Teacher's corporal punishment causing student's bruised buttocks ruled sexual harassment; teacher loses lawsuit

(CNA reporter Liu Shih-yi, Taipei, July 2) A homeroom teacher at an elementary school in New Taipei City, Ms. He, was dissatisfied with students playing outside the classroom after the bell rang. She removed their underwear and beat their buttocks with a plastic strip, causing bruising. The school's gender equality committee ruled it sexual harassment and required psychological counseling and gender equality classes. Ms. He disagreed and filed a lawsuit, but the court ruled against her today.

Ms. He, the homeroom teacher of the victimized students, on December 19, 2022, during the third class period, was dissatisfied that two students were playing dangerous games outside the classroom after the bell and did not enter immediately. She allegedly forcibly removed the students' outer and inner pants in front of the classroom and used a broken hula hoop's hard plastic strip to beat the students' buttocks. Most students in the classroom witnessed the event. The students who were corporally punished suffered bruised buttocks. Ms. He has been suspended since the incident.

The school convened a Gender Equality Education Committee, which ruled that sexual harassment had occurred and ordered Ms. He to complete 8 hours of psychological counseling and 8 hours of gender equality education courses within six months of receiving the second investigation report. Ms. He disagreed and filed an administrative lawsuit.

The Taipei High Administrative Court reviewed the case today and found that the school's gender equality committee's investigation team determined that Ms. He's actions were unwelcome by the two students. One student expressed negative emotions and unhappiness due to Ms. He's actions. The investigation team, examining the case by the standard of a "reasonable victim," concluded that Ms. He's actions had a considerable negative impact on the dignity of the two students, constituting campus sexual harassment. Furthermore, the order for Ms. He to undergo psychological counseling and gender equality education courses was not erroneous in its recognition of facts and application of law. The court ruled against Ms. He. The ruling can be appealed.

In the criminal proceedings, Ms. He was sentenced to 6 months in prison for assault last July, which became final. The court suggested that the prosecutor allow her to serve the sentence through social labor. (Editor: Huang Ming-hsi) 1150702

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