Ethics and Reconciliation Council Guidelines (11-10-2019)
Introduction
In 1990, teachers from Spirit Rock, Insight Meditation Society, and Gaia House agreed to an ethics and reconciliation procedure and a Teacher Code of Ethics to foster an environment of responsibility and integrity in the community. The following document utilizes this 1990 document as an inspiration. As Mountain Stream continues to grow, it is appropriate to establish an Ethics and Reconciliation Council and a Teachers Code of Ethics.
Guidelines
Conflicts will inevitably arise within our community. The health of our community is not measured by the presence or absence of conflict, rather by our willingness to find effective, responsible, and compassionate resolution of interpersonal tensions when they arise. The intention to attend to and learn from conflict is a clear application of Buddhist practice in our daily lives. Without this intention, practice can become simply a comfort rather than a deep transformative vehicle for our lives.
Buddhist conflict resolution is not based on right and wrong, blame or guilt, winning and losing, offenders or victims. Rather, it is based on addressing the suffering of all concerned. Hurt, fear, and anger are taken seriously through forums where everyone may speak honestly, safely, and completely about their own direct experiences and feelings. In seeking resolution, Buddhist practice values dialogue over silence, reconciliation over estrangement, forgiveness over resentment, confession over accusation, and atonement over punishment. Because the process of reaching such resolution is often difficult, the Ethics and Reconciliation (EAR) offers support.
The EAR Council is a group of three Mountain Stream Practitioners, respected for their integrity, who are available to any community member requesting help in dealing with conflicts and grievances within the Mountain Stream community. The EAR facilitator recommends Council members to the Mountain Stream Board. The Mountain Stream board appoints the Council members.
The Council’s primary role is to provide confidential consultation to anyone with ethical concerns. The Council may function
a) As a sounding board for a Sangha members concerns
b) As a source of questions to facilitate deeper personal reflection
c) As a source of advice on how best to resolve the conflict
d) And/or as a facilitator of useful discussion between interested and willing parties in conflict
To avoid compromising its role as an impartial friend to all community members, the EAR Council will not be involved in deciding individual disputes, as this is not the end goal. The end goal is healing and processing.
Participation of Sangha members with the Council is always voluntary. The Council will never summon anyone against their will to appear. Sangha members may be invited to participate, and they may accept or decline the invitation. Any participant is free to end their participation at any time. Sangha members who decline to participate, or end their participation will not be thought less of. Participation must always be free and voluntary.
Any Sangha member may approach any EAR Council member for consultation. The EAR Council member will notify the full Council, and the Council will determine how it can best be of service to the party or parties concerned and, if appropriate, the Sangha as a whole. Other procedures, such as outside mediation, may sometimes be recommended.
Grievance Procedure
An important function of the EAR Council is to encourage an intention of mutual respect and reconciliation when conflict arises in our community. In the rare occasion when a more formal process is necessary, the following grievance procedure is available.
1. Bringing A Concern
A formal grievance procedure is initiated by submitting a letter of request to the Council that includes:
A statement that a formal grievance procedure is requested
The name of the person(s) whose behavior the complaint involves.
A detailed description of the alleged behavior so the EAR council can decide if the complaint is appropriate for initiating a formal grievance procedure.
A history of attempt(s), if any, to resolve the complaint through other means.
A general statement about the resolution desired
2. Accepting the Concern
The EAR Council will decide whether to accept the request and will convey its decision within two weeks to the parties involved. As part of this notification, the Council will state its understanding of the issue under inquiry and will distribute a copy of the original letter of request to the party named in the complaint.
3. Hearing the Concern
When a complaint is accepted, the EAR Council will investigate, issue findings and render a decision on the complaint.
4. Investigating the Concern
The facilitator schedules closed hearings where all parties are given a chance to present their understanding of the issue under investigation. The EAR Council may question parties and request additional information. The facilitator will document the proceedings. The EAR Council may ask other people to provide information pertinent to the complaint. All parties will have a full and fair opportunity to respond to all information, oral, written, or other, gathered by the Council. The proceedings and all pertinent documents will be held confidentially, not only for the duration of the proceedings, but in perpetuity, unless a court requires disclosure.
5. EAR Council Findings
When the EAR Council members are satisfied that they are adequately informed, they will review and discuss the case among themselves. At its discretion, the Council may seek non-binding advice from any other source who agrees to hold the matters discussed in confidence. The Council’s decision should be reached by consensus. In unanimity cannot be reached, both a majority and minority decision may be reached. Within two weeks of a decision(s), all parties will reconvene at which time the Council will distribute copies of its written findings and read them aloud. For matters involving the potential suspension of a Mountain Stream teacher, the Council may consult with the Mountain Stream Board to determine the best course of action.
6. Relationship with Mountain Stream Board of Director
The EAR Council will inform the Board of current issues as they arise. Great care to guard the privacy of the individuals involved will be taken.
To contact the Ethics and Reconciliation Council: