Ethics Policies and Reconciliation Procedures for Bamboo in the Wind

The primary objectives and purposes of Bamboo in the Wind are to express, make accessible, and enact the wisdom and compassion of the Buddha. Our ideals are based on the example of the Buddha and guided by the teachings and lineage of the Soto School as conveyed to us by Dogen Zenji and Dainin Katagiri Roshi. Bamboo in the Wind values the essential non-duality of practice and awakening in the practice of Zen and the expression of the Sixteen Bodhisattva Precepts in our daily lives.

The Board of Directors has adopted the following ethical guidelines and grievance procedure. All supporters and active participants at Bamboo in the Wind are required to abide by these guidelines and may avail themselves of the formal grievance procedures. Anyone involved in the leadership of Bamboo in the Wind, such as members of the Board of Directors, officers, priests, temple officers, our Dharma Teacher and anyone acting in an instructional capacity, must conduct himself or herself in accordance with these guidelines.

THE SIXTEEN BODHISATTVA PRECEPTS
The Sixteen Bodhisattva Precepts are the most fundamental guidelines to our actions and relationships:

The Three Refuges
I take refuge in Buddha
I take refuge in Dharma
I take refuge in Sangha
The Three Pure Precepts
I vow to embrace and sustain right conduct
I vow to embrace and sustain all good
I vow to embrace and sustain all beings
The Ten Grave Precepts
A disciple of Buddha does not kill
A disciple of Buddha does not take what is not given
A disciple of Buddha does not misuse sexuality
A disciple of Buddha does not lie
A disciple of Buddha does not intoxicate mind or body of self or others
A disciple of Buddha does not slander
A disciple of Buddha does not praise self at the expense of others
A disciple of Buddha is not possessive of anything
A disciple of Buddha does not harbor ill will
A disciple of Buddha does not disparage the Three Treasures

MAINTAIN APPROPRIATE BEHAVIOR
Inappropriate behavior is harmful to others and to ourselves. We try to create an environment at Bamboo in the Wind where we can cultivate conscious and compassionate relationships and where members are supported to focus on practice, free from harsh or manipulative speech or actions, harassment and unwanted sexual or romantic attention.

MAINTAIN CONFIDENTIALITY AND MINDFUL SPEECH
The practice of mindful speech is a fundamental part of appropriate and ethical conduct. Among other things, it is important to refrain from harsh speech and gossip, and from talking to others about your private interviews with a teacher. To promote the learning and development of all, please safeguard information shared during study groups and other contexts where people may disclose personal information.

Spiritual direction is a central part of our practice. There is a right to confidentiality regarding what is said in dokusan or similar interviews. Teachers and leaders may share confidential disclosures with each other only to the extent required for consultation regarding practice and the well being of the Sangha. Personal details disclosed during interviews that are not relevant to practice or the well being of the Sangha may not be shared.

RELATIONSHIPS AND INTIMACY MUST BE APPROPRIATE
Everyone who comes to Bamboo in the Wind has the right to be free from sexual harassment. Sexual harassment may consist of unwelcome or offensive sexual advances, requests for sexual favors, or verbal or physical conduct of a sexual nature that is unwelcome. Continued expression of sexual interest directed at another Bamboo in the Wind Sangha member or visitor, after being informed that such interest is unwelcome, is considered a misuse of sexuality.

Anyone involved in an instructional or leadership position has heightened responsibility toward others and for creating a safe environment for practice, especially with regard to romantic or sexual relationships within the Sangha. Such relationships are fraught, have the potential to be disruptive for the Sangha, and should be entered into, if at all, thoughtfully and after consultation with other Sangha leaders or teachers. Teachers and leaders include the Dharma Teacher, priests, instructors, anyone in a position of formal authority, such as board members and officers, and the Temple Director, Tenzo, Work Leader and Ino.

Romantic and or sexual advances towards new members and visitors are particularly problematic, as the foundation of a practice is formed in the first weeks and months and can be seriously undermined or distorted under such circumstances. Because this area is so sensitive, Sangha members, teachers and leaders are not to express interest or engage in such behavior under any circumstances.

If the people involved in a romantic or sexual relationship are in a teacher-student relationship at Bamboo in the Wind, a choice must be made between pursuing the personal relationship or continuing the teacher-student relationship. The EAR Committee may be consulted in this decision-making process. A resolution should be achieved with as little delay and as much openness and transparency as possible.

Outside the Sangha, priests, Dharma teachers, and transmitted teachers are expected to uphold the highest standards of integrity in all personal relationships.

NONDISCRIMINATION POLICY
Any disrespectful, discriminatory, or preferential treatment of others on the basis of race, gender, sexual orientation, gender identity, marital status, age, disability, income, political views, religion, ethnicity, or national origin is a violation of the Bamboo in the Wind ethical guidelines.

CONFLICTS OF INTEREST
Teachers and leaders have a responsibility to anticipate and avoid potential conflicts of interest. Matters of a financial nature among members of the Sangha should be engaged in with open hearts and clear heads. Leaders must perform their responsibilities on behalf of Bamboo in the Wind and administer its finances in a fiduciary manner, without personal gain, taking for one’s self an opportunity that belongs to Bamboo in the Wind, or exploitation at the expense of Bamboo in the Wind.

PROFESSIONAL CONFLICTS
Mental health professionals, and those in the helping professions, are asked to be sensitive to the possible complexity of dual relationships that may arise when both parties practice at Bamboo in the Wind. Teachers, psychotherapists and priests are expected to abide by the ethical codes of their professions.

ETHICS AND RECONCILIATION COMMITTEE AND PROCEDURES
Disagreements, conflicts, misunderstandings and unethical behavior may occur in the course of Sangha activities. Sangha members are strongly encouraged to approach one another to discuss conflicts and ethical concerns. If direct discussion is not comfortable or successful, the Ethics and Reconciliation (“EAR”) Committee is available to assist in resolving conflicts, in reconciling Sangha members with each other and with the Sangha and to recommend disciplinary action to the Board of Directors.

The Board of Directors has established the EAR Committee as a standing committee to assist in resolving conflicts, clarifying ethical issues and responding to allegations of misconduct. The number of members and the membership of the EAR Committee are determined by the Board, and members are appointed by consensus. Tenure is for one year and may be renewed for up to three years. After an absence from the EAR Committee for a year, a person may be reappointed. Members of the Board of Directors may not be members of the EAR Committee. The names of the EAR Committee members are posted on the Bamboo in the Wind website.

In the event that a matter involves either: (i) an allegation that a member of the EAR Committee has acted inappropriately or in violation of these guidelines, or (ii) an allegation brought by a member of the EAR Committee, any such member(s) shall be recused from any meetings of the EAR Committee involving such allegation and shall not influence, or attempt to influence, the outcome of such hearing. Notwithstanding the foregoing, any such member of the EAR Committee may address the EAR Committee at the request of the EAR Committee or, if bringing an allegation, as part of the normal process for pursuing such allegation.

Any member of the Sangha may bring ethical concerns or interpersonal conflicts to a member of the EAR Committee for informal consultation, support or advice if direct discussion with the person involved is impossible, unwise, or has been unsuccessful at reaching resolution. Often a meeting with a single member of the EAR Committee will prove helpful. This can be an opportunity to air a concern and clarify matters. There may be a need for additional consultation, including discussions among the full Committee. This can be mapped out with the EAR Committee member.

Informal Resolution
A direct conversation between Sangha members regarding a conflict or ethical concern is usually the best way to resolve an issue. When it is not possible, Sangha members should bring their concerns to a member of the EAR Committee. If the matter can be brought to a satisfactory conclusion through an informal process, this will be the end of the matter. If the matter cannot be resolved informally, or for serious concerns, a process has been developed outlined below as the “Formal Procedure.”

There are many possible informal approaches to a complaint. Healing and reconciliation is the goal, although all parties cannot always be satisfied. It may be useful to invite one or more EAR Committee members as neutral witnesses or facilitators to take part in face-to-face conflict resolution. EAR Committee members may be silent witnesses or may be mediators who help promote effective communication and mutual understanding. The parties may together choose to involve a mutually agreeable third party, for example a neutral acquaintance, or someone who is a trained mediator.

If informal resolution is not possible or the best way forward, or if informal efforts have not resulted in a satisfactory resolution, the matter may be brought to the attention of the entire EAR Committee for the formal process as described next.

Anyone aware of the following matters that occur at Bamboo in the Wind or that occur in connection with a teacher’s or leader’s performance of his or her responsibilities should bring them to the EAR Committee immediately to be addressed in accordance with formal procedures: misappropriation of funds, gross and harmful incompetence in leadership or teaching, abusive behavior, harassment, inappropriate sexual conduct between a teacher and a member of the Sangha, any illegal misconduct by anyone in a teaching or leadership position, or anything that a therapist or minister would be mandated by law to report, such as suspected abuse or neglect of a child, an elder or a disabled person.

Formal Procedure
A formal grievance procedure is available when informal attempts at reconciliation have not worked or are inappropriate. Serious ethical violations as determined through such proceedings may necessitate interventions, possibly including a recommendation by the EAR Committee to the Board of Directors, which may result in sanctions including expulsion from the Sangha or dismissal from leadership or teaching within Bamboo in the Wind.

The EAR Committee is responsible for determining whether alleged misconduct has occurred, and any recommended consequences. In those cases their recommendation is forwarded to the Board of Directors for action.

Any complaint to the EAR Committee under this formal grievance procedure must be made in writing. It may be given to any member of the EAR Committee. Anyone who registers a complaint with the EAR Committee should be given a copy of this document, along with a written acknowledgment of receipt of the complaint.

The complaint should describe in appropriate detail the alleged behavior, a history of any attempts to resolve the complaint informally, and a general statement about the desired resolution. The EAR Committee may request additional information to supplement the complaint. The complaint and related documents will be retained by the EAR Committee for such period as it considers appropriate. The EAR Committee may meet with the Sangha members directly involved in the matter giving rise to the complaint, as well as other persons who may be able to provide information regarding the matter, either separately and/or all together, as deemed appropriate or necessary by the EAR Committee.

The EAR Committee should respond to the person who has registered the complaint in writing within a month after receipt of the complaint, if reasonably possible, with a statement of its decision and the reason(s) for the decision.

The possible responses include, but are not limited to, one or more of the following: a finding of no breach, a recommendation that the parties seek a mediated resolution with the help of a trained neutral prior to or in lieu of a decision by the EAR Committee, a limited finding acknowledging some breach and forwarding this to an appropriate second party, a reversal of an administrative decision or action, a private and mediated apology, a private reprimand, follow-up meetings with affected parties, a public apology, public censure, reparation when possible, a recommendation for psychological counseling or similar program, a period of probation, suspension or dismissal.

Certain ethical transgressions may result in sanctions that involve the individual’s spiritual path. While the EAR Committee may recommend such sanctions, the decision regarding whether such sanctions are to be imposed rests solely with the individual’s teacher. These sanctions are: 1. Retaking of the precepts, with appropriate accompanying repentance practice, and 2. for persons with priest ordinations, relinquishment of the ordination and okesa. In each case, the teacher responsible for giving the precepts or ordaining the individual would be solely responsible for
determining whether such a sanction is warranted.

Anyone may appeal the EAR Committee’s decision to the Board of Directors. In considering an appeal, the Board of Directors is expected to work from an assumption that the EAR Committee has acted in good faith and with due diligence, and should not lightly overturn the findings of the EAR Committee. This right of appeal does not apply if the EAR Committee has already involved the Board of Directors in the decision making process, and the parties have had an opportunity to directly address their concerns to the Board, either in writing or in person

Bamboo in the Wind Ethics Policy – May 23, 2014 Approved