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Latest Mechanism for School Bullying Incidents: A Look at the Mediation Process
When bullying incidents occur on campus, they not only threaten students' physical and mental safety but also severely impact the learning environment. Therefore, to protect students' right to education and personal safety, the Ministry of Education has specifically formulated the "Campus Bullying Prevention Guidelines" as a framework for schools to handle related incidents. However, traditional handling procedures often focus solely on fact-finding and assigning responsibility, which tends to result in a one-sided disciplinary decision. This approach not only fails to truly resolve the conflict between the perpetrator and the victim but also overlooks the possibility of repairing their relationship. The recently amended law, which includes the addition of a "mediation process," can effectively address this issue. This article will introduce the system design and core principles of mediation, explaining how the mediation process can help both parties, in a fair and neutral manner, use dialogue and mutual understanding to an opportunity for repairing their relationship.
Overview of the Campus Bullying Incident Handling Process
School Receives Report: Deciding Whether to Accept the Case
According to the "Campus Bullying Prevention Guidelines" (hereinafter referred to as the Guidelines), when the school receives a report of a suspected bullying incident, it must take initial action within 24 hours. This includes notifying the relevant authorities, confirming the investigative responsibilities, initiating care and counseling for the parties involved, preserving relevant evidence, and, if necessary, taking steps to eliminate any immediate harm, as well as notifying the parents of both parties (Articles 17 to 23). The school is then required to convene a review panel and decide whether to accept the case within 20 working days from the date the report is received (Articles 24 and 25).
Decision to Accept the Case: Pre-meeting
If the review panel decides to accept the case, the school must form a handling team within 5 working days from the date of the decision (Article 27) and hold a pre-meeting to conduct individual interviews with the parties involved. During these interviews, the committee will provide the mediation and investigation procedure documents and confirm whether both parties are willing to proceed with mediation (Article 29).
Decision Not to Accept the Case: Petition
If the review panel decides not to accept the case and the person who made the report disagrees, they may file a petition with the school’s supervising authority (i.e., the Ministry of Education, municipal government, or county/city government) within 30 days from the date they receive the written notice of non-acceptance (Article 26).
Mutual Agreement: Entering the Mediation Process
Pre-meeting Preparation:
If both parties agree to mediation, they must sign a "Mediation Willingness Form," after which the handling team will arrange the meeting time and location. The mediation meeting will be chaired by the handling team, and participants may include both parties, their parents, or caregivers (Article 30).
Meeting Process:
During the mediation process, the chairperson must remain neutral, creating a dialogue environment where both parties feel safe and respected. The chairperson will guide the parties to express their feelings and needs, and through mutual understanding of the motives behind their actions and the harm caused, will work towards a compensation plan that both parties can accept, aiming to return the parties to a normal campus life as soon as possible. Once mediation is successful, both parties must sign a mediation agreement (Article 31). The handling team must then a mediation report within 7 working days from the date the mediation is established (and within 2 months from the first mediation meeting). This report, including the mediation process, the content of the mediation agreement, and recommendations for further action, must be submitted to the prevention and control committee for review (Articles 34, 43).
Handling Results:
The prevention and control committee must make a decision based on the mediation report and, within 15 working days from the date of the decision, the school must take appropriate action against the perpetrator. This may include providing psychological counseling and guidance, offering flexible handling of the victim's attendance records or academic evaluations, and reducing opportunities for interaction between the parties involved. At the same time, the school must ensure that the perpetrator does not retaliate or reoffend, and the outcome must be communicated to both parties (Articles 35, 38, 46).
Failure to Mediate or Unsuccessful Mediation: Entering the Investigation Process
If mediation cannot be achieved or is unsuccessful, the handling team must stop the mediation process and proceed to the investigation process (Article 32).
Meeting Process:
During the investigation process, the handling team must conduct individual interviews with the parties involved, their parents or caregivers, and the person who made the report. While collecting relevant evidence, the team must ensure the confidentiality of identifying information (Article 39). In principle, the handling team must prepare an investigation report, including the investigation process, statements from the parties, factual findings, and reasons, within 2 months from the date of the first investigation meeting, and submit it to the prevention and control committee for review (Article 43).
Of course, if, during the investigation, both parties regain their willingness to mediate, the handling team may stop the investigation and restart the mediation process (Article 33).
Handling Results:
The prevention and control committee must make a decision based on the investigation report and, within 15 working days from the date of the decision, the school must take appropriate action against the perpetrator. This may include providing psychological counseling and guidance, implementing appropriate disciplinary measures, and, in severe cases, referring the matter to the judicial authorities. At the same time, the school must ensure that the perpetrator does not retaliate or reoffend, and the outcome must be communicated to both parties (Articles 38, 45, 46, 61).
Investigation Process vs. Mediation Process
Through the following table, we can clearly understand the differences between the investigation process and the mediation process:
| Item | Investigation Process | Mediation Process |
|---|---|---|
| Legal Basis | Article 32 of the "Campus Bullying Prevention Guidelines" | Article 30 of the "Campus Bullying Prevention Guidelines" |
| Willingness to Participate | Parties and witnesses must cooperate with the investigation | Respect the willingness of both parties |
| Interview Focus | Collect evidence, investigate facts, and clarify the sequence of events and assignment of responsibility through individual interviews. | Allow parties to engage in dialogue in a safe and respectful environment, guiding both parties to discuss ways to repair relationships and compensate for harm. |
| Handling Result | Prepare an investigation report based on testimonies, evidence, and statements from the parties, and determine whether bullying occurred. |
|
| Effect | Seek the truth through a formal process, aiming to protect the victim’s rights, impose penalties on the perpetrator through authority, and achieve fairness and justice. | impose penalties on the perpetrator through authority, and achieve fairness and justice. Implement restorative justice by fostering mutual understanding of each other’s feelings and needs. Since the agreement is a mutual consensus, the parties are more likely to cooperate, and the agreement can be modified with mutual consent. |
From the above content, it can be seen that before the revision of the "Campus Bullying Prevention Guidelines," there was only the "investigation process" as the basis for handling incidents, and the process did not provide sufficient opportunities for dialogue between the parties involved. While the investigation results could reveal bullying behavior and impose penalties on the perpetrator, they did not truly understand the motives and thoughts behind the perpetrator’s actions. This purely accountability-based approach not only failed to help schools eliminate the bullying problem but could also deepen the conflicts and mistrust among students. In contrast, the newly added "mediation process" in the revised law provides a softer conflict resolution method by allowing both parties to negotiate and reach a consensus on equal footing, much like a mediation or reconciliation mechanism.
Starting from Dialogue: Practicing Restorative Justice
The newly added mediation process in the revised law gives schools an additional option beyond the past investigation process, which focused primarily on assigning responsibility. This new process is centered on understanding, communication, and repair. Through dialogue between the parties, mediation not only helps to repair relationships but also promotes self-reflection by the perpetrator, achieving genuine educational and counseling goals. Therefore, we call on schools at all levels to deeply understand the design and operational principles of this system, and we encourage parents and students to actively participate and cooperate in order to a truly safe, friendly, respectful, and growth-oriented learning environment for children.
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