Private and Confidential
Report of the Investigation into Claim No.3:
Allegation of Sexual Assault
Prepared for Shambhala USA Interim Board
By Selina Bath
January 22, 2019
Wickwire Holm
300-1801 Hollis Street
Halifax, NS B3J 3N4
902-482-7030
sbath@wickwireholm.com
INDEX
1. Executive Summary
2. Background
3. Appointment and Scope of Investigation
4. Confidentiality
5. Investigation Process
6. Evidence Considered
7. Terminology
8. Claim No.3
9. The Sakyong' s Response
10. Evidence of Other Witnesses
11. Standard of Proof
12. Credibility
13. Findings
14. Conclusion
1. Executive Summary
This investigation was precipitated by claims of sexual abuse within the Shambhala community. Several claims were raised anonymously in a publication prepared by Buddhist Project Sunshine. Through general counsel Shambhala USA, retained Wickwire Holm to conduct an investigation into claims of sexual misconduct on the part of Sakyong Mipham Rinpoche and/or other senior leaders.
Shambala USA invited its community members to reach out to Wickwire Holm with any claims of sexual misconduct that they wished to have investigated. More than 75 people came forward with claims of sexual misconduct or information pertaining to sexual misconduct within the organization. The majority of the individuals who came forward with claims of misconduct did not want to be identified and therefore did not fall within the scope of the investigation set by Shambhala USA. These accounts, while not formally investigated, were provided to the Interim Board in an anonymized summary fashion.
The following is my report into an investigation of sexual misconduct on the part of Sakyong Mipham Rinpoche brought forward by Claimant No.3. Claimant No.3 makes several distinct allegations. I do not find that Sakyong Mipham Rinpoche forced Claimant No.3 to perform sexual acts for other men or that there is evidence of teenage girls being brought to him. Further I do not find that Shambhala used fear to silence Claimant No.3.
I do find, however, that Sakyong Mipham Rinpoche attempted to have sexual relations with Claimant No.3 and that Claimant No.3 was expected to donate both her time and money.
2. Background
Shambhala is an international community of more than 150 meditation centers worldwide at which more than 14,000 students practice meditation toward a path of enlightenment. While it maintains centers throughout the world, Shambhala USA operates primarily out of Halifax, Nova Scotia and Boulder, Colorado.
Shambhala is a spiritual path of study and meditation which originates from ancient Tibetan Buddhist traditions and teachings. Sakyong Mipham Rinpoche is the current lineage holder of sacred teachings given to King Dawa Sangpo, the first sovereign of Shambhala. He is both temporal and spiritual director of Shambhala. He resides primarily in Halifax, Nova Scotia.
The Sakyong travels to Shambhala Meditation Centers to offer teachings and programs. He is supported by acharyas (teachers) whom he has empowered to represent him and the lineages he holds as well as a number of senior teachers and meditation instructors.
The Kalapa Council is the governing body of the Shambhala international community. In 2018, the Kalapa Council announced a new effort to address issues of harm within the Shambhala community.
In February, June and August 2018, an initiative referred to as Buddhist Project Sunshine released three separate reports containing multiple allegations of sexual and gendered harm within the Shambhala community.
The Sakyong and the Kalapa Council responded to these reports with letters written directly to the Shambhala community.
It is within this context that this investigation was commenced.
3. Appointment and Scope of Investigation
Wickwire Holm was first approached by general counsel for Shambhala USA (formerly known as Shambhala International), the corporate entity of the Shambhala community, in June 2018 to discuss an investigation into claims of sexual harm within the Shambhala community. While these discussions were ongoing, Buddhist Project Sunshine released its second report containing numerous allegations relating specifically to the Sakyong.
Through general counsel, Shambhala USA formally retained Wickwire Holm to investigate specific allegations of sexual misconduct on the part of the Sakyong and/or other senior members of Shambhala (the "Investigation").
At the time, both anonymous and identified individuals ("Claimants") had made claims of sexual misconduct against the Sakyong and other senior members of Shambhala ("Respondents"). Claims varied by nature, geographic area and date. Respondents hold or held various positions of relative authority within the Shambhala community.
The scope of the Investigation included:
1. Investigating specific allegations of sexual misconduct on the part of Sakyong Mipham Rinpoche brought forward by Claimants; and,
2. Investigating specific allegations of sexual misconduct on the part of other senior members of Shambhala brought forward by Claimants.
Shambhala USA made community members aware of Wickwire Holm's involvement in July 2018. The Kalapa Council invited community members to bring any concerns of sexual misconduct directly to the attention of Wickwire Holm.
At the same time, the Kalapa Council announced an arrangement with An Olive Branch to open a Listening Post for community members to share stories of misconduct or harm anonymously. Information shared through the Listening Post is not automatically included as part of the Investigation.
Shortly thereafter, the Kalapa Council resigned en masse in August 2018. Our retainer remained in place and we continued to investigate. Our point of contact during this time was Shambhala USA's general counsel.
Following the resignation of the Kalapa Council, an Interim Board was appointed in October 2018. In November 2018, the Interim Board elected to become the point of contact for this Investigation. The scope of the investigation did not change.
4. Confidentiality
The starting point of the Investigation involved receiving accounts of harm or alleged misconduct from members or former members of the Shambhala community. Many of these individuals reached out to Wickwire Holm directly to share their experiences.
To form part of the Investigation, a Claimant must be identified and identifiable to a Respondent. The principal reason for this is to allow a Respondent the opportunity to know the allegations against them and be able to provide a full response.
To the extent possible, I kept all allegations and the Investigation into those allegations confidential. My intention is to release information only to the extent required to properly investigate each allegation. Accordingly, a Respondent is provided a summary of the allegation with sufficient detail to allow them to fully respond to the allegation. I did not advise Shambhala USA who specifically had reached out to us to give an account or participate in the Investigation.
In order to maintain confidentiality and support the integrity of the Investigation, I asked parties and witnesses to refrain from discussing the content of the allegation or the interview with anyone else, including other Claimants or potential witnesses, while the Investigation is ongoing.
In this report, I will attempt to protect the identities of the parties involved in the claim as well as witnesses to whom I have spoken. Where possible I have avoided the use of personal pronouns which could tend to identify an individual. However, that is not always possible as the context of the evidence may reveal an individual's gender.
The stories of those individuals who came forward to share their experience but elected not to be identified to the Respondent do not form part of the Investigation. I gathered this information and provided the Interim Board with an anonymized summary of what had been shared. The intent of doing so is to make Shambhala USA aware of the extent and kind of harms experienced within the community, without breaching the confidentiality that those individuals specifically requested when contacting Wickwire Holm to share their stories.
5. Investigation Process
General Comments
The normal process of an investigation is to first receive the claim, meet with the Claimant to obtain further detail of the alleged behaviour, then meet with the Respondent for their response. The parties' credibility is assessed during these interviews. When prudent and necessary, the investigator can meet with witnesses to obtain information that will help them make a determination or factual finding.
The interview is the Claimant's opportunity to present additional facts underlying the allegation. Documents and notes are also welcome at that time.
Similarly, the investigator interviews the Respondent about the allegation. Prior to this interview, the investigator provides the Respondent with sufficient information and detail to allow the Respondent to know the nature and extent of the Claim against them. The interview is the Respondent's opportunity to provide a full response to the allegation.
Either the Claimant or Respondent may suggest names of other witness who they feel may have relevant information. The investigator will interview those witnesses who can provide relevant and useful information to the investigation. Not every witness is contacted. Any party or witness may be accompanied by an advisor or support person provided that individual is not also a witness in the investigation.
In addition to meeting with the parties and witnesses, the investigator reviews relevant documents and other evidence as may be available.
An investigation such as this is a voluntary process. At each step, the investigator is reliant on the individual people who come forward as Claimant, Respondent, and witness, to share their experience and perspective. Each individual's recollection of events assists the Investigator to make a factual determination of what occurred based on the information available.
While evidence is not taken under oath, it is essential to the process that each individual is forthcoming and truthful. Without individual participation, ~ investigation may be lacking in detail. If one aspect of critical evidence is suppressed, it can have a significant impact on the overall process and ultimate determination. It is therefore important for all involved to share what they know, have seen or otherwise observed so that the investigator has much evidence as possible about what has transpired.
The structure of this Investigation was unique because of the manner in which claims of misconduct came to light.
Investigating Claim No. 3
I became aware of the allegations that form the basis of Claim No.3 before actually speaking with Claimant No.3. I was at first advised that Claimant No.3 was not willing to speak with me directly. After some time, she came forward and we met. I spoke with her on two separate occasions for several hours about the allegations.
In the interim, I had been contacted by a number of people who independently volunteered information and requested a time to speak with me about Claimant No.3. I had spoken with several of these individuals prior to speaking with Claimant No. 3 directly; I spoke with several more after meeting with Claimant No.3.
Due to the relative locations of the interviewees, the vast majority of interviews for this Investigation were conducted via video conference. This provided an excellent means of interviewing and observing the witnesses when an in-person meeting was not viable. In some instances, the interview was conducted by telephone.
Most interviews lasted between 80 to 95 minutes. If an interview was not concluded within that timeframe, the witness and I scheduled a second interview time.
The interviews were largely unstructured. While there were certain points or issues that I wished to discuss with each witness, the interview did not follow a set list of questions. Generally, I asked each witness to provide me with some background information about their involvement in Shambhala to give me a better understanding of their role, involvement, and familiarity with the organization and spiritual practice.
The remainder of the interview depended in part on how the witness had come to my attention and whether or not they had already advised me what they wished to speak about. Conversations were largely organic and proceeded through the various issues and allegations. Particularly in circumstances such as this where the subject matter is inherently sensitive and personal, my experience has been that information flows more naturally during organic conversation rather than strict adherence to a set list of questions.
For those individuals implicated by Claimant No.3, I raised each of the allegations with them in turn.
The interviews were not recorded, though all participants were advised that I would take notes of the conversation.
Many witnesses were concerned about the confidentiality of the investigation process and expressed concern that their names would become known. I advised each witness that interviews were confidential; they would be identified only as "Witness A" or "Witness B" etc. in this report. As will be seen, this is what I have done to protect the identities of those whom I interviewed.
6. Evidence Considered
As part of this Investigation I interviewed Claimant No. 3 and most of the individuals directly implicated by the allegations. I also interviewed 15 individuals who had information relevant to the issues. Some of the witnesses came forward independently to share their observations. Other witnesses were individuals whose names were suggested to me by one of the parties. The interviews were conducted independent of each other.
I have also reviewed the following documents:
• Buddhist Project Sunshine Reports 1,2, 3;
• Written statement of Witness S;
• Written statement of Witness J;
• Written statement of Witness P;
• Written statement of Witness B;
• Written statement of Witness C;
• Written response of Sakyong Mipham Rinpoche, provided through counsel;
• Various communications from the Kalapa Council to the Shambhala community;
• Correspondence from Sakyong Mipham Rinpoche to the Shambhala community;
• Correspondence from Pema Chodren to the Shambhala community;
• Shambhala's Care and Conduct Policy;
• Email correspondence from various witnesses;
• An unofficial transcript of a meeting between the Kalapa Council and the Shambhala community;
• Clergy Sexual Misconduct and the Misuse of Power, white paper, Wiedman, K and Hospodar, L, An Olive Branch: 2017;
• Understanding sexual abuse by a church leader or caregiver, Block, H. et aI, Mennonite Central Committee: 2011.
I have also spoken with Carol Merchasin. Ms. Merchasin conducted a preliminary investigation for Buddhist Project Sunshine.
7. Terminology
The scope of this Investigation refers generally to sexual misconduct. This term covers an array of sexual behaviour including:
• Sexual assault;
• Sexual exploitation;
• Sexual harassment;
• Stalking;
• Indecent exposure;
• Voyeurism;
• The distribution of a sexually explicit photograph or video of a person to one or more persons other than the person in the photograph or video and with the intent to distress the person in the photograph or video;
• The attempt to commit an act of sexual misconduct; and
• The threat to commit an act of sexual misconduct.
Sexual Assault
Sexual assault has been defined as an assault which is committed in circumstances of a sexual nature such that the sexual integrity of the victim is violated: see R v Chase [1987] 2 SCR 293.
Implicit in this definition is the idea that a claimant does not consent to an assault. In the context of sexual assault, consent is defined as the voluntary agreement of the claimant to engage in the sexual activity in question: see R v JA, [2011] 2 SCR 220 and Criminal Code, RSC 1975, c C-46, s.273.1. Consent of the claimant must be specifically directed to each and every sexual act.
Further, I recognize that an imbalance of power is a relevant consideration in cases of sexual misconduct. Relationships characterized by an imbalance of power, where one party has the ability to dominate or influence the other, include parent-child, physician-patient, teacher-student, and clergy-penitent among others.
Sexual Harassment
Sexual harassment has been defined as:
(i) Vexatious sexual conduct or a course of comment that is known or ought reasonably to be known as unwelcome,
(ii) A sexual solicitation or advance made to an individual by another individual where the other individual is in a position to confer a benefit on, or deny a benefit to, the individual to whom the solicitation or advance is made, where the individual who makes the solicitation or ,advance knows or ought reasonably to know that it is unwelcome, or
(iii) A reprisal or threat of reprisal against an individual for rejecting a sexual solicitation or advance.
Human Rights Act, R.S.N.S. 1989, c. 214, s.3(o)
Because of the context within which this Investigation must take place, it is useful to also consider Clergy Misconduct which FaithTrust Institute defines as:
It is clergy misconduct when any person in a ministerial role of leadership for pastoral counseling (clergy, religious, or lay) engages in sexual contact or sexualized behavior with a congregant, client, employee, student, or staff member (adult, teenager, or child) in a professional relationship. Such misconduct is a violation of the ministerial relationship in which a person in a position of religious leadership takes advantage of a vulnerable person instead of protecting her/him.
I note that An Olive Branch refers to this definition in its white paper Clergy Sexual Misconduct and the Misuse of Power, referenced above.
It is with these particular definitions in mind that I have considered the evidence and base my findings for this Investigation.
8. Claim No.3
The following is the report of my Investigation into an allegation of sexual misconduct which I will refer to as Claim No.3. To protect the identity of the Claimant, I will refer to that individual as Claimant No.3, not by name.
Claimant No.3 came forward with a number of allegations that spanned several years. The events she described to me occurred at different times, in various locations, and involved several individuals. Notably, much of her complaint related to Sakyong Mipham Rinpoche. The claim raised the following allegations.
The Sakyong assaulted/abused Claimant No.3
This particular element of Claimant No.3 's allegations has several aspects:
● She states that the Sakyong attempted to have sex with her on many occasions, and often referred to himself as Padmasmbhava. In doing so, she alleges that he used the dharma for his sexual gain.
● Claimant No.3 states that the first time the Sakyong attempted to have sex with her she thought she had been invited to see him to discuss her spiritual path. She was prepared for a meaningful conversation; she arrived to find her teacher wearing only his bathrobe, with other intentions in mind.
● She states that the abuses would often follow a similar pattern or routine, whereby the Sakyong would be seated on his bed or a chair, in his bedroom, semi-clothed, and she would be asked to sit near or next to him. Often, she was seated at his feet. He would place her hand on his genitals and ask that she touch him there.
● She states further that on other occasions, the Sakyong did force her to perform oral sex on him by positioning himself such that she could not get away and forcing her head to his genitals.
● Claimant No.3 does not feel that she was the Sakyong's girlfriend or that the encounters were consensual. She questioned other senior members of the community, and was told that she should feel honoured to have attracted his attention. She did not.
● Claimant No.3 described the Sakyong as cold and hostile toward her when she refused his sexual advances. She feels he did not like her.
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Louisette Geiss, a former actress and screenwriter, said at a press conference on Oct. 10 that at the Sundance Film Festival in 2008, Weinstein invited her to his room to discuss her script, but after about 30 minutes, he returned from the bathroom in nothing but a robe with the front open. Weinstein proceeded to get in the bathtub and “just kept asking me to watch him masturbate," she said. Geiss says she moved to leave his hotel room, and Weinstein trailed her to the door, promising to introduce her to his brother, Bob, greenlight her script and give her a three-picture deal. But she had to watch him masturbate first. ...
Lauren Holly said on the Canadian talk show The Social on Oct. 16 that Weinstein, who she met while working on the 1996 film Beautiful Girls, acted inappropriately towards her during a meeting in his hotel room. After what appeared to be a normal business meeting, she claims Weinstein left the room before returning in a bathrobe and asking her to follow him into the bedroom. She says he then dropped the robe and took a shower. Once out of the shower he approached her naked before she fled the room....
Katya Mtsitouridze, a Russian TV host, told The Hollywood Reporter on Oct. 19 that she was harassed by Weinstein, alleging he arranged a private meeting in 2004 during the Venice Film Festival where he greeted her in a bathrobe and suggested she give him a massage....
An unidentified woman, who worked for Weinstein and told the New Yorker she was too afraid to use her name for fear of legal retaliation, said Weinstein brought her to a hotel room under professional pretext, then changed into a bathrobe and forced himself on her sexually.
-- Harvey Weinstein scandal: A complete list of the 76 accusers, by Sara M Moniuszko
The Sakyong attempted to force Claimant No.3 to perform sexual acts for others
• Claimant No.3 states that she was invited to be part of the Sakyong's marathon team when he participated in the Boston Marathon in 2005. During that time she was asked to come to his bedroom. She believed the request was to provide healing treatment.
• Upon her arrival, she saw several other men, all wearing suits, already in the Sakyong's bedroom. She was asked to sit on his bed near him. The Sakyong was not wearing much clothing; he placed her hand on his genitals and held it there, firmly.
• He asked her what she could do for him which she understood meant he wanted her to perform a sexual act on him.
• She tried to pull away. He asked what she could do for them, referring to the other men in the room.
• Claimant No.3 believed she would be raped.
• Claimant No.3 pushed her way out of the room and ran out of the house.
The Sakyong had sexual relations with teenage girls at Shambhala Mountain Center
• Claimant No.3 states that she observed teenage girls being brought to the Sakyong's residence at Shambhala Mountain Center in 2004-2005. She states they were brought to his bedroom and left alone with him there.
• Claimant No.3 states further that when the girls were alone with the Sakyong she overheard explicitly sexual encounters which she recognized as the Sakyong's pattern of behavior and language.
• She was concerned for the well-being of these young girls and asked kusung and members of the Sakyong's inner circle repeatedly what was going on. She states she tried to get into the Sakyong's bedroom to get the girls out. Each time she was told not to worry.
• Claimant No.3 could not say how many teenaged girls she had seen enter the Sakyong's bedroom.
During the summers of 2004-2005, Ann worked in the Sakyong’s household at SMC. Where she was working, Ann had a clear view of the people who came to wait for their appointments with the Sakyong. Ann saw lots of people come, but she began to notice that there were parents bringing young teenage girls. The girls seemed nervous. The parents occasionally said something like, “This is such an honor for you to have this experience.” Then a kusung would come for the girl and the parents would leave. Ann worked directly below the Sakyong’s bedroom and since there was no air conditioning, in the summer the windows were open. Ann could hear what sounded distinctly like sexual encounters.
Ann worried about this. She asked several kusung, “What’s going on with these young girls?” They always said the same thing. ”There is nothing for you to worry about.” But she did worry because she knew what it was like to be a child used for sex. She knew what she saw and what she heard through those windows.
-- Buddhist Project Sunshine Phase 3 Final Report: The nail: Bringing things to a clear point. A 2-month Initiative To Bring Activating Healing Light To Sexualized Violence At The Core Of The Shambhala Buddhist Community, by Andrea M. Winn, MEd, MCS
The Sakyong pressured Claimant No.3 for money and property
• Claimant No.3 states that the Sakyong advised her that he intended to purchase a home in Boulder, Colorado; he suggested she do the same. She believed it was so that she could live in Boulder and be near him.
• She purchased a property and allowed an acquaintance, mutual to them both, to stay there. When the Sakyong came to see the property, he suggested that she donate the property to him.
• The Sakyong indicated that Claimant No.3 would not be able to stay in the property and did not care where she or their mutual acquaintance would stay.
• Claimant No.3 also states that she was pressured for donations. She cites one example of being asked to make the Sakyong's donation for a particular feast during his travels in India.
Shambhala used fear to silence Claimant No.3
• Claimant No.3 states that several members of the Shambhala community, including the Sakyong, questioned whether she would be silent about what she knew.
• She states that she was told she was a "Samaya breaker" for leaving the community and that she would be sent to hell for breaking Samaya, a commitment she made to take the Sakyong as her teacher and guru.