dc.description.abstract | There are four ranks for the faculty within Taiwan higher education institutions: Lecturer, Assistant Professor, Associate Professor, and Full Professor. Promotion from one to the next involves a formal evaluation process of the applicant′s body of work. Disputes related to the evaluation process are not rare. Nonetheless the Ministry of Education announced that all higher education institutions will be fully delegated to conduct the evaluation process from September 2016 onwards. Pursuant to article 33 of Teachers’ Act, if the applicant believes having been wronged by the evaluation process, he has the options to lodge an appeal, a re-appeal, an administrative appeal or an administrative litigation. Based on the cases related to the evaluation process, the main purposes of this research are to analyze advantages and disadvantages of different route of remedies, make inferences from the commission’s and the court’s reasoning and recommend a roadmap for the remedies.
A chart of summary of arguments presented by the applicants and the reasoning of the Teachers′ Appeal Review Committee, the Administrative Appeal Review Committee and the administrative court is offered in the concluding chapter. According to this research, the author recommends the following roadmap for remedy. First, if the applicant chooses to wait for the reshuffle of a more friendly Teachers’ Review Committee or has financial concern, he might tread the longest remedial route:first going through an appeal, a re-appeal, an administrative appeal, and then resorting to an administrative litigation. Second, if the applicant wants to end the controversy as soon as possible, he could lodge an administrative appeal and then commence an administrative litigation. Finally, if the prospect of different routes is uncertain, he could choose to lodge an appeal, and then file a re-appeal or an administrative appeal depending on the surrounding circumstances.
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