Controversial Dismissals of Foreign Teachers in Japan
From: Philip Brown
Brown.113@osu.edu
There has been much discussion on several e-mail lists concerning
controversial issues surrounding the dismissal of foreign teachers in Japan.
A copy of the latest such post (to the Dead Fukuzawa Society) follows. In
this case the complaint seems to have the backing of the University
professor's union. Not all cases have received this kind of support.
I am curious to know from our Japanese colleagues if these kinds of cases
are receiving much publicity in 1) the Japanese language press or 2) in
publications and newsletters for college and university teachers in Japan.
Some of these cases have received attention in the English language press in
Japan, but I would like to get some sense about how broadly these cases are
known and how broadly people feel they represent a serious problem.
Thank you very much for your comments.
Philip Brown
Editor, H-Japan
Brown.113@osu.edu
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Dear DFSers:
Scott North kindly posted on my behalf AN APPEAL BY THE UNION OF HOKURIKU
UNIVERSITY TO SIGN A PETITION AGAINST THE DISMISSAL OF A FOREIGN
INSTRUCTOR. I would like to provide some additional details about the
matter:
In mid-September 1994, I faced a decision that is familiar to many
long-term residents of Japan. I could continue to collect a fairly decent
salary as a lecturer at Hokuriku University by not rocking the boat and
continuing to teach English courses, or, I could step up my persistence
that I teach the International Relations courses which were promised to me
when I interviewed for the job in 1992. I chose the latter course and I am
now being wrongfully dismissed without just cause.
I was hired through an introduction from the former First Secretary of
Cultural Affairs at the American Embassy in Tokyo, Mr. Charles Walsh. Mr.
Walsh, as he has attested in an affidavit to the court, was clearly told by
the Chairman of Hokuriku University, Mr. Yoshiro Kitamoto, that the
university was looking for an American with a Master's degree in
International Relations (IR) to teach courses in IR and language courses. I
fit that description and I was introduced. Mr. Walsh also attested that I
made clear that my work at the University would be to teach IR courses in
English - and not English courses - since I had no intention of moving my
family and resigning my job in Tokyo to come to Kanazawa to be an English
teacher. Until after I started working here, no indication was ever given
to me that the promise he made would not be fulfilled .
>From October 1992 until September 1994, I dutifully taught English courses,
organized a Model United Nations club, and requested to be assigned to the
Kokusai Kankei Ron (International Relations) course. Further, I proposed
courses in Human Rights, Peace Studies, United Nations and Japan-US
Relations. These were well received but no action was taken to permit me to
teach the courses. Thus, in September 1994, I asked that a clause be added
to my contract stating that half the courses I teach would be International
Relations courses. A clause was added that stated only that my speciality
is International Relations, but I still was not allocated IR courses.
The university's reasoning that I should not teach IR courses is simple and
has been stated upon many occasions: IR courses are too important to be
taught in any language besides Japanese. While my speaking ability in
Japanese is not sufficient to lecture students on the subject, it is
sufficient to utilize many Japanese language articles as I have done in my
courses. Further, my classes are group-based discussions - not
lecture-based - to students majoring in English. Prof. Okano, one of my
colleagues, and I suggested to the President that students be allowed to
take courses both from me (in English and Japanese) and the Dean (in
Japanese) so that they could learn various perspectives. The President
supported this concept, but the Dean does not. Lastly, the
Japanese-language-only obstacle proves illusory since there are other
foreign teachers here who are relatively fluent in Japanese but who are
also denied content-based courses.
In 1995, I again requested Kokusai Kankei Ron and Kokusai Kikou Ron
(International Organization) and I was assigned by the administration to
these courses. In fact, I was the only teacher who requested the latter
course. On 19 December, I asked the administrator in charge of negotiating
my contract, Mr. Nishitani, his interpretation of the contract regarding
teaching IR courses, and he said that the contract is understood to mean
that I should teach IR courses. Thus, I signed my contract at the
conclusion of that meeting.
On 20 December, I was informed that I would teach neither Kokusai Kankei
Ron and Kokusai Kiko Ron. I went to the office to make an appointment with
Mr. Nishitani. I told the clerk that I wanted to speak with him because I
needed his help in fulfilling my contract. During this exchange, I
allegedly stated that I wanted to cancel my contract. I never said these
words since it is absurd to suggest that I would simultaneously ask for my
contract to be canceled while asking for it to be fulfilled.
On 27 December, I received a registered letter of dismissal effective 31
March 1996. In the letter, the reason given was that I said I wished to
cancel my contract and that the university did not like my attitude. I was
quite shocked, since the university had made no effort to contact me prior
to delivering the letter.
When the university reopened on 5 January, I contacted Mr. Nishitani and
explained that I wanted to meet with him about this matter. We met on 6
January and I explained that I wanted a letter that would retract the
dismissal letter and we would let the matter pass as a misunderstanding.
The administration refused. I then took the matter up with the union and
with an attorney. Negotiations were fruitless. Thus, I have filed a lawsuit
to get a temporary court order that will require that I continue to be
employed from 1 April. The first court hearing was held 1 March and neither
the defendant nor his attorneys appeared. My attorney presented my case,
which verifies beyond any doubt that I was hired to teach International
Relations courses, that I have been a good teacher (based on student
evaluations and letters of support), and that the faculty's responsibility
to allocate courses was circumvented by the Dean. On 21 March, a second
hearing will be held. There, I am confident that the court will issue a
temporary order to continue my employment; however, the court may not have
the power to allow me to continue teaching. Thus, pressure from the
community is important for me to stay in the classroom.
I am not the first employee (non-Japanese or Japanese) at this university
to have promises made to him or her, only to have them broken. Working
conditions and worker's morale at Hokuriku University have deteriorated so
greatly that a union was formed last year. The legal question at hand is
whether Hokuriku University has the right to dismiss an employee at any
time (in mid-contract) for no justifiable reason. Since I have broken
neither a law of Japan nor a rule of the university, I have not given them
any just cause to dismiss me. If they can dismiss me, they can dismiss any
employee in a similar fashion. Furthermore, if Hokuriku University can do
this, then what is there to prevent other teachers from facing the same
fate?
I appreciate support from the academic community in Japan and abroad
regarding this matter. I believe that gaiatsu (pressure from outside) will
be effective in changing this situation: sunlight is the best disinfectant.
I wish to note that I have tried every step of the way to pursue nemawashi
(consulting intermediaries) and to save the university from embarassment by
trying to find a resolution to this matter without legal recourse. My
entreaties have been unanswered. If readers have any questions or wish
further information about this matter, please feel free to contact me.
Scott Olinger
348-1 Okuwa machi ka
Kanazawa-shi 920
Home TEL/FAX: +81-762-62-9851
Work TEL: +81-762-29-1161x766
e-mail: solinger@gol.com
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End of H-Japan Message