons:

(1) 10 representatives of professors (1 guaranteed quota for each college).

(2) 1 legal scholar.

(3) 1 academic scholar.

(4) 1 University representative.

(5) 1 impartial social representative.

(6) 1 representative from the NCKU Teachers Association.

The Committee shall comprise no less than two-thirds of members who are teachers not simultaneously performing administrative roles, and members of any specific gender shall be more than one-third of the total members.

The College Affairs Council of each college shall recommend two professor representatives (one candidate for each gender) from among full-time professors in the college who do not hold administrative roles to the University Council for selection.

The representative from the NCKU Teachers Association shall be nominated by the NCKU Teachers Association.

Committee members listed in Paragraph 1 Subparagraphs 2 to 5 are selected by the NCKU President (selected members shall consist of 1 to 2 members of each gender) and are appointed after approval by the University Council.

 

Article 3

The position of review Committee member is unpaid. Committee members serve a term of two years and may be reappointed if re-elected. The term of the original Committee member is extended until the new Committee members are appointed if new members fail to be appointed before the term of the original Committee members expire.

If a vacancy occurs in Committee member positions held by a representative of professors, the vacancy shall be filled by the representative who received the second highest number of votes in the college. If a vacancy occurs in Committee member positions held by other parties, the vacancy shall be filled in accordance to Paragraphs 4 and 5 in the preceding Article.

If a vacancy in a Committee member position arises, the vacancy shall be filled by a successor who will serve until the expiry of the term of the original Committee member.

 

Article 4

The NCKU president or personnel appointed by the NCKU president shall serve as the chairperson of the first meeting of the review Committee of each academic year. After the chairperson of the review Committee is elected, the chairperson shall convene all subsequent meetings.

The review Committee chairperson position is elected by Committee members. The Committee chairperson serves a term of one year and may be reappointed if re-elected.

If the chairperson is unable to chair the meeting, the chairperson must designate one Committee member as acting chairperson. If the chairperson does not appoint an acting chairperson, other Committee members shall elect an acting chairperson from among themselves.

Upon written request by one-half of Committee members or more, the chairperson shall convene a Committee meeting within 20 days.

 

Chapter 3 Appeal element

Article 5

Full-time teachers of the University may appeal to the University if they feel their rights and / or interests have been injured by any measure taken by the University regarding them and / or if they believe the University’s resolution is illegal or improper.

Teachers whose rights and / or interests were unlawfully or improperly injured by the University’s inaction to their application lodged according to the laws and regulations during the period stipulated by the laws and regulations are entitled to file an appeal to the University. If the laws and regulations do not stipulate the performance period for a particular action, such period shall be set as two months from the date of the University’s receipt of the application.

In accordance with the Regulations Governing the Employment of Part-time Teachers in Tertiary Education Institutions, part-time teachers of the University may appeal to the University if they believe their rights and / or interests have been injured by the decision of the University regarding termination of their employment, discontinuation of their employment, their salary, leave, or pension, which the teachers believe to be illegal or improper.

 

Article 6

Appeals shall be filed in written form within 30 days from the day after the resolution was received or came to the appellant’s attention.
The period described in the preceding paragraph shall be determined by the date the Committee receives the Appeal Form.

 

Article 7

Appellants shall fill in the following items in the Appeal Form (Appendix) and include their own or their agent’s signature or stamp:

(1) The appellant’s name, date of birth, ID number, service unit and position title, place of residence, telephone number, the date the resolution was received or came to notice, facts and reasons pertaining to the appeal, compensation demanded, and the date the appeal was lodged.

(2) If the appeal is lodged by an agent, the Appeal Form shall include the agent’s name, date of birth, ID number, place of residence, and phone number.

(3) The unit from which the appellant received the resolution.

(4) Whether the appellant submitted an administrative appeal, filed a lawsuit, or submitted an application for mediation or arbitration according to the “Act for Settlement of Labor-Management Disputes Law.” If so, details regarding the authority or court to which the appellant made their submission shall be provided, together with the date of the submission.

(5) If the resolution included written documents, said documents shall be attached, and the method and time of delivery of the documents detailed.

(6) Any other relevant documents and evidence.

Appellants lodging an appeal in conditions listed in Article 5 Paragraph 2 shall attach printed copies of the original application documentation and evidence of receipt from the unit of acceptance.

A description of the appeal and the required documents shall be in Chinese. If a document was originally in another language, the document must be translated into Chinese, and the original document attached.

 

Article 8

If the lodged appeal does not conform to the requirements stated in the preceding Article, the appellant must revise the Appeal Form within 20 days of receipt of notification by the Committee.

 

Chapter 4 Appeal review procedure

Article 9

Within 10 days following the date of receipt of an Appeal Form, the Committee shall submit printed copies of the Appeal Form and relevant documentation to the unit from which the appellant received the resolution so that the unit may provide an explanation.

Within 20 days following the date of receipt of the written notification made by the Committee, the unit shall send a written explanation and relevant documents to the Committee as well as disclose a copy of the explanation to the appellant. However, if the unit perceives the appeal to be reasonable, the unit may revoke or change its original decision and measures; in such case, the unit shall notify the Committee of its actions.

Following the preceding paragraph, if the unit does not provide an explanation as required, the Committee may commence a review at its own discretion.

If the appellant makes revisions to the Appeal Form, the period stated in Paragraph 1 shall start from the date following the revision. If the appellant does not make revisions to the Appeal Form, the period shall start from the date following the expiration of the stipulated revision period.

 

Article 10

The appellant must notify the Committee in writing if the appeal or related incidents is currently under or has been submitted for administrative appeal, administrative litigation, civil litigation, or criminal litigation.

In the case that the decision on an appeal, in whole or in part, is premised upon the existence or non-existence of certain legal relations to be determined in another administrative appeal, lawsuit, or settlement procedure of labor-management disputes, the committee may halt the review process and so notify the appellant in writing before the end of the appeal, lawsuit, or settlement procedure of labor-management disputes. After the cause for the interruption of the review is removed, the review shall continue upon written request by the appellant.
The Committee shall halt the review if the appellant first files an administrative appeal then lodges an appeal to the University in accordance with the Directions. After the cause for the interruption of the review is eliminated, the review shall recommence at the written request of the appellant.

 

Article 11

The Committee meeting shall be based on the principle of non-disclosure, and that its resolution shall be based on the written appeal submitted by the appellant and relevant units.

During the review, the committee may decide the appellant, relevant parties, academic experts, or personnel assigned by the unit from which the appellant received the resolution to be invited to attend the meeting and provide relevant explanation.

 

Article 12

Prior to the review process, the appellant may propose for the recusal of any Committee member by submitting listed proper reasons and facts proving that said member of the Committee is likely to be biased.

The proposed reasons stated in the preceding paragraph shall be resolved by the Committee.

Committee members with a conflict of interest in the appeal shall recuse themselves. If said Committee members do not recuse themselves and the appellant does not propose the recusal of the Committee members, the Committee shall recuse the Committee members on its own initiative.

During the review process, except by the resolution of the Committee, Committee members shall not engage with parties concerned in the matter, persons representing conflicts of interest, or stakeholders outside the review process.

 

Chapter 5 Review decision

Article 13

The Committee’s review decision shall be completed within three months after receipt of the appeal, excluding appeals in which the review process is halted as stated in Article 10. If necessary, this period may be extended, in which case the appellant shall be so notified. Each appeal may only be extended once for a maximum of two months.

If the appellant makes revisions to the Appeal Form pursuant to Article 8, the period stated in the previous paragraph shall start from the day following the revision; if the appellant does not revise the Appeal Form, the period stated shall start from the day following the expiration of the stipulated revision period. If the review process is stopped pursuant to Article 10, the period stated is recounted starting the day the review process is continued. If additional reasons are added to the appeal during the review decision period, the period shall start from the day following the day the final additional reason was added.

 

Article 14

If an appeal meets any of the following criteria, the Committee shall make a decision of “Case not Entertained” with reasons:

(1) The Appeal Form does not meet the requirements of the Directions and cannot be revised or if the appellant fails, after notification, to revise the Appeal Form during the revision period provided.

(2) The Appeal Form was lodged after the period stated in Article 6.

(3) The appellant is ineligible.

(4) The original resolution no longer exists or the outcome of the appeal will not result in any substantial benefits.

(5) The University has resolved or taken measures for the appeal filed in accordance with Article 5 Paragraph 2.

(6) A re-appeal based on the same reasons or facts as appeals that have been resolved or withdrawn.

(7) The original measurement was an administrative disposition, and the appellant applies to request the Committee, in accordance with the Article 10 Paragraph 3 of the Directions, to continue the review process of appeal.

(8) The appeal involves matters that is beyond the Committee’s jurisdiction or is beyond the scope of teacher’s appeal procedure.

 

Article 15

While an appeal is without merits, the committee shall dismiss it by a decision.

Although the original resolution is made with improper reasoning, the appeal shall be dismissed as without merits while there are other reasons to support the original resolution.

 

Article 16

When the appeal is determined to be sustainable by the Committee, the Committee’s review decision shall detail the reasons of its sustainability and compensation measures, if any, in the main text of the review. .

For appeals filed under the conditions detailed in Article 5 Paragraph 2, if the Committee determines that the appeal is sustainable, the Committee may order the unit to take measures within a designated period.

 

Article 17

Prior to the review process, if the Committee deems it necessary, the Committee may select three to five members to review the evidence, research and analyze facts and relevant regulations, and provide review examination opinions to the Committee.

 

Article 18

Review meetings may commence only upon the attendance of at least one-half of the Committee members in person. Resolutions on others matters may be passed with the consent of over one-half of the attending members, excluding resolutions on review decisions, which shall only be passed with the consent of at least two-thirds of the attending members.

For the resolution in the previous paragraph, the attendance of recused Committee members is not included in determining the number of Committee members required to be in attendance.

 

Article 19

The voting method of the committee’s resolution, determined based on the chairman’s consideration of the content of the appeal, shall be in the form of inquiry of objections, show of hands, or secret ballot. The review process and the opinions of individual members shall be kept strictly confidential.

The voting method and results detailed in the preceding paragraph shall be recorded in the meeting minutes. After the conclusion of the voting, the ballots shall be sealed in situ, signed by the chair and scrutineer selected from among Committee members, and preserved by the Committee.

 

Article 20

The Committee shall appoint personnel to compile the files to be attached with the review records. Committee members whose opinions differ from the review decision may request to have their opinions recorded in the meeting record.

 

Article 21

The review decision shall include the following items:

(1) The appellant’s name, date of birth, ID number, service unit and position title, and place of residence.

(2) If the Appeal Form is filed by an agent or representative of the appellant, the Appeal Form shall include the name, date of birth, ID number, and place of residence of the agent or representative.

(3) The main text, facts, and reasons for filing the appeal. If the decision is “Case not Entertained,” the facts may be omitted.

(4) The year, month, and day of the review decision.

(5) The Committee chairperson’s signature.

The review decision shall come attached with the means of remedy available and the authority with which application for remedy must be filed if the appellant is dissatisfied with the review decision.

 

Article 22

The review decision shall serve as the original copy of the review decision in the name of NCKU and be sent in the name of the University to the appellant through traceable means.

If the appeal involves an agent, the review decision shall be delivered to the agent.

 

Article 23

The unit from which the appellant received the resolution shall accept and implement the compensation measures recommended by the Committee.

 

Chapter 6 Supplementary provisions

Article 24

The appeals filed by NCKU military training instructors shall be reviewed in conformity mutatis mutandis with the Directions. Any matter not regulated in the Directions shall be administered according to the Ministry of Education’s Regulations for Processing the Military Training Instructor Grievance in Senior High Schools and above.

 

Article 25

The Committee’s funding shall be provided by a budget dedicated by the University, the personnel of which shall be allocated and decided by the University.

 

Article 26

Any matter not regulated in the Directions shall be administered according to the Teachers’ Act, Guidelines Governing Organization and Review of Teacher Appeals Committee, and relevant laws and regulations.

 

Article 27

These Directions are implemented after approval by University Council. Any amendments shall be made accordingly.

 

These regulations were translated from the original Chinese. In the event of any discrepancies between the two versions, the Chinese always takes precedence.