To Purdue Univesity: Regarding human rights abuses at National Cheng Kung University (Sept 30 2009)

Dr. Alysa Christmas Rollock
Vice President for Ethics and Compliance
Purdue University

30 September 2009

Dear Dr. Rollock,

Since you are in charge of Ethics and Compliance at Purdue University, you may be able to assist me in human rights issues at National Cheng Kung University (NCKU) in Tainan, Taiwan, with which Purdue has had a long-term academic relationship.
    In 2001, Taiwan's Ministry of Education canceled my illegal dismissal (1999-2000), boldfacing human rights violations. Instead of reinstating me, NCKU argued foreigners had no right to appeal, even though the university held appeal hearings and attended Ministry hearings! (See attached, 1.) Apart from not honoring an appeal the university itself participated in, the fact that NCKU would try to enforce discriminatory practices against foreign faculty should concern an American university with academic exchanges here.
    After defying Ministry of Eduction directives for more than two years, the university finally reinstated me in 2003, but without formal redress. As a professor and American citizen, I do not believe disregard for human rights should be a basis for academic exchanges with a university in a democratic country, especially my own.
    Currently several high-ranking university officials at NCKU are American citizens or have benefited from American democratic values. They have ignored my petitions to formally resolve this case with apologies, penalties, and compensation according to internationally recognized principles of law.
    Our universities should not maintain academic exchanges with a university that flagrantly violates human rights and scorns human rights principles. Academic exchanges should entail some degree of reciprocity.
    If, as was stated on the Purdue University news page, NCKU "is one of the most outstanding universities in Asia, if not the world," one must question if human rights are relevant in this assessment, or if human rights are relevant at all.
    The current president, Dr. Michael M. C. Lai, hasn't even responded to several requests to discuss this issue. Under the circumstances, I hope Purdue University, with which NCKU has academic exchanges, can request formal closure in this case.

    Sincerely,

    Richard de Canio
    Department of Foreign Languages and Literature
    National Cheng Kung University

Letters from Taiwan's Ministry of Education to National Cheng Kung University's President
Regarding Enforcement of an Appeal Ruling

These are English translations of eight letters from the Ministry of Education to National Cheng Kung University concerning my illegal dismissal and the university's refusal to abide by a legal Ministry ruling, even though the university participated in appeal hearings and only challenged my right to appeal after the ruling favored me. It even filed a lawsuit to challenge the Ministry's ruling, then used the court case to try to further delay issuing the contracts!
(The translations are by a member of the NCKU Faculty Union. Chinese copies are attached in JPEG and PDF formats. Below are paraphrases. In any version, the unprincipled conduct of National Cheng Kung University is evident.)

    1. April 6, 2001: "The university should make lawful remedy within a month."
    2. May 11, 2001 "The university should first revive the contract with Mr. De Canio, which is the proper remedy."
    3. June 14, 2001 "If there is no practical revival of the contract, the decision of the MOE Appeals Committee is equivalent to vain words. Procedural justice should be upheld first. The university should not use the results of its previous improper procedures as an excuse to delay reinstating the professor."
    4. August 7, 2001 "If the university willfully delays so as to damage the teacher’s rights, the university must bear complete responsibility."
    5. May 3, 2002 "The university should first revive the contract with Mr. De Canio starting from August 1, 1999, and compensate his salary. There is no need to wait for the court verdict."
    6. October 15, 2002 "The university should immediately process the application of contract extension permit."
    7. December 2, 2002 "The university’s request to wait for the court verdict is denied. Revive the contract with Mr. De Canio and compensate his salary as soon as possible."
    8. January 17, 2003 "Do as described in the letter of December 2, 2002."

Purdue University: Regarding human rights abuses (Sept 2 2009)

Cliff Wojtalewicz

Executive Assistant to the President

Purdue University

2 September 2009

Dear Dr. Wojtalewicz,

I was disappointed by your apparent lack of concern over human rights abuses at National Cheng Kung University, with which Purdue University has had long-term academic exchanges. Perhaps this more detailed exposition of legal rights issues involved may help.
    In 2001, the MOE canceled my illegal dismissal (1999-2000), boldfacing, for emphasis, human rights violations.
    Instead of reinstating me, the university argued foreigners were not protected by the Teacher's Law, even though the university held appeal hearings and attended Ministry hearings! (See attached, 2.)
    The court ruled in my favor, but imposed no punitive damages on the university.
    Over more than two years, the Ministry of Education sent eight letters warning the university to issue me back and current contracts.
    Meanwhile I contacted the human rights group, Scholars at Risk, who contacted the university president, Kao Chiang. Mr. Kao "assured" Scholars at Risk the university was following laws, even though it refused to enforce a Ministry appeal ruling! To my knowledge, the university ignored a follow-up letter from Scholars at Risk urging explanation. (See attached, 2-5.)
    Even after the university was forced to issue me contracts in 2003, it imposed penalties, as if I had lost the case! (NCKU officials don't like to lose face.) Those penalties were overturned by the MOE.
    So far as I know, the Ministry of Education has not punished anyone. It even approved Kao Chiang for another term as president after he defied a legal Ministry ruling for more than two years!
    I have not received an official apology or compensation. This, it seems to me, is not the way a reputable university conducts itself nor should it be a basis for academic exchanges with an American university.
    I received no support from faculty, who sat on case-related hearings years after the MOE canceled the dismissal! Many received degrees from democratic institutions in America and England. They rely on legal rights abroad but ignore the rights of foreigners here. The Faculty Union supported me (see attached, 6-8) but has no legal or exemplary force.
    Currently several high university officials are American citizens or have benefited from American democratic values. They too have ignored my petitions to formally resolve this case with apologies, penalties, and compensation.
    The courts have imposed no penalties on officials, though the violations were egregious, willful, and defiant. Other court cases were a waste of time and money.
    In my suit against a student who wrote a secret accusatory letter, the court ruled it was not libel since no one outside the university read it! Yet the student's letter was secretly circulated at appeal and review hearings!
    My suit against Review Committee members who made unproved accusations was also dismissed on the basis that the accusations were not circulated outside the department!
    Another court ruled against compensatory damages (travel costs incurred to renew my visas), insisting there was no need for me to have stayed in Taiwan! Yet when an American left Taiwan during a child custody dispute, the court ruled that by leaving Taiwan the father proved he had no interest in the child and awarded custody to the mother!
    Taiwan's courts seem to take away with one hand the rights they give with the other. It reminds me of a line from a Shakespeare play, "I can call the dead too, but will they come?" Yes, you can sue powerful officials in Taiwan, but will you win?
    I won the contract case presumably because the court had to uphold a Ministry ruling or risk an international scandal. The wonder is it accepted the university's case at all, based on no acceptable legal principle! Still, the court imposed no punitive damages on the university and awarded no compensatory damages to me.
    Such rulings increase the risk among foreign faculty in Taiwan, who are less likely to fight for their rights. I believe a US court would have imposed millions of dollars in punitive damages on a university that behaved with such willful defiance as this university has.
    There are other issues of discrimination: Foreign faculty do not receive the same retirement benefits as Taiwanese. Taiwanese professors receive upwards from around NT$50,000 monthly on retirement while foreigners receive a lump sum far below what Taiwanese receive during normal life spans.
    Taiwan English-language newspapers, which preach independence "in the name of democracy" have ignored my letters as have Taiwan human rights groups. Meanwhile, Chinese-American academics seem indifferent to democratic principles once they become local officials.
    I'm not sure what can be done abroad. But these issues should not disappear without a trace. They should concern human rights activists, universities, and faculty abroad. American universities should not maintain academic exchanges with a university that flagrantly violates human rights and scorns human rights principles.
    Frankly I'm tired of Taiwanese who rely on human rights protections when they matriculate or teach abroad but ignore them when they return to Taiwan. Such duplicity is unfair. Academic exchanges should involve some degree of reciprocity.
    I write not only as a victim of human rights abuses in Taiwan but on behalf of all Americans who teach here who may have been, or will be, subject to similar abuses without redress.
    Under the circumstances, I can only hope for assistance from an American university with which NCKU has academic exchanges. Failing this, I must appeal to human rights activists in the United States.

    Sincerely,

    Richard de Canio
    Department of Foreign Languages and Literature
    National Cheng Kung University