Depression? Social Withdrawal? The Evidence Proves Otherwise

  With no evidence to support her allegation, Alice Yang and the nursing university started very quickly to use the "emotional" and "sympathy" cards to try and bolster the false accusation. Starting with the first meeting with the so-called investigation committee, the participants in this fraud played it up by claiming that Alice immediately began suffering "depression, social withdrawal and weeping" after the alleged "touch on her waist." 

  By the way they kept emphasizing Alice's supposed emotional and psychological breakdown, one would think that she was alleging a rape or other sexual assault had occurred. This and so much else of what she and the nursing university claimed were so absurd and over-the-top, but with the nursing university administration controlling the whole situation, especially the investigation and decision processes, it didn't matter how ridiculous the things they claimed or what the evidence was I presented to refute them. It had already been set up that I was going down.

  Equally unfair and absurd was the fact that the nursing college could claim whatever they wanted about Alice's condition without any independent or verifiable proof - just they said it so it must be true - but any and all of my substantive evidence contradicting their claims, and the evidence from various sources of Alice's mental and emotional instability, were continually dismissed. Evidence supporting an allegation of sexual harassment as well as the credibility of the accuser, the process of investigating the claim, and the people involved in the investigation are paramount to making a correct, unbiased and untainted decision. The nursing university, and later the Taipei District Court, completely ignored all of this in their pursuit of injustice and protecting the interests of those involved.

分類：情感
2007/09/25 02:05

星期六跟雯去了追愛聯誼

北護同學們都笑我才21歲為何要去參加這種類似相親活動

其實我們去參加活動時也有大哥哥們不停問我們為何那麼年輕就想來參加這種活動

有一個姓孫的還要我們叫他孫叔叔...難道其他的比孫叔叔年紀大的就要叫大伯!

我和雯就快笑翻了

我懂你們說的我們還年輕 雖然是陪雯去的

但是我覺得這種聯誼比我們去的學校聯誼好耶

雖然裡面的男生是都年紀比我們大 但是他們個個都是優秀人才喔

也比較穩重 我不喜歡和我們年紀太相近的 你們懂我的

但這些大哥卻覺得我們不可能喜歡他們

他們也覺得年紀差太多會有太多代溝

雖然在裡面我對幾大哥有好感但我知道我們不可能

因為他們對我這個年輕人也不可能有感覺

雖然有點遺憾

但是如同他們說的我還年輕

年輕就是本錢

我沒必要現在就要找一個人來愛

既然他們對我沒有興趣

我何必這麼執著?

我愛他比他多 以後苦的可是我

我知道我是一投入感情就會把整顆心都給他的人

我知道這樣不好

所以我就必須用理智控制自己

Category: Emotions

Saturday, Wen went to the chase with the love of friendship
North nursing students laughed I was 21 years old why going to the same kind of blind date activities
In fact, we have to participate in activities brother buddy kept asking why we are so young want to participate in such activities
There is even a name, Sun Sun Shushu ... Do we call him other than the Sun Shushu older should call uncle!
I soon Wen Xiaofan
I know you say we are still young, although accompanied Wen to go
But I think this friendship to school than our friendship the good Lord
While inside the boys are older than us but they all are talented Oh
Is also more stable and I do not like us too close to your age, I know
But these Big Brother feel we can not like them
They also think big change will be much older generation gap
While there I have a crush on a few big brother but I know we can not
Because I feel this young man can not have
Although a little disappointed
But as they say I am still young
Young is the capital
I do not need now to find someone to love
Since they have no interest to me
Why should I so persistent?
I love him more than his bitter but I later
I know I am an emotional investment in it gave him the Zheng Kexin
I know this is not good
So I must use reason to control their own

但是對話中有幾個矕好玩的 

大伯們你應該說我們比較有先見之明來參加類似此活動

我想陳清的是

我們雖然是七年級但是我們不喜歡棒棒糖 我們也不喜歡pub

我們不是你們在報紙裡面看見的草莓族 或是你們公司裡的7年級不負責任工讀生

你們說看見我們好像看見未來有希望 但別說你們從來不知道7年級生有像我們優秀的

如同雯說的有些七年級的女生就像我們一樣只是你們沒遇到

我是不了解其他護理係之外的七年級  但我認為很多唸護理的女生都是很優秀的

願意放下自己樂於服務個案  所以請拿下對七年級的黑色標籤 

我中秋節回家 聽見范范的新歌很像唱出來我們的心聲

女生們別因怕孤單而隨便找一個人  你只有一個都是世界上獨一無二的

你們一定要愛自己.讓自己幸福因為你們值得

But the dialogue has several Man fun  
Uncle who you should say that we have more foresight to take part in activities similar to this
Chen Ching-I is
Although we are the seventh grade, but we do not like lollipops that we do not like pub
We are not there to see you in the newspaper strawberry or your company's 7-year time workers irresponsible
You see we seem to see the future that there is hope but you never know let alone the seventh grade students as we have good
Wen said as some of seventh grade girls just like us but you did not encounter
I do not know other than nursing a seven-year study nursing, but I think a lot of girls are very good
Willing to lay down their willingness to serve to win the case so make the black label on the seventh grade  
Fanfan I heard the song festival home like our voice to sing out
Girls do not for fear of loneliness and a random person you have only one unique in the world are
You must love yourself. Yourself because you deserve happiness

Surprise, Surprise! 國立臺北護理健康大學 Says "You're Not a Teacher!"

----- Original Message ----
From: 彭 向陽 <sypeng48@yahoo.com.tw>
To: Curt D <in8aqua@yahoo.com>
Sent: Tuesday, July 31, 2007 8:38:04 PM
Subject: Import about the appeal event

Dear Curtis:

   

   I was told that you are not under the protection or regulation of the Teacher' Law, for you are not a formal teacher employed though the University Law.  The explanation is revealed by the personnel office to the committee. Therefore, it is very unfavourable to you, you probably may not be relieved from the teacher appeal committee.  

  I talked to the lawyer, he said the alternative way is take an accusation.

  You'd better ask for judgement through the accusation and discuss with your lawyer, but not though appeal inside the  college. 

  I am sorry to inform you about this, for I never thought you are not suitable for the Teacher's 

law.  

                                                                                          Regards

                                                                                                Peng  7/31/2007

----- 原始信件 ----
寄件者： Curt D <in8aqua@yahoo.com>
收件者： 彭 向陽 sypeng48@yahoo.com.tw
寄件日期： 2007/7/31(星期二) 下午10:13:16
主　旨： Re: Import about the appeal event

Dear Dr. Peng,

  Although this is not good news, thank you just the same for alerting me promptly to this unfavorable revelation. It seems very "tricky" to me to only find out now...four years after I started at NTCN...that I may in fact not be considered a "regular" teacher covered under the Teacher's Law.
  When you say "the alternative way is take an accusation", do you mean that now I should seek "mediation" through the Council of Labor Affairs? Because, if I am not covered under the Teacher's Law then according to the staff I spoke to at the CLA then I am eligible for free mediation assistance through the CLA. I will speak to the lawyer Dr. Lin about this on Wednesday.
  No matter which "law" I'm covered by, the key point of what the school did wrong remains the same: They improperly decided not to renew my contract, first giving me notice my contract would be renewed by approving my Academic Year 2007-2008 schedule and giving it to me; second, they then changed their original decision without giving me proper notice...not informing me until June 27. Plus, there is still the matter of what Dr. Tsai did improperly to influence the committee to change their original decision on my contract renewal. Looks like it means I will have to pursue this through the CLA and mediation if the appeal committee agrees with NTCN's response.

Regards,
Curtis

----- Original Message ----
From: 彭 向陽 <sypeng48@yahoo.com.tw>
To: Curt D <in8aqua@yahoo.com>
Sent: Wednesday, August 1, 2007 11:37:48 AM
Subject: Re: Import about the appeal event

Dear Curtis:

  Because of the complicate rules about your employment at our college, and the college may never have experiences about managing the case like yours. Since the authority of our college is Min of Education, if the M of Edu. make sure (as the personnel office said) that your situation is not under the Teacher's Law, I don't know whether the mediation of CLA will be useful. 
  Please discuss with your lawyer, let him find the most advantageous way for you.
Be careful.

                                                                                 With regards

                                                                                          SY peng  8/1/2007

 

A Closer Look At Another Attorney's Exit

 After squabbling with me for months, and attempting to coerce me into quitting my lawsuit in front of the judge late last year, why did the most recent attorney finally jump ship? Frankly, I was surprised he didn't announce his resignation after I challenged his deplorable behavior in court last September, so when he did finally quit 2 weeks ago it was anticlimactic.

  What was the catalyst for his exit this time? These 2 documents that actually should not have played any part in the civil lawsuit or our latest dispute, but which nonetheless did:

  Here is the exchange of emails between my former attorney and I which explain the connection between these documents and the civil lawsuit and how the latest disagreement came about:

Wed, Feb 9, 2011 at 5:19 PM

Attny Tu,

  I have been in touch with the LAF and I have an appointment with them tomorrow to discuss the admin high court appeal and the extra fees for the civil case.
  In addition, I have been looking through all the documents in my court files and so far I have discovered one BIG problem. There is an important document the judge has left out of my files (please see attached Decision of the Shihlin District Prosecutor's Office).
  I personally handed a copy of the Shihlin prosecutor's office decision to the judge at the June 20, 2010 court hearing and it is inexcusable that he kept it out of my files. When the nursing university gave the judge a copy of the arrest warrant of August 21, 2009 (see attachment), the judge made sure he included it in my case files and when I gave him the prosecutor's decision he was also supposed to include that as part of my case files. The judge kept an unfavorable document in my files and when I was exonerated of the bogus and baseless allegations of defamation by the prosecutor (and the prosecutor also pointed out some problems with the nursing university's mistreatment of me), the judge left out the conclusion of the prosecutor's investigation which is favorable to me. This is another glaring example of the injustice continually perpetrated against me by the civil court.
  I would like an answer as to how you will handle this situation Attny Tu so that it is made right. The Shihlin prosecutor's decision belongs in my court files and the favorable judgments of the prosecutor should be included as part of my case against the nursing university...especially since the nursing university introduced their complaint and the arrest warrant they pushed against me to the civil court in another of their attempts to prevent a correct and favorable judgment in my civil lawsuit.
  I wonder (and am looking for) what other relevant documents and evidence in my favor are missing from my files. Have you ever checked  Attny Tu?

Wed, Feb 9, 2011 at 10:38 PM

Mr. D,

I made it for sure that the court files copied from Attorney Chen is exactly the same with those held by the judge. However, lawyers would not know why certain document was not included in the court files. As you say, generally the judge would keep all documents she/ he got in the court file and made it accessible to all parties and their lawyers. However, if there is some privacy concern for the parties or public interest concerns (such as an evidence used in an ongoing prosecution process), the judge has the authority to limit the accessibility of some documents in the court file. I am not sure whether there are such concerns in your case.

My suggestion is: if you do think the "missing" document really relevant and a key point to your case, you may submit it to the new judge again and explain the importance of it to her. But in my view, although the "non-indictment" decision proves your innocence in slandering the nursing university, it did not play a crucial role at all in your civil law case. You may consider about this.

regards,

Attorney Tu

Thu, Feb 10, 2011 at 12:00 AM

Attny Tu,

  Thank you for your explanation about what you know or speculate about the court files. Obviously, the court files are not exactly what Attorney Chen had in her hand, so at some point the prosecutor's decision was removed or it was never even put in my files in the district court.
  A judge is supposed to be an unbiased arbiter of the facts and evidence of a case and, in order to try and make a correct and legal decision, he/she is supposed to be balanced in his assessment of the available facts and evidence from both sides, not just one side. Obviously, since the judge accepted the arrest warrant and placed it in my files, he had decided the nursing university's complaint had some relevance to my civil case. Otherwise, he would not have accepted and retained the arrest warrant. There is no privacy concern applicable here because he had the unsealed arrest warrant in my files and, if he had any separate privacy concerns about the prosecutor's decision, he is allowed to seal the document before placing it in my files. I have already seen 2 or 3 documents in my files that were sealed. There is no explanation needed as to why the prosecutor's decision is supposed to be in my files. The presence of the arrest warrant in my files dictates that the prosecutor's decision must also be included in the files as balanced fact and evidence to the arrest warrant. If one is in my files, the other one must also be present. Otherwise, it is a clear indication of a bias in favor of the nursing university and against me.
  Please don't patronize me or make excuses for the judge. When you treat me in this manner Attny Tu it gives me increasing doubt as to who you are representing/defending in this case. I am aware you and my other attorneys have written many fine briefs to send to the judge, but I have yet to see any of you vigorously defend my case with your voices in court and challenge the biased and unfair treatment of me by the court. If not for my unwavering determination and strength to keep fighting for the truth and justice, this case would have already become another pitiful "Hsichih Trio" fiasco or like the recent news of the case of the military man who was wrongfully convicted and executed in 1997 when there was no evidence proving he committed the crime. Are these the examples of what you said is "evidence is what counts" in the courts in Taiwan rather than the truth? It's fortunate for me that I'm not accused of a capital crime in Taiwan or else I too could have ended up like the Hsichih Trio on death row for many years or worse dead and gone like the military man for a crime I never committed.
  I expect nothing less Attny Tu than to win this case because I have the truth and evidence on my side. I went to the LAF because I expected they would help me find an attorney who has the ability and skills to win this case. I expect nothing less from you or anyone who represents me.

Thu, Feb 10, 2011 at 12:45 AM

Mr. D,

I am too busy to patronize you. Since you ask me, you have my speculation about why the court did not include the "non-indictment decision" in the court file.
Besides, I do think even the above prosecutory decision were included in the court file, it would not change the final decision of your civil law case. Because they are different cases. If you insist it works, you may still submit it to the judge. No one would stop you.
As I have stated for many times, I agree you were unfairly treated by NTCN, for they kind of manipulate several procedures to hinder you from arguing your rights. However, there is always a gap between ideal and reality. Many factors would affect the final decision of the court: the endeavor made by your lawyers, the judge(s), and of course yourself. You or your previous lawyer made a bad decision in raising 2 suits at the same time, which made the administrative lawsuit moot. Additionally, the so-called harassment event happened just before your contract with NTCN ended. This made NTCN's dismissing you justifiable in the name of "non-tender". These are the procedural and substantial hurdles on the way to your justice. Including me, every lawyers working on your cases have put their energy in arguing every possible rights for you, to fight for your justice.
I cannot agree the way you treat your lawyers and terminate the mandate here. Good luck for finding another lawyer to defend for your justice.

regards,

Attorney Tu

The Government & Judiciary: Tools of The Connected & The Powerful in Taiwan

 To give you an idea of the dirty lengths some employers or others in Taiwan can go to try and stop you from seeking justice by suing them and exposing their wrongdoings to the public, take a look at my story of how the nursing university used the Shihlin prosecutor's office to intimidate and bully me for over 2 years - even chasing me all the way to Thailand where I had gone to work with a bogus arrest warrant pushed by the nursing university - until I finally prevailed in having their criminal complaint dismissed in May of 2010. 
 Go to: Taiwan: The Island of Injustice and Human Rights Abuses

An Injustice to One is An Injustice to All Of Us

  The February 12, 2011, edition of the Taipei Times has a very good editorial on the extent of injustice in Taiwan and the title neatly sums up the guiding principle in my fight against the nursing university, the Ministry of Education and even the civil court: "Injustice For One is Injustice for All."
  For those of us teaching or doing other work here, the ugly hands of injustice reach all the way into the schools or other places of business we work in - in my case I was seized in their black grip starting with the manipulated administrative procedures of the nursing university, the cover ups and covering for by the Ministry of Education, the tag team intimidation of the prosecutor's office & the nursing university for 2 years, and reaching all the way up to the district court level in my civil lawsuit against the school.
  Here's the Taipei Times editorial: Injustice for one is injustice for all

The Tally So Far After 3 Years: 5 Lawyers, 2 Judges and No Decision

  Late Wednesday night, during another "lively" email exchange of differing opinions on my civil lawsuit, my attorney ended his final reply by declaring "I cannot agree the way you treat your lawyers and terminate the mandate here," becoming the 4th lawyer in the 3 years of the lawsuit to quit. All of the lawyers were provided through the Legal Aid Foundation in Taipei. I wonder if this is a common occurrence for attorneys in Taiwan to just up and quit when the client doesn't always see eye-to-eye with them.
  So the "here today, gone tomorrow" tally in this saga stands at 5 lawyers (add one who was the first to take my administrative case and I requested he be replaced) and 2 judges since 2008. With each new lurch in this case, it becomes clearer there is something more going on than just a battle over a simple, baseless false accusation.
  There is still no word on a new judge or the next court hearing date...already going on 3 months since the last hearing and 5 months since the previous judge declared I had 2 choices: either drop my lawsuit before he issued a ruling, or lose the suit because the judge had already decided the defendants were not guilty of any of the charges. This he had decided without ever allowing me to testify and present my evidence in court, while allowing 2 of the defendants to testify, including the accuser who spent almost all 40+ minutes of her time playing the "crying game" in another of her and the nursing university's dirty tricks to obscure the truth and unduly influence the court.
  On Jan. 13, the administrative high court here dismissed my appeal of the nursing university's sexual harassment decision on "procedural" grounds, meaning they won't proceed to hear the facts of the case because it doesn't meet their criteria. The court claims it is still a matter for the nursing university to handle.

More Obstacles: 'Dinosaurs', Corruption and Taiwan's Weak Judicial Reform

  Even for the average Taiwanese, seeking redress through Taiwan's courts is a very daunting experience. For foreigners, it is all but "mission impossible" to achieve justice whether the plaintiff or defendant.

  In addition to the obstacles I've already pointed out in my own particular case, the inadequate state of Taiwan's judiciary due to a plethora of what are referred to locally as "dinosaur" judges, corruption from the top court down, and long-running procrastination on and stymieing of judicial reform are also serious impediments to justice here.

  Here is sampling of what the local press has been reporting in recent months about the Taiwan government's half-hearted and ineffective attempts at judicial reform:

Draft judges' law is still a 'dinosaur
Draft for anti-corruption bureau fails, for now
Justice system mustn't isolate itself: Ma
Ma offers support for judicial reform
Ma realizes importance of judicial reform

Trying To Halt Years of Injustice

  Here is a lengthy complaint I sent to Taiwan's Judicial Yuan in exasperation after enduring repeated indifference, bias, incompetence and just plain injustice for more than 3 years since this nightmare began. The nursing university, the Ministry of Education, the Taipei District Court...all of them doing their utmost to hinder and frustrate my efforts for the truth and vindication. 

  In addition, with president Ma Ying-jeou's and his government's alleged determination to initiate judicial reform, I wanted to use my case as a test of their real resolve to improve and clean up the woefully deficient judiciary here, especially where it concerns foreigners.

  

I sent both this original English version and a Chinese version translated (very roughly) by Google Translator.

  This is the Judicial Yuan's stock response which clearly fails to adequately address nearly all the points and questions I raised in my complaint. It illustrates quite well the nearly 4 years of bureaucratic indifference, run-around and even bias I have faced again and again in Taiwan.

Note: As of sometime last year, the school changed its name to the National Taiwan University of Nursing & Health Sciences.  

Back To The Control Yuan

  In my blog post of Sept. 24, 2010 Some Answers I mentioned letters I had received from the Taipei District Prosecutor's Office and the Control Yuan. The letters were in response to complaints I had filed against the nursing university. I filed the same complaint with each body. Here is an edited copy (because a certain former VP of the school is a serial lawsuit filer) of the complaint:

 

 Here is the Control Yuan's confirmation they had accepted my complaint and were going to investigate it:

  

Here We Go Again!

  On Thursday, January 6, I was in the Taipei district court building to find out when I could finish copying the files of my civil lawsuit case. Apparently the staff misunderstood my reason for being there and she proceeded to tell me (in Chinese) "you're judge is gone."
  I thought I might have misunderstood what she said, so I asked the security guard standing nearby if he could help me and ask what the staff meant by the judge was gone. After some discussion, the guard explained that (supposedly) the judge in my case had "retired" four days earlier and so a new judge would be assigned to my case. It was deja vu! Lightning struck twice!
  For the second time in 2-1/2 years, the judge will suddenly be replaced and at the same point in the case as the first time - when the judge was due to make/announce his decision. It's also the second time the judge will replaced after I filed one or more complaints against the judge, including one this time specifically asking that the judge either allow me to testify or be removed and replaced.

  Just a coincidence...2 times?

  Here is a an edited copy of the complaint (written in Chinese by the staff from my explanation of the problems) I filed with the Control Yuan on November 10, 2010:

  I'll post an English translation of this complaint as soon as I can get it, and I'll be posting more documents from this 3-1/2 year saga. You'll see more clearly what kind of experience I've been through having to navigate this nightmare in a foreign language in a foreign country. Case documents, court hearings, more than 95% of everything related to the lawsuit and the administrative appeal have been in Chinese, putting me at a grave and perpetual disadvantage. Mostly I've only managed to get very cursory explanations of the documents and little more than that of the court proceedings, even the few times that an interpreter was present.
  According to the Control Yuan staff, this complaint was sent to the Taipei District Court and normally the Control Yuan will get a response to a complaint within 2 months of the date it was filed.  
  Here is a letter I sent to the judge and the Judicial Yuan in October 2010 before filing the complaint with the Control Yuan:  http://pow3hatan-warrior4justice.blogspot.com/2010/10/documenting-my-numerous-requests-to.html
  I'd like for all the documents I share on this blog to be available with English translations, so if there are any of you reading who can help or you know someone who could help with translations, please send your translation to or contact me at jugger3naut@live.com