-------- Original Message --------
| Subject: | Regarding human rights abuses at National Cheng Kung University in Tainan, Taiwan |
|---|---|
| Date: | Thu, 15 Jul 2010 18:38:30 +0800 |
| From: | rdca25@gmail.com |
| To: | higher@mail.moe.gov.tw |
| CC: | em50000@email.ncku.edu.tw, cymail@ms.cy.gov.tw, mail@ms.cy.gov.tw, scholarsatrisk@nyu.edu, letters@taipeitimes.com, ethics1@siu.edu, lhernandez@calstate.edu, jpostma@calstate.edu, butler@ipfw.edu, lchsiao@taiwandemocracy.org.tw, tfd@taiwandemocracy.org.tw, editor@it.chinatimes.com.tw, edop@etaiwannews.com, tahr@seed.net.tw, peu03@mail.gio.gov.tw, editor@etaiwannews.com, hefpp@hef.org.tw, em50030@email.ncku.edu.tw, info@chinapost.com.tw, president@purdue.edu, barbara.snyder@case.edu |
Taipei, Taiwan
Minister Wu Ching-ji
July 15, 2010
cc: The Control Yuan
The Prime Minister
NCKU President Lai Ming-Chiao
NCKU Secretary General
Taiwan Department of Higher Education
Taiwan Foundation for Democracy
Taiwan Association for Human Rights
The Humanistic Education Foundation
Scholars at Risk
California State University
Southern Illinois University
Case Western Reserve University
Purdue University
Taiwan Association of University Professors
The Taipei Times
The China Post
The China Times
The Taiwan News
Dear Minister Wu Ching-ji,
As you should know by now, the Department of Foreign Languages and Literature at National Cheng Kung University (NCKU) illegally dismissed me in March 1999 using unproved accusations against me. In fact, the department didn't even see the need to inform me of the dismissal action, which I learned from hearsay.
When that dismissal seemed like it would not pass the College Committee, a letter from a student was secretly circulated at so-called "appeal" and "review" hearings in a desperate attempt to insure my dismissal. The student complained she failed her class unfairly eight years before.
Instead of rejecting that letter, and commencing a formal reprimand against department officials who submitted it, our so-called "oversight" committees continued to circulate it secretly at subsequent "appeal" and "review" hearings (I read the letter only after taking the student to court). Yet these committees continued to approve my dismissal, even though repeatedly warned of human rights abuses by Faculty Union representatives.
In December of that year the university finally "canceled" my dismissal. But it now argued that American ("foreign") teachers were not protected by the Teacher's Law, which insures employment rights. The case was returned to the department, for "more evidence." The university lawyer presided at some of these hearings, despite conflict of interest.
In order to renew my visas to fight the case, I had to travel repeatedly abroad, often every two months, costing me tens of thousands of dollars. Therefore I appealed to the Ministry of Education and won in January 2001. The Ministry highlighted human rights abuses in its ruling.
This did not deter the university, which now argued Americans ("foreigners") had no right to appeal. We're talking here about the so-called "fourth-ranked" university in Taiwan, with numerous academic exchanges with American universities. We're talking about university officials and faculty who benefit from American degrees and human rights protections in the United States and elsewhere abroad.
I should add this case repeatedly passed all the so-called "oversight" committees, sometimes unanimously. The case passed even after I won the Ministry of Education ruling.
The Ministry of Education sent eight letters warning the university it must comply with the ruling, or its ruling would have no legal significance (see attachment). Still the university delayed for nearly two and a half years. Even after it complied it imposed penalties on me, as if I had lost the case. Those penalties were ultimately rejected by the Ministry too.
But the university continues to be in a state of denial, as if it did nothing wrong. The current president, Lai Ming-Chio, has repeatedly refused to see me about resolving this case according to democratically accepted human rights principles, including apology, remedy, and compensation. Therefore I have no choice but to appeal to the international community until this case is resolved according to international human rights principles.
I should add the Ministry of Education is partly responsible for the culture of arrogance that has established itself at our university. It allowed former president, Kao Chiang, to defy the Ministry for nearly two and a half years. Not only didn't it penalize Mr. Kao but it approved him for a second term as university president even after he defied the Ministry for nearly two and a half years.
The courts for their part simply supported the Ministry's ruling, but without penalties against the university or its officials. How can democracy flourish without appropriate deterrent rulings? What's going to stop the university from treating other American or foreign faculty the same way, at no risk? This not only compromises foreign faculty here, but academic integrity as well, since foreign faculty are less likely to contest academic misconduct here.
I should add neither the Taiwan media nor human rights groups have helped. A conflict of interest case at a Hong Kong university in 2000 made headline news for days. I know because I was in Hong Kong to renew my visa.
This case is far more serious, yet no media here think it worthy of exposure. To my knowledge, only one reporter, ironically from a Chinese-language (not English-language) newspaper, published this case with some insight into the serious issues involved.
Yet the case involved not only legal issues but also shameless duplicity on the part of officials at a high-ranked university here. The university held appeal hearings and also sent representatives to an appeal hearing at the Ministry of Education. But after it lost it claimed foreigners had no right to appeal.
The university holds numerous academic exchanges with universities abroad, but denies equal rights to Americans here, claiming we're not protected by the Teacher's Law. Numerous Taiwan faculty enjoy human rights protections in America when they matriculate or teach there, but indifferently sit on committees "reviewing" an American even after he wins a Ministry of Education appeal. To my knowledge, not a single faculty member in my department (many with US degrees) has protested my treatment here.
Since the university is in a state of denial, claiming it did nothing wrong, despite Ministry letters (attached) and other documents, if I drop this case, a revisionist version of what happened will soon prevail over the facts. This must not happen.
This case must be formally resolved according to international principles of law presumably shared by Taiwan and sister universities in America. On what other basis can there be academic exchanges?
The Golden Rule is still the gold standard. Taiwan officials have only to reverse nationalities to see how offensive the university's actions are. Imagine an American university telling a Taiwan professor he's not protected by the same laws that protect Americans. Imagine telling a Taiwan professor after he wins an appeal in America that he had no right to appeal in the first place and therefore the appeal ruling will not be enforced. What would the reaction be among Taiwan citizens?
National Cheng Kung University seems unable or unwilling to resolve this case according to human rights principles. Whether this is due to arrogance or ignorance is not my concern. My concern is to insure the rights of Americans.
Because of the university's attitude, these rights can only be enforced by the Ministry of Education. Therefore the Ministry of Education must assume responsibility and insure the enforcement of human rights on my behalf. Failing to do so may jeopardize not only the reputation of Taiwan universities but also academic exchanges with universities abroad.
I will wait a few more days. If I don't receive a prompt and adequate response, I will open a web page exposing this case internationally. I will also continue to contact American universities and inform them of the human rights situation here. Hopefully they will insure reciprocal exchanges based on equality under the law. Finally, I will continue to appeal directly to the US media and human rights groups, including student campus newspapers, until this case is resolved in a manner that upholds the rights and the dignity of Americans here.
Sincerely,
Richard de Canio
Department of Foreign Languages and Literature
National Cheng Kung University
Tainan, Taiwan
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