The American Institute in Taiwan
April 2, 2011
Dear AIT Offiicials,
What are the options for an American citizen in Taiwan who is subject to egregiously unfair rulings under Taiwan's justice system.
In 1999 I was illegally dismissed from National Cheng Kung University. The ruling was overturned by the Ministry of Education in January 2001, but the university refused to enforce that ruling for more than two and a half years (see attached).
During the dismissal action the university claimed foreign teachers were not protected by the Teachers Law, itself a discriminatory claim by a high-ranked Taiwan university having numerous academic exchanges with reputable US universities. Then, although the university itself held appeal hearings and attended MOE hearings in Taipei, it claimed, after the appeal ruling favored me, that foreign teachers had no right to appeal and contested the Ministry ruling in court.
Court rulings suggest a pattern of discrimination. Although university officials circulated accusations against me without attempting to prove them or even notify me of the accusations, the case was rejected on the basis the accusations were not published outside the university, even though they were used to effect my dismissal from the university and all libel statutes I have read say libel is committed if one person other than the plaintiff reads the false accusation.
Similarly, the student who wrote a malicious letter against me was excused on the basis her letter did not directly cause my dismissal, though the letter was secretly circulated at several dismissal hearings and, in fact, was solicited for that purpose after initial accusations against me were discredited. (These are all facts documented in the university's own minutes.)
Although university officials acted in reckless disregard of the law and of human rights (see attached), the courts imposed no punitive damages. Similarly, apart from retroactive salary, the courts awarded me no compensatory damages, though my academic career was interrupted for four years and I paid hundreds of thousands of dollars in court fees and travel costs to renew my visa, not to mention hundreds of hours spent writing letters (such as this one) over twelve years trying to obtain justice.
I think officials in Taiwan believe that so long as foreigners are allowed to file lawsuits, justice is served, regardless of the outcome of the suit. It reminds me of a line from a Shakespeare play, "I can call the dead from their graves too, but will they come?" Sure, I can sue officials in Taiwan: but will I win?
My request for compensation was denied by the courts on the claim there was no reason for me to reside in Taiwan to contest my case! How could I have contested my case in the United States? In another case, when an American returned to the United States during a custody dispute with a Taiwanese woman, the court ruled against him on the basis he returned to the United States and so showed he had no parental concern for the child. "Heads I win, tails you lose."
Academic and cultural exchanges between nations can only take place on the basis of mutual respect, not evident in the university's misconduct or in court rulings on my case. I should add that not a single human rights group in Taiwan has responded to my request for assistance.
Several years ago National Cheng Kung University students were caught illegally uploading copyrighted music and within hours several Taiwan lawyers volunteered pro bono assistance to those students. I find it odd that Taiwan lawyers were willing, in a matter of hours, to volunteer pro bono assistance to students who technically broke the law but, in thirteen years, not a single Taiwan lawyer has volunteered to take my case to uphold the law!
The Latin words "pro bono" mean "for the good (of the cause)." But Taiwan lawyers seem to think that Taiwan students who illegally upload copyrighted music have a more worthy cause than an American teacher who is illegally fired. Is that the way to insure law and human rights in Taiwan?
American legal aids daily volunteer their services to immigrant residents in America who find themselves in legal straits in cases more complicated than mine. Yet there is no attempt in Taiwan to reciprocate treatment to Americans.
English-language newspapers have repeatedly declined to publish letters exposing my case. But within hours of the taekowondo incident Taiwan's press and the Internet bubbled with outrage over the perceived injustice suffered by a Taiwanese citizen and the athlete was promptly offered free legal assistance.
I don't understand the disparity in handling these cases. The Taiwan people are given voice in the American congress, despite the many issues the American government is faced with daily. Yet not a single Taiwan legislator has voiced my case. Apart from law, how is the principle of reciprocity honored in Taiwan?
I, or a Chinese colleague, have repeatedly sent letters (in Chinese and English) to the Ministry of Education, the Control Yuan, the Prime Minister, and Taiwan's president, to no avail. The letters aren't even answered.
Surely the issues are plain enough to indicate discrimination against an American citizen in Taiwan, and so justify some kind of American mediation.
Thank you for whatever assistance I receive.
Sincerely,
Richard de Canio
formerly, Associate Professor
Department of Foreign Languages and Literature
National Cheng Kung University
Tainan, Taiwan
(06) 237 8626
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