Job Discussion Forums

[Miyazaki]

Sounds like it's been exhausting.
Good luck in the LoS!

[Pow3hatan]

Thanks for checking in periodically ESL Hobo, Romanworld and Miyazaki and keeping the encouragement and feedback coming !
Yes, the nearly 2 years I endured fighting close-range with the nursing college and MOE were very exhausting. Now almost 3 weeks into my new surroundings and I'm beginning to feel alive and semi-normal again and in a much more positive frame of mind and mood for work and for continuing the battle from a safer distance.

Nothing new to report on the lawsuit as the next court hearing on June 5 draws closer, but my attorney handling the admin appeal just finished writing the strongest yet request to the MOE to stop selectively applying a very narrow frame of law - while ignoring the wider laws that support my right to have my appeal heard - to unfairly block my appeal for over 18 months now. The only purpose their blocking has served is to hide the truth and protect the wrongdoing of those who committed this heinous and blatant crime.
Incredulously, at the same time, the nursing college has stated more than once that I have not followed the procedures for appealing and they don't understand why I sued them because they have been willing to handle my appeal or even meet to try and resolve this situation face-to-face. What a joke!

Paradox~yeah, it's been interesting sometimes the characters who have dropped into this thread from nowhere to put in their 2 satangs worth of wisdom. Thankfully, there have been far more sensible and reasonable people who have contributed their thoughts, experiences, suggestions, questions and offered support here .

[Pow3hatan]

Some good news about the admin appeal part of my case just one week before the next court hearing on my lawsuit. Finally the MOE has accepted handling the long-delayed second appeal! Next step is for my lawyer to submit the new petition for appeal together with supporting documents.

The MOE insists the petition has to have my original signature, meaning a delay in moving the process along while the petition moves by traditional mail from me back to my lawyer. Can't just sign, scan and send it back as I have with some earlier documents.
If the court makes a decision soon after the June 5 hearing and in my favor then that could help speed the appeal process along as both the nursing college and MOE said earlier that they would follow the court's decision.

[Pow3hatan]

Thanks Dayuan for your thoughtful and supportive post. As you can see, I took some time to re-read and think over what you've said and I'll PM you later in a bit more detail.

For the information of all reading this long-running thread, I have stated more than once - most recently on posts of 2/18/08 and 1/14/08 - that I took up this fight not just for myself but also for all the others of us expats toiling abroad who have been caught up in some sinister & surreal web of defamation, deceit, fraud, false accusations, and other criminal wrongdoing by employers or others who seek illegal and immoral means of attacking and damaging the innocent for their gain or pleasure.

I first opened an earlier thread titled "A Cautionary Tale" in late 2007 but it was hijacked by some flamers and ended up locked by MOD Edit. Later I opened this thread, and I've also stated more than once that I decided to share my experience on Dave's ESL forum for the benefit of anyone interested to follow along and/or contribute to discussion, not to court public opinion about my case or to plead my innocence here.

I'd be very happy to help anyone interested to open up such an organization as you've suggested Dayuan and I think it's a great idea. However, I'm still very much in the thick of the battle and it may be many more months or years until it's over. I'm already very worn out by the 2-years I've fought already and I don't have the stamina or desire to be the founder of this at this time. However, I am very much interested to share my experience, resources, etc with those who do want to head up such a much-needed organization.

Perhaps if someone else had done what I'm doing or started such an organization for the protection of expats earlier, all of us would be that much farther ahead and better equipped to handle attempts to violate and abuse our rights in foreign lands.

[Pow3hatan]

Another anti-climatic hearing it seems and still no end in sight to the first stage of my lawsuit against the nursing college. There will be another hearing on August 7. Why, I don't know.

My lawyer didn't tell me much about what happened, only that the nursing college finally gave the judge some documents from their bogus investigation and decision, but the judge decided not to require the college to give a copy to me citing "confidentiality". Go figure!

I've already protested this to my lawyer and will try to find the law or precedent to challenge his decision. It's quite ridiculous to keep information concerning me confidential when it's about ME! The accuser and the nursing college continue to have an unfair advantage I must overcome.

Also, for some unknown reason (to me) the "witness" who was supposed to appear for the defendants did not attend and instead will appear at the next hearing.

[Pow3hatan]

...and the harassment and bogus accusations continue by the nursing college!

Although I've been living far from the nightmare in Thailand since the end of April, yesterday I got an email from my lawyer and copy of a subpeona from the Shihlin prosecutors office telling me to attend ANOTHER (the 6th) hearing in the investigation of the nursing college's accusation that I defamed somebody.

They claim the information I distributed in June 2008 asking for help in stopping false accusations, harassment, rights violations and abuse of the law by those who perpetrate these crimes was intended to humiliate and defame them and caused them harm, although nobody is named in the information. In reading the information, it is very clear my intentions were to express what was done to me by the nursing college and to ask for the public's help in stopping the defamation and abuse of innocent people by ill-intentioned employers, not to defame anyone or the school.
The prosecutors have known since April that I would be moving to Thailand and could not attend any hearings in Taiwan unless all the expenses were paid by the prosecutors office. I made it clear that I cannot afford the expenses or time off from work to fly all the back to Taiwan for this. Plus, I had already attended 4 hearings before I left Taiwan and told them everything I know. There is nothing new I can tell them that warrants calling me back this distance.
So, the notice says if I don't attend the hearing I am subject to arrest if I re-enter Taiwan or possible denial of entry to Taiwan. It seems I have been elevated to the level of major criminals of Taiwan, similar to those who so often escape the country and evade arrest or imprisonment.
How is it that Taiwan can't even prevent those accused of very real and serious crimes from leaving Taiwan nor bring them back, yet they have such keen interest in threatening me who has done nothing remotely comparable? How much more longer are my rights and innocence going to be ignored and trampled on by Taiwan's authorities?
Any suggestions who to consult on this matter or how to handle it?

[ESL Hobo]

Hi,
Well,I could see this coming from a mile away.
Consider yourself exiled in a polite manner.
I suppose it beats being deported.

Taiwan has been a 60 year experiment on how democracy would work in a Chinese society. They have made some vast improvements concerning human rights compared to the mainland. But you have to remember that their legal system is based on 1940's system that comes out of Germany.

Someday in the far future what you stood for will have made a difference.

Who to consult?
How to handle it?

I think you have put in more than enough of your time and effort.
If I were you, I would just email your lawyer and inform him that it's over. That you are not conceding anything but are unable to return to Taiwan due to financial constraints.

Then kick back and enjoy the living daylights out of Thailand!

[Pow3hatan]

Good points ESL Hobo on Taiwan being a 60-year experiment in Chinese-style democracy that has made a lot of progress...but still has a LONG way to go in the areas of human & legal rights and equal (or any) enforcement of existing laws. I have had to keep this key point in mind as I've navigated the confusing and often partial judicial processes in Taiwan.

Not unexpectedly, I got news a couple days ago that the Legal Aid Foundation won't help me with the prosecutor's office investigation & nursing college attempt to sue me. They are continuing to help me with my lawsuit and the administrative appeal...these are the focus of my efforts and not the nursing college's scare tactics & bogus attempts to cause me more trouble.

Last week I sent a letter to the Shihlin district prosecutor's office explaining very clearly that I cannot attend the next or any hearings on my own dime. I also made it clear I'm perfectly willing to answer their questions and offered them several options for doing it. Here is an excerpt from my letter:

Dear Prosecutors Office,

This letter is to inform you that I will not be able to attend the hearing on June 25, 2009. I have already informed you at the April 15 hearing and by letter in May that I have moved to Thailand to begin a new job and I am unable to take time off or afford the air ticket to and from Taiwan due to my very bad financial condition.
For almost 2 years I have been in very bad financial condition since the nursing college�s untrue accusation & decision of sexual harassment. Their defamation and damage to my career and work have hindered me from earning a proper salary and caused me to sink further and further into serious debt. Flying to and from Taiwan plus hotel, food and transportation expenses would put me unfairly further in debt and deny me my human and legal rights.
I am willing to answer your further questions under any one of these options:

A. You pay my roundtrip airfare to and from Taipei, the amount of my lost wages for the time I must take leave from work, all expenses including hotel, food, transportation, etc. while I am in Taipei.
B. You can come to Thailand and interview me here after I am off work.
C. You can send me your questions in writing for me to answer and send back to you.
D. You can interview me by webcam or a video link set up and conducted at your expense.
E. When my financial situation is back to normal and I can afford to travel to and from Taiwan without it bankrupting me, I can appear for a hearing.

I'm waiting for their response.

[ESL Hobo]

Hi Powhatan,

Good return letter.
Let us know how things go.
Personally, Thailand is my favorite country.
The last time I taught there the Thais in my tiny apartment building were so nice. Every evening they would have some kind of community BBQ with beer out in front. I was invited to join them on many occasions and had a great time learning how to eat and drink in a polite Thai manner. Once a month our school held an all night (until dawn) movable party for the teachers. Great for letting off steam and just all around good times. Traditional Thai massages only 500baht. Excellent, fresh and bountiful food!!! Smiling, happy students. No oppressive admin or angry parents.

"Let the Good Times Roll, Powhatan" and stay safe.

[Rooster_2006]

Hey Powhatan,

I haven't read every post, but I totally know what you mean.

Someone mentioned the movie "Disclosure," which I haven't seen, but I read the book. And it's true. These days, in many developed countries, all a woman has to do is bring an allegation with no evidence and the man's life is ruined. Maybe he ends up with a dismissal from his job. Or maybe he has to wear an electronic ankle bracelet so people can monitor where he is. Or maybe he has to register on a website so everyone can see where he lives. Or maybe he gets thrown in prison where the other prisoners make his life a living hell. This isn't just Taiwan, but the US, and probably most other developed countries as well. It must stop. The current believes of many courts of "man = automatically a liar," "woman = telling the truth" has got to stop.

Most guys probably just take the punishment and try to move on with their lives, but they aren't helping anybody. You are.

I plan to be teaching for a few more years, and the same thing could easily happen to me.

Oh, and I guess since my teacher at Yonsei University touched me on the waist once, I should be able to get her fired too. Yeah, like it'd ever work that way.

[romanworld]

[Pow3hatan]

Thanks for your contribution here Rooster!

In the beginning of this nightmare, some Taiwanese and other friends did suggest I just move on and take this as one of life's shock lessons. However, I did not agree and as I thought out what happened further I realized that this situation was bigger than just me - I was just one victim of many who have been falsely accused and severely wronged abroad by the ill-intentioned. With no precedent to follow, I knew it would probably be a monumental task to battle the evil powers that be, but I think in each of our lives there comes a defining moment when we can stand or fall...and I chose to stand for myself and others who I could help by doing what no one else before me dared. In 3 years time I've gone from being nearly KO'd to picking myself off the campus and fighting to a slight advantage in later rounds.

The end of your post reminded me of one the BIG ironies of this nightmare: When my accuser was my student and finished her final exam she was the last student in the room. After she handed me her exam, she suddenly grabbed me and hugged me. I was shocked but kept composed and asked her why she hugged me. Her reply was "I just want to say thank you for your teaching and you're a good teacher." Just 5 months after that incident I end up being falsely accused by her of "touching her on the waist" in public, outdoors, in front of hundreds of people walking all around us!
I told my lawyer about the final exam incident and, not suprisingly, he said unless I had a witness I could not bring this incident up and likely nobody would believe me because I'm a "foreign man" and she's a "Taiwanese girl". However, I still filed a sex harassment report with the MOE and the executive yuan but they refused to investigate.

[ESL Hobo]

Sounds like she might have been miffed that you did not reciprocate.

[Pow3hatan]

You're spot on Hobo...but that's only the tip of the far-reaching iceberg! Add a vocal minority of bad students out for the blood of the only remaining native English-speaking teacher there, the nursing dept chairperson stoking them on, an envious and 2-faced Taiwanese coworker helping plot the overthrow, and the highest-ranking administrator in on the assassination, and all the elements were in place for what went down that fateful day in June 2007.
Perhaps the simplest way I can describe this evil collection I've been battling is they're a combination of The Emperor, Darth Vader, Count Dooku (and cronies) and Lord Voldemort and his cohorts.

[Pow3hatan]

Romanworld asked: