As expected, my lawyer's response to my conditions for the settlement proposal was "no can do"! Both the judge and my lawyer said I should draw up my conditions for a settlement, but everything I have suggested or submitted has been rejected. What utter nonsense! So you can see even more clearly what I've been dealing with these past few weeks in trying to come up with a settlement proposal, here is my lawyer's email to me last night:
Mr. Diggs,
I understand your determination to fight for your rights. However, I'm afraid your proposal, especially #2, will not persuade the opposite parties to settle at all.
The most basic thing before making a proposal to settlement is to ask the opposite party to make commitments within its capacity. In terms of asking "NTCN admits its investigation conclusion about your committing sexual harassment and has the teachers' appealing committee to correct relevant decisions", the NTCN does not have such authorization unfortunately. Since the Gender Equality Education Act and the Teacher Act intend to create the gender equality committee and teahcers' appealing committee as independent agencies from the school, they will not allow the school to make such compromise to you.
Besides, the school representative has clearly turn down your request to provide you any form of official document regarding this sexual harassment thing in the last hearing (as he said, this should be decided by the gender equality committee and beyond the school's authorization). It is predictable that the school will turn down your offer again.
You almost have nothing to bargain right now, because the judge has told both you andf the opposite parties very clear that your claims will be rebuted given all the evidences presented before him. As I said, if I were the opposite parties' lawyer, I will have no motive to accept any of your offers, because I know I am going to win. In order to control your damage, I suggest your proposal #2 to be revised as "The plaintiff agrees to withdraw this lawsuit" (原告同意撤回本件訴訟) only. If your proposal #1 is agreed, you'll get your reputation back to some degree. Otherwise, you may ask the judge to make the decision. I'll still argue your rights in the coming hearing.
Finally, I suggest you to hire the interpreter again in the coming hearing. I will apply to the court for you after your confirmation.
Best,
Attorney Tu
I understand your determination to fight for your rights. However, I'm afraid your proposal, especially #2, will not persuade the opposite parties to settle at all.
The most basic thing before making a proposal to settlement is to ask the opposite party to make commitments within its capacity. In terms of asking "NTCN admits its investigation conclusion about your committing sexual harassment and has the teachers' appealing committee to correct relevant decisions", the NTCN does not have such authorization unfortunately. Since the Gender Equality Education Act and the Teacher Act intend to create the gender equality committee and teahcers' appealing committee as independent agencies from the school, they will not allow the school to make such compromise to you.
Besides, the school representative has clearly turn down your request to provide you any form of official document regarding this sexual harassment thing in the last hearing (as he said, this should be decided by the gender equality committee and beyond the school's authorization). It is predictable that the school will turn down your offer again.
You almost have nothing to bargain right now, because the judge has told both you andf the opposite parties very clear that your claims will be rebuted given all the evidences presented before him. As I said, if I were the opposite parties' lawyer, I will have no motive to accept any of your offers, because I know I am going to win. In order to control your damage, I suggest your proposal #2 to be revised as "The plaintiff agrees to withdraw this lawsuit" (原告同意撤回本件訴訟) only. If your proposal #1 is agreed, you'll get your reputation back to some degree. Otherwise, you may ask the judge to make the decision. I'll still argue your rights in the coming hearing.
Finally, I suggest you to hire the interpreter again in the coming hearing. I will apply to the court for you after your confirmation.
Best,
Attorney Tu
Since the settlement idea was first recommended by the judge at the Sept. 27 hearing, I've endured continual strongarming and coercion by the judge and my lawyer to drop my lawsuit in return for the judge not announcing his decision against me - without having ever given me my lawful right to testify in court with the compelling evidence I have to support my case. In essence, the judge and defendants want to cut off my chance to win the case and expose the crimes of the nursing college administrators (who are government employees) and the accuser who started this whole nightmare.
With the October 28 hearing date fast approaching and my time to make a decision on what to do running out quickly, what should I do?
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