Our Ethics Policy & Grievance Procedure
Maintaining a Harmonious Environment for Spiritual Practice
I. Policy Statement
Maui Dharma Center was established in 1974 by the Tibetan highly revered teacher Kyabje Kalu Rinpoche. Rinpoche's vision was to establish this Center as a respected place for the practice and study of Tibetan Buddhism within the Kagyu and Shangpa Lineages. Its primary goal is to preserve the authenticity of the transmission of the lineage and the continuity of the Buddha’s three vehicle teachings on Maui, Hawaii in order to benefit all sentient beings, and to make the Dharma teachings available to all who are interested. The MDC community is made up of both traditional Tibetan Lamas and lay practitioners. MDC shares with all traditions of Buddhism the three principal refuges and the commitment to avoid the ten negative actions. All teachers and residents are expected to take these to heart. The three principal refuges: We take refuge in the three jewels: Buddha, Dharma and Sangha, and we take refuge in the three roots: the Lama, Yidam and the Dharma Protectors.
The ten negative actions: We vow to refrain from:
1. Killing
2. Taking what is not given
3. Inappropriate sexual conduct
4. False speech
5. Harsh speech
6. Divisive speech
7. Gossip/idle speech
8. Covetousness
9. Ill will
10. Wrong view
All Board of Directors, Ethics Council members, teachers, sangha members, volunteers andresidents who have taken formal vows hold a greater level of commitment and are expected to adhere at all times to the specific vows they have taken. Those who hold any level of formal ordination are expected to keep all the vows of ordination. Lay practitioners who have taken one or more of the five lay (genyen) vows are expected to keep the vow(s) they hold by refraining from:
The five Pratimoksa vows: We vow to refrain from:
1. Killing
2. Taking what is not given
3. Inappropriate sexual conduct
4. False speech
5. Intoxicants of any kind
II. Prohibited Conduct
1. Abuse of Power and Position
While it is the mutual responsibility of teacher and student to honor the deep trust and respect on which their relationship is founded, the teacher is responsible for recognizing the authority implicit in this role and refraining from any use of this authority to secure special privileges or to inappropriately influence others, or for any other personal ends; and to refrain from any situation or action that might result in harm to a student or the community.
Additionally, the Board of Directors, and the Ethics Council members must not utilize their role in the organization for manipulation, or for their own personal benefit. When conflicts arise, they must be addressed in a respectful way through the procedures outlined in this policy.
2. Breach of Confidentiality
Matters discussed in meetings between teacher and student are to be kept in confidence when confidentiality is requested and agreed to, except as may be required by law. If it is necessary for a teacher to disclose confidential information in the context of a professional legal or psychological consultation, this consultation will also be kept in confidence.
3. Breach of Fiduciary Responsibility
It is incumbent upon any Board of Directors, teacher or resident entrusted with handling funds or assets on behalf of practitioners and donors to act solely in the best interest of the community, to serve with accountable and transparent stewardship, and never to use funds or assets that belong to the sangha without authorization.
4. Sexual Misconduct
Board of Directors, teachers, volunteers, sangha members and residents are expected to uphold the highest standards of integrity in all personal relationships. In particular, with regard to teacher-student relationships, responsibility for maintaining appropriate and clear boundaries between teacher and student always rests with the teacher. A sexual or romantic relationship between any student and teacher is prohibited. A teacher who feels unable to uphold this standard will seek guidance and counsel from a senior teacher within the lineage, and/or one or more members of the MDC Ethics Council and will advise the student to seek independent guidance as well. If, after receiving guidance, the teacher and student still wish to pursue a romantic or sexual relationship, the teacher must notify the Ethics Council, and the teacher-student relationship must clearly and consciously be ended before a more personal relationship begins. The Ethics Council may require disclosure to the community.
5. Use of Drugs or Alcohol
Violation of the precepts regarding drugs, alcohol and other intoxicants is an ethical violation. Lay teachers and residents who have not taken the vow to refrain from intoxicants are prohibited from using intoxicants while wearing robes or while on Maui Dharma Center property. Likewise, teachers and residents are prohibited from being on MDC property while in an intoxicated state, and also from engaging in idle talk with students or visitors about the use of intoxicants while on the property of MDC.
6. Discrimination or Harassment
MDC's Board of Directors, Ethics Council members, teachers, residents, sangha members and volunteers are expected to treat each other with respect and kindness both physically and verbally. At MDC, we will maintain an environment free of discrimination of any kind based on race, color, age, ethnicity or national origin, religion, gender, sexual orientation, gender identity, or disability.
In addition, any unwelcome or unauthorized physical or verbal behavior (or even suggested), that makes a person feel uncomfortable, disrespected, humiliated, or mentally distressed shall be considered harassment.
III. MDC Ethics Council
The MDC Ethics Council (“EC”) will consist of three members selected jointly by the MDC Board of Directors and the Resident Lama to serve a two-year term. The EC will include:
1. A member of the Board of Directors
2. MDC Sangha member
3. An additional member
Membership of the EC will be reviewed annually by the Board of Directors and Resident Lama.
The EC provides counsel and assistance to teachers, residents and sangha members concerning nondiscrimination and harassment policies and procedures and shall oversee the proper conduct of all grievances and informal resolution measures involving MDC teachers, Sangha members and residents under these policies. If, for any reason, any member(s) of the EC has a conflict of interest, illness, or prolonged absence and is unable to carry out his or her responsibilities, a designee shall be appointed by majority vote of the Board of Directors. Any complaints or concerns regarding ethical issues in the community can be submitted to the EC at any time by writing aloha@mauidharmacenter.org.
IV. Grievance Procedure
Persons who experience inappropriate conduct from any member of the MDC sangha (or themselves practice such conduct) should be aware that these actions violate the spirit and practice of right conduct and seriously undermine the harmony of the sangha. In the event of a concern arising in the sangha, either by complaint or perception, the sequence of actions outlined below is recommended.
The purpose of these steps is to facilitate communication and bring the problem to resolution in as honest, simple, and straightforward manner as possible. We acknowledge that there is no perfect solution to any problem between people, but we will endeavor to help all parties arrive at the best possible solution given the situation. If a person in the sangha has a problem with an individual, teacher, Board of Director, sangha member, resident, volunteer or entity within the sangha, that person should work to resolve the problem by following these steps in order:
1. Meet with the person one-on-one and discuss the problem. If this does not bring a resolution, or if either person, using his or her individual judgment, does not wish, or is too uncomfortable, to meet one-on-one, that person should:
a. Ask for one mutually acceptable person from the Ethics Council to witness and/or mediate the discussion of the problem. If that does not bring about a resolution, either party may:
b. Submit a written statement describing the problem to the Ethics Council by writing with a request that the Council meet with the parties to assist with or mediate the issue. If the problem still persists, either party may:
c. Request a formal hearing by submitting an issue in writing to the Ethics Council. At a hearing, which will be conducted by the Ethics Council as a whole, either party may present his or her version of the dispute, call witnesses, and ask questions of the other party and of the witnesses. A hearing will result in a formal recommendation by the Ethics Council. Either party or the Ethics Council itself may appeal to the MDC Board of Directors for assistance. In that case:
d. After hearing from all parties and reviewing the recommendation of the Ethics Council, the Board of Directors may issue a binding decision, or, at their discretion, may contract with an outside mediator or seek advice from other experts and professionals.
MDC will endeavor to maintain confidentiality in all informal and formal proceedings. All related documents will be maintained as confidential. All participants will be instructed to maintain confidentiality.
V. Addendum to MDC Ethics Policy and Protocol for Resolving Concerns
Examples of resolutions that may be reached in an issue resolution:
This is a list of some possible resolutions intended as a partial, not a comprehensive, guideline. As it is not possible to anticipate every kind of situation that might require resolution, other additional types of resolutions may be reached as well.
Ho’opnopono
Finding of no ethical breach.
Finding of no ethical breach while acknowledging the existence of a problem that needs resolution by another means.
Reversal of an administrative decision or action.
Direct or mediated private apology.
Apology to the community.
Follow-up meetings with one or more members of the Ethics Council or a designated teacher or other party.
Recommended education, training or intervention program (e.g., therapy or relevant 12-step program).
Private reprimand.
Public censure (in which the findings and action of the Ethics Council are made public to the Sangha).
Period of probation, with probationary terms set by the Ethics Council.
Suspension from teaching for a period of time, with stipulation of conditions under which teaching may be recommenced.
Decision limited simply to whether or not an ethical transgression has occurred.