independent investigation Archives

September 8, 2018

Hollow words? An Analysis of Rigpa's Statement on the Results of the Independent Investigation

Rigpa’s response to the Lewis Silkin report on the results of the independent investigation shows a continuation of their methods of operation to date. Once again we see the kind of response given by expensive PR firms and sneaky lawyers, words that appear to say the right things and appear to tell us what we want to hear – and many will read it at face value and go away content (which is what they want) – but what does it actually say? Or not say?
The words of the report are in the quote boxes. The analysis follows each section.

5 September 2018
We acknowledge the gravity of the independent report that Rigpa commissioned last year following allegations of misconduct by Rigpa’s Founder and former Spiritual Director Sogyal Rinpoche, and thank the investigator and the witnesses.

This does not say that Rigpa accepts the findings of the report. This does not say that Rigpa thinks Sogyal Rinpoche or anyone in Rigpa has done anything wrong, even though the Report clearly concludes that there has been “serious physical, sexual and emotional abuse” by Sogyal Rinpoche and misconduct by Senior Rigpa Individuals “who were aware of at least some of these issues and failed to address them, leaving others at risk.”

We feel deeply sorry and apologise for the hurt experienced by past and present members of the Rigpa community. We are contemplating on our role as an organisation, and how we may have contributed to this situation. We will do everything we can to reach out to, and support everyone who has been affected, and take full responsibility for ensuring that Rigpa provides a safe environment for all. These are our heartfelt commitments.

This does not say that Rigpa accepts that Sogyal Rinpoche or anyone in Rigpa has actually harmed anyone, despite the conclusions of the Report and the evidence presented there. They still only apologise for hurt “experienced” not for the hurt they and Sogyal caused. The inclusion of the word “experience” also reminds cult members of the subjective nature of the victims’ perception, something that reinforces the Rigpa ‘party line’ that the problem is with the victim, not with the perpetrator.
And they do not commit Rigpa to anything specific, instead they use the same vague soothing language they are so well known for – “reach out to”, “support”, “safe environment,” “heartfelt” – and they are only “contemplating on” their role, not admiting that they actually did have a role in the harm, and neither are they taking any actual responsiblity for it.
The only thing they are taking responsibility for is “ensuring that Rigpa provides a safe environment for all.” I seem to remember hearing something similar to this kind of committment from them in the past, all while the abuse continued. They will point to their code of conduct as one way they’re doing that, but there are serious loopholes in that code.
Their use of the words “taking responsibility” might lead people to think that they’re taking some responsiblity for the harm, but if you read carefully, you’ll see that they’re not.

The findings in the report will affect many people. It will take time for all of us to reflect on the report’s contents.

They have had the report since August 22^nd and we have been told, via Rigpa streaming, that 30 individuals have been involved in developing this response. How much time do they need to come up with something more specific than this?

Rigpa commits to act upon the report’s recommendations. We will move forward in consultation with our community.

This is a key paragraph. It does not commit Rigpa to implementing any of the recommendations in the report, although it gives that appearance. They commit only to “acting upon” the recommedations; they do not committ to implementing them. Acting upon can be as vague as considering whether or not they will actually implement them.

In the face of the allegations, last year Sogyal Rinpoche retired definitively as Spiritual Director of Rigpa, and now has no organisational role in Rigpa.

Sogyal Rinpoche’s main role in Rigpa is not and never has been “organisational”. He resigned only as spiritual director. He has not resigned from his position as the community’s guru and has stated himself that he is still their teacher. He gave a teaching on devotion to the Dzogchen Mandala retreat recently, and has been giving “messages” to the sangha at all the retreats held since his stepping down as spiritual director.
Why use the word “definitively”? It’s completely unecessary. He has either retired or he hasn’t. The only reason why this word, which unecessarily emphasises the fact of his retirement, would be included is to make the reader think that this is the separation suggested in point 2 of the report recommendations – “Rigpa should take steps to disassociate itself from Sogyal Lakar as fully as is possible.”
Full dissociation is not him retiring, it’s Rigpa no longer taking him as their teacher. It’s them denouncing his behaviour and ceasing using his teachings as the core of their programs. It certainly isn’t having him give a streamed teaching to a retreat.

Rigpa has already undertaken a number of significant steps in the last twelve months:

A new Vision Board was appointed, guided by spiritual advisors, and Rigpa boards have agreed a new decision-making and governance structure;

The Vision Board was appointed in consultation with teachers, Khenpo Namdrol and Orgyen Tobgyal Rinpoche, who have made it clear that they think Rigpa students who have spoken out are samaya breakers and possessed by demonic forces. The Vision Board was then approved by Sogyal Rinpoche himself. It is contains students who knew about and enabled the abuse. It should be disbanded.

Our community has taken part in an international process to put in place a strong Code of Conduct published in June 2018. We have also just completed our grievance procedure, that includes an independent Grievance Council of senior western Buddhist teachers that will receive complaints brought by Rigpa members and the public;

The Code of Conduct is weak. Amongst other things, it allows sexual relationships between teachers and students and makes vague reference to a different unspecified code for Vajrayana and Dzogchen students which students will have to agree to if they want teachings at this level. No grievance procedure has been published.

And we set up this independent investigation for complainants to come forward, and be listened to in an open, impartial and sensitive way.

Rigpa was forced to set up the investigation due to the seriousness of the complaints. It was also forced to agree to make it public because witnesses refused to participate otherwise. This was not a voluntary Rigpa initiative, and yet they list it as if it were an achievement on their part.

We are committed to continuing the process of healing, reconciliation and change. To acknowledge the importance of this process of healing and change, senior members of management are stepping down from their positions of governance.

This is another key paragraph. It only refers to positions of governance. Senior Rigpa Individuals identified in the report as having been, “aware of at least some of these issues and failed to address them, leaving others at risk”, have many roles in Rigpa, not just governance. Rigpa received this report on August 22^nd. Witnesses P, N and O should have been removed from all their positions, or at the very least suspended, on August 23^rd, at the latest. That is what would have happened in any properly run organisation.
Again it is vague. Who are these senior members of management? What positions are they stepping down from? And what ones will they retain?
Update from Sangha connection newsletter sent out 30 mins ago:
“Patrick, Philip and Dominique will no longer hold any position of governance in any Rigpa entity by the end of November. Patrick and Philip will also step down from the Vision Board. The next elections of the Chapter of the Lerab Ling Congregation are scheduled for November this year. Dominique Side has decided to retire as Superior of the Congregation so she will not be a candidate in these elections.
These steps will come into full effect by the end of November, 2018. All three remain committed to supporting the sangha and Rigpa’s vision in whatever way may be appropriate and helpful.
Patrick sent the following message to share with the sangha:
“I have read the report of the independent investigation and I am deeply troubled by its findings. I feel a real and genuine concern for anyone who feels hurt or damaged by their experience in Rigpa. For the last forty years, I have tried my hardest to serve the Rigpa community responsibly and with integrity, and the best interests of the Sangha and Rigpa’s work have always been foremost in my heart. I have done my best to help support anyone experiencing difficulties or problems of any kind. If there have been any failings on my part to understand the nature of complaints that were made, or to listen or to act, I am truly sorry… ” and there is more.
These three are not the only people that should be stepping down, however.
Now back to the statement:

Rigpa’s goal has always been, and continues to be, to offer a complete spiritual path, to invite many teachers, especially from the “Ancient” Nyingma tradition of Tibetan Buddhism, and to offer the Buddhist teachings of meditation, compassion and wisdom to the modern world.

If Rigpa had addressed the problems, laid out clearly and forensically in this excellent Report, when issues were first brought to Senior Rigpa Individuals’ attention, as described in some detail in the Report, then Rigpa would still be in a position to achieve this goal. Due to not addressing these problems in the past, Rigpa now has to consider, as stated in the Report’s recommendations, if it will be “possible for the organisation to move past these events and operate sustainably and successfully in the future.”
It may not be possible. Particulary when we have a conflict of values between this “Ancient” fuedal tradition and the modern world. Do they really think that reverting to a fuedal system of masters and slaves that we gave up in the West centuries ago is what’s best for the modern world?
Finally, the statement is from the “Vision Board, Rigpa Boards, and the boards of Lerab Ling and Dzogchen Beara.” If any of you still trust the members of these boards to tell you the truth, to act with integrity, or to have your best interests at heart, remember this: these boards still include individuals who were identified in the Report as “senior individuals within Rigpa who were aware of at least some of these issues and failed to address them, leaving others at risk.”

Current and previous students of Rigpa can participate in private discussion on this and other related topics on our What Now? Facebook Group. If you’re interested in joining, please contact us via the contact page and ask for an invite.
Anyone who has left a Buddhist sangha that had an abusive teacher can join the Beyond the Temple Facebook Group. The focus in this group is not on the abuse, but on ourselves and our spiritual life as we recover from our experience and look to the future. Click here and request to join.
The What Now? Reference Material page has links to a wealth of articles in the topics related to abuse in Buddhist communities. For links to places to assist in healing from abuse see the sangha care resources page.
Those of you who are interested in ‘keeping Buddhism clean’ could ‘Like’ the Dharma Protectors Facebook page, which posts links to related articles as they come to hand.

September 5, 2018

Lewis Silkin Report Released.

The results of the Lewis Silkin investigation into the abusive behaviour outlined in the letter to Sogyal Rinpoche written by 8 students in July 2017 was released a short time ago.
You can download the 50 page Lewis Silkin report here and you can find the French translation on the Rigpa website along with the introductory part, including the Executive Summary and Recommendations, in German, Spanish, and Italian.
Please note that the full report might be distressing to some people as it addresses serious issues including violence and sexual misconduct. Those traumatised by such abusive behaviour may find some of the content retraumatising.
I would like to express, on behalf of all interested parties, our deep gratitude to everyone who has spoken out about the abuses and in particular to those who spoke to Karen Baxter and helped her to make a report that reflects the truth.
May this report be a catalyst for genuine progress in removing abuse and the acceptance of abuse not only from Rigpa but also from Tibetan Buddhism as a whole.
Here are just the Executive Summary and Recommendation part of the report for your quick perusal.

Executive Summary

Whilst I have seen evidence that many people feel that they have benefitted greatly from having Sogyal Lakar as their teacher, individual experiences are very different. There are varying degrees of closeness to Sogyal Lakar, with the closest relationships regularly referred to as the “inner circle”. The experiences of some of the members of the inner circle are very different from the experiences of many of those who are less close.
Not all of the allegations against Sogyal Lakar are upheld, as explained in the body of the report below, but based on the evidence available to me, I am satisfied that, on the balance of probabilities:
a. some students of Sogyal Lakar (who were part of the ‘inner circle’, as described later in this report) have been subjected to serious physical, sexual and emotional abuse by him; and
b. there were senior individuals within Rigpa who were aware of at least some of these issues and failed to address them, leaving others at risk.”

A number of serious concerns arise out of my findings which, in my opinion, must be addressed. Recommendations and proposed action points are set out at the conclusion of this report.

Recommendations

I have been asked to set out any recommendations that I have for change within Rigpa as a result of my findings. My practical recommendations are set out below. Should they be accepted, there will be detailed work to be done in implementing the recommendations across the Rigpa organisation, which operates in a number of different territories. It will be necessary in a number of respects to take into account local laws, regulations and guidance in each such territory as well as having regard to the legal personality and governance structure through which Rigpa operates in each territory.
There are also a number of matters which may require further investigation before the Rigpa leadership is able to reach final decisions in relation to this overall matter. The possibility of such further investigations is referred to at various points above.
Before moving to implement the recommendations below, my view is that the leadership of Rigpa should consider first the overall effect of these findings on its mission and work as an organisation. In the United Kingdom, for example, the trustees would need to consider whether the findings of the report, the resources required to act on the recommendations and the degree to which the work and profile of Rigpa has in the past been closely associated with the persona of Sogyal Lakar, make it possible for the organisation to move past these events and operate sustainably and successfully in the future. Appropriate advice should be taken on this and it should be noted that in raising this issue for the trustees I do not seek to guide their decision either way, such guidance being outside the scope of my investigation and remit.
Assuming that the Rigpa leadership concludes that the appropriate overall course is to put in place structures and procedures to ensure that its work as an organisation can continue in the future without the risk of harm, I recommend the following:
1. Sogyal Lakar should not take part in any future event organised by Rigpa or otherwise have contact with its students;
2. Rigpa should take steps to disassociate itself from Sogyal Lakar as fully as is possible (having regard to any legal arrangements which may for the time being connect the organisation with him);
3. Rigpa leadership in each country (being the trustees or equivalent) and the Vision Board should, as necessary, be refreshed in order to ensure that;
a. its members are unconnected with the harmful events referred to in this report and so can credibly lead the programme of changes required;
b. its members are all publically committed to the concept that abuse will not be tolerated by anyone, or against anyone, within Rigpa (including teachers); and
c. wherever possible, the leadership should include some members who are unconnected with the student body, for example lay trustees as such would be recognised in the United Kingdom.
4. Professional management should be appointed at each major Rigpa centre. Wherever possible, the management team should include some members who are not part of the student body. Care should be taken to ensure that all members of management are able to perform their responsibilities and are not inhibited in doing so, for example, as a consequence of considering themselves bound to demonstrate ‘unwavering respect’ towards the guru.
5. An appropriate risk assessment addressing the whole range of the organisation’s activities should be conducted and regularly refreshed. The risk assessment should specifically address teaching practices which are, or have been, associated with the Dzogchen Mandala – careful, well guided judgments will need to be made on the future use of such practices in the organisation’s work. For the avoidance of doubt any practice amounting to abuse of a student should never be tolerated.
6. A comprehensive and written safeguarding policy should be put in place to ensure that:
a. sexual relationships between teachers and students are either prohibited entirely, or subject to specific safeguarding measures to ensure there can be no abuse of power;
b. any ‘lama care’ that is deemed to be necessary is carried out in a way which ensures the health and safety of those providing these services is adequately protected;
c. mechanisms for the confidential reporting of concerns are clear and can be easily found by those with concerns;
d. reports of any incidents and allegations are recorded and stored in a secure and proper way;
e. incidents and allegations are promptly investigated in accordance with the policy with appropriate follow up action taken;
f. consideration is given to reporting serious incidents to relevant law enforcement authorities and/or regulators; and
g. the management and leadership of each Rigpa entity is aware of and properly trained in its responsibilities.
7. An abuse helpline outside of Rigpa should be set up, in addition to the internal reporting mechanisms made available.
8. To the extent that it has not done so already, Rigpa should review its fundraising activities to ensure that these are compliant with local laws and regulations. This review should specifically include contexts in which Rigpa events such as retreats may be used as an opportunity for third parties such as external speakers to raise funds for other causes and/or invite gratuity payments on their own behalf. There should be absolute clarity on the proper uses of all such funds.
9. A clear approach to the engagement of speakers and teachers should be established which ensures that they are aware of relevant policies, including the safeguarding and fundraising policies, before having contact with students.
10. So far as is consistent with the wider financial responsibilities of Rigpa, a fund should be created to provide professional counselling to those affected by abuse.
11. An appropriate programme of communications related to the above steps should be undertaken with the letter writers, students and the wider Rigpa community. In addition to a first communication setting out Rigpa’s commitment to a safe and secure environment for all students and the steps to be taken in achieving that, regular updates should be given until the programme of changes has been completed.
12. Rigpa’s leadership should consider (taking further advice as necessary) the extent to which it is obliged to report any of the matters set out in this report to law enforcement authorities or relevant regulators in each applicable jurisdiction.

Karen Baxter, Partner, Lewis Silkin LLP
22 August 2018

Rigpa’s Response?

Click here to read the statement_from_Rigpa on the results of the independent investigation
Unfortunately there is no indication in this statement that Rigpa is taking a different approach to the one they have taken over the last year. The language is the same as what we’ve heard before and of as little substance. They do say that ‘Rigpa commits to act upon the report’s recommendations,’ but what they mean by that remains to be seen. Excuse my cynicism, but I have good reason for it since saying one thing and doing another and outright lying is something we’re all familiar with from Rigpa management. So far their words of healing and reconciliation have only extended to those still in the organisation. The only new thing is this ‘To acknowledge the importance of this process of healing and change, senior members of management are stepping down from their positions of governance.’ We are not given names, however. Why so vague when they have had 14 days with the report already? Plenty of time to work out who has to leave in order to follow the report’s recommendations.

Looking to the future – a message for Rigpa management

Here is an opportunity for Rigpa to truly make a fresh start. Come on my vajra family, you can do it! Find the courage of a true bodhisattva and work for the dharma, the true wisdom and compassion in Tibetan Buddhism, not the religious power structures that faciliate this kind of abuse; clean it up, remove the fuedalism and acceptance of abuse that stains the tradition so it can benefit countless future generations.
Stop acting merely to protect your status, your financial and time investment, your organisation, your religion, and your disgraced teacher. Be bigger than that; see further. And to do that you will have to stop listening to fundamentalist lamas cast in the same mould as Sogyal. Accept that the lineage is not as pure as you think it is and that the beliefs that faciliated this acceptance of abuse have no place in the modern world. Be willing to leave them behind for they cause more harm than good.
Instead show that you understand the real point of the dharma by using your own intelligence and connecting with your own deep wisdom and compassion, and give us more than vague, sweet-sounding words that you seem unable to live up to.
This is your challenge. It was always your challenge. You have failed to grasp it so far. But you can do it now if you can muster up the vision.