│Sustainablity

Sexual Violence and Sexual Harassment Prevention and Remedy Policy

Chapter 1 General Rules

Article 1 (Purpose) 

The purpose of this regulation is to prevent sexual harassment and sexual violence among members of Kookmin University and to establish procedures for remedies for such damage in accordance with the purpose of the Act on Prevention of Sexual Violence and Protection of Victims, the Special Act on Punishment of Sexual Violence Crimes, the Act on Support for Equal Employment Opportunities for Men and Women and Work-Family Balance, and the National Human Rights Commission Act. <Revised 2016.10.20.> 

Article 2 (Definition of Terms) 

① "Sexual violence" means any physical or verbal behavior that violates another person's right to sexual self-determination.

② "Sexual harassment" means any sexist behavior in which a faculty member or student takes advantage of his/her position in education, work, or other relationships, or imposes a disadvantage on another person in curriculum, campus activities, or employment based on his/her refusal to comply with sexual remarks or other requests that cause him/her to feel sexually humiliated or disgusted in connection with his/her work.

Article 3 (Scope of Application) 

This regulation applies to all members who are subject to the Articles of Incorporation, Personnel Regulations, and Academic Regulations of the University.

Article 4 (Duty to Protect Victims and Maintain Confidentiality) 

The person in charge of handling the case shall give top priority to the victim and shall not disclose or leak secrets about the victim's private life to others.

The victim may be accompanied by a person in a position of trust in the handling of the case, including the proceedings of the task force, or may have the person represent the victim in the handling of the case.

The victim may request the exclusion of certain persons or request other necessary measures in the case handling process by showing the reasons, and the victim's request shall be accepted unless there are legitimate reasons.

Chapter 2 Case Handlers

Section 1 Counseling Room

Article 5 (Establishment) 

The President shall establish a Gender Equality Consultation Room (hereinafter referred to as the "Consultation Room") within the Human Rights Center. <Revised 2016.10.20., 2020.12.24.>

Article 6 (Organization) 

① The counseling center shall be headed by a director, who shall oversee the operation of related business.

② The counseling center shall have a counselor and a secretary, among whom one male and one female shall be designated as a grievance counselor to facilitate the counseling and consultation of victims' grievances. <Revised 2018.02.13.>.

Article 7 (Duties) 

The counseling office shall be responsible for the following tasks. <Revised 2018.02.13> 

1. Receiving and counseling victims of sexual violence and sexual harassment

2. Protection and psychotherapy of victims

3. referring cases to the countermeasures committee if necessary

4. education and promotion for the prevention of sexual violence and sexual harassment

5. Support for mandatory education and capacity development training for those designated as sexual harassment counselors and grievance counselors

Section 2 Task Force

Article 8 (Establishment) 

The President shall establish the Sexual Violence and Sexual Harassment Committee (hereinafter referred to as the "Committee") for the prevention of sexual violence and sexual harassment and the handling of cases.

Article 9 (Composition) 

① The Committee shall be composed of nine members, including the Vice President, the Counseling Director, one senior counselor (or more), two faculty representatives, two staff representatives, and two student representatives, and shall be appointed by the President. <Revised 2014.09.01.> 

② The chairperson shall be the vice president. <Revised 2014.09.01> <Revised 2014.09.01

③ At least one of the two representatives for each position shall be a woman.

④ Except for ex officio members, each member shall serve a term of one year, but may be reappointed for consecutive terms.

⑤ There may be a secretary for the operation of the committee, who shall be appointed by the president.

Article 10 (Functions)

The Committee shall perform the following functions.

1. investigate and mediate cases of sexual violence and sexual harassment

2. demand discipline of the perpetrator

3. notify the parties to the case of the outcome of the case

4. take other actions necessary to resolve the case

5. formulating and revising regulations for the prevention of sexual harassment

Article 11 (Meeting)

① The chairperson shall convene a meeting of the committee at the request of the head of the counseling office or when more than 1/3 of the committee members request a meeting in connection with the handling of cases such as sexual harassment.

② In the case of a case that does not involve students, the student representative member shall not participate in the meeting.

Matters concerning the handling of sexual violence and sexual harassment cases shall be decided by a majority of the members present and a majority of the members voting.

④ Meetings shall be closed to the public.

Article 12 (Sexual Violence and Sexual Harassment Panel Guidelines)

The Committee shall establish and maintain separate sexual violence and sexual harassment judgment guidelines for the implementation of these regulations.

Chapter 3  Handling Incidents

Article 13 (Reporting, etc.)

① The counseling office shall conduct counseling immediately upon receiving a report from a victim.

② A victim's representative may also make a report and shall be given the same protection as the victim.

③ The head of the counseling center shall take necessary measures to protect the victim and others, and may request temporary measures such as prohibition of access, temporary leave, and suspension from school from the personnel authority even before the case is closed.

Article 14 (Investigation Procedures)

The counselor shall report the basic information to the director immediately after the incident is reported.

If the counselor deems it necessary to take action against the perpetrator, he/she shall report the incident to the committee.

③ The chairperson shall convene the committee as soon as possible after receiving the case and begin the investigation.

④ The investigation process shall not be conducted against the victim's will.

The committee shall provide the perpetrator with an opportunity to submit materials and make a statement.

Article 15 (Actions of the Committee)

① The committee may take the following measures after reviewing the case, regardless of the disciplinary action taken by the personnel authority.

1. Order an apology from the committee

2. Order to complete an educational program

3. ordering volunteer service

② The committee may request discipline from the disciplinary authority if it determines that discipline is necessary for the offender.

The disciplinary authority shall take the necessary disciplinary measures within three months after receiving the disciplinary request and notify the committee of the results without delay, and the committee shall immediately notify the parties to the case.

④ The Committee's action and the disciplinary action of the personnel authority shall not be taken against the victim's will.

Article 16 (Criminal Prosecution)

If a case of sexual violence and sexual harassment investigated by the Commission violates the criminal law or other punishment laws, the Commission may file a criminal complaint with the relevant authorities in accordance with the victim's will.

Article 17 (Post-Supervision)

Even after the case is closed, the Committee may supervise whether the victim is being subjected to retaliatory penalties after the fact, and may request the personnel authority to take necessary protective measures.

Chapter 4 Supplementary Rules

Article 18 (Discontinuation of Investigative Proceedings)

The Commission may suspend the investigation process if the case under investigation has been filed with a national organization such as an investigative agency, the National Human Rights Commission, or a rights remedy procedure under relevant laws.

Supplementary Regulations

These Regulations shall take effect on May 1, 2001.

Amendment

This amendment shall take effect on September 1, 2014.

Addendum

This amendment is effective as of October 20, 2016.

Addendum

This amendment is effective as of February 13, 2018.

Addendum

This amendment is effective as of January 1, 2021.