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Cautionary Tale: Unscrupulous admin & student = BIG trou
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Pow3hatan



Joined: 22 Jun 2007
Posts: 232
Location: INDONESIA

PostPosted: Thu Sep 20, 2007 1:26 am    Post subject: I'm Guilty...NOT! Reply with quote

It would be of no use to give a lengthy response to Clark's view. If there were more of Clark's type in this world, many more innocent would be found guilty just based on hearsay and more hearsay from their witness(es).Throughout your contributions to this thread, you have made it clear you are of the mind "Guilty until proven innocent"no matter how flimsy the charges.
I am not hear to try my case on this forum...nor can I with litigation pending. If anybody has any useful advice for the innocent or similar experience to share, I welcome your post. Otherwise, I share what has happened to me as a warning to anyone in Taiwan that this could happen to you too. If we (the accused) keep funning away and don't fight for our innocence, this kind of abuse will continue.
The Clark Griswalds of the world would have us accept the lies against us and submit to injustice. I will fight for what is right, the truth and justice!
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TaoyuanSteve



Joined: 05 Feb 2003
Posts: 1028
Location: Taoyuan

PostPosted: Thu Sep 20, 2007 10:53 am    Post subject: Reply with quote

Hang in there, Pow3hatan. We don't all prescribe to the Clarkian view of Taiwan.

Not sure if you have already, but if I were you I'd: 1) contact your country's trade office, fill them in on what's happened and ask for assistance. 2) get a good local lawyer and counter sue 3) Ignore Clark.

I hope things go your way.
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forest1979



Joined: 10 Jun 2007
Posts: 507
Location: SE Asia

PostPosted: Thu Sep 20, 2007 12:09 pm    Post subject: Reply with quote

Pow3hatan - Sorry to hear of the bad outcome. Hang in there.

Sorry to of the naivity of Clark. I certainly don't agree with his viewpoint on your workplace situation, and as far as I can see your employers have done their best to confirm assumptions about your alleged behaviour. The fact that the student involved is getting tearful is as sure sign of guilt and stress as you can get, unless you look in a different direction!

Someone like yoursefl sticking to your principles is something TEFLers in Taiwan need as it's far too easy to be tarred guilty before innocent. As far as I would like Taiwan to be, as of course Clark is bound to disagree with this, as foreigners we do get the rough end of the stick and you're actions in digging in to get justice only helps TEFLers in the long run. Good luck to ya!
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BJ



Joined: 03 Dec 2003
Posts: 173

PostPosted: Thu Sep 20, 2007 4:59 pm    Post subject: Reply with quote

A suggestion. Having worked in colleges and Universities for over 12 years in Taiwan, here are two possible questions to ask.

1. Has the student been seeking mental help of the college counciling/medical services prior to the alleged molsetation.

2. Have her grades been slipping recently. or has she had a loss of face.

Teaching English through drama, I frequently touch the young men/women in my class and have yet to be reproached. AS such it is weird that she would bring forward these charges. This is why i think there is more too it than meets the eye. ATtention seeking or medical problems could be a cause.

Unfortunately in Taiwan money does rule. Students frequently have a large say in the future of teachers, especially those new to the department.

Have you been given a teaching clearnece form from the government. These are normally produced after a probationary year, and all documentation has been checked. If so you can lodge an appeal to the ministry of education.

As to Mr Griswald, take him with a large pinch of salt. His advice while often good is also frequently laced with very thinly veilled accusations or attacks on anyone questioning the ethics of Taiwan managers/owners.


Last edited by BJ on Fri Sep 21, 2007 3:30 am; edited 1 time in total
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Miyazaki



Joined: 12 Jul 2005
Posts: 635
Location: My Father's Yacht

PostPosted: Thu Sep 20, 2007 6:30 pm    Post subject: Reply with quote

BJ wrote:

As to Mr Griswald, take him with a large pinch of salt. His advice while often good is also frequently laced with very thinly veilled accusations or attacks on anyone questioning the ethics of Taiwan managers/owners.


Very well put. I ignore Clarke's verbose posts. Don't even read them anymore.

Pow3hatan,

Sorry to hear about the outcome. If you're going to be in Taiwan and are willing to continue the fight, I think that's great. Most people don't, though. And I think that's what schools expect. Give them a fight.

bj, that sounds plausible. There may be tons of stuff going on with this particular student which has lead her to make these allegations.

Weeping, depression, etc. - because she was touched on the waist? Shocked

It sounds like a weird story.
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Henry_Cowell



Joined: 27 May 2005
Posts: 3352
Location: Berkeley

PostPosted: Thu Sep 20, 2007 7:14 pm    Post subject: Re: The Decision Reply with quote

Pow3hatan wrote:
...they totally ignored my video & photo evidence

What exactly does this evidence show to support your case?
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clark.w.griswald



Joined: 06 Dec 2004
Posts: 2056

PostPosted: Thu Sep 20, 2007 11:45 pm    Post subject: Re: The Decision Reply with quote

Henry_Cowell wrote:
Pow3hatan wrote:
...they totally ignored my video & photo evidence

What exactly does this evidence show to support your case?


Not sure if you will get an answer on that one Henry. Power3hatan keeps making reference to it but seems to be avoiding giving any further information about it.

I understand that it does not matter what we think or write here as it will have no influence on the case, but I am a bit confused however as to why Power3hatan chose to bring this discussion here if all he wanted to see in response was posts along the lines of 'you are a foreigner, we are foreigners too, we are behind you mate'. Personally I don't see the point of that as I can't see where that helps the OP but if that is what he wants to see then fair enough.

Pow3hatan wrote:
If there were more of Clark's type in this world, many more innocent would be found guilty just based on hearsay and more hearsay from their witness(es).


First off a victim accusation is not hearsay, it is a statement.

Secondly if her witnesses are claiming that they saw something then that is not hearsay either but instead statements of fact as to what they saw.

So in line with what you wrote above me then I am guilty of respecting statements of victims especially if there are corroborating statements from witnesses. That is not my judgement but a fundamental legal concept that I would think is pretty universally accepted around the world. It is not infallible of course.

I can't see what reason there would be for the girl and the other witnesses to lie about this whole thing. Perhaps you can explain this further?

Pow3hatan wrote:
Throughout your contributions to this thread, you have made it clear you are of the mind "Guilty until proven innocent"no matter how flimsy the charges.


How so? To date you have reported that an accusation was made against you, you conceed that you are guilty of making physical contact with the girl, you report that the accuser has witnesses who corroborate her story, you suggest that you have proof of your own that you did nothing - yet you have not outlined what this proof is. How does all of this equate to me supporting the concept of guilty until proven innocent?

Pow3hatan wrote:
I am not hear to try my case on this forum...nor can I with litigation pending.


So making your own comments on this public forum will not affect your 'litigation' but answering questions regarding your posts will?!!

Pow3hatan wrote:
If anybody has any useful advice for the innocent or similar experience to share, I welcome your post.


Actually I think that this is the root cause of some of the problems you seem to be having there.

It seems to me that you have a clear aim and that is to get yourself obsolved of these accusations but that the way you are going about it is not working. The posts in support of you here have not really provided anything that you take back to help you win the case. Perhaps rather than getting defensive against those who disagree with you or seem to have an alternative point of view, you should instead consider their points of view as it may just prove helpful to you.

Pow3hatan wrote:
Otherwise, I share what has happened to me as a warning to anyone in Taiwan that this could happen to you too. If we (the accused) keep funning away and don't fight for our innocence, this kind of abuse will continue.


Fair enough. I have been spreading the word and supporting the notion of foreign teachers fighting for their rights for some years now and I can see that it is paying off.

Pow3hatan wrote:
The Clark Griswalds of the world would have us accept the lies against us and submit to injustice. I will fight for what is right, the truth and justice!


Actually I just want the full story and it seems clear that for some reason you are holding back on this. Of course you are under no obligation of course to post anything further here but I find it a bit strange hence my comments. Anyway, good luck and I genuinely hope that you get the situation resolved to your satisfaction.
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Pow3hatan



Joined: 22 Jun 2007
Posts: 232
Location: INDONESIA

PostPosted: Fri Sep 21, 2007 1:49 am    Post subject: Thanks for the positivity Reply with quote

Thanks Taoyuan Steve, Miyazaki, BJ, Forest1979 for your more positive feedback and encouragement. The comments about the possible state of the accuser's mind are very valid. I already mentioned this to the committee at our meeting back in July but they would not acknowledge this point. She was one of my students last year and her behavior at that time was sometimes odd. I will keep tracking this possibility as I think it has some small to large part in the "why"of the accusation. There's plenty weird about the student and her accusation.
You're also very right that the accusation and the statement of the student's "weeping, being socially withdrawn..."are not consistent. In fact, after the decision letter I have been digging further into what's behind this accusation and the student and have found some interesting & helpful evidence on the internet to disprove the statement and show the accuser's lack of credibility. As I'm finding out, there is much more behind this whole thing than meets the eye. The student's accusation was actually the means to achieve another purpose for herself and a few others at the college.
The lawyer who has been helping me with the school process these past months probably is not suited for the legal action, so now I'm looking for a new lawyer, somebody aggressive and experienced who will settle for no less than the truth being proven and a win in this case. I will also contact AIT to let them know of this case now that the school has made it's "fixed" decision.
Agree with you all too that the best way to handle those who have little constructive, objective or fair to say is to pay little mind to their diatribes. I know what happened/didn't happen, who I am, and what I need to do to fight this injustice.
Clark: if you want to know all the evidence, proof, facts, etc I have on my side then you're welcome to follow this case in court...or read the book/see the movie in the future!
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clark.w.griswald



Joined: 06 Dec 2004
Posts: 2056

PostPosted: Fri Sep 21, 2007 6:49 am    Post subject: Re: Thanks for the positivity Reply with quote

Nothing further about the video evidence that proves your innocence?

Pow3hatan wrote:
Agree with you all too that the best way to handle those who have little constructive, objective or fair to say is to pay little mind to their diatribes.


Constructive, objective, and fair provided that the person agrees 100% with your version of events of course?!

As I have stated all along I wish the best with this. I am not confident that you will get a win with the course that you are taking which is why I have pointed out what I see as the problems with what you have been posting here, but I certainly hope for your sake that you can come back here and prove me wrong.
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Henry_Cowell



Joined: 27 May 2005
Posts: 3352
Location: Berkeley

PostPosted: Fri Sep 21, 2007 5:21 pm    Post subject: Re: Thanks for the positivity Reply with quote

Pow3hatan wrote:
[Agree with you all too that the best way to handle those who have little constructive, objective or fair to say is to pay little mind to their diatribes.

Yes, a request for proof or evidence is considered to be a "diatribe."

Thinking like that is why you're in the situation you're now in. Cool
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jwbhomer



Joined: 14 Dec 2003
Posts: 876
Location: CANADA

PostPosted: Sat Sep 22, 2007 12:28 am    Post subject: Re: Thanks for the positivity Reply with quote

Pow3hatan wrote:
The lawyer who has been helping me with the school process these past months probably is not suited for the legal action, so now I'm looking for a new lawyer, somebody aggressive and experienced who will settle for no less than the truth being proven and a win in this case.


Do you mean that the lawyer who was working for you doesn't see things quite your way? It is part of the lawyer's job to take a more objective and dispassionate view of the facts than the client can. Thus the lawyer sometimes has to tell the client that the client has no case, or the proverbial two chances. That's when the client often decides to get a "better" lawyer.
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forest1979



Joined: 10 Jun 2007
Posts: 507
Location: SE Asia

PostPosted: Sat Sep 22, 2007 2:50 am    Post subject: Reply with quote

I think he means his lawyer is not suitable for the TYPE of case. Lawyers, like people in other occupations, specialise and have different skills. Seems like the nature of the case is not best for the lawyer, hence a more suitable one is sought.
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BJ



Joined: 03 Dec 2003
Posts: 173

PostPosted: Sat Sep 22, 2007 4:09 am    Post subject: Reply with quote

Clark, asking for the evidence? to satisfy you he should link to the whole video, and write detailed reports of everything? Wow someone disagrees with you and the venom shows though so quickly
Of course no one can be 100 percent, not even you. perhaps god but man?
When he says video, i presume he means video of the accusation. WItness for him, again i seem to remebr they were int he room also during the allegation.
Lawyer, he said he wasnt suited for the type of litigation.meetings that would be needed. If i remembr again he said that it was an friend of a friend. Not necesarily someone who understands the ins and outs of the educations system.
If you think you are right then normally the opponent is wrong, or am i missing something here?

Another thought, what commotion went on in the classroom when the waist was touched? From her reaction I would have thought people would have noticed her reaction if it was in fromnt of the class, be int freezing, moving away rapidly, saying something? or is it post traumatic shock she is claiming.
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Henry_Cowell



Joined: 27 May 2005
Posts: 3352
Location: Berkeley

PostPosted: Sat Sep 22, 2007 5:58 am    Post subject: Reply with quote

BJ wrote:
Wow someone disagrees with you and the venom shows though [sic] so quickly....

I have followed Clark's many, many posts on many, many threads with interest. Never -- and that's NEVER -- have I ever seen "venom" in any of his posts.

Can you please give an example of this "venom" you see so clearly?
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forest1979



Joined: 10 Jun 2007
Posts: 507
Location: SE Asia

PostPosted: Sat Sep 22, 2007 6:35 am    Post subject: Reply with quote

I'll be blunt and say that as much as I don't agree with what most of Clark says, and I get fed up of his dogmatism, he does infrequently raise points that are certainly worth discussing further. However in the context of a legal case where the plaintiff has the right to hold back certain pieces of information I think it's a bit shallow to jump to conclusions over video evidence and the like.

So...back to the case itself...

I'll be upfront a say that the so called distressed 'abused' student has some problems. Anyone who turns into a nervous wreck due to a light brush on the waist has either been living in a convent or has some deep emotional issues beforehand. The fact that the distress caused has been so profound and drawn out appears to me, in my position of not knowing all the OPs evidence, seems that she, the 'abused', is well out of her depth and suffering now from guilt in what was an accusation that has become a full-blown legal case. In probably what was a quest for attention has now become a self-fulfilling prophecy, albeit in the way she never expected. I mean, how many foreigners get legal assistance in standing up for their rights? Basically none as most foreigners are left with little choice but to hot foot it to the airport. This time, thankfully, Pow3hatan is making a stand.

As for the employers, I am sad to say, and I have seen this myself in colleges and universities, far too often assumptions are made about how people (teachers and students) behave. I have seen heads of department draw knives out to students over silly things based on accusations and their assumed meanings, and teachers who have socialised with students accused of being raging alcoholics for ordering a single beer! Do I see the employers ever backing down on this despite Pow3hatan's legal interventions? Quite simply no. There's now a major matter of face to be lost if they do, and also from seeing these institutions operate at first hand they go full pelt to in effect make their assumptions 'appear' as fact. What this means is that the picture painted by Pow3hatan will be disproved, argued over, etc., so that the employers assumptions of his nature are in effect turned into 'truth'. Through pressuring the alleged 'abused' girl they can do this and discrediting him they will be successful.

I wish Pow3hatan all the best for his case but I think it's a losing game. More power to him for standing up to his rights but I just don't see his employers backing down. Clark may wave the flag of Taiwan as a place of paradise but Pow3hatan's story proves this as a fallacy. The fact that a good teacher has been blackballed shows the fragility to being a foreigner in Taiwan. I genuinely hope he wins his case but the cards are stacked against him. I've also seen unis throw vast sums of money on projects that ultimately come to nothing - the employers stand against Pow3hatan regardless of cost is just an extension of this process. Good luck to Pow3hatan but if nothing else when you are accused of something in Taiwan, as a foreigner it is very difficult to to 'disprove' the accusation. Literally it is a 'he said, she said' scenario and unless Pow3hatan gets some pretty major evidence to back his case the tide of the sea is against him. This if anything is something Clark should spend more time to address.
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