Letter to The Taipei Times

12/6/2001 8:59 AM
Subject: Rights violations at National Cheng Kung University in
Tainan
To: letters@taipeitimes.com

Dear Editor,
In March of 1999, I was dismissed from National Cheng Kung University.
Despite the fact that accusations were never proven and were made in
secret, several university committees upheld my dismissal.
In December of 1999 I won a university appeal decision. Remarkably,
however, the university argued that, despite the Teacher's Law and
universally shared principles of the finality of an appeal process, as a
foreigner I should be reviewed again. In other words, the university
appeal was a democratic facade, a tactical maneuver used by the
university to delay and obstruct the just resolution of my case, hoping
I could not remain in the country much longer.
There are two issues here. The first is whether a university should
honor the law as well as standards of honesty we require of our
students. The second is whether a foreigner should be discriminated
against in this way by the "fourth-ranked" university in Taiwan.
Finally, early this year, I won on appeal to the Ministry of Education
appeal committee. Remarkably, the university has defied the Ministry
ruling on
the same devious basis they defied democratic principles in their own
appeal ruling.
The university claims that the appeal ruling means that I should
be reviewed again. Apart from law and norms of honesty mentioned
above, where in the world would anyone argue that winning an appeal
merely gives the appellant the right to another appeal? If this were
so, appeals would be pointless.
This contempt of law should not be tolerated by Taiwan citizens or by
responsible members of the journalistic community. National Cheng Kung
University is a tax-funded public university. It is under the
jurisdiction of the Ministry of Education, as well as Taiwan legal codes
and rulings. It should not be allowed to defy the law, and therefore
the public interest, in this manner.
The president of National Cheng Kung University, Kao Chiang, should be
told that he is a public servant, bound by public laws and public money,
as well as the public interest. These interests include laws as well as
universal standards of honor and honesty, recognized by all religions
and moral codes. These are the values we teach our students; those
values should at the very least be observed by the officials at their
schools.
Since I won my appeal, the Ministry of Education has sent several
strong warning letters to the university to abide by its ruling and to
issue the contract. The university remains in defiance of the Ministry
of Education. How this is possible in a democracy is beyond my
understanding. In a democracy, a Ministry does not merely ask that laws
be enforced, but enforces those laws itself.
I expect the Ministry of Education to indemnify the appeal process it
fully sanctioned, including the issuance of my teaching contract and
full compensation. And I expect National Cheng Kung University to issue
me a teaching contract in compliance with the law and in observance of
universal standards of honesty and good faith, especially required of a
public university.

Sincerely
Professor Richard de Canio
(Name withheld from publication upon request)
Tainan
(06) 237 8626