Dr. Chi-Huey Wong,
President
Academia Sinica
128 Academia Road
Section 2, Nakang
Taipei 115
Taiwan
cc: Academicians of Academia Sinica
American Exchange Universities
Scholars at Risk
Ministry of Education
28 July 2012
Dear Dr. Chi-Huey Wong and Academicians of Academia Sinica,
I am writing because of long-standing human rights abuses at
National Cheng
Kung University
in Tainan, Taiwan.
In 1999, on the basis of illegal procedures,
including a secret letter circulated at oversight hearings, I was dismissed
from the Department of Foreign Languages and Literature. On appeal, the Ministry
of Education ruled in my favor on 8 January 2001 (attached).
Emboldened by a passive or ignorant faculty, the administration
of Kao Chiang contested the ruling, claiming “foreigners” had no right to
appeal and were not protected by the Teacher’s Law, though the university had previously
held bogus appeal hearings.
Despite ten warning letters from the Ministry of Education
(attached), two letters from Scholars at Risk, and a court verdict rejecting
the university’s claim, NCKU delayed for nearly two and a half years before
reinstating me, in May 2003, after which it held more hearings; as if MOE and
court rulings had no legal effect. These hearings were canceled by the MOE.
Despite these abuses, neither the MOE nor the court imposed
penalties on NCKU. Undeterred, and confident of faculty indifference, officials
now defiantly claim on NCKU’s web page that the university did nothing wrong (http://news-en.secr.ncku.edu.
How, in a lawful society, can a university repeatedly violate
the rights of a professor, documented in an MOE ruling (attached), yet post
that "The resolution to discontinue his employment followed the required
procedure"?
First, an illegal dismissal is not the same as “discontinued employment,” no more than theft is the same as a legal transfer of property.
First, an illegal dismissal is not the same as “discontinued employment,” no more than theft is the same as a legal transfer of property.
Second, if violating human rights is "required
procedure" at National
Cheng Kung
University then that
university should be discredited as an academic institution. For a detailed
rebuttal of the English post and a link to the Chinese post, see my dedicated
web page at http://rdca45b.blogspot.tw/
The Secretariat even had the audacity to accuse me of violating Taiwan statutes, though he only repeats malicious accusations rejected by the MOE. If the Secretariat's accusation were true, I would have been indicted under articles mentioned. Repeating a lie does not make it true, it makes it libel.
It's clear university officials were humiliated by losing the case. But they have only themselves to blame. They were repeatedly warned by members of the Teachers Union that their actions were illegal, but defiantly ignored them, as they continue to defy legal rulings years later.
The Secretariat even had the audacity to accuse me of violating Taiwan statutes, though he only repeats malicious accusations rejected by the MOE. If the Secretariat's accusation were true, I would have been indicted under articles mentioned. Repeating a lie does not make it true, it makes it libel.
It's clear university officials were humiliated by losing the case. But they have only themselves to blame. They were repeatedly warned by members of the Teachers Union that their actions were illegal, but defiantly ignored them, as they continue to defy legal rulings years later.
Embarrassed by their foolish misconduct,
they now whitewash their actions, impugning my reputation to save theirs. I
blame the lack of deterrent penalties by the courts and the MOE for their
brazen arrogance.
Does it seem reasonable that
university officials conspire to dismiss a professor and interrupt his academic
career for four years yet escape punitive damages or administrative penalties?
Punitive damages have a
deterrent function in lawful societies. They are awarded to discourage similar misconduct
in the future. They set a deterrent “example” in monetary terms, hence are “exemplary
damages.”
Deterrence, whether by fines
or incarceration, is integral to social order. If thieves were merely told to
return stolen money, would they be discouraged from stealing again? If the
police rescued an abducted child, without penalty to its kidnapper, would that
deter abductions?
I was not even awarded
compensation, which NCKU contested. Yet the dismissal cost me hundreds of
thousands of dollars in legal and travel costs.
Some esteemed colleagues of
this institute have benefited from American laws, hospitality, legal rights, and
remedial channels. I don’t think it’s asking too much to request that you reciprocate
to help formally resolve this case.
Please sign a formal petition to the
responsible government agencies and strongly urge this case be resolved
according to principles of international law, such as the International
Covenant on Civil and Political Rights your Legislative Yuan ratified on March
31, 2009.
Part II, Article 2, Section 3, paragraph (a) insures “that any person whose rights or freedoms as herein recognized are violated shall have an effective remedy, notwithstanding that the violation has been committed by persons acting in an official capacity (my emphasis).
Part II, Article 2, Section 3, paragraph (a) insures “that any person whose rights or freedoms as herein recognized are violated shall have an effective remedy, notwithstanding that the violation has been committed by persons acting in an official capacity (my emphasis).
Effective remedy includes a
formal apology, an admission of wrongdoing, a commitment to reform,
compensation, and, as determined by law, punitive damages.
The president of this
esteemed institute writes that it will “establish standards of academic
integrity, [and] forge closer ties with universities and research institutions
around the world . . . for the benefit of humanity.”
These are fine goals, but they
will not benefit humanity unless government agencies exercise oversight, with
effective punitive sanctions, so all faculty can teach and research without
fear, while academic exchanges with universities abroad are maintained with mutual
respect for the rights of foreign professors.
Sincerely,
Richard de Canio
formerly, Associate Professor
Department of Foreign Languages and Literature
National Cheng Kung University
Tainan, Taiwan
