大學生申訴制度的規範與實踐－以國立臺灣師範大學為例（2008-2018）

Abstract

本研究以國立臺灣師範大學近 10 年（ 2008 年至 2018 年）的學生申訴制度為核心，探討大學學生申訴制度的意義、功能及其規範與實踐，並進一步分析其在法治教育上的意涵。除與臺灣大學系統為主的臺大、臺科大，以及成大等其他學校間，進行法源與相關規定比較外，也透過近 10 年案件統計與去識別化之個案資料分析，以及相關人員之抽樣訪談，檢視學生申訴制度之規範與實踐情形，分析其困難與挑戰，並進一步提出建議。 研究結果發現，國立臺灣師範大學相當重視學生申訴權益，在申訴相關規定上給予較多彈性自主空間，其學生申訴評議委員會之學生代表比例高達一半，為其制度運作上之重要特色。在近 10 年受理之 72 件學生申訴案中，約有五成比例申訴成立，於校內申訴途徑獲得救濟；而申訴不成立、另循校外程序提出訴願、行政訴訟者，則有 16.67%及 4.17%，惟最終均維持臺師大原決定。 此外，透過訪談可發現，臺師大從學生申訴之受理、評議過程乃至後續權益處理，大致均能以學生權益為中心，實踐相關規定，並能基於教育目的評估個案之處理，從制度實踐上落實人權法治，獲受訪者肯定，具法治教育上重要意義。

This study takes the student grievances system of National Taiwan Normal University in the past 10 years (2008-2018) as the research target to discuss the significance, function, normative and practical aspects of the university student grievances system, and further analyze its meaning in the rule of Law-Related Education. Besides comparing the source of law and related regulations of the student grievances system of National Taiwan University System (including National Taiwan University (NTU), National Taiwan Normal University (NTNU) and National Taiwan University of Science and Technology (NTUST)) with National Cheng Kung University (NCKU), the study also conducts some sample interview analysis and fully de-identified case statistics of the student grievances system within the past 10 years in NTNU. In addition to knowing the college student grievances system and rights relief situation, the study is also working to see if there is a difference between the normative and practical aspects by analyzing the difficulties and challenges might have in the process, and making further recommendations. The research had found that NTNU take the right to student grievances seriously. In the relevant provisions of the student grievances system, the department and the teachers are given more flexibility and space. Besides, half of the members of the NTNU Student Grievances Committee are representatives of the students, which is an important feature of its system operation. Within the past 10 years, 72 cases were accepted. About 50% among them were established, and the appeals were obtained in school. On the other hand, the rest of the cases through appeal and administrative litigation under the off-campus procedure were 16.67% and 4.17%, while eventually none of them were established. Additionally, according to the de-identified case statistics and the responses from interview, the study comes to the conclusion and confirms that NTNU can generally focus on student rights, they practice relevant regulations and evaluate case handling based on educational purposes not only by the process of acceptance, but also by the deliberation and follow-up notification. The distinguished results of human right measures implemented by NTNU has been recognized by the respondents that it actually has an important significance on Law-Related Education.