Letter to Taiwan Ministry of Education

12/10/2003 10:36 PM


Ministry of Education
Department of Higher Education

cc: Prime Minister's Office, Human Rights Commisssion,
Control Yuan,

10 December 2001

Dear Ministry of Education Officials,

Once again I am writing you to remind you that officials at
National Cheng Kung University are in violation of my legal
rights.
I remind you that on 8 January 2001, I won a Ministry of
Education
Appeal ruling, which, due to countless legal rights
violations committed
by university officials, rejected my dismissal from
National Cheng Kung
University.
The NCKU administration promptly ignored that ruling and
delayed
enforcement for more than two years. Then no sooner did
they respect
that ruling (May, 2003) than they held a new committee
hearing to repeat
accusations already rejected in that ruling.
Regardless what you call it in Taiwan (in Anglo-American
law we
call it protection against double jeopardy), it is obvious
that if,
following an appeal, the party that lost the appeal can
revive the same
accusations, an appeal is without purpose. Who's going to
appeal if the party with more power can continually revive
the
accusations?
These are not the only issues that should concern you. The
accusations themselves are without basis, without proof,
without even
criteria. The university defied a Ministry ruling for more
than two years. The university has engaged in countless
legal rights
violations over the past four years. Yet not a single
official has been
punished or, so far as I know, even warned about these
violations.
Instead, they keep repeating their misconduct, as if doing
so makes it
right.
Today I received another notice from the university,
reaffirming
its decision to withhold my salary increments for six years
for
accusations never proved, already rejected in the Ministry
ruling of
8 January 2001, and even overturned by a university appeal
committee!
Are these officials a law to themselves or are they bound
by Taiwan
law? If they are bound by Taiwan law, why aren't they
punished by
Taiwan law?
This case is doubly shocking. Not only are legal rights
being
violated and laws ignored, but also basic moral principles
a university
should uphold, such as respect for laws and arbitration,
fair play, and
other values we teach young children.
These principles should concern you, especially regarding
an
academic institution of higher learning. The other
principle, of
course, is that I should receive full protection under
Taiwan law, no
less than Taiwan citizens receive full protections under
American law.
I cannot accept abuse of my rights here. I won a ruling
sanctioned
by the Ministry of Education. It is the responsibility of
your Ministry
to enforce that ruling according to protections and rights
guaranteed
under Taiwan law.
This is now the fifth year since my illegal dismissal from
the
university. Yet not only haven't officials been punished
for their
misconduct but they are repeating the same misconduct.
Clearly it's time for the Ministry of Education to take
action
against officials involved, prevent future misconduct, and
insure my
rights, as Taiwan citizens are insured their rights in my
country.

Sincerely,

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