Friday, December 25, 2009

Response from Dept. of Academic Freedom and Tenure (October 5 2009)

Dear Professor de Canio:

We received the inquiry you sent to the American Association of
University Professors (AAUP). Our department staff is small and we
receive many calls and emails each day. We will get back in touch with
you as soon as possible. We appreciate your patience.

Department of Academic Freedom and Tenure
American Association of University Professors
1133 19th Street, NW, Suite 200
Washington, DC 20036

Wednesday, November 25, 2009

To Purdue Univesity: Regarding human rights abuses at National Cheng Kung University (Sept 30 2009)

Dr. Alysa Christmas Rollock
Vice President for Ethics and Compliance
Purdue University

30 September 2009

Dear Dr. Rollock,

Since you are in charge of Ethics and Compliance at Purdue University, you may be able to assist me in human rights issues at National Cheng Kung University (NCKU) in Tainan, Taiwan, with which Purdue has had a long-term academic relationship.

    In 2001, Taiwan's Ministry of Education canceled my illegal dismissal (1999-2000), boldfacing human rights violations. Instead of reinstating me, NCKU argued foreigners had no right to appeal,
even though the university held appeal hearings and attended Ministry hearings! (See attached, 1.) Apart from not honoring an appeal the university itself participated in, the fact that NCKU would try to enforce discriminatory practices against foreign faculty should concern an American university with academic exchanges here.
    After defying Ministry of Eduction directives for more than two years, the university finally reinstated me in 2003, but without formal redress. As a professor and American citizen, I do not believe disregard for human rights should be a basis for academic exchanges with a university in a democratic country, especially my own.
    Currently several high-ranking university officials at NCKU are American citizens or have benefited from American democratic values. They have ignored my petitions to formally resolve this case with apologies, penalties, and compensation according to internationally recognized principles of law.

    Our universities should not maintain academic exchanges with a university that flagrantly violates human rights and scorns human rights principles. Academic exchanges should entail some degree of reciprocity.
    If, as was stated on the Purdue University news page, NCKU "is one of the most outstanding universities in Asia, if not the world
," one must question if human rights are relevant in this assessment, or if human rights are relevant at all.
    The current president, Dr. Michael M. C. Lai, hasn't even responded to several requests to discuss this issue. Under the circumstances, I hope Purdue University, with which NCKU has academic exchanges, can request formal closure in this case.

    Sincerely,

    Richard de Canio
    Department of Foreign Languages and Literature
    National Cheng Kung University

Letters from Taiwan's Ministry of Education to National Cheng Kung University's President
Regarding Enforcement of an Appeal Ruling

These are English translations of eight letters from the Ministry of Education to National Cheng Kung University concerning my illegal dismissal and the university's refusal to abide by a legal Ministry ruling, even though the university participated in appeal hearings and only challenged my right to appeal after the ruling favored me. It even filed a lawsuit to challenge the Ministry's ruling, then used the court case to try to further delay issuing the contracts!
(The translations are by a member of the NCKU Faculty Union. Chinese copies are attached in JPEG and PDF formats. Below are paraphrases. In any version, the unprincipled conduct of National Cheng Kung University is evident.)


    1. April 6, 2001: "The university should make lawful remedy within a month."
    2. May 11, 2001 "The university should first revive the contract with Mr. De Canio, which is the proper remedy."
    3. June 14, 2001 "If there is no practical revival of the contract, the decision of the MOE Appeals Committee is equivalent to vain words. Procedural justice should be upheld first. The university should not use the results of its previous improper procedures as an excuse to delay reinstating the professor."
    4. August 7, 2001 "If the university willfully delays so as to damage the teacher’s rights, the university must bear complete responsibility."
    5. May 3, 2002 "The university should first revive the contract with Mr. De Canio starting from August 1, 1999, and compensate his salary. There is no need to wait for the court verdict."
    6. October 15, 2002 "The university should immediately process the application of contract extension permit."
    7. December 2, 2002 "The university’s request to wait for the court verdict is denied. Revive the contract with Mr. De Canio and compensate his salary as soon as possible."
    8. January 17, 2003 "Do as described in the letter of December 2, 2002."

Sunday, October 25, 2009

Purdue University: Regarding human rights abuses (Sept 2 2009)

Cliff Wojtalewicz

Executive Assistant to the President

Purdue University

2 September 2009

Dear Dr. Wojtalewicz,

I was disappointed by your apparent lack of concern over human rights abuses at National Cheng Kung University, with which Purdue University has had long-term academic exchanges. Perhaps this more detailed exposition of legal rights issues involved may help.

    In 2001, the MOE canceled my illegal dismissal (1999-2000), boldfacing, for emphasis, human rights violations.
    Instead of reinstating me, the university argued foreigners were not protected by the Teacher's Law,
even though the university held appeal hearings and attended Ministry hearings! (See attached, 2.)
    The court ruled in my favor, but imposed no punitive damages on the university.

    Over more than two years, the Ministry of Education sent eight letters warning the university to issue me back and current contracts.
    Meanwhile I contacted the human rights group, Scholars at Risk, who contacted the university president, Kao Chiang. Mr. Kao "assured" Scholars at Risk the university was following laws, even though it refused to enforce a Ministry appeal ruling! To my knowledge, the university ignored a follow-up letter from Scholars at Risk urging explanation. (See attached, 2-5.)
    Even after the university was forced to issue me contracts in 2003, it imposed penalties, as if I had lost the case! (NCKU officials don't like to lose face.) Those penalties were overturned by the MOE.
    So far as I know, the Ministry of Education has not punished anyone. It even approved Kao Chiang for another term as president after he defied a legal Ministry ruling for more than two years!
    I have not received an official apology or compensation. This, it seems to me, is not the way a reputable university conducts itself nor should it be a basis for academic exchanges with an American university.
    I received no support from faculty, who sat on case-related hearings years after the MOE canceled the dismissal! Many received degrees from democratic institutions in America and England. They rely on legal rights abroad but ignore the rights of foreigners here. The Faculty Union supported me (see attached, 6-8) but has no legal or exemplary force.

    Currently several high university officials are American citizens or have benefited from American democratic values. They too have ignored my petitions to formally resolve this case with apologies, penalties, and compensation.
    The courts have imposed no penalties on officials, though the violations were egregious, willful, and defiant. Other court cases were a waste of time and money.
    In my suit against a student who wrote a secret accusatory letter, the court ruled it was not libel since no one outside the university read it! Yet the student's letter was secretly circulated at appeal and review hearings!
    My suit against Review Committee members who made unproved accusations was also dismissed on the basis that the accusations were not circulated outside the department!
    Another court ruled against compensatory damages (travel costs incurred to renew my visas), insisting there was no need for me to have stayed in Taiwan! Yet when an American left Taiwan during a child custody dispute, the court ruled that by leaving Taiwan the father proved he had no interest in the child and awarded custody to the mother!
    Taiwan's courts seem to take away with one hand the rights they give with the other. It reminds me of a line from a Shakespeare play, "I can call the dead too, but will they come?" Yes, you can sue powerful officials in Taiwan, but will you win?
    I won the contract case presumably because the court had to uphold a Ministry ruling or risk an international scandal. The wonder is it accepted the university's case at all, based on no acceptable legal principle! Still, the court imposed no punitive damages on the university and awarded no compensatory damages to me.
    Such rulings increase the risk among foreign faculty in Taiwan, who are less likely to fight for their rights. I believe a US court would have imposed millions of dollars in punitive damages on a university that behaved with such willful defiance as this university has.
    There are other issues of discrimination: Foreign faculty do not receive the same retirement benefits as Taiwanese. Taiwanese professors receive upwards from around NT$50,000 monthly on retirement while foreigners receive a lump sum far below what Taiwanese receive during normal life spans.
    Taiwan English-language newspapers, which preach independence "in the name of democracy" have ignored my letters as have Taiwan human rights groups. Meanwhile, Chinese-American academics seem indifferent to democratic principles once they become local officials.
    I'm not sure what can be done abroad. But these issues should not disappear without a trace. They should concern human rights activists, universities, and faculty abroad. American universities should not maintain academic exchanges with a university that flagrantly violates human rights and scorns human rights principles.
    Frankly I'm tired of Taiwanese who rely on human rights protections when they matriculate or teach abroad but ignore them when they return to Taiwan. Such duplicity is unfair. Academic exchanges should involve some degree of reciprocity.
    I write not only as a victim of human rights abuses in Taiwan but on behalf of all Americans who teach here who may have been, or will be, subject to similar abuses without redress.
    Under the circumstances, I can only hope for assistance from an American university with which NCKU has academic exchanges. Failing this, I must appeal to human rights activists in the United States.

    Sincerely,

    Richard de Canio
    Department of Foreign Languages and Literature
    National Cheng Kung University

Purdue University: Regarding human rights abuses at National Cheng Kung University (Sept 4 2009)

Dr. Cliff Wojtalewicz
Executive Assistant to the President

Purdue University

4 September 2009

Dear Dr. Wojtalewicz,

As you know, I have previously emailed to Purdue University president, Dr. France A. Cordova. Since your universty has had long-term academic exchanges with National Cheng Kung University (NCKU), in Tainan, Taiwan, presumably based on shared democratic values and principles, I believe it is important you know of documented human rights abuses at our university. These abuses have not only been ignored by our university presidents for more than ten years but, in at least one instance, an NCKU president collaborated in the abuse (see attached).
Both as an academic and as an American citizen, I do not believe disregard for human rights should be a basis for academic exchanges with a university in a democratic country, especially my own. The facts speak for themselves and are fully documented.

In 2001, the MOE canceled my illegal dismissal (1999-2000), boldfacing, for emphasis, human rights violations.
Instead of reinstating me, the university argued foreigners were not protected by the Teacher's Law,
even though the university held appeal hearings and attended Ministry hearings! (See attached, 1.) Apart from not honoring an appeal the university itself participated in, the fact that NCKU would try to enforce discriminatory practices against any foreign faculty should be of concern to an American university that maintains academic exchanges here.
The court ruled in my favor, but imposed no punitive damages on the university.

Over more than two years, the Ministry of Education sent eight letters warning the university to issue me back and current contracts.
Meanwhile I contacted the human rights group, Scholars at Risk, who contacted the university president, Kao Chiang. Mr. Kao assured Scholars at Risk the university was following laws, even though it refused to enforce a Ministry appeal ruling (see attached letter from the MOE)! To my knowledge, the university ignored a follow-up letter from Scholars at Risk urging explanation. (See attached, 2-5.)
Even after the university was forced to issue me contracts in 2003, it imposed penalties, as if I had lost the case! (NCKU officials don't like to lose face.) Those penalties were overturned by the MOE.
So far as I know, the Ministry of Education has not punished anyone. It even approved Kao Chiang for another term as president after he defied a legal Ministry ruling for more than two years!
I have not received an official apology or compensation, apart from the retroactive salary. This, it seems to me, is not the way a reputable university conducts itself nor should it be a basis for academic exchanges with an American university.
I received no support from faculty, who sat on case-related hearings years after the MOE canceled the dismissal! Many received degrees from democratic institutions in America and England. They rely on legal rights abroad but ignore the rights of foreigners here. The Faculty Union supported me (see attached, 6-8) but has no legal or exemplary force.

Currently several high-ranking university officials are American citizens or have benefited from American democratic values. They too have ignored my petitions to formally resolve this case with apologies, penalties, and compensation, which are part of internationally recognized principles of law.
The courts have imposed no penalties on officials, though the violations were egregious, willful, and defiant. Related court cases were a waste of time and money.
One court ruled a student who wrote a defamatory letter did not commit libel since no one outside the university read it! Yet the student's letter was secretly circulated at appeal and review hearings.
My suit against Review Committee members who made unproved accusations was dismissed on the basis the accusations were not circulated outside the department.
Another court ruled against compensatory damages (travel costs incurred to renew my visas), insisting there was no need for me to have stayed in Taiwan. Yet when an American left Taiwan during a child custody dispute, the court ruled that by leaving Taiwan the father proved he had no interest in the child and awarded custody to the mother.
Taiwan's courts seem to take away with one hand the rights they give with the other. It reminds me of a line from a Shakespeare play, "I can call the dead too, but will they come?" Yes, you can sue high-ranking officials in Taiwan, but will you win?
I won the contract case presumably because the court had to uphold a Ministry ruling or risk an international scandal. The wonder is the court allowed the university to contest a Ministry ruling in the first place, especially since the university participated at Ministry hearings! Then the court imposed no punitive damages on the university and awarded no compensatory damages to me.
Such rulings increase the risk among foreign faculty in Taiwan, who are less likely to fight for their rights. I believe a US court would have imposed millions of dollars in punitive damages on a university that behaved with such willful defiance and that interrupted a teacher's career for four years.
Taiwan English-language newspapers, which daily espouse principles of democracy, have ignored my letters as have Taiwan human rights groups. Meanwhile, Chinese-American academics seem indifferent to democratic principles once they become local officials.
I'm not sure what can be done abroad. But these issues should concern American human rights activists, universities, and faculty. Our universities should not maintain academic exchanges with a university that flagrantly violates human rights and scorns human rights principles.
Frankly I'm tired of Taiwanese who benefit from democratic principles when they matriculate or teach abroad but ignore them in Taiwan, at least in this case. Such duplicity is unfair. Academic exchanges should entail some degree of reciprocity.
I write not only as a victim of human rights abuses in Taiwan but on behalf of all Americans who teach here who may have been, or may be, subject to similar abuses without redress.
For ten years I have assiduously tried to resolve this case by legal channels within the university and then within Taiwan. It has cost me (and those few helping me) a great deal of effort, time, and stress, to no avail.
If, as was stated on the Purdue University news page, NCKU "is one of the most outstanding universities in Asia, if not the world
," then one must question whether human rights have any relevance for an academic institution. Indeed, though my academic career was interrupted for four years, it's assumed by faculty here that I "won" because I got my job back! That's like saying justice was served in a crime because the bank got its money back or parents got their child back. This is an unenlightened way of thinking unworthy of a university that has academic exchanges with an American institution.
The current president, Dr. Michael M. C. Lai, hasn't even responded to several requests to discuss this issue. Under the circumstances, I must hope for assistance from an American university with which NCKU has academic exchanges. Failing this, I must appeal to human rights activists and other advocates in the United States.

Sincerely,

Richard de Canio
Department of Foreign Languages and Literature
National Cheng Kung University

Letters from Taiwan's Ministry of Education to National Cheng Kung University's President
Regarding Enforcement of an Appeal Ruling

These are English translations of eight letters from the Ministry of Education to National Cheng Kung University concerning my illegal dismissal and the university's refusal to abide by a legal Ministry ruling, even though the university participated in appeal hearings and only challenged my right to appeal after the ruling favored me. It even filed a lawsuit to challenge the Ministry's ruling, then used the court case to try to further delay issuing the contracts!
(The translations are by a member of the NCKU Faculty Union. Chinese copies are attached in JPEG and PDF formats. Below are paraphrases. In any version, the unprincipled conduct of National Cheng Kung University is evident.)


1. April 6, 2001: "The university should make lawful remedy within a month."
2. May 11, 2001 "The university should first revive the contract with Mr. De Canio, which is the proper remedy."
3. June 14, 2001 "If there is no practical revival of the contract, the decision of the MOE Appeals Committee is equivalent to vain words. Procedural justice should be upheld first. The university should not use the results of its previous improper procedures as an excuse to delay reinstating the professor."
4. August 7, 2001 "If the university willfully delays so as to damage the teacher’s rights, the university must bear complete responsibility."
5. May 3, 2002 "The university should first revive the contract with Mr. De Canio starting from August 1, 1999, and compensate his salary. There is no need to wait for the court verdict."
6. October 15, 2002 "The university should immediately process the application of contract extension permit."
7. December 2, 2002 "The university’s request to wait for the court verdict is denied. Revive the contract with Mr. De Canio and compensate his salary as soon as possible."
8. January 17, 2003 "Do as described in the letter of December 2, 2002."

Tuesday, August 25, 2009

From Purdue University [Fwd: RE: Human Rights] July 24 2009

-------- Original Message --------
Subject: RE: Human Rights
Date: Fri, 24 Jul 2009 14:37:50 -0400
From: President <president@purdue.edu>
To: <rdca25@gmail.com>
CC: President <president@purdue.edu>
References: <200907150226.n6F2Qmfe031781@isgweb02.itap.purdue.edu>


Dear Professor Canio,

Thank you for your email.

Although I empathize with you, this institution is not in the position to comment on your statements.

Sincerely,

Cliff Wojtalewicz

Executive Assistant to the President

Purdue University

From: rdca25@gmail.com [mailto:rdca25@gmail.com]
Sent: Tuesday, July 14, 2009 10:27 PM
To: President
Subject: Contact President Cordova

Subject: Human Rights
Comment: Dear Dr. France A. Cordova, I am teaching at National Cheng Kung University in Tainan Taiwan, which has academic exchanges with your university. This university has been involved in numerous human rights abuses over the years that it has refused to remedy or even apologize for. These include illegal dismissals, the denial of due process, defying legal rulings and directives from the Ministry of Education, and claiming foreign faculty do not have the rights of native faculty. The university even claimed foreign faculty had no right to appeal after it participated in an appeal and lost! A university should not be allowed to maintain academic exchanges with an American university if it does not respect human rights and principles of human rights (remedy, apology, compensation). Please inform me what my options are or what your university is willing to do on behalf of the rights of Americans at this university. Thank you. Professor Richard de Canio
Email: rdca25@gmail.com

Saturday, July 11, 2009

Email from a Colleague about Student Misconduct

[The following sympathetic email from a colleague about student misconduct is nonetheless typical of the mediation method in Taiwan, although (unlike the court) he at least recognizes "how much painful you have been suffering." But notice typical phrases of Taiwan's tribal mediation method where there is no right and wrong just two contestatory sides: "negotiate peacefully," "no anger inside" (the typical technique of personalizing civil or criminal offenses in terms of feeling rather than actions), and, finally, "try to find a proper way solving the problem." Note how the student's libel is a "problem" that needs to be solved instead of an offense that needs to be punished. This is all so typical of the mediation style in Taiwan.]

[Name omitted] wrote:

Dear Professor Canio:

I felt so sorry about the situation happened at that day. As a junior faculty in NCKU, I never heard the things between you and Lily Chen. After reading your letter, I can see how much painful you have been suffering. No one can cease the argument, unless both of you are willing to sit down and negotiate peacefully. I know your feeling, but probably both of you still need to wait until no anger inside and then try to find a proper way solving the problem.

I can serve as a messenger between you and Lily, if you want me to do. What I sincerely wish is no one got hurt in the future.

Best regards,

[Name omitted]

Associate Professor
Department of Environmental and Occupational Health
National Cheng Kung University
Medical College
Tainan, Taiwan

----- Original Message -----
From:
To: [Name omitted]
Sent: Sunday, May 23, 2004 3:26 PM
Subject: Regarding events at yesterday's speech contest


23 May 2004

Dear Professor [Name omitted],

We met yesterday and I was pleased to talk with you. As you know,
there was a problem with one of the co-judges yesterday, which you
witnessed. I wish to explain the background of what happened between
us.
The co-judge, Chen An-chuen (Lily Chen) also a Ph.D. student and
part-time instructor in my department (Foreign Languages and Literature)
wrote a malicious and secret letter against me in 1999, accusing me of
unfairly failing her eight years before. The fact that the letter was
secret and challenged a grade eight years before in itself would subject
this student to severe penalty at other universities.
Even worse, when, in 1994, I heard gossip (obviously coming from
her) that I had failed this student unfairly, I wrote her a letter
reminding her of her exam and that I twice (or three times) offered to
return her exam and she refused. In addition, as late as 1994, in that
letter, I offered to look for her exam, since I sometimes keep old
papers for years in my office.
Not only did she ignore my letter, which was given to her by my
colleague, but she told my colleague that unless I dropped the matter
she would contact her friend, a lawyer! Obviously this student did not
want her exam back, because she knew it would discredit her accusations
she had failed unfairly. It also disproves a claim she made in court
that I told her I had destroyed the exam. If so, she could have
challenged me when I offered to return her exam as late as 1994, in my
letter (I have a copy, if you wish to see it).
Finally, she concealed 3 passing grades she received from me the
same year she received one failing grade. One grade was an 80+ and the
other a low 90. All 3 grades would have discredited her claim that she
had failed unfairly one semester. She might as well claim she passed
unfairly in three other semester classes!
She not only concealed these grades but even denied taking one of
the classes from me, the same year she remembered taking the class she
failed! Not until we showed proof in court did she admit taking that
class, claiming (unbelievable as it may sound), "I forgot." How can a
student remember taking one class from a teacher but forget another?
She "forgot" because the other grades weakened her claim she had failed
unfairly one semester.
But all this is beside the point. No student should be allowed to
write a secret letter to a university to claim she failed unfairly years
before. The fact that the letter was accepted by several university
committees, then circulated secretly in those committees, shows serious
moral failings at our university. It also explains why this student has
not yet been punished. In protecting her, officials are protecting
themselves.
Yet I made it clear to the current Dean of Student Affairs that I
didn't want serious punishment for this student (even though she
deserves it by any moral standard). I was willing to compromise
somewhat with local politics at our university, where one can expect
only limited satisfaction based on moral principles alone. But
officials here don't want to do anything about this student. Instead,
she's been rewarded with admission to our Ph.D. program, part-time
employment, and at one time even worked in the president's office.
(This was following her secret letter, which high officials certainly
knew about, since Professor Lee Chen-er chaired the committees at which
the letter was secretly circulated.)
By my moral standards, a person can be forgiven only after
admission of wrongdoing and apology. To forgive a person otherwise
does not show moral principle but a lack of moral principle. It shows
moral laziness, or taking the easy way out. Yet an official at our
university actually advised me to do this, pretending to be morally
superior, although not a single moral teacher, from Confucius to Jesus
to the decent person in the street would agree with her.
Under the circumstances, I hope you can now understand why it was
impossible for me to be seated with a former student guilty of such
misconduct, especially in a culture where teachers are supposed to be
honored by their students. The fact that this student has not yet been
punished for such misconduct only worsens a situation where I'm supposed
to treat her as a respectable colleague.
Therefore, as I made clear to the student in charge of the speech
contest, unless this student is removed as co-judge, I must respectfully
decline to appear as co-judge again, if invited.

Sincerely,


Richard de Canio
Associate Professor
Department of Foreign Languages and Literature
National Cheng Kung University
Tainan, Taiwan