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https://www.google.com/search?q=retraum ... lz=1C1GCEA enUS790US790&oq=ret raumatization&aqs=chrome.5.69i59j69i57j014.1184Sj0j8&sourceid=chrome&ie=UTF-8 (Accessed on 1/24/19).
Center for Substance Abuse Treatment (US). 2014. Trauma Informed Care in Behavior Health Services. 2014. Treatment Improvement Protocol (TIP) Series, No. 57. Rockville (MD): Substance Abuse and Mental Health Services Administration.
https://www.ncbi.nlm.nih.gov/books/NBK207195/ (Accessed on 1/24/19).
Charmaz, K. 2006. Constructing grounded theory: A practical guide through qualitative analysis. London: Sage.
Corbin, J. & Strauss, A. 2008. Basics of Qualitative Research, 3rd Ed. Los Angeles: Sage.
Denzin, N. & Lincoln, Y. 1998. The art and politics of interpretation. In N.K. Denzin & Y. Lincoln (Eds.), Collecting and interpreting qualitative materials (pp. 275-281). Thousand Oaks, CA: Sage.
Doob, D. 1992. Female sexual abuse survivors as patients: Avoiding retraumatization. Archives of Psychiatric Nursing, 6(4): 25-251; March 19-23.
Lincoln, Y. & Guba, E. 1985. Naturalistic inquiry. Beverly Hills, CA: Sage.
Appendix 1: July 19, 2018 An Olive Branch Letter to Shambhala CommunityAn Olive Branch
A project of the Zen Center of Pittsburgh
July 19, 2018
Dear Members of the Shambhala Community,
We are writing this letter to introduce ourselves and announce that Shambhala’s Kalapa Council has engaged the services of An Olive Branch to support the sangha’s healing and reconciliation in the wake of complaints raised about ethical misconduct on the part of Sakyong Mipham Rinpoche and others within the community. We also want you to know about the ways you can be involved in our work if you so choose.
About An Olive BranchAn Olive Branch was formed in 2011 as a project of the Zen Center of Pittsburgh. Growing out of the need for greater understanding and reduction of ethical misconduct on the part of religious leaders, we provide services to organizations in conflict after a beloved teacher has been accused of misconduct. We promote understanding and healing and work to strengthen organizations’ boards and policies to reduce the likelihood of future misconduct. We have expertise, knowledge of best practices, and standards of excellence for our services. Our consultants have complementary skills related to training, facilitation, governance, and intervention.
Please see our website,
http://www.an-olive-branch.org, for our white paper on Clergy Sexual Misconduct and the Misuse of Power, a webinar series on Ethics in American Buddhist Groups, and other resources.
Questions about this project or about An Olive Branch may be directed to me, Katheryn Wiedman, Co-Director of An Olive Branch and Project Director for the Shambhala project:
katheryn@an-olive-branch.orgTimelineEarlier this year, a member of the Kalapa Council contacted An Olive Branch to inquire about our services and ask how we could help with publicly claims of sexual misconduct within the community.
In Boulder, CO on June 23, 2018 a Kalapa Council task group met with co-directors of An Olive Branch, Dr. Katheryn Wiedman and Leslie Hospodar. The purpose of the meeting was two-fold:
1. For the Council members to describe the organization’s needs and to ask questions about our services and
2. For An Olive Branch to learn more about the situation within Shambhala and to determine the appropriate services to include in a proposal.
During the following week, An Olive Branch developed an agreement that was accepted by the outgoing Shambhala Kalapa Council on July 5, 2018. They believe, as we do, that our work with Shambhala will be important to the community’s healing. Although the Council members are stepping down, we are beginning our work now while the leadership transition is underway. The agreement includes the following elements:
1. Drafting a new ethics policy and grievance procedure
2. Providing a “Listening Post” and “Advocacy Service”
3. Providing training on the abuse of power for the Shambhala Interim Board
4. Facilitating a planning session for the Shambhala Interim Board
5. Facilitating regional communication meetings
6. Working to promote reconciliation within the community.
As an individual member, two of the elements listed above are of importance to you at this time because they involve your participation. They are the subject of the remainder of this letter:
New Ethics Policy and Grievance Procedure
Listening Post and Advocate for Reporters of Harm.
New Ethics Policy and Grievance ProcedureOver the past months, the Kalapa Council has received a range of comments from people in the community including that the existing “Shambhala Care and Conduct” policy and its procedures for filing a complaint are not conducive to filing reports of ethical misconduct. In response, the Kalapa Council empaneled a task force to develop a more specific sexual misconduct policy and established a timeline for drafting, seeking input, and adopting this policy.
In light of the urgency raised by recent allegations, An Olive Branch offered to draft a new Shambhala ethics policy and grievance procedure for review by the task force. Our advice is based on best practices for organizational ethics policies that define acceptable/unacceptable behavior for teachers and members and specifies fair grievance procedures. We will be working with Shambhala representatives to review/revise the draft to ensure that it reflects both Shambhala’s aspirations for a new culture of responsibility and today’s ethical standards. When the new ethics policy and grievance procedure are adopted, all Office Holders will be required to comply with it and signify their understanding by signing an Oath of Understanding and Adherence.
Developing a new ethics policy and grievance procedure is the first order of business in our work with Shambhala because these documents will establish clear ethical expectations for everyone in the community and provide simple and well-defined steps to follow for people who have grievances. Work on these documents is now underway.
Listening Post and Advocacy ServiceOnce the new ethics policy and grievance procedure are in place, An Olive Branch will offer a Listening Post for individuals who want to report sexual or physical misconduct. The Listening Post will provide a way for them to tell their story to a neutral third party and to be heard in a safe, compassionate, and confidential manner. The Listening Post will also be available to any current or past Shambhala members who have regrets about contributing to such misconduct directly or indirectly (e.g., severe stress or guilt from witnessing abuse but not stopping it or reporting it). Priority for the Listening Post will be given to Shambhala members who have experienced either of these types of harm.
The Listening Post has three objectives:
1. First and foremost, provide some measure of relief to people who are suffering because of sexual or physical misconduct by a Shambhala leader;
2. Help these reporters of harm formulate any requests they would like to Introduction to the Shambhala Community
3. Expose the full extent of damage to the fabric of the sangha from sexual and physical misconduct.
To accomplish the third objective, a summary of the information collected via the Listening Post will be reported to the Shambhala Interim Board and later to the community. Reporters of harm have the right to remain anonymous; both An Olive Branch and the Shambhala Interim Board respect this right. Names and identifying details of the reporters of harm will be carefully omitted from all reporting unless an individual reporter requests to be identified.
Any reporters of harm who wish to also report their experience to the independent investigators hired by Shambhala and/or to use the revised grievance procedure to resolve their claims will be directed to these processes respectively.
In addition, An Olive Branch will offer an Advocacy Service for reporters of harm who want help in following the new grievance procedure or participating in the investigation. The Advocate will support these individuals in using the grievance procedure but cannot provide legal representation.
What’s NextAn Olive Branch will communicate additional information and instructions on how to contact the Listening Post as soon as the new ethics policy and grievance procedure are in place. We expect that the Listening Post will begin in early September, once the new ethics policy and grievance procedure are approved.
Work on the other elements of the agreement will commence once the new Shambhala Interim Board is seated. Throughout the project, we will be in close communication with you as work on each element proceeds.
Underlying our work with the Shambhala community is the intent to create a new culture of physical safety and psychological health. We believe that through working together with open hearts and minds everyone can learn from this situation, strengthen Shambhala’s collective spirit, and promote equanimity.
Katheryn D. Wiedman, Ph.D.
Project Director
Co-director of An Olive Branch
katheryn@an-olive-branch.orgAppendix 2: Sept. 3, 2018 An Olive Branch Letter to Shambhala CommunityAn Olive Branch
A project of the Zen Center of Pittsburgh
September 3, 2018
Dear Shambhala Community:
Starting on September 4, 2018, An Olive Branch began offering a Listening Post for current or past Shambhala members to report harm suffered because of sexual misconduct by Shambhala teachers and office holders. The purpose of the Listening Post is to enable any current or past Shambhala member who would like to confidentially report sexual abuse to do so in a safe and supportive context. Because experiencing and reporting harm is typically traumatic, we understand that reporters may be at different points in processing their experience. If you choose to report, we will respond to your individual needs and try to ensure that you always feel in control of the process.
After the Listening Post closes, An Olive Branch will prepare an anonymous summary of the reports of harm we received. This report will be given to the Interim Board of Directors and shared with the Shambhala community.
An Olive Branch is a neutral third party organization, independent from Shambhala, that assists reporters of harm by: 1) listening to reports of harm in an affirming and non-judgmental way; 2) offering support and encouragement to reporters; 3) helping reporters decide what, if any, actions they would like to take or any requests they would like to make of Shambhala; 4) identifying options available to reporters (such as filing a grievance or speaking to the independent investigator); and 5) serving, on request, as an advocate for reporters if they choose to take their complaint forward.
Reporters of harm have several options for action: These options are detailed in Figure 1 below and vary depending on the time period in which the harm occurred. For example, if you experienced harm between January 1, 2002 and September 1, 2018, you have three options:
• First, you may speak to the Listening Post for support or you may submit a written report of harm if you prefer. Unless it is extended, we expect the Listening Post to continue until December 31, 2018.
• Second, regardless of whether you speak to the Listening Post, you may speak to the independent law firm (Wickwire Holm) investigating misconduct within Shambhala. Unless it is extended, the investigation will be open until October 31, 2018.
• Third, you may also file a grievance under the Care and Conduct Policy adopted by Shambhala in 2002. If you would like an advocate from An Olive Branch to work with you during this process, one will be provided.
If you experienced harm prior to 2002, you may contact the Listening Post and/or Wickwire Holm. A separate process to address these complaints of harm is currently being developed because they predate the 2002 Care and Conduct Policy. Reports of harm that occur after September 1, 2018 will fall under the new Code of Conduct soon to be approved by the outgoing Kalapa Council. Shambhala will send a separate communication about this new Code of Conduct as soon as it is approved.
For reporters who wish to converse in a language other than English, special arrangements for you to do so will be made. Please indicate your language preference in parentheses, e.g. (German) when you first contact us.
If you would like to report harm, please contact us at:
ListeningPost@an-olive-branch.org. Please provide your name, email address and/or telephone number, and country or time zone. All information shared with the Listening Post will be kept strictly confidential unless you, as the reporter, direct us to share it with others.
We are aware that some people who have been harmed have already left Shambhala. If you know of someone like this, will you please forward our letter to them?
While we deeply regret that it is necessary to create a Listening Post at all, we are committed to offering a safe space for anyone who has experienced harm to be heard, pursue redress, if desired, and take another step in their healing journey.
Sincerely,
Dr. Barbara Gray
An Olive Branch
Appendix 3: Differences in Definitions of Sexual Abuse in Nova Scotia, Colorado, and VermontNova ScotiaSexual violence refers to an act or encouragement of an act that includes any violence, physical or psychological, carried out through sexual means or by targeting sexuality. This violence takes different forms which include but are not limited to sexual assault, childhood sexual abuse, sexual harassment, degrading sexual imagery, cyber-harassment and sexual exploitation. Sexual violence is a significant public health issue.
https://novascotia.ca/coms/svs/docs/primer.pdf (Accessed 1-24-19)
ColoradoColorado has six categories of sexual abuse charges: 1) Internet sexual exploitation of a child; 2) Procurement of a child for sexual exploitation; 3) Sexual assault; 4) Sexual assault on a child; 5) Sexual assault on a child in position of trust; 6) Sexual exploitation of a child. Sexual Assault- Knowingly sexually penetrating or sexually intruding upon a victim by any of the following means: The defendant:
• Causes the victim to submit against his or her will
• Knows the victim submits as erroneously believes the defendant to be his or her spouse
• Engages in the sexual activity while claiming to offer a medical treatment, but it's inconsistent with reasonable medical practices
The victim is:
• Incapable of understanding the sexual conduct
• Unconscious, asleep, or otherwise can't consent and the defendant knows this
• Under 14 years old and the defendant is at least 4 years old and not his or her spouse
• 15 or 16 years old and the defendant is at least 10 years older and not his or her spouse
• Detained in a jail, prison, or hospital where the defendant has authority over the victim and uses this authority to coerce the victim into the act
Unlawful Sexual ContactKnowingly touching the victim's intimate parts or making the victim touch the defendant's intimate parts, or touching the clothing covering the intimate parts if this contact was for sexual arousal, gratification, or abuse, prohibited in any of the following cases:
• The victim:
• Doesn't consent
• Can't understand the sexual conduct
• Is unconscious or asleep and can't consent
• Is an inmate at a prison, jail, or hospital where the defendant has authority over him or her and uses that authority to coerce submission
• The defendant uses date rape drugs to impair the victim
• The defendant engages in the sexual contact while claiming to offer a medical treatment/exam, but the "exam" is inconsistent with reasonable medical practices
• Knowingly inducing or coercing a child under 18 years old to expose their intimate parts or to engage in any sexual contact, intrusions, or penetration with another person for the defendant's sexual gratification, by using any of the same means listed above for Sexual Assault https ://statelaws. findlaw.com/colorado-law/colorado-rape-and-sexual-assau It-laws. htm I (Accessed 1- 24-19)
VermontVermont has defined eleven crimes that are used to prosecute sexual assault and related crimes within the state. Statutory laws can be used to prosecute offences that are related to the victim being below the Vermont Age of Consent, while non-statutory rape laws are often used to prosecute offences in which force or coercion was used by the assailant. The eleven categories are:
Aggravated human trafficking Vermont state law § 2653
Aggravated human trafficking Vermont state law§ 2653
Aggravated sexual assault of a child Vermont state law § 3253a
Fornication by persons prohibited to marry Vermont state law § 205
Human Trafficking Vermont state law § 2652
Lewd and lascivious conduct Vermont state law § 2601
Sexual abuse of a vulnerable adult Vermont state law § 1379
Sexual assault Vermont state law § 3252
Lewd or lascivious conduct with child under 16 Vermont state law § 2602
Sexual exploitation of a minor Vermont state law § 3258
Sexual exploitation of an inmate Vermont state law § 3257
Appendix 4: Variations in Definitions of Child Abuse In Nova Scotia, Colorado, and VermontSince definitions of child abuse vary by jurisdictions, below are key points about how child abuse is defined in each of three jurisdictions where Shambhala has practice centers: Nova Scotia, Colorado, and Vermont. However, the cases of child abuse reported to the Listening Post occurred only in Colorado.
Nova Scotia:Child abuse includes:
1) physical abuse (the intentional use of force on any part of a child's body that results in injury);
2) emotional abuse (anything that causes serious mental or emotional harm to a child, which the parent does not attempt to prevent or address);
3) the improper exposure of a child to sexual contact, activity or behavior; and
4) neglect (any lack of care that may cause significant harm to a child's development or endangers the child in any way).
https://novascotia.ca/just/Prevention/tips child abuse.asp, accessed September 15, 2018.
Vermont:Sexual Abuse: Consists of any act or acts by any person involving sexual molestation or exploitation of a child, including but not limited to ((33 VSA § 4912(17)): (A) Incest; (B) Prostitution- (Sex Trafficking of Minors); (C) Rape- (Sexual Assault); (D) Sodomy- (Sexual Assault); (E) Lewd and Lascivious Conduct (For children over the age of 16 who have been subjected to this conduct, this is limited to conduct which is forced, threatened or coerced, or the victim lacked the opportunity or ability to consent.); (F) Child Pornography; (G) Viewing, possessing, or transmitting child pornography; (H) Human Trafficking (Sex Trafficking of Minors; (I) Sexual Assault.
The definition of a Sexual Act is: Conduct between persons consisting of contact between the penis and the vulva, the penis and the anus, the mouth and the penis, the mouth and the vulva, penis and penis, vulva and vulva, or any intrusion, however slight, by any part of a person's body or any object into the genital or anal opening of another. (Excerpted from:
https://dcf.vermont.gov /sites/dcf/files/FSD/Policies/50. pdf, accessed January 14, 2019 ).
Vermont Age of Consent Law: §3252 (c) provides that no person shall engage in a sexual act with a child who is under the age of 16, except:
Where the persons are married to each other and the sexual act is consensual; or where the person is less than 19 years old, the child is at least 15 year, and the sexual act is consensual. However, it rises to 18 if the person is related to the minor or in a position of authority over him. (d) No person shall engage in a sexual act with a child who is under the age of 18 and is entrusted to the actor's care by authority of law or is the actor's child, grandchild, foster child, adopted child or stepchild.
https://dcf.vermont.gov/sites/dcf/files ... ies/50.pdf (Accessed 1/24/2019)
Vermont statutory rape law is violated when a person has consensual sexual intercourse with an individual under age 16.
https://www.ageofconsent.net/states/vermont (Accessed 1/24/2019)
Colorado:The definition of child abuse is based on the US federal law known as the 1974 Mondale Act (also known as Child Abuse Prevention and Treatment Act- CAPT A) which offers these minimum definitions of child abuse and sexual abuse:
Child abuse or neglect is any recent act or failure to act resulting in imminent risk of serious harm, death, serious physical or emotional harm, sexual abuse, or exploitation of a child (usually a person under the age of 18, but a younger age may be specified in cases not involving sexual abuse) by a parent or caretaker who is responsible for the child's welfare.
Sexual abuse is defined as employment, use, persuasion, inducement, enticement, or coercion of any child to engage in, or assist any other person to engage in, any sexually explicit conduct or any simulation of such conduct for the purpose of producing any visual depiction of such conduct; or rape, and in cases of caretaker or inter-familial relationships, statutory rape, molestation, prostitution, or other form of sexual exploitation of children, or incest with children.
Colorado statutory rape law is violated when an individual has sexual intercourse with an individual under age 17. Close in age exemptions exist allowing 16- and 17-year-old to engage in sexual intercourse with partners who are less than 10 years older, and minors younger than 15 to engage in sexual congress with those less than 4 years older. Defenses exist if the victim and perpetrator are married (common law marriages are not applicable). Although the age of consent is 17, child prostitution laws extend to those 18 and under.
https ://statelaws. findlaw.com/colorado-law I colora do-ra pe-and-sexual-assau It-laws. htm I (Accessed 1- 24-19)
Appendix 5: Statutes Governing Mandatory Reporting of Child Abuse In Nova Scotia, Colorado, and Vermont
Nova ScotiaMandatory reporting of child abuse to a child welfare agency is required of all Canadians when even a suspicion that a child under 16 may be in need of protective services. (See
https://novascotia.ca/just/Prevention/tips child abuse.asp, accessed 9-15-2018).
ColoradoMandatory reporting of child abuse in Colorado is addressed in Colorado Law: CRS § 19-3-304(a) which details which type of persons and when they are required to report child abuse or neglect. The statute states:
"(1), any person specified in subsection (2) of this section who has reasonable cause to know or suspect that a child has been subjected to abuse or neglect or who has observed the child being subjected to circumstances or conditions that would reasonably result in abuse or neglect shall immediately upon receiving such information report or cause a report to be made of such fact to the county department or local law enforcement agency."
"(b) The reporting requirement described in paragraph (a) of this subsection (1) shall not apply if the person who is otherwise required to report does not: (I) Learn of the suspected abuse or neglect until after the alleged victim of the suspected abuse or neglect is eighteen years of age or older; and (II) Have reasonable cause to know or suspect that the perpetrator of the suspected abuse or neglect: (A) Has subjected any other child currently under eighteen years of age to abuse or neglect or to circumstances or conditions that would likely result in abuse or neglect; or (B) Is currently in a position of trust, as defined in section 18-3-401 (3.5), C.R.S., with regard to any child currently under eighteen years of age."
Additionally, in Colorado, prior to 2006, the statute of limitations for prosecuting sex offenders was 10 years. A new law was passed in 2006 removing any statute of limitations. The new law took effect on July 1, 2006, and applies to offenses that were committed on or after July 1, 1996.
https://www.colorado-sex-crimes-lawyer. ... do-statute -of-limitations-for-sex-offenses, accessed 9-15-2018.
VermontAll Vermonters are encouraged to report their concerns about children's safety. Mandated reports are legally required to report any suspected child abuse and neglect to us (Department for Children and Families) within 24 hrs. Additionally, see age of consent description for sex offenses in Vermont in Appendix 3.
https://dcf.vermont.gov/sites/dcf/files ... ies/50.pdf, accessed 1-24-19.
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Notes:1 Winn, A.M. Project Sunshine Phase One: Final Report, February 15, 2018.
2 Shambhala International hired Wickwire Holm Law Firm in Halifax, Nova Scotia to conduct an independent investigation of charges of sexual misconduct by the Sakyong and other Shambhala leaders.
3 Midway through An Olive Branch's contract with Shambhala, the Kalapa Council was replaced by a new governing body, the Interim Board.
4 Note: Before this letter was circulated, a few reporters of harm had contacted An Olive Branch through t he support link (
support@an-olive-branch.org). In order to not discourage these early reporters, eight of them were interviewed before the Listening Post officially opened on September 3, 2018, and their reports of harm are included in the corpus of data summarized in this report. An Olive Branch also monitored t his web address for additional reports of harm throughout the duration of the Listening Post.
5 As mediators, An Olive Branch conforms to jurisdictional guidelines for mandatory reporting of child abuse. These guidelines vary among countries and among governmental units with in countries (i.e., states, provinces). See Appendix 3 for additional information about mandatory reporting requirements applicable in three locations in which Shambhala has land centers, Nova Scotia, Colorado and Vermont.
6 Rape Abuse and Incest National Network (RAINN). The Criminal Justice System: Statistics. https ://www.rain n.org/statistics/crimina 1-justice-system (Accessed 1-25-2019)
7 https ://apps.rainn.org/policy/policy-crime-definitions.cfm?state=Colorado&group=3 (Accessed 1-25-2019)
8
https://novascotia.ca/coms/svs/docs/primer.pdf (Accessed 1-24-2019)
9
http://uscode.house.gov/view.xhtml?reg= ... ion:prelim) (Accessed 1-25-2019)
10 This report does not claim to have made legal determinations about each case here. Dr. Gray is not a lawyer and did not probe for the level of detail needed to make such determinations. Obviously, if a reporter wants to pursue legal action, they would need to consult a lawyer to get a legal determination about which statutes were violated in the location where the incident occurred.
11 The remaining contacts can be accounted for as follows: Two fell outside the scope of the Listening Post, one was making an inquiry about the process for someone else, and two involved the same person contacting us via two different means (phone and email). In addition, seven potential reporters did not follow through after they received a response to their initial inquiry from the Listening Post.
12 Starting on July 2, 2002, Shambhala's Code of Conduct expressly prohibited teachers from engaging in sexual relationships with students. See Shambhala Care and Conduct: Conducting ourselves and caring for each other, which states on p. 7: "The instructor must refrain from any sexualizing gestures, inappropriate touching, verbal innuendo, invasive personal questioning, scheduling of dates, and intimate self-disclosures."
13 Note that three of these were also classified as other kinds of abuse.
14 Note: There were no instances of racial harm or slander in the reports of harm from bystanders; hence, those columns are not included in Table 2.