Code of Ethical Conduct
In accordance with the guidelines offered by the White Plum Asanga, all who practice with Still Mind Zendo (SMZ) are asked to practice right conduct as part of their own development as Zen practitioners and as a way to ensure a safe, nurturing, and respectful environment for the practice of all sangha members.
Members of SMZ are guided by the following principles to help guide ethical conduct:
I. The Bodhisattva Precepts as the Basis of Right Conduct
(adapted from the Zen Peacemaker Order)
The grounds for right conduct are the sixteen Bodhisattva Precepts:
Taking refuge in the Buddha: awakening, oneness, not-knowing
Taking refuge in the dharma: learning
Taking refuge in the sangha: compassionate living in community
Ceasing from doing harm.
Doing good.
Doing good for others.
Not killing: living in harmony with all of life and the environment that sustains it
Not stealing: being satisfied with what one has
Not misusing sexuality: giving and accepting love and friendship without clinging
Not speaking falsehood: speaking the truth and deceiving no one, including oneself
Not giving or taking intoxicants: cultivating a mind that sees clearly
Not talking about others’ faults: accepting others as they are
Not elevating oneself or blaming others: owning one’s limitations
Not being stingy: using and sharing all the ingredients of one’s life
Not being angry: seeing things as they are and not as they should be
Not speaking ill of the Three Treasures: honoring the Enlightened Way
II. Inclusion and Non-discrimination
(adapted from ZCLA Statement of Right Conduct)
SMZ is committed to providing a supportive environment for the practice of the Buddha Way. To this end, SMZ supports an environment free of harassment or discrimination. SMZ prohibits discrimination or harassment based on race, religion, color, gender, sexual orientation, marital status, age, national origin or ancestry, physical or mental disability, or any other basis protected by federal or state law, or local ordinances applicable to nonprofit religious corporations. SMZ’s anti-harassment policy applies to all persons involved in the operation of SMZ and prohibits harassment by any teacher, practitioner, or student.
III. Practicing with Conflicts
(adapted from ZCLA Statement of Right Conduct)
From the perspective of Zen practice, conflict presents an opportunity for personal growth and can function as an impetus for awakening and transformation. Interpersonal conflicts arise whenever there are sustained relationships, such as the ongoing relationships within the Sangha. Conflict, as used here, refers to unaddressed ongoing interpersonal disagreements, slights, and situations where oneself and others are negatively affected. All parties to a conflict are asked to engage in deep self-inquiry and to take the steps presented in the SMZ Conflict and Complaint Resolution Guidelines (below) to address the situation in a timely manner.
IV. Refraining from Harmful Conduct
(adapted from ZCLA Statement of Right Conduct)
All members of SMZ are asked to refrain from any harmful conduct such as malicious gossip, discrimination or harassment, inappropriate sexual relationships, bullying, and written, verbal or electronic abuse. All members will refrain from criminal conduct which violates local, state, or federal law.
V. Teachers’ Responsibilities and Teacher-Student Relations
(adapted from the WPA Code of Ethical Conduct)
Confidentiality. The relationship between student and teacher often involves the sharing of highly sensitive personal information. Respect for the student and for the relationship requires that teachers maintain such information in confidence. There may be occasions when, for the well-being of specific individuals and of the sangha, teachers may need to consult with other teachers or professionals concerning such confidences. On such occasions, teachers should strive to assure that such consultations are maintained in confidence and should inform the student in person and/or in writing of plans to seek a professional consultation. Despite the foregoing, if a teacher has reason to believe that a student has an intention to harm themselves or others, it is the responsibility of the teacher to inform the proper authorities as provided under applicable law. Each teacher also has an obligation to be aware of the applicable law with respect to reporting crimes disclosed during confidential communications.
Power. Teachers have an obligation to educate themselves about the subtle power issues that are inherent in the teacher/student relationship, as well as the potential effects of that power and its exercise on both teachers and others. Teachers should seek counsel from other teachers and professionals,as appropriate, about the use of power and the harmful effects caused by its abuse. Teachers should also encourage their sanghas to offer training about such issues and their dynamics. Teachers should be especially aware of the potential for subtle abuse of power that may arise in relation to their personal interests.
Right Speech. Mutual respect is foundational for an environment supportive of sound practice. Such respect is manifested when sangha members treat others with dignity and engage others truthfully and compassionately with a positive intention. Sangha harmony is promoted when the teacher models, and all members observe, the clear mind precepts regarding right speech: refraining from lies, self-serving talk, slander, angry or abusive speech, and apportioning blame.
Self-Awareness. Teachers should aspire to constant clarity of mind. They therefore have an obligation to engage in self-monitoring and self-care. Occupying the role of teacher can subtly undermine a healthy sense of humility. In turn, a lack of humility can impair one’s ability to recognize and live into the fullness of the responsibilities of being a teacher. For that reason, teachers should engage in activities that balance the teaching role with grounding in regular practice and study of the Dharma, leisure, engagement in family responsibilities, and the establishment of a relationship with another teacher with whom they can discuss and reflect on their work as teachers.
Boundaries. Teachers should not violate trust or use power and/or position for personal gain or self-satisfaction. The ultimate responsibility for maintaining appropriate and clear boundaries between teacher and student always rests with the teacher. When a teacher is asked to act in a capacity that calls for competencies beyond the teacher’s expertise, he/she will refer students to those with requisite expertise (e.g., mental health professionals, medical professionals, legal professionals).
Dual Relationships. Although not all dual relationships are harmful to students or the sangha, they have a significant potential to complicate student/teacher relationships and to undermine sangha harmony. Teachers should be alert to maintain appropriate boundaries and carefully consider the implications and dangers of dual relationships. Examples of dual relationships include romantic relationships, financial relationships, intimate friendships, therapeutic relationships, and professional relationships. Some dual relationships are unavoidable and may be tolerated when managed well through transparency and discussion with sangha members. In the event that a teacher and a student wish to engage in a romantic relationship, the student is encouraged to consider seeking another teacher.
Sexual Conduct. Because sexual relations between a student and teacher have serious potential for the subtle and overt abuse of power, for disruption of the sangha, and for consequent harm to all individuals and institutions involved, they should be avoided unless the teacher and a student are in a committed and publicly transparent relationship with each other. If a teacher and a student enter a sexual relationship, they should openly declare their relationship to the sangha. The teacher, student, and sangha should then strive for ongoing openness, particularly as respects the potential for this relationship might cause disruption within the sangha. The teacher has the ultimate obligation to assure that these guidelines are observed.
Sangha Code of Ethical Conduct. Teachers will ensure that information about both the individual sangha code and processes for complaint resolution and those of the White Plum Asanga are made known within their sanghas.
Processes. To ensure openness within the sangha, teachers and students will engage in processes, such as council, whenever needed, to address ethical issues.
Collegial Respect. When a student requests to study with a teacher, the teacher should inquire whether the student has been studying with another teacher and if this is the case, encourage closure wherever possible. When a student changes teachers, the new teacher shall comply with the WPA guidelines for such changes, which are attached. Teachers will not actively recruit students from other teachers. (see addendum for the WPA changing teacher policy)
Accountability and Governance. Maintaining the well-being of the sangha is the mutual responsibility of all members and requires active participation in governance by members. Teachers will support the sangha’s chosen governance structure and will act to further the goals of accountability and transparency in all areas, including finances, decision-making, and consideration of grievances, including allegations of ethical misconduct.
Transparency. Transparency is crucial to maintain balance and harmony within the sangha. Teachers will be alert to potential conflicts of interest with students and other members of the sangha and will act so as to avoid them, and any material conflicts of interest will be disclosed to sangha leadership immediately. VI. Conflict and Complaint Resolution We are committed to working through conflicts and difficulties that arise from violations of right conduct. Sangha members who bring conflicts or complaints concerning the conduct of any SMZ member to be addressed through our resolution process will not be subject to reprisal in any form and will be expected to participate in the resolution process. Please see the SMZ Conflict and Complaint Resolution Guidelines (below).
Approved by the Still Mind Zendo Board of Directors, March 2022
Conflict and Complaint Resolution Guidelines
In accordance with the encouragement of the White Plum Asanga (WPA), Still Mind Zendo (SMZ) has developed a Code of Ethical Conduct (above), much of which is based upon the WPA’s own ethical guidelines. In the event that a concern arises about a possible violation of that code of conduct by any member of the sangha, or in the event of conflicts between/among sangha members, the Board of Directors has established these Conflict and Complaint Resolution Guidelines. Our hope is that these guidelines will provide a compassionate and fair means to bring forth any concerns in a manner that is respectful and considerate of all parties involved, and which honors our ongoing practice of the Sixteen Bodhisattva Precepts and the practice of not-knowing.
The Resolution Committee
The Board of Directors appoints a Resolution Committee (RC) of three members (one of whom will serve as committee chair) for a term of three years. At least one member of the RC will be a member of the Board. Terms may be renewed. Membership should as far as possible reflect the gender and racial diversity of the sangha. The RC chair will be responsible for keeping records of the committee’s activities. The Resolution Committee chair reports to the board through email whenever a conflict of note arises, as well as at the board’s regular meetings. Resolution Committee members’ names will be posted on the SMZ website and in the Zendo.
Throughout any complaint process, the Resolution Committee and the Board of Directors maintain, so far as possible,
confidentiality in all matters pertaining to a complaint by limiting external communications to the parties to any complaint and significant stakeholders in the resolution of the complaint;
efforts to assure that neither the respondent’s nor the complainant’s reputations are unnecessarily impugned during the course of the investigation;
the avoidance of medical or psychological diagnosis of behaviors;
transparency of its processes by keeping all parties to a complaint regularly informed no more than every two weeks, even if the report is that there is nothing to report, and also as needed regarding the progress of a resolution effort.
Steps for Resolving Conflicts or Complaints
Step 1. Resolving Conflicts or Complaints Informally Between and Among Sangha Members: When a conflict arises between or among members of the Sangha, the persons should speak together informally and make every effort to resolve the situation within two weeks of any incident or perceived conflict.
We recognize there may be situations where speaking directly to another person is not advisable. When speaking directly is inappropriate to the situation or when attempts at speaking directly are unsuccessful, an SMZ member may contact a member of the Resolution Committee for assistance in setting up a facilitated meeting
If necessary, Step 2: Facilitated meeting: The Resolution Committee, or a single member of the committee, may offer to facilitate a meeting for both/all parties, or to help identify another facilitator. All parties to the complaint should agree on the facilitator. If such a meeting is inadvisable, or no resolution is reached through a facilitated meeting:
If necessary, Step 3: Submitting a Formal Complaint to the Resolution Committee: Formal complaints about any SMZ member (or any non-member regularly involved in sangha activities) may be made in writing to any member of the Resolution Committee. Complaints or concerns may also be raised by sangha members who may not be directly involved in alleged misconduct but claim to have witnessed it. Formal complaints should include:
The name of the person filing the complaint.
The name of the person or persons whose behavior the complaint concerns.
A description of the alleged behavior, including any attempts made to informally resolve the conflict or complaint.
A general statement about the resolution desired.
If a member of the Resolution Committee is party to the complaint, or is in a significant personal relationship to the subject of the complaint, he or she will recuse him/herself from discussion of the complaint, and the board will appoint a temporary member to partake in discussion about the complaint.
The chair of the RC will communicate with all parties to any complaint every two weeks about the status of any complaint, and any actions on the part of the RC and/or Board related to the complaint.
Step 4: Opportunity for Respondent’s Written Response: The Resolution Committee will share the formal complaint with the person named in the complaint. The person named may provide a written response to the formal complaint and submit this to the Resolution Committee.
Step 5: Assessing the Formal Complaint for Possible Egregious or Illegal Behavior: The RC will assess whether a formal complaint describes what would be egregious or illegal behavior (such as sexual harassment, significant financial impropriety, threats or threatening behavior, or any form of physical violence).
If the RC determines that the complaint does not describe what would be considered egregious or illegal behavior, the RC will continue to facilitate the resolution process (see Steps 6-9 below).
If the RC determines that the formal complaint does describe what would be considered egregious or illegal behavior, the RC will submit a copy of the formal complaint (and, if one exists, the written response from the respondent) to the Board of Directors. The RC will facilitate the resolution process (Steps 6-9, below), in regular consultation with the entire Board. If a board member is the subject of the complaint, or is in a significant personal relationship with the subject of the complaint, the board member will recuse him/herself from this and any future discussion of the complaint.
Step 6: Interviews with Parties to the Complaint: The members of the Resolution Committee interview all parties to the complaint about the alleged behavior. In matters which involve allegations of sexual misconduct, threats or threatening behavior, physical violence, significant misappropriation of funds, or other serious charges, the Resolution Committee will consult with the Board of Directors to the extent practicable concerning the appropriate process for fact finding. The Board will be responsible for seeking legal advice or counsel as necessary.
Step 7: Narrative Timeline: The members of the Resolution Committee will construct a draft of a narrative timeline, which should be limited to facts surrounding the events that have given rise to the grievance. The narrative shall include differences of interpretation of events that may arise from the differing perspectives of the complainant and the respondent.. All parties shall be invited to respond to the draft.
Step 8: Report: The Resolution Committee writes a report which includes:
The narrative timeline;
A summary of the ethical questions that arose in relation to possible violations of the SMZ Code of Ethical Conduct;
An overall assessment of the allegations of ethical misconduct; and
A clear, concise statement of the outcome of the investigation regarding the alleged ethical misconduct.
Step 9: Determination and Recommendation. In the case of formal complaints that do not involve allegations of egregious or illegal behavior, the RC determines whether the SMZ Code of Ethical Conduct has been violated and makes a recommendation to the board for appropriate resolution. In the case of formal complaints that do involve allegations of egregious or illegal behavior, the Board will make a determination and recommendations.
If the RC or board determines that there has been no violation of the SMZ Code of Ethical Conduct: both/all parties to the complaint will be notified of this determination.
If the RC or Board determines that there has been a violation of the SMZ Code of Ethical Conduct, the RC or board will make recommendations, and all parties to the complaint will be notified of the determination and recommended action.
If the RC (or Board) determines that the SMZ Code of Ethical Conduct has been violated, recommendations might include, but are not limited to:
private or mediated apology;
public acknowledgement and/or apology;
letters of amends;
financial restitution;
acts of service as amends;
mediated resolution (if both/all parties are willing)
recommendations for therapy or counseling;
temporary suspension of membership;
revocation of membership;
suspension or removal from teaching or other service to the sangha.
referral of the issue to an independent party for investigation and recommendation. Independent parties may include White Plum Asanga teachers or someone with expertise in the subject area of the complaint.
We acknowledge here the efforts made by other sanghas to establish clear resolution guidelines, and express our gratitude for having made these guidelines available publicly. In writing these guidelines, we have drawn on a number of practices, such as those followed by the White Plum Asanga, the Zen Center of Los Angeles, the Upaya Zen Center, and Clouds in the Water Zen Center.
Approved by the Still MInd Zendo Board of Directors, March 22, 2022