Letter to Ms. Hsu of Taiwan Ministry of Education

From:
9/2/2003 12:08 PM
Subject: Concerning a Sexual Harassment Complaint at National Cheng Kung
University in TainanTo: Ray Dah-tong

Ms. Hsu
Ministry of Education
FAX: (02) 2397 6942
(02) 2397 6944


2 September 2003

Dear Ms. Hsu,

We spoke today over the telephone regarding administrative misconduct
at National Cheng Kung University. You asked that I send a fax summary of
the issues.
Four years ago (June 1999) a student named CHEN AN-CHUEN (Iily Chen)
wrote a malicious letter. It was secretly circulated at my dismissal hearings
that year, resulting in my dismissal. That dismissal was overturned (8
January 2001).
Since the Ministry award in 2001, I have tried, without success, to
have the Office of Student Affairs, discipline the student involved. Yet
Dean of Student Affairs, Professor Ko Huei-chen and other officials in that
department have invented countless excuses why this cannot be done. I have
repeatedly contacted the president of the university, Professor Kao Chiang,
about this issue, to no use. He has repeatedly defied Ministry rulings, so
he is no help in administrative remedy.
Since the student conspired with officials in her misconduct, the
administration is protecting the student to protect themselves. But if
there is law at our university or in Taiwan, this should not be allowed.
There are important issues here.
First is the reputation of a professor and his right to justice and
clearing his name.
Second, the right of faculty to effect remedy in a dean's office set up
for that purpose. Otherwise, what is the point of having an Office of
Student Affairs?
Third, the need of officials to act responsibly in terms of laws and
national standards. But a dangerous pattern at National Cheng Kung
University is to have a lawyer "interpret" the law. This is not right and
will allow officials to defend all kinds of misconduct on the excuse a
lawyer says it's alright. A lawyer has no special privileges in society and
should not have special privileges at a university. Otherwise why appoint
officials, such as deans and presidents if a lawyer is in control of policy?

Democracy is a government of laws, not lawyers. Officials should be
advised about this very clearly. Their obligation is to the law, not to a
lawyer.
Please understand that I have already waited more than two years to
have the Office of Student Affairs discipline this student. I expect this
to be done as soon as possible.
Thank you for your help in this situation.

Sincerely,

Professor Richard de Canio
Department of Foreign Languages and Literature
National Cheng Kung University
Tainan, Taiwan
(06) 237 8626