March 4, 2011

    Recently, Dr. Richard de Canio, former associate professor of Foreign Languages and Literature Department of National Cheng Kung University (NCKU), has delivered email messages where he conveyed resentment at his being declined for employment renewal in 1999. This case, as I understand it, was dealt with by NCKU following the resolution of the Teacher Grievances Committee of the Ministry of Education. Dr. de Canio was re-employed and reimbursed with the overdue salary. Legal procedures were carefully observed. In 2010, Dr. de Canio retired from NCKU at the legal retirement age.

    I regret that Dr. de Canio was displeased with how the case was handled. Should similar cases occur in the future, in the administrative procedure, the faculty’s rights and interests will be the primal concerns. Emotional, rational, and legal perspectives on the cases will be equally considered to avoid sense of resentment by the faculty concerned. I believe few people are perfect in this society of great variety. It is my hope that we tolerate and encourage each other. With happy mood, we work together to contribute to the society in pursuit of the true, the good, and the beautiful. With this good faith, I hereby express my sincere gratitude for Dr. de Canio’s devotion to NCKU for the past 20 years.
                         
Hwung-Hweng Hwung
President
National Cheng Kung University

May 4, 2011

    It has been almost 12 years since 1999 when the employment of Associate Professor Richard De Canio was discontinued by National Cheng Kung University (NCKU). The resolution to discontinue his employment followed the required procedure. It was approved by the Faculty Evaluation Committee of Foreign Languages and Literature Department (where he was teaching) in its four meetings, by the College of Liberal Arts Faculty Evaluation Committee in its four meetings, and by the University Faculty Evaluation Committee as a result of multiple rounds of review. However, this discontinued employment case came to an end in 2003 when NCKU reinstated his employment following the district court decision made upon his appeal. In addition, the lawsuit concerning his petition for national compensation on his case was judged three times and rejected two times by the Tainan District Court. Eventually, the case was closed in 2007 after it was rejected four times by the Taiwan Supreme Court Tainan Branch.
    
     The resolution to discontinue the employment of Associate Professor De Canio by NCKU was based on the following reasons. Since his course had been cancelled for a shortage of required number of enrolled students in four consecutive semesters, it would undermine the rights of students to study and the opportunities of local teachers to be employed. NCKU hence discontinued his employment as a foreigner in accordance with the Employment Service Law. Moreover, in view of the fact that the work authored by Associate Professor De Canio was involved in plagiarism and sold in public which went in violation of Articles 91 and 94 of the Intellectual Property Rights, NCKU could not continue his employment. However, he appealed to the University Teacher Grievances Committee and the Teacher Grievances Committee of the Ministry of Education; further, he filed the lawsuit for the applicability of Teachers Law to foreign teachers. With the decisions of the appeals and the lawsuit, the Ministry of Education stated in its letter to NCKU that the school should reinstate his employment and reimburse his salaries. Accordingly, NCKU issued to him his employment contracts, his salaries, year-end bonuses, and academic research stipends for the period between 1999 and 2003.

    On another front, Associate Professor De Canio filed a request for national compensation for entry and exit visa fees he had paid during his dismissal period. The Tainan District Court ruled that NCKU should refund his expenses for flights, hotel accommodation, lodgings and visa applications. Yet, an appeal by NCKU was approved so that the previous verdict was reversed, allowing the school to retrieve its compensation payments. In response, Associate Professor De Canio filed a complaint to the Taiwan Supreme Court Tainan Branch, which ordered the case be retried at the Tainan District Court. The retrial decision sustained that NCKU should make compensations. NCKU appealed to the Taiwan Supreme Court Tainan Branch, which ruled that NCKU was not required to compensate. Four subsequent appeals for retrial made by Associate Professor De Canio were dismissed. Thus, his lawsuit for national compensation was closed. As well, his lawsuit against a former student was lost and closed.

     Over the past few years, Associate Professor De Canio has claimed his rights by means of legal procedures and continued to write to NCKU to express his discontents over its inefficient dealing with his reinstated employment as well as with the allegation of grading imparity by his former student. In spite of all this, and despite the fact that Associate Professor De Canio has retired since 2010 from NCKU at the legal retirement age, NCKU still expresses gratitude for his devotion to teaching in the past twenty years.

Secretariat Office
National Cheng Kung University