A Study of Taiwan Provincial Teachers' Grievances Committee Deliberating the Types of Re-complaint Cases and the Analysis of Legal Principle

• Main Author: 孫銀福
• Other Authors: 王文科博士
• Format: Others
• Language: zh-TW
• Published: 2012
• Online Access: http://ndltd.ncl.edu.tw/handle/91026782835576425258

碩士 === 國立彰化師範大學 === 商業教育學系 === 100 === Abstract The purpose of this study is to understand the categories of the re-complaint cases deliberated by the Taiwan Provincial Teacher' Grievances Committee during the period from 1999 to 2011 and the major legal references for each category and the context in which the deliberation has been made. This understanding is to serve as reference for schools below high school level in administrating by law and for teacher' grievances committees in deliberating. Concrete recommendations are also presented as references for government agencies in their future revisions on teacher-related regulations. This study analyzed and generalized, by the methods of document analysis and case analysis, the deliberation reports in writing made by Taiwan Provincial Teacher' Grievances Committee on the re-complaint cases it has deliberated over the years, to serve as the materials for research in the legal issues of teacher grievances. The main findings hereof are summarized as follows: 1. Re-complaint cases tended to increase each year, particularly from elementary and junior high schools. 2. Most re-complaint cases were about annual performance evaluation, followed by the categories of rewards and punishments, and appointment. 3. The rate of denial was higher than that of being with ground in decisions. 4. There have been more winning applicants than losing applicants. 5. Applicants were granted relief at a rate of 62% in the category of annual performance evaluation and 58% in appointment. 6. Teachers received unfavorable performance evaluation for the reasons of insufficient efforts in teaching, poor counsel in conducts for students, improper discipline or physical punishments on students, absence from teaching/duty, improper handling of affairs and misconduct. 7. The schools’ deficiencies in administering teacher performance evaluation were unlawful organization, violation of recusal rule, failure to offer opportunity of statement making, lack of regular records or records not being confirmed by persons pertinent, error in margin of appreciation and violation of principle of proportion. 8. Teachers were ruled for dismissal, suspension or severance for the reasons of insufficient efforts in teaching, misconduct which has been verified as a fact by authority concerned, matters like sex assault or sex harassment. 9. The schools should follow the principle of proportion and fulfill the rightful procedural justice when dealing with the issues of teacher employment, as it involves teachers’ right to work. 10. The principals should not use his administrative discretion power improperly, abuse it or have delinquency of it in the administrative management of the teachers. We hereby present the following recommendations based on the above findings as references for government agencies in law revision or administration: 1. Re-complaint cases at high schools and schools of lower levels are different from those at colleges and above in both grievance category and legal applicability; so, the authorities concerned for these grievances should be established separately to be professional. 2. The administrative agencies governing education should launch propaganda for laws and regulations and legal administrative procedures in respect of the categories of teachers’ annual performance evaluation, regular performance evaluation and employment, formulate standard procedures for affairs as appropriate to ensure the efficacy of the schools in legal administration. 3. The administrative agencies governing education should enhance propaganda for teacher grievance system and teachers’ rights and obligations, strengthening the concept of rule by law among teachers, to avoid the waste of administrative relief. 4. The teacher grievance system, when compared with administrative appeal or litigation, is certain to enable the internal self-reflection of administrative agencies to work and thus resolve disputes, enhancing harmony on campus.