I'm NOT a Teacher? - Cause For A Lawsuit Gains Momentum From Dr. Peng

----- 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: 2007/8/1(星期三) 下午5:26:26
主　旨: Talked to lawyer

Dear Dr. Peng,

  I spoke to Dr. Lin this morning and he said for me to just wait for the appeal committee's decision in writing. Then, he said probably the next step will be to pursue the contract non-renewal as a legal case. I understand the Council of Labor Affairs may not be very helpful in my case, but along with the legal case it might be a good idea to also submit my complaint documents to the CLA so they are aware of my case and that according to NTCN I am not covered under the Teacher's Law. I'll ask the lawyer about this next time.

Regards,
Curtis

 

Re: Talked to lawyer

 

FROM: 彭 向陽

TO: Curt D

Wednesday, August 1, 2007 5:29 PM

Dear Curtis:

  As my understanding, the appeal committee will be forced to following the indication of the M of Edu, that the non-regular teacher are not under the teacher's law, so your appeal case can't be accepted or managed by the committee.

  Please prepare for the next steps. If the status mentioned above will not happen, thus fine, we all hope so.  

                                                                                     Regards

                                                                                                SY Peng 8/1/2007

----- Original Message ----
From: 彭 向陽 <sypeng48@yahoo.com.tw>
To: Curt D <in8aqua@yahoo.com>
Sent: Saturday, August 4, 2007 12:04:05 AM
Subject: a news from the appeal committee

Dear Curtis:

   In response of your appeal letter to Minster of Education, a document sent to you from the Minister of Education declared that teacher employed by the particular plan is not fit to Teacher's Law. You might have received (or missed?) this document nearing the end of last month (not the one that you show to me).

  Therefore the Appeal committee of Teacher should turn your appeal back next Monday or Tuesday, because only the regular teacher is under this Law. You may not obtain any supports from the appeal committee, even if the committee of equal right for both gender make a conclusion benefit to you.

  You have to go to the law now. If you decided to, please discuss with your lawyer.

  

                                                                            Best Regards

                                                                                     Peng   8/3/2007 

Re: a news from the appeal committee

FROM: Curt D

TO: 彭 向陽

Friday, August 3, 2007 11:32 PM

Dear Dr. Peng,

  Thank you for the update on my contract appeal. Not good news...but I will push on and pursue the case according to the lawyer's recommendation after we talk. I must wait to receive the notification from the appeal committee of this decision before the lawyer can discuss the next plan. I did receive the document before from the MOE saying that NTCN responded to my first complaint letter by saying I am not covered under the Teacher's Law.
  Again, I can't thank you enough for all the help & advice you have given me...plus some needed encouragement to try and right the wrong the president and a few other bad people have done. Justice should be done.
  Have a nice weekend!

Regards,
Curtis 

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

 

Appealing The Contract Reversal III: Reply From The Committe Chairperson

 ----- 原始信件 ----
寄件者: Curt D <in8aqua@yahoo.com>
收件者: sypeng48@yahoo.com.tw
寄件日期: 2007/7/27(星期五) 下午6:51:50
主　旨: Fw: Contract Appeal Case

Hi Dr. Peng,

I just opened Dr. Pan's reply to my email. Could you translate the key points for me?

Regards,
Curtis

----- Forwarded Message ----
From: kaipan <kaipan@ntcn.edu.tw>
To: p3panther@ntcn.edu.tw
Cc: in8aqua@yahoo.com
Sent: Friday, July 27, 2007 6:35:40 PM
Subject: Re: Contract Appeal Case

Dear Curtis:

I am sorry for my explanation with English may not clear, so I have to write this mail with Chinese.

依照教師申訴的作業程序，委員會已收到您的申訴案件並持續處理中；
目前已去文學校，要求校方就您所提的疑問，提出校方的說明及理由。
校方回文的期限是八月二日。
接著委員會會就雙方的說明召開會議評定結果。
預計第一次開會的日期是八月中旬以前，我們希望能順利召集足夠的法定人數會並作出評議。
若有必要我們會再邀請您或您的代理人出席會議說明。
我們都很關心您的事件，也請相信本會會站在保障教師權益的立場，作出最有利老師的決議。
但法規規定有一定的開會程序及文書處理作業時效，所以本會必需本於中立的立場，在這件事件的處理程序上，讓校方與您兩方都享有應有的權利。
另外，上次您所附申訴表件中的附件六：有關「護理系蔡主任的e mail通知」，並未附在文件中，請您也儘快補上。
法定處理的程序會花費一些時間，也請 您諒解。

潘愷
07/27

a translation for Contract Appeal Case

FROM: 彭 向陽

TO: Curt D 
Monday, July 30, 2007 10:14 AM

Dear Curtis
 
Sorry for the delay. I do not read the e mail until this morning.

S Y Peng   7/30/2007

 
The letter from Dr Pan he wrote:

 
依照教師申訴的作業程序，委員會已收到您的申訴案件並持續處理中；
The Appeal Committee of Teacher has accepted your appeal form and the proceeding is going on, based on the standard operation procedure of the appeal committee.

目前已去文學校，要求校方就您所提的疑問，提出校方的說明及理由。
校方回文的期限是 八月二日 。

At present, we have asked the authority of the college to reply the questions you mentioned and give the explanation and reasons of their manages. The deadline will be Aug 2^nd.

接著委員會會就雙方的說明召開會議評定結果。

Then the committee will meeting to review and discuss on the documents presented by both, and make a judgment or conclusion

預計第一次開會的日期是八月中旬以前，我們希望能順利召集足夠的法定人數會並作出評議。
The nearest date of the meeting of the committee will be at the middle of Aug, we hope that the number of the attended committee will be on requirement. (over half of the total.) and make a judgment.

若有必要我們會再邀請您或您的代理人出席會議說明。
We will ask for the present of you or your representative if necessary.

我們都很關心您的事件，也請相信本會會站在保障教師權益的立場，作出最有利老師的決議。
We are all seriously caring about your event, please confide that the committee will protect the right and benefit of teacher, and make a most advantageous comment for the teacher.

但法規規定有一定的開會程序及文書處理作業時效，所以本會必需本於中立的立場，在這件事件的處理程序上，讓校方與您兩方都享有應有的權利。
We should be neutral on the management of this case. The regular procedure of the meeting and document reviewing should be followed legally, and the right of the both side should be equally be considered.

另外，上次您所附申訴表件中的附件六：有關「護理系蔡主任的e mail通知」，並未附在文件中，請您也儘快補上。
In addition, one of the accessories of your appeal form “the e mail announce from the chairman of Nursing Dept”is not included in the document, please complete it as soon as possible.
 
法定處理的程序會花費一些時間，也請 您諒解。

It takes time to go through all the legal proceedings of the management, please be patient and we hope for your understanding.

Appealing The Contract Reversal: Contacting the Appeal Committe Chaiperson

----- 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: 2007/7/12(星期四) 下午8:05:18
主　旨: Re: Important notice from NTCN

Dear Dr. Peng,

  Hi. My vacation has started out okay...except for this moment when I read your news about the committee & my document. I checked my mail and nothing from them so far. I feel they are being a lot of trouble and unfairly bothering me. In fact, they should be bothering the student to show some "undoubtable" proof of her accusation. I am VERY INNOCENT until proven guilty according to the law, and the burden of proof is on the student to prove something happened...not me to prove I'm innocent. I did nothing, so the student can not have any proof of something.

  Secondly, both of these ridiculously unfair and unfounded situations have already messed up my life for over 5 weeks now. Enough is enough. I'm entitled to try and live my life as anyone else and not be deprived of my rights. There is no reason for me to be sitting at home in Taipei waiting on them. I don't think any of them are suffering as I over this. I can’t let these situations take over my whole life...or for them to take over the lives of those like you who are helping me. I must still try to live life as I should too.

   I have already written an email to Ms. Yung hui asking her to confirm she received my documents and requesting she notify me if there are any more questions or necessary documents for me to submit.

  Thank you for your warning Dr. Peng.

Sincerely,

Curtis

Important notice from NTCN

 

FROM: 彭 向陽

TO: Curt D

Friday, July 13, 2007 11:15 AM

Dear Curtis:

  I got the envelop you mailed last night.

  The person who told me about the missing document is one of the member of the appeal committee where you sent the appeal form about the un-renew of the contract, not the Gender Equity meeting.

  As I was told privately this morning, you forget to put in the copy of the letter that Dr. Tsai of the Nursing Dept wrote by e mail to her colleague, I think it is an important evidence. You know I cannot send that copy for you. However the appeal committee will work on the event.

  Go on your happy vacation! You may turn to brown when you come back. 

  It is very very hot in Taipei! How about the beach you stay?

Regards

SY Peng  7/13/2007

address of the chairman

 

FROM: 彭 向陽

TO: Curt D

Thursday, July 26, 2007 10:15 AM

Hi Curtis:

This is the e mail address of Dr Pan, the chairman of the Appeal committee for Teacher:

kaipan@ntcn.edu.tw

You can ask him when will you get the answer of the appeal case.

Regards

Peng  7/26/2007

FROM: Curt D

TO: kaipan@ntcn.edu.tw  

BCC: sypeng48@yahoo.com.tw

Thursday, July 26, 2007 10:29 PM

----- Forwarded Message ----
From: Curt D <in8aqua@yahoo.com>
To: kaipan@ntcn.edu.tw
Sent: Thursday, July 26, 2007 5:05:44 PM
Subject: Appeal case

Dear Dr. Pan,

  Hello. My name is Curtis Diggs and you might remember that I am the foreign English teacher who recently appealed the Nursing College's decision to not renew my contract for next academic year. I would like to know what are the next steps in the appeal procedure I must follow. When should I expect to receive the appeal committee's decision?

  Thank you for your attention to this important matter.

Sincerely,

Curtis Diggs