2010
After finalizing his master’s degree from Indiana University, Bloomington, Yung-Kai Lu attended the University of Utah with a full scholarship, and with the added benefit of a graduate assistant position, in order to pursue his doctoral degree in music performance. However, in May 2011, eight faculty and staff members terminated both his right of employment and his right to an education.
From
2011 to 2013, Vice President of Student Affairs, Lori
McDonald, led
nine defendants to falsely document that
Lu had some criminal charges and mental disorder in his immigration records.
Therefore, they planned to
deport Lu back to Taiwan and terminated his scholarship and graduate
position.
February 2011
Yung-Kai
Lu filed a complaint to Miguel Chuaqui, Director
of the
Composition Department, to
the effect that he, Andy Lu, was working in
a hostile environment because his colleague George Marie had deceived him when
he worked
on a new composition for Lu to perform at a
conference. Lu reported to Chuaqui that
Marie never contacted Lu and
that he, Chuaqui, was
not willing to write - and
hand to Lu - a piece
of music of poor quality
and few measures. Andy Lu
complained to Chuaqui that it
was racist for him to be treated in such an unprofessional manner.
April 2011
Yung-Kai
Lu received news from
his professor, Donn
Schaefer, that
he was not
on the assistant award list and
that he was therefore requested to
transfer, this was despite the fact that the deadline for applying to other
universities had already passed. Lu
filed an immediate complaint to the Director
Robert Baldwin stating that
he did not have an assistant
position to help
him continue
his studies and requesting that Baldwin investigate
the matter.
May 2011
Yung-Kai
Lu met with
Robert Baldwin to discuss the
reasons for his losing his
scholarship as
a result of Chuaqui’s actions
against him. Baldwin
did not want to challenge Chuaqui’s false
accusation against Lu and also asked Lu
to transfer.
Between
May 2011 to August 2011, Lu started filing complaints
about his mistreatment by his faculties and colleagues on campus. During
this period, he was
monitored by police wherever he went without just reason
or cause.
August 2011
Yung-Kai
Lu met the head of graduate school Charles Wight who
promised to
handle the loss of Lu’s scholarship. However, Wight acted
to Lu’s detriment by
asking Lori McDonald, Assistant
Director of Student Affairs to have
Lu deported.
In late August 2011, Yung-Kai Lu met with Lori McDonald, Ryan Randall, a social worker and student behavior specialist, and Chalimar Swain, Assistant Director of International Studies.
At this meeting, McDonald misrepresented herself as being of sufficiently high authority to enable her to handle Lu’s two complaints. She restricted Lu from filing further complaints regarding harassment by school authorities and asked for documentary evidence substantiating claims against Lu.
Lori McDonald then urged immigration officer Todd McWhorter in Salt Lake to contact the US embassy in Taiwan and instructed them not to grant Lu a re-entry visa back to the States. Social worker Ryan Randall misused his license to diagnose Lu's mental health and reported that Lu was mentally unstable and caused campus security problems.
It was an attempt at extortion, by Swain and McDonald, to demand that Lu pay full tuition in exchange for the freedom to remain in the US
December 2012
Yung-Kai Lu filed the first internal
complaint. Both university
auditors Charles Piele and Michael G. Goodrich found some mistakes,
but were not willing to ask McDonald to correct them.
October 2013
Yung-Kai Lu
filed his first lawsuit of for breach of contract
and defamation
of character
to Utah’s Federal Court. In this lawsuit, the Court affirmed all his
allegations and proved that Lu had an oral promise to promote his position from Professor Schaefer.
Yet, the judge refused to count this oral promise as a term
of the contract.
All the wrongdoings suffered by Lu could
have been addressed by the court but no tangible action was taken on his behalf
at that time due to the Governmental
Immunity Act of Utah. Meanwhile, Lu applied to the Taiwan Relation Acts to
ensure his equal right to sue, but Utah State Attorney Kyle Kaiser disapproved of
this and
supported the claims of
the People’s Republic of China that
Taiwan was its
territory so Lu has no equal right to sue and therefore could
not claim his damages. Thus, this evidence proved that he had been a victim of
discrimination due to the political
situation.
February
2016
Through the first lawsuit, Lu was also approved
to obtain his job performance letter in February
2016, a letter that
he had been
asking for since
he was in Utah in 2011.
Yung-Kai
Lu's job performance letter contained untruthful and negative information by
his supervisor Mike Cottle, preventing him from
being hired
permanently. Moreover, this letter revealed evidence that Cottle blamed Lu,
describing him as a
very poor worker and he stated he did not like Lu to work for him because his cultural background.
His student record documented that
Lori McDonald had personally
dismissed him from university programs after Lu left the US.
His student record also documented that Social worker Ryall
Randall had multiple false diagnose activities to exam Yung-Kai’s mental
disorder whenever Ryan Randall met Yung-Kai Lu.
Despite Lu being
back in Taiwan, the University
of Utah released negative information the University of North Dakota when Lu
planned to transfer there in 2012. This
proved that all parties had prevented
Lu transferring to
and/or working at other
universities, even
though he was in
Taiwan. This
was when Lu had the bright idea to sue on the basis of
employment discrimination, according to the
1964 civil rights acts, and he
filed this lawsuit
against the University
of Utah in
2015.
March 2018
The Court dismissed the case because Lu did not file the claim in a timely manner - within the 300-day limit, despite the fact that the 1964 statutes actually allow for a five-year limit on claims. The court failed to realize Lu was prevented from filing the EEOC claim.
October 2019
Yung-Kai Lu received court order to deny his appeal of
his EEOC claim.
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