Subject: IMPORTANT: Director-General of Higher
EducationTo: moe
raydon@mail.ncku.edu.tw
CC: Scholars at Risk
Faculty Union of National Cheng Kung University
Director-General,
Ministry of Education
Department of Higher Education
24 April 2003
Dear Sir,
Once again I remind you of your obligation, under law, to enforce
the Ministry of Education's appeal ruling in my favor (8 January 2001).
I remind you of countless human rights abuses at National Cheng
Kung University that led to my appeal in the first place.
I remind you that the Ministry of Education appeal ruling
bold-faced those countless legal rights violations.
I remind you that the Ministry of Education has sent numerous
letters to National Cheng Kung University requesting compliance with
your ruling.
I remind you that, other than those letters, there has been no
exercise of executive sanctions against malfeasant university officials.
I remind you that an American professor's career and professional
reputation are at stake. A lawful Ministry must exercise all its
options under the law to defend that professor and to uphold his rights,
the way faculty from your country are protected in America and other
democracies.
I remind you that I have patiently waited for justice more than
four years since my first illegal dismissal in March, 1999.
I remind you that, because of the Ministry's own negligence in
enforcing its own appeal ruling, I was forced to seek employment
elsewhere.
I remind you that not a single official from the Ministry of
Education ever phoned me in support, or offered financial assistance
during the years of the Ministry's own delay in enforcing its ruling.
On the contrary, several times I was asked, over the telephone, to "file
a lawsuit against the university" in order to enforce the ruling
myself. In what other democracy in the world would a government agency
plead with an appellant to file a lawsuit to enforce the agency's ruling
in his favor?
I remind you that a Tainan court has ruled that my employment with
the university continues until a legal dismissal.
I remind you that, in response to the court's request that the
university "settle" with me, university officials, including one
associate dean and a personnel official, attempted to "extort" an unfair
settlement, whereby I would receive partial compensation if I promised
to resign from the university. Otherwise, these morally unprincipled
officials argued, the university would contest the case for years in the
courts.
I remind you of the lack of moral principles and observance of law
at National Cheng Kung University, evident to anyone, based on
documentation, the Ministry's ruling, and facts related here and
documented elsewhere or by collegial witness.
I remind you that, as a government agency, you are bound, by law,
to enforce your own rulings. Furthermore, you are bound to sanction
officials who defy your rulings. The argument, which has been presented
over the telephone, that the Ministry of Education has no authority over
an "autonomous" university appears ridiculous to me. If the Ministry of
Education has no authority over the university then it logically follows
that, either a) National Cheng Kung University is not really a
university accredited under the Ministry of Education (and therefore not
a nationally accredited university), or b) the Ministry of Education is
not really a ministry in law, but in name only. A government agency
that has no executive authority to impose legal sanctions is not a
government agency, as I understand it. But all of this is beside the
point anyway. The Taiwan government sanctioned the appeal ruling in my
favor; it is therefore responsible to indemnify that ruling, however it
does it. If a government has a lottery, the government must indemnify
the winner of that ticket for the earnings promised by lottery rules.
Otherwise, what is trustworthy in Taiwan? How can anyone outside of
Taiwan ever have confidence in any branch of the Taiwan government, and
that includes business contracts, lotteries, accreditation, employment,
etc.? As it is, few people are going to bother contesting these issues,
knowing it may take a decade off of their careers. Thus this case has
already undermined confidence in Taiwan law. I believe the Ministry's
negligence in this case, once exposed, will seriously tarnish Taiwan's
effort to enter the international community. Moreover, it will
undermine international sympathy for Taiwan as a democracy, as
duplicitious equivocation of laws here is exposed.
But apart from laws, it's becoming increasingly evident to me of a
general lack of moral principle, at least among National Cheng Kung
University officials and even many faculty, who seem indifferent to
what's happening, although almost everyone, including students, are
apparently aware of my case. These are the same people who don't
hesitate to exploit American law when they or their children go to
American universities.
As for the "double contract" issue, I sought employment at another
university only because National Cheng Kung University officials
continued to defy the Ministry's ruling and the Ministry negligently
allowed this defiance. These facts are plain to anyone to see; and any
attempt to use the issue of overlapping contracts to nullify the legal
effect of the Ministry ruling will only bring international scandal and
disgrace on Taiwan as a legitimate or even credible democracy; moreover,
it will discredit National Cheng Kung University and probably all other
Taiwan universities, as well as the Ministry of Education.
I remind you that I am fully committed to a just resolution of this
case, including a continuous retroactive contract through 2005, with
automatic renewal after that; full compensation for the four years I was
illegally deprived of employment; and full compensation for all costs
related to contesting this case, including travel costs while renewing
my visa.
I remind you that I am committed to pursue any and all legal
avenues and channels, both within Taiwan and within my own country,
until I receive the full benefits of my legal rights in Taiwan.
I remind you, finally, that the American government is fully
committed to protect Taiwan's democracy; the least you can do is to
protect it yourselves.
Sincerely and respectfully yours,
Professor Richard de Canio
Tainan, Taiwan
(06) 237-8626
PS: Please understand, that, due to the unacceptable delays in
resolving this case, I must advise you that, should this case not be
resolved by the end of this week, and a continuous retroactive contract
issued, I will forward this message to the Ministry of Foreign Affairs
and to other government agencies of our two countries.
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