Report to the Community on the Wickwire Holm Claims Investig
Posted: Thu Feb 07, 2019 4:28 am
Part 1 of 5
Report to the Community on the Wickwire Holm Claims Investigation Into Allegations of Sexual Misconduct [Wickwire Holm Investigation, Selina Bath]
by Shambhala Interim Board: Veronika Bauer, Mark Blumenfeld, Martina Bouey, John Cobb, Jen Crow, Sara Lewis, Susan Ryan, Paulina Varas
February 3, 2019
NOTICE: THIS WORK MAY BE PROTECTED BY COPYRIGHT
February 3, 2019
Dear Shambhala Sangha,
The Interim Board has received the investigative report from Wickwire Holm, a Halifax law firm, and we are releasing it to the sangha. We would like to explain what is contained in the Wickwire Holm Claims Investigation, the perspective of the Interim Board (IB) and how we plan to go forward and support the community.
The Kalapa Council engaged Wickwire Holm in July 2018 to conduct a third-party investigation of claims of sexual misconduct within the Shambhala community (described in the July 20 Community Letter). In November of last year the Interim Board took over management of the engagement of Wickwire Holm from Shambhala’s legal counsel, Alex Halpern, and worked directly with an investigative attorney with the firm, Selina Bath. Ms. Bath was the investigator and writer of the reports. IB members met with her a number of times to understand the scope and progress of her work and her timeframes. At all times, the IB did not attempt to influence her investigation or her findings, and she was steadfast in her adherence to that independence. The Claims Investigation is the product of that work and represents her independent findings.
One of the most important principles we expressed to Ms. Bath was that all Claimants’ and Witnesses’ identities would be kept confidential. However, for an individual’s report to become a claim, the individual had to be willing to identify themselves to Wickwire Holm and to have Wickwire Holm identify them to the respondent. Otherwise, there would be no way for Wickwire Holm to investigate and to interview the respondent and any witnesses to the claim.
More people were willing to share their experiences of harm with Ms. Bath than were willing to have them investigated. She respected those individuals’ wishes to remain anonymous and did not include them in the formal investigation. This information is described in the General Introduction and Summary.
We appreciate each individual who came forward to aid in this investigation as a reporter, claimant or witness.
We are releasing the results of the investigation received from Wickwire Holm to the Community in a single package, which includes:
● General Introduction and Summary
● Three completed Claims Investigations, two of which concern Sakyong Mipham Rinpoche
Please click here to access these documents.
As a Board, we hope that we all can rest with kindness toward ourselves and compassion toward others as we absorb the material in these reports and share our thoughts and feelings with each other. We are committed to the work of restoring trust within our community but recognize that it will be a long journey.
There is much work to be done. We will work closely with the Shambhala Process Team to create dialogue and structure around community listening and healing. To help begin this work, the IB requested a small group of Process Team members to give suggestions for community gatherings that we have distributed to Shambhala leaders. We will also work with the Shambhala Process Team to create Shambhala frameworks that define the ethical conduct to which Shambhala office holders and teachers must adhere. It is our aspiration to let go of unhealthy and unequitable power dynamics that have persisted in our sangha.
As students of Shambhala, we feel strongly that Sakyong Mipham Rinpoche should work to find a path forward to carry his acknowledgement of these past actions in a way that reflects the honesty and bravery that are the hallmarks of the Shambhala teachings. It is our strong wish that he express true sympathy and speaks from his heart on how he will proceed.
In the midst of releasing these reports, we are continuing to plan for Shambhala Day and to fundraise for the continuity of the Shambhala organization. We do this not in the spirit of business as usual, but in the spirit of the natural unfolding of a new year and the recognition that these teachings have power and meaning for many of us. Together, we have something very worthwhile to continue – even if we do not yet know how this will evolve.
We continue to welcome your emails. It is good to have your input and questions, and we endeavor to read and respond to everyone. You can reach us at board@shambhala.org or go to the Interim Board website at board.shambhala.org.
Sincerely,
The Interim Board
Veronika Bauer
Mark Blumenfeld
Martina Bouey
John Cobb
Jen Crow
Sara Lewis
Susan Ryan
Paulina Varas
Shambhala Interim Board
Report to the Community on the Wickwire Holm Claims Investigation into Allegations of Sexual Misconduct
February 3, 2019
Shambhala Interim Board Report to the Community on the Wickwire Holm Claims Investigation into Allegations of Sexual Misconduct
Table of Contents:
I. General Introduction and Summary
○ Background
○ General Summary of Contacts with Wickwire Holm
○ Claims Investigated
○ Summary of the Findings and Conclusions of Claim Investigations No. 1, No. 3, and No. 5
○ Issues or Claims Reported but not Investigated
■ Reports Related to Sexual Misconduct and Sakyong Mipham Rinpoche
■ Reports Related to Sexual Misconduct within the Shambhala Community
■ Reporting on Other Claims or Concerns
○ Conclusions and Next Steps of the Interim Board II. Claims Investigations by Wickwire Holm
○ Report of Investigation into Claim No. 1: Allegation of Sexual Assault Against Sakyong Mipham Rinpoche
○ Addendum to Report of the Investigation into Claim No. 1: Allegation of Sexual Assault by Sakyong Mipham Rinpoche
○ Report of Investigation into Claim No. 3: Allegation of Sexual Assault
○ Addendum to Report of the Investigation into Claim No. 3: Allegation of Sexual Assault by Sakyong Mipham Rinpoche
○ Report of Investigation into Claim No. 5: Allegations of Sexual Misconduct I. General Introduction and Summary
I. General Introduction and Summary
Background
In July 2018, Shambhala’s Kalapa Council announced (see Shambhala Community Care Web page) that they had commissioned an independent third-party investigation to be conducted by the Wickwire Holm law firm into allegations of sexual misconduct by Sakyong Mipham Rinpoche and other leaders of Shambhala. The Interim Board (IB) has received the results of the investigation from Ms. Selina Bath, the attorney at Wickwire Holm who conducted the investigation.
Ms. Bath used the following initial questions to assess whether a report of misconduct fell into the scope of the investigation:
● Was the misconduct in question sexual in nature?
● Who was the alleged offender and what was his/her position at the time of the misconduct?
● When did the misconduct occur?
In general, the scope focused on sexual misconduct, included incidents where there was an imbalance of power, and did not include incidents of misconduct before the 1990s since these would be difficult to properly investigate.
General Summary of Contacts with Wickwire Holm
From the beginning of the investigation last July to its close November 16, Wickwire Holm received 100 individual contacts by telephone or email. Of these total contacts, 25 did not respond to Wickwire Holm’s follow-up inquiry to engage in further communication.
The investigator engaged in conversation with the remaining 75 contacts. Of these, 42 concerned matters related to potential sexual misconduct.
Of those 42 individuals, 10 were related to the Sakyong, including Claimants No. 1 and No. 3 whose investigative reports are attached; 12 had some evidence that tended to corroborate the investigated reports and 20 were related to matters of sexual misconduct involving other Shambhala leaders (some of these dated from the 1980s).
Of the 10 contacts related to the Sakyong, two were from the late 1990s; six were from the period 2000-2005; and two were in the time period after 2005.
Of the remaining 33 contacts which did not involve sexual misconduct allegations, Wickwire Holm reported to us certain issues raised by these individuals which are described below.
Claims Investigated
Out of the above contacts, six were determined to meet the criteria for investigation and were wholly or partially investigated as follows:
Claim No. 1 was initially referred by Shambhala to Wickwire Holm for investigation and, as shown in the Addendum to Claim No. 1, the claimant eventually came forward and agreed to participate, and that Report is attached hereto as Claim No. 1.
Claim No. 2 was initially referred to Wickwire Holm by Shambhala and, despite efforts by Wickwire Holm to reach out to the potential claimant, she did not come forward to present her claim. Because of that, the matter was not investigated.
Claim No. 3 The Claimant agreed to participate, and the claim was investigated and is attached hereto as Claim No. 3.
Claim No. 4 involved an internal and local dispute (not involving the Sakyong) which after an initial interview, the Claimant withdrew.
Claim No. 5 The Claimant agreed to participate. The claim was investigated, and it is attached hereto as Claim No. 5.
Claim No. 6 The Claimant, for a variety of reasons, came forward after the deadline with a claim (not involving the Sakyong). The nature of the claim and the fact that it would have delayed the final report caused the IB not to have Wickwire Holm pursue the investigation at this time. However, the IB has referred this claim to the International Care and Conduct Panel to determine whether an investigation should be commenced.
Summary of the Findings and Conclusions of Claim Investigations No. 1, No. 3, and No. 5
The following is a summary of the significant Findings and Conclusions made by Wickwire Holm in each of the three claims that were investigated to resolution. The investigative reports are included in their entirety in the following section “II. Claims Investigations by Wickwire Holm.”
Claim No. 1:
A finding of sexual misconduct by the Sakyong.
Claim No. 3:
1. a.) A finding that more likely than not the Sakyong attempted to have sexual relations with the Claimant and that any sexual advances towards Claimant constituted sexual and clergy misconduct.
1. b.) No finding that sexual assault occurred.
2. The claim that the Sakyong attempted to force Claimant to have sex with other men is not found to be substantiated.
3. Finding that there was no evidence to support the allegation that the Sakyong had sexual relations with teenagers at the Shambhala Mountain Center.
4. Finding that the Claimant was expected to donate her time and money to the Sakyong and Shambhala and, more likely than not, the Sakyong did suggest to Claimant that she donate her townhouse in Boulder.
5. Finding that Claimant was expected to remain silent about what she experienced, saw or heard while in the presence of the Sakyong and that she felt shamed upon leaving the community. No finding that she was verbally threatened.
Claim No. 5:
Claimant’s allegations against Respondent, another sangha member, were not substantiated. No finding of misconduct by Respondent.
Issues or Claims Reported but not Investigated
During the course of her many interviews, Ms. Bath spoke with those persons wishing to report harm, but who did not wish to pursue a formal claim, as well as a number of witnesses either contacted by her or who contacted her directly. During these conversations and interviews she identified issues that did not become the subject of a formal claim investigation, but that the IB should be made aware of. Nevertheless, the Shambhala Interim Board feels that this information is very valuable, and it is important to share the observations and general themes of these conversations with the community.
It is important to note that this reporting by Ms. Bath is based on a different standard of proof than the formal Claim Investigations No. 1, No. 3, and No. 5 attached which are subject to complete investigation of all sides of the incident and yield findings of fact and conclusions of law based upon a standard of proof as she sets forth in those Claim Investigations.
The investigator received reports that she categorized as either related to sexual misconduct or a general category of “other.” The “other” category included conversations around alcohol, abuse of power, financial mismanagement, racism, handling of past claims, exclusion and shaming and neglect of the community outside of North America. Reports of sexual misconduct included conversations pertaining to Sakyong Mipham Rinpoche, the Kusung, other leaders, local centers, misconduct regarding minors and a general category.
Reports Related to Sexual Misconduct and Sakyong Mipham Rinpoche
The ten individuals (including Claims No. 1 and No. 3) who conveyed issues of misconduct related to Sakyong Mipham Rinpoche each told a unique story. However, there was enough consistency for the investigator to paint a picture that the Sakyong’s behavior in the 1990s and up to 2005 included frequent sexual contact with women who were his students and, thus, characterized by a power imbalance. Although some of the women reported feeling special or honored for being asked to see the Sakyong privately, some of these relationships left the women feeling abandoned. Often, they had little to no communication with the Sakyong after their encounter. This added to their confusion and feeling of being dismissed. No one reported criminal behavior.
Of note is the fact that there were two reports of incidents that occurred after 2005, of which one was the incident described in Claim No. 1.
Some individuals (including Kusung) reported on the involvement of Kusung (staff who serve as a close personal assistant to the Sakyong) in bringing them or other women to the Sakyong’s quarters. While Kusung facilitated their meeting with the Sakyong, no one reported any direct coercion by Kusung to have sexual relations with the Sakyong. There was a report by at least one woman who served as a Kusung to the Sakyong who reported feeling pressured by him to have sexual relations while on duty that left her feeling used and taken advantage of.
Reports Related to Sexual Misconduct within the Shambhala Community
The investigator received 20 reports of sexual misconduct by other leaders. This included reports of:
● Men standing too close and acting too familiar with women; of men making inappropriate comments towards women; of men having inappropriate relations with younger women; of men putting their hands on women inappropriately.
● Unwanted kissing and touching by men, especially men in positions of power or privilege within the community.
● Misconduct by teachers at local centers. The investigator shared one incident passed on to her of a senior teacher who tried to seduce women with a promise of secret tantric teachings.
In addition to an allegation in Claim No. 3, Ms. Bath received two reports of sexual harm to a minor. The first matter was reported to local authorities. The second individual did not wish to participate in the investigation and did not provide enough information for Ms. Bath to report the incident to the authorities. The Interim Board takes seriously its legal requirement to report all known incidents of harm involving minors. Any known incidents of harm to minors should be reported to authorities.
Reporting on Other Claims or Concerns
In addition to claims of sexual misconduct, other concerns were raised, which were beyond the scope of Ms. Bath’s investigation. She only made note of the following issues:
● Heavy use of alcohol in the community
● Alcohol use by the Sakyong
● Abuse of power in the community
● Feelings of being excluded or shunned after reporting sexual misconduct
● Feelings that reports of misconduct were dismissed, hushed or swept under the rug
● Neglect of community members outside of the US and Canada
● Racism
● Financial mismanagement
Conclusions and Next Steps of the Interim Board
The Interim Board takes seriously the reports of misconduct and lack of care that occurred in our community. We recognize that the Care and Conduct structures and other reporting processes of Shambhala have not been adequate.
The Interim Board feels strongly that the Sakyong must take responsibility for the harm he has caused and be directly involved in the healing process. We, like the rest of the community, are awaiting his response and actions in this regard.
As a community we need to look deeply at our culture. We must dismantle the systemic structures that perpetuate harm in our community. We also need to work together to formulate a Care and Conduct Policy and Procedures that the entire mandala supports and then take the time to thoroughly train ourselves in applying it in a fair and timely manner. The Process Team Steering Committee has been given the proposed Code of Ethics written by An Olive Branch and a Shambhala working group. The Interim Board will work together with our new colleagues to disseminate the proposal for the sangha to review.
The Interim Board also plans to work closely with the Shambhala Process Team to support community dialogue around the Wickwire Holm Report and the findings that will be reported later on An Olive Branch’s Listening Post work. We know that we must work together as a community to address the conditions that create harm and create opportunities for care, equity, and kindness to flourish. The Interim Board commits to working with the Community to find resources needed to do this work.
While many of the incidents described by individuals happened years ago, there is no time limit on the pain members of our sangha have experienced. It is our aspiration that we can work together to allow all voices to be heard and together create a Shambhala culture that is respectful and caring for all individuals.
Report to the Community on the Wickwire Holm Claims Investigation Into Allegations of Sexual Misconduct [Wickwire Holm Investigation, Selina Bath]
by Shambhala Interim Board: Veronika Bauer, Mark Blumenfeld, Martina Bouey, John Cobb, Jen Crow, Sara Lewis, Susan Ryan, Paulina Varas
February 3, 2019
NOTICE: THIS WORK MAY BE PROTECTED BY COPYRIGHT
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February 3, 2019
Dear Shambhala Sangha,
The Interim Board has received the investigative report from Wickwire Holm, a Halifax law firm, and we are releasing it to the sangha. We would like to explain what is contained in the Wickwire Holm Claims Investigation, the perspective of the Interim Board (IB) and how we plan to go forward and support the community.
The Kalapa Council engaged Wickwire Holm in July 2018 to conduct a third-party investigation of claims of sexual misconduct within the Shambhala community (described in the July 20 Community Letter). In November of last year the Interim Board took over management of the engagement of Wickwire Holm from Shambhala’s legal counsel, Alex Halpern, and worked directly with an investigative attorney with the firm, Selina Bath. Ms. Bath was the investigator and writer of the reports. IB members met with her a number of times to understand the scope and progress of her work and her timeframes. At all times, the IB did not attempt to influence her investigation or her findings, and she was steadfast in her adherence to that independence. The Claims Investigation is the product of that work and represents her independent findings.
One of the most important principles we expressed to Ms. Bath was that all Claimants’ and Witnesses’ identities would be kept confidential. However, for an individual’s report to become a claim, the individual had to be willing to identify themselves to Wickwire Holm and to have Wickwire Holm identify them to the respondent. Otherwise, there would be no way for Wickwire Holm to investigate and to interview the respondent and any witnesses to the claim.
More people were willing to share their experiences of harm with Ms. Bath than were willing to have them investigated. She respected those individuals’ wishes to remain anonymous and did not include them in the formal investigation. This information is described in the General Introduction and Summary.
We appreciate each individual who came forward to aid in this investigation as a reporter, claimant or witness.
We are releasing the results of the investigation received from Wickwire Holm to the Community in a single package, which includes:
● General Introduction and Summary
● Three completed Claims Investigations, two of which concern Sakyong Mipham Rinpoche
Please click here to access these documents.
Wickwire Holm Investigators
(External Third-Party Organization)
Shambhala contracted with Wickwire Holm, a full-service business law firm located in Halifax, Nova Scotia, to serve as the investigator into claims of sexual misconduct raised to them during the period of July 20 to November 16, 2018 . Selina Bath was the primary contact and lead investigator. Selina is a Certified Workplace Investigator with extensive training in conducting investigations and is experienced in conducting fair, neutral and independent investigations. She has conducted numerous investigations within organizations of various sizes on matters relating to sexual harassment, bullying and disrespect in the workplace. She was assisted by Will Russell, a member of Wickwire Holm’s Labour and Employment group. Selina, Will and Wickwire Holm are not personally affiliated with the Shambhala organization.
The findings of the Wickwire Holm report will be made available to the Shambhala community in February 2019.
As a Board, we hope that we all can rest with kindness toward ourselves and compassion toward others as we absorb the material in these reports and share our thoughts and feelings with each other. We are committed to the work of restoring trust within our community but recognize that it will be a long journey.
There is much work to be done. We will work closely with the Shambhala Process Team to create dialogue and structure around community listening and healing. To help begin this work, the IB requested a small group of Process Team members to give suggestions for community gatherings that we have distributed to Shambhala leaders. We will also work with the Shambhala Process Team to create Shambhala frameworks that define the ethical conduct to which Shambhala office holders and teachers must adhere. It is our aspiration to let go of unhealthy and unequitable power dynamics that have persisted in our sangha.
As students of Shambhala, we feel strongly that Sakyong Mipham Rinpoche should work to find a path forward to carry his acknowledgement of these past actions in a way that reflects the honesty and bravery that are the hallmarks of the Shambhala teachings. It is our strong wish that he express true sympathy and speaks from his heart on how he will proceed.
In the midst of releasing these reports, we are continuing to plan for Shambhala Day and to fundraise for the continuity of the Shambhala organization. We do this not in the spirit of business as usual, but in the spirit of the natural unfolding of a new year and the recognition that these teachings have power and meaning for many of us. Together, we have something very worthwhile to continue – even if we do not yet know how this will evolve.
We continue to welcome your emails. It is good to have your input and questions, and we endeavor to read and respond to everyone. You can reach us at board@shambhala.org or go to the Interim Board website at board.shambhala.org.
Sincerely,
The Interim Board
Veronika Bauer
Mark Blumenfeld
Martina Bouey
John Cobb
Jen Crow
Sara Lewis
Susan Ryan
Paulina Varas
Shambhala Interim Board
Report to the Community on the Wickwire Holm Claims Investigation into Allegations of Sexual Misconduct
February 3, 2019
Shambhala Interim Board Report to the Community on the Wickwire Holm Claims Investigation into Allegations of Sexual Misconduct
Table of Contents:
I. General Introduction and Summary
○ Background
○ General Summary of Contacts with Wickwire Holm
○ Claims Investigated
○ Summary of the Findings and Conclusions of Claim Investigations No. 1, No. 3, and No. 5
○ Issues or Claims Reported but not Investigated
■ Reports Related to Sexual Misconduct and Sakyong Mipham Rinpoche
■ Reports Related to Sexual Misconduct within the Shambhala Community
■ Reporting on Other Claims or Concerns
○ Conclusions and Next Steps of the Interim Board II. Claims Investigations by Wickwire Holm
○ Report of Investigation into Claim No. 1: Allegation of Sexual Assault Against Sakyong Mipham Rinpoche
○ Addendum to Report of the Investigation into Claim No. 1: Allegation of Sexual Assault by Sakyong Mipham Rinpoche
○ Report of Investigation into Claim No. 3: Allegation of Sexual Assault
○ Addendum to Report of the Investigation into Claim No. 3: Allegation of Sexual Assault by Sakyong Mipham Rinpoche
○ Report of Investigation into Claim No. 5: Allegations of Sexual Misconduct I. General Introduction and Summary
I. General Introduction and Summary
Background
In July 2018, Shambhala’s Kalapa Council announced (see Shambhala Community Care Web page) that they had commissioned an independent third-party investigation to be conducted by the Wickwire Holm law firm into allegations of sexual misconduct by Sakyong Mipham Rinpoche and other leaders of Shambhala. The Interim Board (IB) has received the results of the investigation from Ms. Selina Bath, the attorney at Wickwire Holm who conducted the investigation.
Ms. Bath used the following initial questions to assess whether a report of misconduct fell into the scope of the investigation:
● Was the misconduct in question sexual in nature?
● Who was the alleged offender and what was his/her position at the time of the misconduct?
● When did the misconduct occur?
In general, the scope focused on sexual misconduct, included incidents where there was an imbalance of power, and did not include incidents of misconduct before the 1990s since these would be difficult to properly investigate.
General Summary of Contacts with Wickwire Holm
From the beginning of the investigation last July to its close November 16, Wickwire Holm received 100 individual contacts by telephone or email. Of these total contacts, 25 did not respond to Wickwire Holm’s follow-up inquiry to engage in further communication.
The investigator engaged in conversation with the remaining 75 contacts. Of these, 42 concerned matters related to potential sexual misconduct.
Of those 42 individuals, 10 were related to the Sakyong, including Claimants No. 1 and No. 3 whose investigative reports are attached; 12 had some evidence that tended to corroborate the investigated reports and 20 were related to matters of sexual misconduct involving other Shambhala leaders (some of these dated from the 1980s).
Of the 10 contacts related to the Sakyong, two were from the late 1990s; six were from the period 2000-2005; and two were in the time period after 2005.
Of the remaining 33 contacts which did not involve sexual misconduct allegations, Wickwire Holm reported to us certain issues raised by these individuals which are described below.
Claims Investigated
Out of the above contacts, six were determined to meet the criteria for investigation and were wholly or partially investigated as follows:
Claim No. 1 was initially referred by Shambhala to Wickwire Holm for investigation and, as shown in the Addendum to Claim No. 1, the claimant eventually came forward and agreed to participate, and that Report is attached hereto as Claim No. 1.
Claim No. 2 was initially referred to Wickwire Holm by Shambhala and, despite efforts by Wickwire Holm to reach out to the potential claimant, she did not come forward to present her claim. Because of that, the matter was not investigated.
Claim No. 3 The Claimant agreed to participate, and the claim was investigated and is attached hereto as Claim No. 3.
Claim No. 4 involved an internal and local dispute (not involving the Sakyong) which after an initial interview, the Claimant withdrew.
Claim No. 5 The Claimant agreed to participate. The claim was investigated, and it is attached hereto as Claim No. 5.
Claim No. 6 The Claimant, for a variety of reasons, came forward after the deadline with a claim (not involving the Sakyong). The nature of the claim and the fact that it would have delayed the final report caused the IB not to have Wickwire Holm pursue the investigation at this time. However, the IB has referred this claim to the International Care and Conduct Panel to determine whether an investigation should be commenced.
Summary of the Findings and Conclusions of Claim Investigations No. 1, No. 3, and No. 5
The following is a summary of the significant Findings and Conclusions made by Wickwire Holm in each of the three claims that were investigated to resolution. The investigative reports are included in their entirety in the following section “II. Claims Investigations by Wickwire Holm.”
Claim No. 1:
A finding of sexual misconduct by the Sakyong.
Claim No. 3:
1. a.) A finding that more likely than not the Sakyong attempted to have sexual relations with the Claimant and that any sexual advances towards Claimant constituted sexual and clergy misconduct.
1. b.) No finding that sexual assault occurred.
2. The claim that the Sakyong attempted to force Claimant to have sex with other men is not found to be substantiated.
3. Finding that there was no evidence to support the allegation that the Sakyong had sexual relations with teenagers at the Shambhala Mountain Center.
4. Finding that the Claimant was expected to donate her time and money to the Sakyong and Shambhala and, more likely than not, the Sakyong did suggest to Claimant that she donate her townhouse in Boulder.
5. Finding that Claimant was expected to remain silent about what she experienced, saw or heard while in the presence of the Sakyong and that she felt shamed upon leaving the community. No finding that she was verbally threatened.
Ann’s Story
Ann is a survivor of extraordinary childhood sexual abuse which is hard to read about and even harder to imagine. Her father operated a child prostitution ring disguised as a day care center. She was a child prostitute. When her father was arrested on federal charges of violating the Mann Act, Ann was prepped by the FBI to testify against him. In the end, she was not able to do it; she was only four years old. She is speaking out now about the trauma and exploitation that she experienced in Shambhala so that she can help stop the abuse of other women and girls and heal her four-year-old self that couldn’t speak out then.
In 2001, Ann decided that she needed to find a dharma home. Her grandmother had been a Buddhist and an important person in her life. Ann called Gampo Abbey because she had read Pema Chodron’s books and they had helped her to come to terms with her trauma. She asked the people at Gampo Abbey to ask Pema where she could go that would be a safe place to study the dharma.
The message came back that Ann should go to her local Shambhala Center. She did that and she immediately connected to the teachings. But Ann wanted even more — she wanted a teacher, a community, the family she had never really had. What she got was something different.
As Ann began to get deeper into the teachings, she went to Karma Choling for a retreat. She spoke openly about her childhood and the trauma she had experienced. At Karme Choling, she was quickly brought to the Sakyong by a kusung to provide healing services to him. (Ann was a healing services provider).
The first time that the Sakyong initiated a sexual advance toward Ann was in 2002 or 2003. Ann was in a padmasmbhava feast and a kusung came to get her to take her to the Sakyong to give him a healing treatment. He began making sexual advances and it was a struggle for her to keep him away and to provide the treatment. The Sakyong indicated that he was in the form of guru Rinpoche and that having sex with him was part of the practice; that it was an honor for her because he was her vajra guru. But Ann did not give in to him. She completed the healing practice and left.
Ann resisted the pressure for sex, but eventually the Sakyong became angry if Ann did not do what he wanted. He became cold and hard if Ann refused him. She was confused, afraid of his anger and then his coldness, and she fell into the same patterns of silence, loyalty and fear that she had experienced as a child. But even from the beginning, it did not seem right to her. There was no relationship, there was only a sense of being used by the Sakyong for sex.
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.
Over time, Ann began to feel like the Sakyong believed that she was “his possession” and that he “owned” her. This was familiar to her from her childhood and it was deeply disturbing. Ann knew it was not a good situation, but she did not want to leave the sangha and the teachings. [1]
Ann became increasingly uncomfortable with her feeling that the Sakyong was using her for sex as she had been used as a prostitute. But he was her guru. Ann discussed her concerns with female Acharyas and other senior Shambhala women leaders. She specifically asked them whether the statement in one of the restricted Sadhana practices that reads, “whatever the guru commands I will follow” meant that she had to have sex with him “on demand” in the middle of the night, give money that she didn’t have, and be controlled by him. But they either didn’t seem to care, or they essentially said that it was “not a big deal” or that she should be happy about the situation, because it was “an honor” and it proved that she was “special.”
As Ann continued to question what was happening, she asked a male Shambhala leader: “Why did he choose me? Why is he doing this to me?” Ann asked this because she felt that the Sakyong actually did not like her but that he only wanted to control her. The Acharya told her to be careful. He said, “The Sakyong does this — he looks for trauma survivors. He takes vulnerable women and makes them his possession.” Some years later, in 2006 or 2007 on a retreat in France, she asked the same questions of another Acharya who told her, “You do not have to do this.” It was the first time anyone had said this and it marked the beginning of her ability to break away.
In 2005, when the Sakyong came to Boston to run the Boston Marathon, Ann was invited to come as well. A day or two before the marathon she was brought by a kusung into the bedroom where the Sakyong was staying in a private home.
He was lying on the bed in his underwear and 4-5 men from his “inner circle” (i.e. Kalapa Council members, leaders, kusung) were present. [2] The Sakyong called Ann over and motioned for her to sit down on the edge of the bed. She became nervous. As a child prostitute she had been subjected to horrible situations, including gang rape. This looked the same.
The Sakyong began to initiate sex with her. He took her hand in his hand and began stroking his penis with it while the men looked on from the other side of the bed. He said, “Can you take care of me?” and then he said to her, “What can you do for them?” [3]
Ann began to panic and told him repeatedly, “No, I am not comfortable doing this.” She remembers that one of the men then moved to stand in front of the door and another took off his jacket. She began to shake with fear and to dissociate from her body. The Sakyong then sexually assaulted her, putting his hand on the back of her neck and trying to force her mouth down on his penis. Finally, Ann twisted away, stood up and fled the room. She left the house and stayed elsewhere. [4]
This was not the first time that she had been brought by kusung to perform oral sex on the Sakyong in front of other men. Ann alleges that at SMC, in 2003 or 2004, a kusung brought her to the Sakyong’s room where there were a number of men present – again, the Sakyong’s “inner circle.” She was told to kneel in front of him while the men stood around. He opened his robe to reveal that he was naked. She realized that she was expected to perform oral sex on the Sakyong in front of these men. Ann says that she “freaked out” and dissociated. She began to cry, scream and hyperventilate. She remembers only that someone, perhaps the Sakyong, finally said, “Let her go.” She left SMC early and flew home.
In 2005, the Sakyong and Ann decided she should go to go to a monastery in India to practice. She was told she would go with another teacher close to the Sakyong. After she had made all of the preparations for the trip, a male Shambhala leader called her and asked her to make a $6,000 donation, which was actually the Sakyong’s own yearly obligation to a particular feast at one of the monasteries. Ann didn’t have any money, but she used a credit card and went into debt. It was not the last time she was pressured to give money she didn’t have.
Money was not the only thing that the Sakyong used his power to get from Ann. After he became engaged and it was clear that he was going to maintain a house in Boulder, he instructed her to buy a condominium there. She assumed that this would be where she would live so that she could continue to be part of his household. Ann didn’t have any money so she mortgaged her own home in another city and bought a condo in November 2006.
After Ann had furnished the home, the Sakyong came to look at it. He said, “You need to sign this condo over to me — I have had a quitclaim deed prepared and I want you to sign it. I want it for Tseyang (his wife) and her sisters.”
Ann said, “But what about me, what am I going to do?”
He said, “Buy another condo.” She couldn’t do that – she had no money – so she sold it in early 2007.
A year or two later, Ann found the courage to leave the Sakyong and the sangha. After she did, several high-level leaders called her repeatedly over a period of 18 months. She would not speak to them so they left messages. They said, “You can’t leave because you’re breaking your samaya vows.” They said, “You have to remain silent about anything that happened to you.” They said, “If you leave you will live in the Hell Realms.” Despite their insistence, Ann refused to meet with them.
It was extremely hard for Ann to leave Shambhala. She said she did it because she felt that the Sakyong was using the dharma for his own purposes, that he used women to have power and control over them, and, in the process, he destroyed the teachings for many people. As a result of the Sakyong’s actions, Ann herself began to have serious doubts about the dharma. It took her four years of solitary practice, but she stayed with it and she found a teacher who cared about her spiritual path; she is now active in a dharma community in her hometown.
CREDIBILITY, CORROBORATION AND PATTERNS OF BEHAVIOR
I found Ann to be extremely credible. She has dates and details, some of which have been corroborated. I have reached out to the people who might be able to corroborate various facts but only one person responded. [5]
-- Buddhist Project Sunshine Phase 3 Final Report, by Andrea M. Winn, MEd, MCS. Appendix 2: Memo of New Findings of Buddhist Project Sunshine's Preliminary Investigation Into the Clergy Sexual Misconduct of Sakyong Mipham Rinpoche - Carol Merchasin, J.D
Claim No. 5:
Claimant’s allegations against Respondent, another sangha member, were not substantiated. No finding of misconduct by Respondent.
Issues or Claims Reported but not Investigated
During the course of her many interviews, Ms. Bath spoke with those persons wishing to report harm, but who did not wish to pursue a formal claim, as well as a number of witnesses either contacted by her or who contacted her directly. During these conversations and interviews she identified issues that did not become the subject of a formal claim investigation, but that the IB should be made aware of. Nevertheless, the Shambhala Interim Board feels that this information is very valuable, and it is important to share the observations and general themes of these conversations with the community.
It is important to note that this reporting by Ms. Bath is based on a different standard of proof than the formal Claim Investigations No. 1, No. 3, and No. 5 attached which are subject to complete investigation of all sides of the incident and yield findings of fact and conclusions of law based upon a standard of proof as she sets forth in those Claim Investigations.
The investigator received reports that she categorized as either related to sexual misconduct or a general category of “other.” The “other” category included conversations around alcohol, abuse of power, financial mismanagement, racism, handling of past claims, exclusion and shaming and neglect of the community outside of North America. Reports of sexual misconduct included conversations pertaining to Sakyong Mipham Rinpoche, the Kusung, other leaders, local centers, misconduct regarding minors and a general category.
Reports Related to Sexual Misconduct and Sakyong Mipham Rinpoche
The ten individuals (including Claims No. 1 and No. 3) who conveyed issues of misconduct related to Sakyong Mipham Rinpoche each told a unique story. However, there was enough consistency for the investigator to paint a picture that the Sakyong’s behavior in the 1990s and up to 2005 included frequent sexual contact with women who were his students and, thus, characterized by a power imbalance. Although some of the women reported feeling special or honored for being asked to see the Sakyong privately, some of these relationships left the women feeling abandoned. Often, they had little to no communication with the Sakyong after their encounter. This added to their confusion and feeling of being dismissed. No one reported criminal behavior.
Of note is the fact that there were two reports of incidents that occurred after 2005, of which one was the incident described in Claim No. 1.
Some individuals (including Kusung) reported on the involvement of Kusung (staff who serve as a close personal assistant to the Sakyong) in bringing them or other women to the Sakyong’s quarters. While Kusung facilitated their meeting with the Sakyong, no one reported any direct coercion by Kusung to have sexual relations with the Sakyong. There was a report by at least one woman who served as a Kusung to the Sakyong who reported feeling pressured by him to have sexual relations while on duty that left her feeling used and taken advantage of.
Reports Related to Sexual Misconduct within the Shambhala Community
The investigator received 20 reports of sexual misconduct by other leaders. This included reports of:
● Men standing too close and acting too familiar with women; of men making inappropriate comments towards women; of men having inappropriate relations with younger women; of men putting their hands on women inappropriately.
● Unwanted kissing and touching by men, especially men in positions of power or privilege within the community.
● Misconduct by teachers at local centers. The investigator shared one incident passed on to her of a senior teacher who tried to seduce women with a promise of secret tantric teachings.
In addition to an allegation in Claim No. 3, Ms. Bath received two reports of sexual harm to a minor. The first matter was reported to local authorities. The second individual did not wish to participate in the investigation and did not provide enough information for Ms. Bath to report the incident to the authorities. The Interim Board takes seriously its legal requirement to report all known incidents of harm involving minors. Any known incidents of harm to minors should be reported to authorities.
Reporting on Other Claims or Concerns
In addition to claims of sexual misconduct, other concerns were raised, which were beyond the scope of Ms. Bath’s investigation. She only made note of the following issues:
● Heavy use of alcohol in the community
● Alcohol use by the Sakyong
● Abuse of power in the community
● Feelings of being excluded or shunned after reporting sexual misconduct
● Feelings that reports of misconduct were dismissed, hushed or swept under the rug
● Neglect of community members outside of the US and Canada
● Racism
● Financial mismanagement
Conclusions and Next Steps of the Interim Board
The Interim Board takes seriously the reports of misconduct and lack of care that occurred in our community. We recognize that the Care and Conduct structures and other reporting processes of Shambhala have not been adequate.
The Interim Board feels strongly that the Sakyong must take responsibility for the harm he has caused and be directly involved in the healing process. We, like the rest of the community, are awaiting his response and actions in this regard.
As a community we need to look deeply at our culture. We must dismantle the systemic structures that perpetuate harm in our community. We also need to work together to formulate a Care and Conduct Policy and Procedures that the entire mandala supports and then take the time to thoroughly train ourselves in applying it in a fair and timely manner. The Process Team Steering Committee has been given the proposed Code of Ethics written by An Olive Branch and a Shambhala working group. The Interim Board will work together with our new colleagues to disseminate the proposal for the sangha to review.
The Interim Board also plans to work closely with the Shambhala Process Team to support community dialogue around the Wickwire Holm Report and the findings that will be reported later on An Olive Branch’s Listening Post work. We know that we must work together as a community to address the conditions that create harm and create opportunities for care, equity, and kindness to flourish. The Interim Board commits to working with the Community to find resources needed to do this work.
While many of the incidents described by individuals happened years ago, there is no time limit on the pain members of our sangha have experienced. It is our aspiration that we can work together to allow all voices to be heard and together create a Shambhala culture that is respectful and caring for all individuals.