Investigation Details Released

Merry Christmas!

On the 22nd December Rigpa International Investigation & Reconciliation Committee sent the long-awaited communication to the sangha about the investigation along with two attachments, one from An Olive Branch and the second an agreement with Lewis Silken lawyers. I mentioned the announcement of Rigpa US engaging An Olive Branch in a previous post, now let’s look at the rest of the letter.

A shift?

My first impression was that the letter included points that could indicate a shift in attitude.
In mention of where their concern lies, the authors of the letter are specifically included in the community as a whole, and saying “we are all still very much connected to each other” indicates a breaking down of the ‘us and them mentality’. An Olive Branch’s involvement is certainly a shift, and proof of their commitment to true healing and reconciliation would be inviting all those who have left to the An Olive Branch sessions.
I found this part encouraging, “It has become clear that we need to work together to understand how, over the years, we got to where we are.” This kind of examination is what I’ve been asking for. Only action will show how deeply this will go, but least the intention is now there to actually examine.
The Rigpa US board appeared to have a shift after meeting with one of the US authors of the letter at the Ventura retreat. They also sent a letter to the 8 authors in which they presented the details of the investigation and asked them to participate. In this letter they mentioned regretting not reaching out sooner and admitted that their confusion about what to do had obscured their ability to genuinely help. They also made further admissions that I don’t feel at liberty to mention here that were a major step forward and indicated a new honesty in communication.

Or not?

However, they have not made these admissions public, and the communication to the worldwide sangha from the Rigpa International Investigation & Reconciliation Committee had no such admissions and lacked the honesty and compassion evident in the US letter. It came out one day after the 8 received details of the investigation, giving them no time to respond before it was made public, and it gave no indication that their participation was voluntary, thus colouring the sangha’s perception of the situation and subtly coercing the 8 into complying. This along with the fact that they were never consulted about the planned investigation, were given only 10 days to make a decision, and it all happened at the busiest time of year gives this initiative the feeling of “compelled disclosure”.
University of Oregon trauma psychologist Jennifer Freyd, a pioneer in the fields of “institutional betrayal” presents, with good evidence, that victims are further harmed when the institutions that betrayed them play a leading role in any “fact-finding” or reconciliation process. Such a process, she suggests, continues the power imbalance, recast as healing.
http://dynamic.uoregon.edu/jjf/disclosure/requiredreporting.html
Though Rigpa international is not the client in the investigation (Rigpa UK and US are), they were responsible for booking it without consultation with the 8 authors and presumably had a say in setting up the terms and scope of the investigation.
The language in the newsletter goes from invitation:
“We are offering the eight letter writers the opportunity for a compassionate forum to share their observations and experiences in an unbiased and confidential interview.”
to coercion:
“The scope of the investigation is international and will include all eight complainants.”
The assertion that the 8 will participate the day after they were introduced to the idea is an extension of the consent violations upon which the culture of abuse was built.
The continued use of the word ‘allegations’ is significant also for those harmed. It is used when an accused is denying wrongdoing because it has not been proven to be true, and yet those who have set up this investigation are implicated in covering up the actions and KNOW THEM TO BE TRUE. They have never denied them and have even been so audacious as to hide behind statements characterizing them as beneficial, blessings and training rather than various forms of abuse of power. Stating that they need to gain a full understanding of what has happened and who was involved or aware of it is an insult to those harmed.
Thus, once again, the way this has been handled by Rigpa international could be a cause of re-traumatisation.
The language in the letter of introduction from the lawyer to the 8 was not like this, nor was the letter from the US Board that they received. The lawyer clearly understands that the process might be traumatic for the 8 and gives personal assurances of her integrity, and the US Board letter acknowledges that the investigation might raise doubts and be uncomfortable, and both asked rather than assumed participation. However, the Rigpa International newsletter to the sangha exhibits the same behaviour that we have continuously called out and continues to cause divisiveness, lack of trust, fear, and unwillingness to participate in any forum of “healing”. Without honesty and admission from those who know the attestations are true, their words will continue to be met with suspicion.
This difference between Rigpa US’s communication to the 8 authors and the International letter to the sangha reminds us that ‘Rigpa’ is not one thing, but many people with many different views, and the national boards and individuals do not necessarily feel the same way as Rigpa International. If International and other national boards took the same honesty and compassion as showed by the US board in their recent communication to the 8 authors and made those admissions public, real change might still be possible.

Assurances

The communications give many assurances about the investigation, and students are given an email address, a new one, so we can ask questions about the investigation. The letter to the 8 from the lawyer makes it clear that she will only act in an objective and impartial manner with due respect and sensitivity, mentioning how important this is for her own personal and professional integrity, and there appear to be adequate safeguards to assuage concerns regarding legal and confidential matters.

The report

The letter to the sangha from Rigpa International says: “The outcome and recommendations of the report will be shared, in a manner to be determined, with the Boards of all Rigpa organizations worldwide.” The letter to the 8 from the US Board, however, says that the report will also be shared with the 8. So which are we to believe, the private letter or the public one? Neither letter says they will share it with sangha or the public.
Here’s the kind of report we can expect. This is a link to the Lewis Silken report on the Kevin Spacey case for the Old Vic Theatre https://cdn.oldvictheatre.com/uploads/2017/11/THE-OLD-VIC-PRESS-STATEMENT-FINAL-16.11.17.pdf
As you can see it is pretty light weight and non-conclusive and Rigpa could ignore the recommendations if they wish. Is this going to actually help in achieving the overall goal of “restoring peace and harmony”? These lawyers cost a great deal of sangha members’ money, money that could be better spent elsewhere.

A concern

On the surface the letter to the sangha and the terms of the investigation seem all very reasonable, and granted to not investigate may be damaging to Rigpa in regard to maintaining their charity status in some countries, but we need to be clear that this is only an investigation “to ascertain in more detail the specific allegations.” It is not an investigation of Sogyal Rinpoche’s behaviour or of the organisation that supports him, only a mission to get more detail on the allegations. But the letter from the 8 is quite clear. What more is there for them to add?
The Lewis Silken agreement sent to the sangha says that people other than the 8 such as senior management will only be interviewed if the lawyers “deem it appropriate” and if it is “achievable within the fee budget”. There is no mention of Sogyal being interviewed at all. This seems to be a gross oversight.
Lewis Silken found in their investigation of the Kevin Spacy case for the Old Vic: “It has also not been possible to verify any of these allegations, and it is important to note that Kevin Spacey has not commented on them. The review cannot therefore make any findings of fact about the alleged misconduct.”
Without interviewing others apart from the 8, because only one point of view is being heard, it is not possible to verify anything and so impossible to make any findings of fact. An outcome such as this is not guaranteed, because they may interview management, but the actual terms of the investigation as stated in the agreement appear somewhat skewed towards finding no ‘proof’.
The letter of introduction to the 8 from the lawyer, however, says that is likely that the investigation will move on to interview other members of Rigpa and even Sogyal Lakar, so which is correct? Rather than reassure, this discrepancy only creates more confusion and distrust.

The assumption

The huge assumption is that the 8 will participate in this compelled disclosure, but why should they?


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