RUBINS v. LATVIA JUDGMENT
3
separation of powers between the University’s governing bodies (Senate
members should not be part of the executive body of the University); and
the granting of independence to the Senate (changing the remuneration
system so that the Rector did not unilaterally fix the remuneration of
members of the Senate). He asked the Rector to forward his proposals to the
members of the constituent assembly and to send him the email addresses of
those members or inform him where to find those contacts.
12. It appears that on 16 March 2010 the applicant expressed his
disagreement with the reorganisation at the meeting of the Senate of the
university which upheld the decision.
13. On 20 March 2010 the applicant sent an email to the Rector of the
University. The subject-line of the email read “Settlement agreement”. The
text of the email read as follows:
“To the Rector of the University .... Confidential
[1] Dear Rector,
[2] In view of the situation which has evolved and the advice of my lawyers and
supporters, I hereby propose the following settlement agreement.
[3] It would entail:
[4] Version 1
[5] You (the University) revoke all the orders and decisions of the Senate
concerning the abolition/merger of the Department of Dermatological and Venereal
Diseases. I for my part withdraw all my appeals, thereby restoring the situation as it
was before the decision of the Senate of 23 February 2010. Meanwhile the three
lecturers ... (all of them were recognised as plagiarists by a decision of the [Latvian
association of doctors]) who expressed their intention to move to the Department of
Infectious Diseases, are transferred to that Department. I have no objections if the
specialist ... who, it is common knowledge, is the mother of ...’s daughter, is
transferred to another post or fired. This month she did not spend a single day at
work in the Department of Dermatological and Venereal Diseases (presumably she
reports to ... or has been transferred to ... or another department, or maybe [she has]
submitted her resignation, I don’t know).
[6] Version 2. I, as a head of department elected until 2013, and after having
received a certain amount of compensation on which we would agree (for example,
LVL 100,000), as provided for by my agreement with the University, agree terms
with you, the dispute is terminated and I leave the post.
[7] Of course I understand that at the constituent assembly of the University you,
as Rector, can secure a decision that is favourable to you. However by this means
nothing would come to an end but would only start, as I reserve the right to appeal
against all the decision [adopted by] the University in the administrative, district and
regional courts, while of course making everything public beforehand and attracting
the attention of society.
[8] I do not believe that in an election year, taking into consideration the latest
news (the conclusion adopted by the State Audit Office on the illegalities at the
University, plagiarism on the part of lecturers and professors of the University etc.),
you would want to have additional tasks and trouble (nodarbošanos un
nepatikšanas).
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