Laws Information

法規資訊
Title: University Act
Am Date: 2015-12-30
Legislative History: Addition of Articles 33-1 and 33-2, amendment to Article 5, 9, 15 and 33 of University Act per Presidential Decree No. Hua-Zong-Yi-Yi-Zi-10400153631 dated December 30, 2015.

Transaction

Amended

Article 33-1
When handling cases of the appeals referred to in Paragraph 4 of the preceding article, universities shall act in accord with the principles of objectivity, fairness, and professionalism, and provide the appellant sufficient opportunity to make a statement and put forward their case.
The university shall inform in writing or through some other appropriate means the appellant of the decision made after a review of their appeal, and of the remedy procedures available if the appellant is not satisfied with the decision.
Details of the student appeal system shall be set out in the Student Handbook and be widely publicized.

Article 33-2
If the appellant referred to in the preceding article has lodged an appeal with the university regarding a matter it designates administrative disciplinary action and is not satisfied with the university’s decision regarding their appeal, the person may initiate any further appeal proceedings available under the law.
If the appellant has lodged an appeal with the university regarding disciplinary action not included in the administrative disciplinary action category, or some other university measure or decision, and is not satisfied with the university’s decision regarding their appeal, depending on the particular nature of what is being appealed against, the person may initiate the proceedings available under the law to seek a remedy.
Article 5
Universities shall regularly carry out self-evaluation of their teaching, research, services, counselling and guidance, academic affairs, administration, and student participation; regulations governing the evaluation shall be formulated by each university.
To promote the development of every university, the Ministry of Education shall organize an Assessment Committee or commission academic organizations or professional accreditation bodies to carry out regular assessments of the universities, and it shall make the results public. The assessment results shall be referred to for making changes to and developing universities. The assessment shall be undertaken in accord with the principles of incorporating diversity and professionalism, and the associated regulations governing assessment shall be formulated by the Ministry of Education.

Article 9
To appoint a new president to a university, the university shall organize a President Select Committee 10 months prior the expiry of the present president’s tenure, after the new president is selected through public procedure, he or she shall be appointed by the Ministry of Education or the local government.
The proportion and means of selecting different members of the committee referred to in the previous paragraph shall be as follows:
1. Representatives of the university recommended by an academic affairs meeting shall take up 2/5 of all numbers.
2. Institute fellow representatives recommended by the university and social justice defenders shall take up 2/5 of all numbers.
3. Other commissioners shall be representatives selected by the Ministry of Education or the local government.
Regulations of the organization, operation and other proceedings of the President Select Committee of public universities shall be approved by Ministry of Education (for national universities) or local governments (for universities of municipalities or counties/cities) or before being selected by the board of directors a Select Committee organized by the boards of directors (private universities), and then be reported to the Ministry of Education for approval before implementation.
The representatives of either sex shall take up a third or more of all numbers of the President Selection Committee.
The tenure for presidents of public universities shall be 4 years, and the president may be reappointed upon expiry of the tenure; the procedure, times of reappointment and methods of decommission before the expiry shall be stipulated in the organization procedure of the universities; the tenure and reappointment of private  universities shall be stipulated in the organizational procedure of the universities.
The Ministry of Education and the local government shall carry out an evaluation on the president 10 months prior the expiry of his/her tenure as reference to make a decision about reappointment.
Any university, which has followed former regulations in organizing the President Selection Committee and conducting the procedure of the President Selection prior to the promulgation of this Article as amended on January 10, 2011, may continue the unfinished procedure and be exempted from the sexual proportion restrictions as provided in paragraph 4 of this Article as amended.to the expiry of their term of office and use the results when deciding whether to reappoint that president for a further term.
A president of a public university who states that they do not want to extend their term of office during the course of the performance assessment by the Ministry of Education or by the local government referred to in the previous paragraph, or who fails to satisfactorily pass the performance assessment, is not permitted to participate in the selection process for the next president of that same university.

Article 15
Universities shall each set up a university council to deliberate and make decisions regarding significant university matters. The university council shall comprise the university president, deputy president(s), teacher representatives, the heads of academic affairs and administrative affairs, research personnel representatives, representatives of non-teaching staff, student representatives, and representatives of other personnel.
The numbers and details regarding the selection of each category of the council members referred to in the previous paragraph, apart from the president and deputy president(s), are set out below:
1. The teacher representatives shall be chosen by election and shall comprise at least one half of the university council; in principle, at least two thirds of the teacher representatives shall be a professor or an associate professor.
2. The student representatives shall be chosen by election and shall comprise at least one tenth of the university council.
3. For other categories of voting and non-voting members of the university council, the method of selecting them and the proportion of the council that they comprise shall be stipulated in the charter and by-laws of each university.
When calculating the actual number of people in a ccordance with the ratios stipulated in Subparagraph 1 and Subparagraph 2 of the preceding paragraph, any number including a fraction shall be unconditionally rounded up to the next integer.
University council meetings shall be convened by the president, and at least once each semester. If an extraordinary university council meeting is requested by a minimum of one-fifth of the number of those council members who are required to attend meetings, the president shall convene the extraordinary meeting within fifteen days.
When the university council considers it necessary, it may establish various committees or special task groups to deal with matters that the university council assigns to them; whenever such a such committee or special task groups is established, its name, duties, and the method of selecting its members shall be written into in the charter and by-laws of the university.

Article 33
To enhance each university’s educational achievements, the elected student representatives shall attend meetings related to students’ studies, life, and the formulation of regulations governing awards and penalties.
Each university shall advise and assist the students to form a student association through elections in which all the students of the university have a vote, and other associated self-governing organizations, to enhance the effectiveness of students’ on-campus learning and their ability to act autonomously.
Students are ipso facto members of the student association referred to in the preceding paragraph. The student association may collect membership fees from its members; the university shall collect such membership fees from the students on behalf of the student association if requested to do so.
Universities shall establish a student appeal system to handle cases of an appeal made by any student, or the student association, or any other student self-governing organization against some university disciplinary action, administrative action, or some other university measure or decision, to ensure that the rights and interests of students are protected.
Regulations governing the matters referred to in the previous four paragraphs shall be stipulated in the charter and by-laws of each university.