Governance and Safeguarding
Insights and Learnings from a Journey
In July 2017, serious complaints were raised regarding the relationship of Rigpa’s founder, Sogyal Rinpoche, with some of his students. In response to the complaints, Rigpa undertook a number of reforms. Alongside taking practical measures, we have reflected on how we contributed to this situation as a community. More about our insights and learnings from this journey can be found here.
If you, or someone you are in contact with, need support, several avenues are available to you. Find out more here.
Code of Conduct
Introduction
The Rigpa sangha is an international community of individuals following the Tibetan Buddhist tradition. Together, we endeavour to study, practice and embody the principles of peace, compassion and wisdom as taught by the Buddha and transmitted to us by many great masters, both past and present.
Extensive advice about ethical conduct already exists within the teaching of Buddha. Here, we summarise certain key features while providing practical guidelines to clarify what is expected of all who participate in Rigpa events and activities. Everyone, in fact, who participates in Rigpa has a responsibility to conduct themselves in accordance with the laws of the land and the values outlined in this Rigpa Code of Conduct.
In setting out certain values and standards of behaviour, we hope the Code of Conduct will not only serve as a basis for education and training, but also inspire individuals to reflect on their own behaviour in the light of contemporary secular and Buddhist ethical standards. In plain language, the Code seeks to identify unacceptable kinds of behaviour, and equally establish a straightforward pathway for reporting breaches of conduct and resolving grievances.
Over several months, the international Rigpa community took part in a series of workshops and discussions, and had opportunities to submit feedback on these issues. Their combined input was distilled into a broad set of Shared Values and Guidelines, which are rooted in the wisdom and compassion of the Buddhist path,
and complement the Code of Conduct. Rigpa role holders and representatives are required to sign the Code of Conduct and take part in regular training in ethical behaviour, to include topics such as recognising misconduct, receiving complaints and dealing with grievances.
In addition to the Code of Conduct, a grievance process has been developed, that is easy to use, with options for resolving conflicts, receiving formal complaints and making recommendations on misconduct to boards and national teams. Rigpa will set up national councils to offer advice on resolving grievances and to investigate breaches of the Code. The ultimate arbiter will be an international council with external members nominated by renowned Buddhist teachers.
Rigpa is committed to creating a culture where every person feels confident and empowered to give feedback fearlessly, express their concerns and report unethical behavior.
The Code and the Shared Values and Guidelines have been adopted by all the boards of the Rigpa organisations, and will be reviewed periodically.
Code of Conduct
Rigpa is an international community of individuals following the Tibetan Buddhist tradition. It is our shared wish to create a safe environment for the study and practice of the Buddhist teachings, one where we all feel a sense of responsibility for each others’ well-being and spiritual path.
Whatever their participation or role in the activities associated with Rigpa, everyone has a responsibility to conduct themselves in accordance with the laws of the land and the ethical behaviour outlined in this document.
- To care for others, ourselves and our community we are committed to:
Acting in ways that are kind, loving and non-judgmental. - Being aware of our actions and the way we may affect others.
- Acting in ways that are not aggressive or intimidating. Harassment and bullying of any kind are not tolerated under any circumstances.
- Never treating anyone in a way that might cause physical harm or psychological trauma.
Teachers, instructors and anyone representing Rigpa at any level also commit themselves to:
- Holding as their highest priority and motivation the welfare of the individual student, the Rigpa community and the Buddha Dharma as a whole.
- Not entering into an intimate relationship with a participant during an event, retreat, course, or any situation during which they are in a position of authority. In other circumstances, any intimate relationships are expected to be based on mutual respect and openly acknowledged, meaning non-secretive.
- Taking part in regular training in ethical behaviour, which will include recognising misconduct, receiving complaints and dealing with grievances.
- Board members and members of management teams are also pledged to the highest standards of charity governance, to adhere to the requirements of statutory regulators, and to maintain the highest standards of financial transparency.
Everyone in Rigpa is encouraged to clarify or report a breach of conduct by following the Rigpa Grievance Procedure.
The Code of Conduct document will be signed by everyone with a role in the activities associated with Rigpa. The Rigpa Sangha has also developed a fuller set of Shared Values and Guidelines. Both are living and collaborative documents that will be amended and updated from time to time.
June 2018
Shared Values and Guidelines of the Rigpa Community
The Rigpa community is committed to the highest standards of care and ethical conduct and expects its members to abide by the Rigpa Code of Conduct and the laws of their particular country.
In 2017-18, the international Rigpa community took part in a series of workshops and discussions, and was able to submit feedback on a number of areas. Their combined input was distilled into the following set of Shared Values and Guidelines, which are all anchored in the wisdom and compassion of the Buddhist path.
These Shared Values and Guidelines apply to the Rigpa community at large, and include Rigpa members and anyone with a role in the activities associated with Rigpa—such as employees, contractors, volunteers, instructors, teachers and visiting teachers from other organisations.
The Shared Values and Guidelines inform but do not override the Code of Conduct.
This document includes:
1) General guidelines for the whole Rigpa community
2) Specific guidelines for those representing Rigpa, and
3) Guidelines specific to instructors, to teachers and to boards and management teams.
Besides these guidelines, practitioners are naturally encouraged to honour the Buddhist vows they may have taken, whether vows of individual liberation, bodhisattva precepts or vajrayana commitments.
For the whole Rigpa community
Commit not a single unwholesome action
Cultivate a wealth of virtue,
To tame this mind of ours,
This is the teaching of all the buddhas.
—The Buddha
Refraining from Harm
Based on the view of interdependence and an understanding of karma—the law of cause and effect—we recognize that all our actions, words and thoughts have their corresponding consequences, and we strive to avoid harm of any kind. This means:
- We aim to provide an environment that is safe and supportive for everyone. Therefore, we avoid any action done with an intention to harm, or that could cause physical, emotional or psychological harm.
- Our goal is an environment free of discrimination of any kind, whether based on race, age, ethnicity or national origin, religion, gender, gender identity, sexual orientation, or disability.
- We respect others’ personal limits and boundaries, and take care of ourselves by communicating our own.
- Any instances of upsetting behaviour, intimidation, bullying or physical or psychological harassment need to be identified so they can be stopped immediately.
- We take special care to safeguard those who are particularly vulnerable, including children and vulnerable/dependent adults. Safeguarding policies are maintained by the Rigpa national boards as required in each member country.
- We refrain from: taking anything that is not freely given; taking advantage of anyone or cheating them financially; and being careless with sangha resources or using them for personal gain. This includes using Rigpa materials or data without permission, and so violating copyright or breaching confidentiality.
- As practitioners on the path, we take great care to conduct relationships with awareness and kindness. Sexual harassment of any kind, unwanted sexual advances or improper behaviour will not be tolerated within our community.
- Mindful of the damage caused by lies, hurtful words, divisive communication, and thoughtless gossip, we make a point of speaking truthfully, with kindness, awareness and attention to the impact of our speech.
- Recognizing that intoxication can jeopardize our ability to act with awareness and compassion, we refrain from becoming intoxicated by drugs or alcohol while involved in any Rigpa activity.
- The Rigpa community endeavours to reduce our harmful impact upon the environment.
Working for the Welfare of All
At the heart of everything we do lies bodhichitta: the compassionate wish and commitment to bring ourselves and others to complete awakening—a state of lasting peace and happiness, and freedom from all suffering. This we do by training the mind in love and compassion, by understanding our common humanity, putting ourselves in other people’s place and minimizing self-centredness.
- Always keeping in mind this common purpose, in all our interactions, we relate to other people with respect, friendliness and kindness. We make an effort to benefit others.
- We strive to create an atmosphere of trust and cooperation, where every individual feels valued, has a way to participate, and feels a sense of responsibility for each other’s welfare.
- Whatever happens in life, whether happiness or misfortune, we seek to transform it into the path toward awakening and into an opportunity for deepening compassion, for ourselves and others.
- In recognition of the fundamental goodness of all beings, we treat ourselves and others with dignity and respect. This means being patient, courteous and encouraging with others who make suggestions or express viewpoints other than our own.
- We care for our community, and we support each other on the path, and in our study and practice of the Buddhist teachings.
Training the Mind
We recognize our freedom to work skillfully with thoughts, emotions and perceptions through meditation and reflection, so as to clarify confusion and give rise to wisdom.
- We examine our motivation deeply, looking at the consequences of what we think, say and do.
- In order to tame, train and transform our minds, we set aside time to study and practice the teachings of Buddha.
- As often as we can, we examine our minds, to undermine habits of clinging, hostility and indifference, and enhance qualities of faith, self-discipline, generosity, study, decency, self-control and wisdom.
Entering the Vajrayana Path
- Individuals who choose to follow the vajrayana path, and be guided by a master as set out in the vajrayana and Dzogchen teachings can only do so by making a formal request for this level of spiritual guidance. They will receive teachings on the ethics and commitments specific to vajrayana and Dzogchen.
- Making such a formal request is a serious step, which should come only after discussion with experienced instructors about the nature of the teachings and what it means to receive this guidance. It should be based on a strong foundation of study, practice, investigation and contemplation by the student, developed over a period of time. It is the responsibility of the vajrayana master to prepare the student for the master-disciple relationship.
- Such formal requests are completely optional and voluntary, and when made by a student, constitute consent to this level of spiritual guidance.
For those representing Rigpa at every level
In addition, while representing Rigpa, in any position, we are representing the Dharma, and we not only avoid acting unethically, but also avoid any suspicion or appearance of misconduct.
That means we will avoid:
- Soliciting sponsorship or accepting gifts and hospitality inappropriately.
- Acting in order to gain financial or other material benefits.
- Concealing any conflicts of interest, which we need to declare.
- Misrepresenting our qualifications or position, or taking advantage of others because of our role and any authority it entails. This includes, for example, never entering into an intimate relationship with a participant during an event, retreat, course, or any situation during which we are perceived to be in a position of authority or power. In other circumstances, any intimate relationships are expected to be based on mutual respect and openly acknowledged, meaning non-secretive.
We will also:
- Be accountable for our decisions and actions to the Rigpa Vision Board, to the National Team, and to Rigpa students, in accordance with the processes established.
- Swiftly and carefully bring any conflict we may have with Rigpa’s vision and mission to our national team.
For Instructors
This section is specific to instructors.
Instructors support Rigpa’s vision and mission, and it is the task of Rigpa instructors to take it upon ourselves to be as knowledgeable as required, to be self-disciplined and to be kind and warm-hearted. We honour the trust placed in us, carrying out our responsibilities to the best of our abilities and with the aim of maintaining the authenticity of the Dharma. In so doing, we strive to practise transcendent generosity, discipline, patience, enthusiasm, meditation and wisdom, while at the same time pursuing qualities of selflessness, integrity, accountability, openness, honesty, trustworthiness, and leadership.
We will:
- Reflect deeply on and cultivate our intention of bodhichitta.
- Maintain our study and practice, instruct only what we have personally studied and practised, and participate in ongoing instructor training where possible.
- Respect appropriate boundaries between our role as a Dharma instructor and other competing professional roles that we are qualified to hold (such as consultant, health professional, therapist, psychologist or psychiatrist).
- Accept the decisions made by the relevant instructor teams in our country, including decisions regarding the appropriateness of any aspect of our role as instructor.
- Disclose to the instructor team any elements of our personal history or current life situation that may have a negative impact on our role as instructor.
- Handle our personal interactions with students with confidentiality, and where appropriate and agreed with the student, communicate any decisions taken.
- Ensure that confidential material, for example material about individuals, is handled with care and sensitivity.
For Teachers
This section is specific to qualified Vajrayana and Dzogchen masters.
In the case of qualified vajrayana and Dzogchen masters, there are requirements and commitments specific to the tantras, and based entirely on bodhichitta, with which they will be very familiar. Each connection between a student and a teacher is unique and based on mutual consent. We highlight the following:
- It is the responsibility of the teacher to prepare the student for the disciple-master relationship. This must be entered into consciously and through the student making a formal request. But the student needs first to create a strong foundation of study, practice, investigation and contemplation and also discuss with experienced instructors about the nature of the teachings and what it means to receive this level of spiritual guidance.
- In the context of the disciple-master relationship, it is perfectly acceptable for both the student and the teacher to make their boundaries known, and for the student to seek clarifications from the teacher, with the support of senior students, or instructors or teachers.
For Boards and management teams
This section is specific to boards and management teams.
We are committed to the highest standards of charity governance, to adhere to the requirements of statutory regulators, and to maintain the highest standards of financial transparency.
Clarification or reporting any misconduct is done through the Grievance Procedure. The first step is to contact a member of the local team or an instructor or the national council. There is also a recourse process with an international council. More details are provided under the Grievance Procedure.
This is a living document that will be reviewed periodically.
You can view the full version of our Shared Values and Guidelines here:
December 2018
We are committed to creating a culture where every person feels confident and empowered to give feedback fearlessly, express their concerns and report unethical behavior.
Procedures for Raising Concerns, Resolving Difficulties or Grievances
Any actions you take to resolve or raise concerns about your situation will depend on things like what the problem is, how serious it is, how urgent it feels and how satisfying you think a particular step might be.
Essentially problems fall into three categories: breaches of Rigpa Code of Conduct, Australian workplace practice or Australian law. All are of equal concern and are treated with equal attention to resolution.
The options outlined here go from the informal to the formal. You don’t have to go through them in order and can start with any step.
Resolving issues informally
Talk to someone
If you need help with resolving an issue, connect with someone you respect such as a centre manager, student support person or instructor. In each centre there is a Student Advocate whose role is to act as a bridge between the student and Rigpa, ensuring the student’s problem is heard and responded to within a reasonable time.
An opportunity to talk discreetly about the issues and reflect on a resolution may be all that is needed. You can bring someone to the meeting if you don’t want to go on your own.
If appropriate, discuss options for resolution. Try to be as clear as you can about what you think would be a good and satisfactory outcome.
It is better to raise issues openly and early on, rather than suppressing them. Procrastination can turn a misunderstanding into a conflict. If you don’t know who to talk to, you can contact the National Director or an instructor who can advise on the options.
Involving the National Team
If talking doesn’t solve the problem or there is an issue that feels difficult to resolve, you can send a letter to or arrange a meeting with someone from the National Team. You can take care of that yourself or, if you’d like support or advice, your Student Advocate can help you put it in writing.
The person who deals with your complaint will be neutral which means that as far as is possible, they won’t have been involved with what has happened so far. For example, they could be a National Director, National Student Support Coordinator or member of the Board or Retreat Director.
In the letter or meeting you should convey what, if anything, you’ve already done to try to resolve the issue.
Options for resolution
If there is conflict with another person(s), you may request a facilitated reconciliation practice to resolve the issue together. This would be dependent on the other person’s agreement to participate.
You can bring someone to the meeting if you don’t want to go on your own.
If you don’t think involving the National Team will be helpful, you can go straight to making a formal complaint.
Formal complaint
If your informal attempts at resolution aren’t satisfying or you want the problem dealt with more formally, or if you believe it’s a serious issue or breach of the Code of Conduct, you can make a formal complaint. This could be historic or current.
If you are unsure whether to make a formal complaint, you can seek advice from someone you consider impartial; it can be an instructor, National team members or the National Council.
National Council
The Boards of each country have formed a National Grievance Council. The main role of the Council is to confidentially receive, investigate and advise on resolving formal complaints in a compassionate, fair and impartial way. It may also act as a support body for a member to consult in deciding on what steps to take in resolving difficulties.
Ideally, each Council is made up of at least two qualified individuals. Members are appointed by each national Boards.
You can contact the national council by email: grievancecouncil@rigpa.org.au.
The Council has the flexibility to decide how best to resolve a grievance or complaint.
The Council will make an annual report to the Board.
How to make a complaint
Formal complaints should be in writing and addressed to the National Council. The letter needs to state clearly that it is a formal complaint. If you do not feel able to write a letter on your own, can ask for help from a sangha member or friend. They can also raise the concern on your behalf.
An email complaint will be considered to be a formal complaint and a National Council member will respond directly.
Your complaint is confidential
If you make a complaint about ethical breaches, Rigpa will make every effort to protect your confidentiality. However, to ensure that an adequate or fair investigation takes place, the details of the complaint may require discussions with those involved.
Your complaint can be anonymous
Anonymous concerns can be submitted with the understanding that sometimes anonymity can hinder the uncovering of systemic problems. In the interest of promoting a culture of openness, we encourage individuals to come forward so we can ensure care and protection for all members of our community.
Rigpa will do its best to ensure that anyone who raises a breach or makes a complaint will be protected from rejection or reprisal by anyone else acting on behalf of Rigpa.
Next steps after a complaint is received
After your letter is received you will be contacted and invited to collaborate on the next steps towards resolution. This meeting could be in-person or online and with one or more members of the Council.
You can bring someone to the meeting if you don’t want to go on your own.
A proposed resolution will be shared with you in writing and a follow-up meeting will be arranged if you request it.
At any time during the grievance process, if the matter raised is in breach of Australian law or workplace practice the appropriate authorities will be notified whether that be police, child services, SafeWork Australia or other authority.
Independent Council
In the event that satisfactory advice is not found within the Rigpa sangha, an Independent Council has been made available. At present two senior western Buddhist teachers, unaffiliated with the Rigpa sangha, represent this council.
The purpose of the Independent Council is as follows:
- To offer an open, approachable, and discreet listening forum to any sangha member with serious concerns about ethical conduct, their own or another’s, if/when that advice is not found through the Rigpa organization;
- To offer advice in such situations;
- To act as an appeals panel for complaints that have been dealt with within the Rigpa sangha;
- To make recommendations to the Rigpa Boards, including the Vision Board, which the Board(s) commit to act upon.
The Council can be contacted at independentgrievancecouncil@gmail.com.
Lopön Helen Berliner has been a student and practitioner of Buddhism and contemplative disciplines since 1970. During this time, she has had the good fortune to receive teachings and empowerments from masters of the four great lineages of Tibetan Buddhism. Since 1993, she has been a student of Mindrolling Jetsün Khandro Rinpoche. Grateful for the awakening of dharma in the western world, she has served in sangha administrative and teaching roles for over forty years and is currently on staff at Mindrolling Lotus Garden in Virginia. With degrees in fine arts and psychology, she has also served as a hospital chaplain and crisis counselor. Her master’s degree is in Buddhist Studies, with a focus on environmental psychology. She is author of the book Enlightened by Design, and editor of books by authors including Jetsun Khandro Rinpoche, Dzigar Kongtrul Rinpoche, and Ane Pema Chödron.
With the mutual aspiration to consider fairly and fearlessly the ethical concerns on the path of practice, Lopön Helen is available to Rigpa sangha.
Lopön Jann Jackson began her study and practice of buddhadharma in 1975 and has been blessed to receive teachings and transmissions in the four main lineages of Tibetan Buddhism. Since 1994 she began receiving teachings from Mindrolling Jetsun Khandro Rinpoche, with whom she has been studying ever since. She is deeply committed to supporting the transmission of buddhadharma in the West and to supporting students in their practice and studies.
Lopön Jann received a master’s degree in counseling psychology. She has worked in the human service field for forty-five year, with a focus on helping families, communities, and public systems to interrupt patterns that cause harm and to create cultures of respect and care. In this spirit, she is available to members of the Rigpa sangha and its leadership, to listen with an open mind and heart and explore concerns within the context of Buddhist ethics.
Grievance contacts
Rigpa Australia – grievancecouncil@rigpa.org.au
National Grievance Council
• Jane Gray
• Kevin Wren
• Greg Prutej
Centre Student Advocates – contact through local centre
• Adelaide – Moira Joyce
• Brisbane – Jennie Macklin
• Bush Telegraph – Kay Murphey
• Canberra – Jan Perry
• Newcastle – Phaedra Markopoulos
• Melbourne – Vyv Mishra
• Sydney – Deb Whitney, Mary Jane Elliott
Independent Council – independentgrievancecouncil@gmail.com
Notes
Rigpa Boards expect that members of the National or International Council should have the following qualities:
- be kind and good with people;
- demonstrate maturity as a Dharma student;
- be knowledgeable in Buddhist ethics and dispute resolution practices;
- have a professional work history outside the Rigpa organisation. This could be, but is not limited to teachers, public servants, medical or legal professionals, social workers, psychologists.
Resources
These resources can be used by individual sangha members who are experiencing interpersonal tensions or conflicts with other sangha members, or by sangha groups who wish to resolve tensions or conflicts within the group.
- For individuals, a support for personal reflection is contained within Appendix – Rigpa Reconciliation – A Practice of Communication Pages 2-7
- For individuals, a resource to help prepare for constructive direct conversation is available in Appendix – Resolving Conflict through Conversation – A Guide to Preparing
- For individuals and those working together in teams, a resource on giving and receiving feedback is available in Appendix – Guidelines on Giving and Receiving Feedback
- For sangha groups, a simplified version of the Rigpa Reconciliation practice facilitated by a group leader, intended to help restore group harmony, is described in Appendix – Simplified Reconciliation Practice
Policy – Vulnerable Adult
Vulnerable Adult Protection Policy
- Introduction
Rigpa (Rigpa Fellowship Inc, Rigpa Australia) is committed to providing a safe and secure environment for all its employees, volunteers, students and visitors, ensuring that personal needs and circumstances are addressed in such a way as to relieve suffering.
- Aims and Scope
The purpose of this policy is to reduce the risk of abuse occurring and ensure a caring and appropriate response that meets Rigpa’s legal responsibilities should abuse occur.
The Policy applies to:
• all centres, retreats, events authorised by or under the control of Rigpa,
• all employees, volunteers, students, contractors and visitors within Rigpa or engaged by Rigpa
Rigpa is committed to implementing the Vulnerable Adult Protection Policy and to training our employees, volunteers, students, visitors in its content and application.
Definitions
Vulnerable Adults
Vulnerable Adult for this purpose means:
An individual aged 18 years and above who is or may be unable to take care of themselves, or is unable to protect themselves against harm or exploitation by reason of age, illness, trauma or disability, or any other reason.
Australian Government Department of Social Services
Abuse
Abuse is the violation of an individual’s human rights. It can be single or repeated acts. Abuse can include: physical, financial/material, sexual, psychological, discriminatory and emotional abuse and neglect or an omission to act. It may be something that is done to the person or something not done when it should have been. It does not necessarily have to be intentional.
- Obligations
Responsibility The core expectations of any responsible organisation require us to treat all people with fairness and dignity, and to care for those who are less powerful and in need of nurture and protection.
However the organisation does not and cannot provide care for vulnerable adults.
Further, the organisation’s activities may be inherently unsuitable for some vulnerable adults. It is for the vulnerable adults and/or those caring for them cautiously to assess whether it would be appropriate to participate in the organisation’s activities. Rigpa is committed to providing sufficient information upon which to make that decision and strongly supports taking appropriate professional advice to enable them to make that decision, and to minimise risk of harm. Where there is doubt, the vulnerable adult should not participate in the organisation’s activities.
Rigpa reserves the right to not permit a person to attend or participate in Rigpa activities if Rigpa considers they are at risk of harm to themselves by participating, or if their participation would interfere with Rigpa’s ability to provide services to other participants.
The organisation’s activities are not a substitute for professional care, a prescribed treatment, or any form of therapy, and it is particularly important that the foregoing are not discontinued while participating in the organisation’s activities.
Legal All relevant organisations within Australia are bound by Federal and State legislation and principles established through common law. Rigpa is committed to adhering to all relevant legislation.
How to raise a concern
Rigpa has in place a robust Mental Health Policy and Procedure to care for vulnerable people in emergency situations whether in courses or on retreat.
The following procedure refers to abuse or suspicion of abuse of a vulnerable adult that staff and volunteers become aware of during their work.
Any member of staff or volunteer who becomes aware that a vulnerable adult is, or is at risk of, being abused should raise the matter immediately with Centre Manager, Student Advocate, National Director or Student Support Coordinator. The matter must be communicated in turn to the Board. You should decide whether you feel the person is a vulnerable adult and whether they are at risk of abuse/experiencing abuse. If you feel it is a case of abuse towards a vulnerable adult, you should decide whether you feel it is appropriate to inform an outside agency.
If appropriate, explain what you have to do and whom you have to tell to the person involved or the person informing of the abuse. Ensure that they are kept informed about what will happen next, so they can be reassured about what to expect.
If there is a reasonable opportunity to do so, ensure that the person subject to alleged abuse is safe and supported before proceeding with any other action. In most situations the decision about protecting the vulnerable person can be taken by that person’s carers, or a relevant outside agency. In certain circumstances it will be necessary to take immediate action by calling the police or an ambulance.
Reporting
All relevant legislative requirements must be adhered to in respect to the reporting of abuse.
Rigpa actively encourages the reporting of all abuse.
Rigpa is committed to building an environment where either a victim or employee/volunteer feels able to report such abuse. Employees and/or volunteers must report reasonable suspicions of abuse to the senior management (which may include Board members) of Rigpa.
Reasonable Suspicion means fair and practical reason to believe an incident involving abuse has occurred based on verbal communication, hearsay, rumour or observation of behaviour.
The details of those reporting abuse will be kept private and confidential.
A documented reporting process with escalating procedures has been established by Rigpa for handling allegations of abuse and is detailed in the Vulnerable Adult Protection Procedure.
- Note on Confidentiality
The welfare of vulnerable people has to take priority over confidentiality, and we have a duty to disclose abuse to the appropriate agency if deemed necessary.
- Policy Review
This Vulnerable Adult Protection Policy will be reviewed as required or at least every 5 years at the Rigpa Fellowship Board Meeting.
Authorisation
<Signature of Board Secretary>
______________________________________________________________________________________________
<Date of approval by the Board>
______________________________________________________________________________________________
<Name of organisation>
______________________________________________________________________________________________
Whistle-Blower Policy
1. Introduction
The purpose of this policy is to establish and maintain a culture wherein anyone who has serious and reasonable concerns about any aspect of Rigpa’s work and activity should feel free to come forward and voice those concerns without being penalised in any way.
2. Aims and Scope
This policy is designed to enable volunteers, employees, students, service users and suppliers to raise concerns internally and to disclose information that the individual believes shows malpractice or impropriety.
Examples of such concerns are listed below. This list is not intended to be exhaustive.
- Financial malpractice, impropriety or
- Failure to comply with a binding legal
- Dangers to health and safety, especially to children and vulnerable adults.
- Criminal
- Behaviour that does not comply with Rigpa’s Code of Conduct
- Attempts to conceal any of the
3. Safeguards
This policy is designed to offer protection to people who disclose such concerns provided the disclosure is made:
- in good faith, and
4. Confidentiality
We will treat all such disclosures in a confidential and sensitive manner, so far as is appropriate. The identity of the individual making the allegation may be kept confidential so long as it does not hinder or frustrate any investigation. However, the investigation process may reveal the source of the information, and the individual making the disclosure may need to attend an interview or provide a written statement as part of the investigation.
Where an investigation proves malpractice requiring duty of disclosure to appropriate authorities, reporting would have to take priority over confidentiality.
5. Anonymous Allegations
Disclosures may be made anonymously, and this anonymity shall as far as possible and reasonable be preserved by the organisation; however this policy encourages individuals to put their name to any disclosures they make. Concerns expressed anonymously generally can be expected to be less credible; however they may still be considered, if it appears appropriate in all the circumstances.
In exercising this discretion, the factors to be taken into account will include:
- The seriousness of the issues
- The credibility of the
- The likelihood of confirming the allegation from attributable
6. Untrue Allegations
In making a disclosure, you should exercise due care to ensure the accuracy of the information. Individuals should not make frivolous, malicious or vexatious allegation. If he or she persists with making them action may be taken against the individual.
7. How to raise a concern
Where an activity holder or student of Rigpa believes in good faith on reasonable grounds that any other student, volunteer, employee or contractor has breached any provision of the organisation’s constitution, or its bylaws, or its policies, or its code of conduct, or generally recognised principles of ethics, that person may report their concern as recommended in the Rigpa Grievance Procedure.
- The person making their concern known shall not suffer any sanctions, tangible or intangible, from the organisation or individuals within the organisation on account of their actions in this regard provided that their actions
- are in good faith, and
- are based on reasonable grounds, and
- conform to the designated procedures and standards of behaviour set down in the Rigpa Code of
Any person within the organisation to whom such a disclosure is made shall
- if they believe the behaviour complained of to be unquestionably trivial or fanciful, consult with the relevant Student Advocate, dismiss the allegation and notify the person making the allegation of their decision;
- if they believe the behaviour complained of to be neither trivial nor fanciful, ensure that the allegation is investigated, a finding is made, and the person making the allegation is informed of the
Any such investigation shall observe the rules of natural justice and the provisions of procedural fairness.
Due to the varied nature of these sorts of complaints, it is not possible to lay down precise timescales for such investigations. The investigator should ensure that the investigations are undertaken without undue delay.
8. Policy Review
This Whistle-blower Policy will be reviewed as required but at least every 5 years at the Rigpa Fellowship Board Meeting.
Authorisation
<Signature of Board Secretary>
______________________________________________________________________________________________
<Date of approval by the Board>
______________________________________________________________________________________________
<Name of organisation>
______________________________________________________________________________________________
Policy – Conflict of Interest
Conflict of interest policy
1. Purpose
The purpose of this policy is to help Rigpa Board members, National Executive, Centre and Event management team members to effectively identify, disclose and manage any actual, potential or perceived conflicts of interest in order to protect the integrity of Rigpa and manage risk.
2. Objective
The Rigpa Australia Board and Management Teams (called the ‘board and teams’ in this policy) aim to ensure that board and team members are aware of their obligations to disclose any conflicts of interest that they may have, and to comply with this policy to ensure they effectively manage those conflicts of interest as representatives of Rigpa.
3. Scope
This Conflict of Interest Policy applies to:
• Rigpa Australia, as referring to Rigpa Fellowship Incorporated and the centres, groups retreats and other events that operate under its rules.
4. Definition of conflicts of interests
A conflict of interest occurs when a person’s personal interests conflict with their responsibility to act in the best interests of the charity. Personal interests include direct interests as well as those of family, friends, or other organisations a person may be involved with or have an interest in (for example, as a contractor). It also includes a conflict between a board member’s duty to Rigpa Australia and another duty that the board member has (for example, to another charity). A conflict of interest may be actual, potential or perceived and may be financial or non-financial.
These situations present the risk that a person will make a decision based on, or affected by, these influences rather than in the best interests of Rigpa Australia, and must be managed accordingly.
5. Policy
This policy has been developed because conflicts of interest commonly arise, and do not need to present a problem to Rigpa if they are openly and effectively managed. It is the policy of Rigpa as well as a responsibility of the board and teams that ethical, legal, financial or other conflicts of interest be avoided and that any such conflicts (where they do arise) do not conflict with the obligations to Rigpa.
Rigpa will manage conflicts of interest by requiring board and team members to:
- avoid conflicts of interest where possible
- identify and disclose any conflicts of interest
- carefully manage any conflicts of interest, and
- follow this policy and respond to any breaches.
5.1 Responsibility of the Board
The Board is responsible for:
- establishing a system for identifying, disclosing and managing conflicts of interest across the charity
- monitoring compliance with this policy, and
- reviewing this policy on an annual basis to ensure that the policy is operating effectively.
The charity must ensure that its Board and Management Team (whether national, centre or event) members are aware of the ACNC governance standards, particularly governance standard 5, and that they disclose any actual or perceived material conflicts of interests as required by governance standard 5.
Duties of Governance Standard 5 can be found in Appendix 1 and at:
https://www.acnc.gov.au/ACNC/Manage/Governance/ACNC/Edu/Duties_RespPersons_std5.aspx
5.2 Identification and disclosure of conflicts of interest
Once an actual, potential or perceived conflict of interest is identified, it must be entered into Rigpa’s register of interests (Appendix 2), held at Board and National Executive, as well as being raised with the relevant team manager. Where all of the other board or team members share a conflict, the board and team should refer to governance standard 5 to ensure that proper disclosure occurs.
The register of interests must be maintained by the Board Secretary and must record information related to a conflict of interest (including the nature and extent of the conflict of interest and any steps taken to address it).
Confidentiality of disclosures
Access to the information on disclosures will be limited to members of the Board and Team Managers.
6. Action required for management of conflicts of interest
6.1 Conflicts of interest of board or team members
Once the conflict of interest has been appropriately disclosed, the board or team (excluding the board or team member disclosing and any other conflicted board or team member) must decide whether or not those conflicted members should:
- vote on the matter (this is a minimum),
- participate in any debate, or
- be present in the room during the debate and the voting.
In exceptional circumstances, such as where a conflict is very significant or likely to prevent a board or team member from regularly participating in discussions, it may be worth the board or team considering whether it is appropriate for the person conflicted to resign from the board or team.
6.2 What should be considered when deciding what action to take
- In deciding what approach to take, the board or team will consider whether the conflict needs to be avoided or simply documented
- whether the conflict will realistically impair the disclosing person’s capacity to impartially participate in decision-making
- alternative options to avoid the conflict
- the charity’s objects and resources, and
- the possibility of creating an appearance of improper conduct that might impair confidence in, or the reputation of, the charity.
The approval of any action requires the agreement of at least a majority of the board or team (excluding any conflicted board or team member/s) who are present and voting at the meeting. The action and result of the voting will be recorded in the minutes of the meeting and in the register of interests.
7. Compliance with this policy
If the board has a reason to believe that a person subject to the policy has failed to comply with it, it will investigate the circumstances.
If it is found that this person has failed to disclose a conflict of interest, the board may take action against them. This may include seeking to terminate any responsible role in Rigpa.
If a person suspects that a board member has failed to disclose a conflict of interest, they must first discuss with the person in question, then if necessary notify the Board or Board Secretary.
Contacts
For questions about this policy, contact the board or Kathryn James at kathryn.james@rigpa.org.au
This policy was approved by Rigpa Fellowship Inc Board on……..
This policy will be reviewed annually in September.
Appendix 1
What are the duties of responsible persons under the governance standards?
Under governance standard 5 your charity must take reasonable steps to make sure its responsible persons meet certain duties. The following is a general summary of what each duty requires.
1. Act with reasonable care and diligence
Responsible persons are in a position to guide and monitor the management of the charity. They need to understand and keep informed about the charity’s activities and finances. For example, it may be a breach of this duty if a responsible person failed to attend several board meetings in a row. However, this duty is not breached if a person cannot take part in managing the charity at the time (for example, because of illness). As well, a responsible person can rely on the special knowledge or expertise of another responsible person, adviser or expert, as long as they adequately inform themselves and make an independent assessment of that information or advice.
2. Act honestly in the best interests of the charity and for its purposes
Responsible persons make decisions by honestly considering what would be in the best interests of the charity, and would further its charitable purposes (as set out in the charity’s governing documents). For example, this duty is breached if a responsible person uses the charity’s property to benefit another organisation, where there was no real benefit to the charity or it didn’t further its charitable purposes.
3. Not misuse the position of responsible person
An example of misusing position is where a responsible person is involved in paying another company owned or controlled by a friend or relative (when it is not reasonable payment for the goods or services provided).
4. Not to misuse information obtained in performing duties
An example of misusing information is if a responsible person gives confidential information about the charity’s operations (that they have gained because of their role) to another person or organisation (even if it is to another charity).
5. Disclose any actual or perceived conflict of interest
Responsible persons should disclose any situation where they may appear to have a conflict between their duty to act and a personal (private) interest, and should not discuss or vote on any matter where there is such a conflict. For example, if a charity is considering which company to buy its stationery from, a responsible person should declare an interest if one of the companies is owned by his relative. This is true even if there is no actual conflict.
A conflict should be disclosed whenever an independent observer could doubt that a responsible person is acting in the best interests of the charity. In general, the responsible person should disclose the conflict of interest to the other responsible persons. If there is only one responsible person or all of them have a conflict, then the conflict of interest should be disclosed to the members of the charity (if any). If none of these situations apply, contact the ACNC.
Read our guide Managing conflicts of interest.
6. Ensure that the charity’s financial affairs are managed responsibly
As a minimum, responsible persons should have good processes to prevent problems and to manage money responsibly. This includes reading financial statements and having a process to ask questions if they don’t understand.
Read our tips on having strong financial controls at your charity, our guide Protect your charity from fraud and our guidance on protecting your charity from harm.
7. Not allow a charity to operate while insolvent
If a responsible person reasonably suspects that the charity cannot pay all of its debts when they become due, then the responsible person should take all reasonable steps to prevent a charity from taking on more debt. The governing body should regularly review the financial position and ensure there is enough money to pay for its activities.
When appointing a new responsible person, charities can use the ACNC’s suggested letter of appointment, which sets out the duties under governance standard 5.
Appendix 2
Policy – Responding to Feedback
Policy for Soliciting and Responding to Feedback
- Introduction
Rigpa Australia is committed to maintaining environment that encourages collaboration, cooperation and communication, both internally and in relationship with the society in which it operates.
We see it as a vital part of both monitoring our work and activity and developing our teaching centres in the future. Thus, processes that encourage communication, collect, assess and respond to feedback are an essential aspect of our operations.
Rigpa intends to respond to all feedback that includes name and contact information, pass on feedback as appropriate, and will include a summary of feedback in published annual reports.
- Aims and scope
Rigpa welcomes and invites feedback in the form of suggestions, ideas, advice, comments and questions from students, visitors, donors, staff as well as Rigpa centres internationally, and formal governance bodies. Rigpa also monitors changing social norms and expectations.
Examples are listed below. This list is not intended to be exhaustive.
- Concerns and suggestions about Rigpa’s study and practice program.
- Suggestions or comments about the administration of courses or retreats.
- Feedback or complaints about specific instructors, management or volunteer personnel.
- Concerns about fees, financial management or governance of Rigpa.
- Requests for further sessions on particular topics.
- Feedback about the impact of the Rigpa programs of study and practice on students’ lives.
- Collection of feedback
Rigpa uses a variety of methods to gather feedback:
- All centres display a notice inviting general feedback and provide a feedback notepad and box
- Newsletters to the sangha have an email address to which people are invited to send feedback
- The National and Centre Rigpa websites include an address for feedback
- Rigpa courses include evaluation questionnaires to be completed by students during or at the end of some terms
- Rigpa Retreats include invitations to give feedback.
- Periodically students and attendees are invited to complete a survey on their experience as a student of as a visitor to Rigpa
- Open sessions are held periodically in which students and visitors are invited to voice their thoughts and feelings about their experience of Rigpa
- Management conferences are held as a forum for volunteer feedback and contribution of ideas and suggestions as well as reporting in person on centre-level feedback.
- Assessment of feedback
National Executive, Centre management and Event team meetings include a report on feedback as a standing agenda item.
Rigpa commits to sharing the results of feedback in a manner that is appropriate to the method of collection, the content and level of confidentiality entailed.
5. Responding to feedback
Rigpa commits to acting on feedback after due consideration by the relevant management team, instructor team or Board.
Any feedback that constitutes a grievance will initiate a Grievance Process (See Grievance Process Policy 2018).
Any feedback that indicates the need for reporting to an external authority will be referred to the relevant authority promptly.
6. Policy review
This Feedback and Communication Policy will be reviewed prior to the anniversary of its adoption and/or review at the Rigpa Fellowship Board Meeting preceding that date, or as required.
Authorisation
<Signature of Board Secretary>
______________________________________________________________________________________________
<Date of approval by the Board>
______________________________________________________________________________________________
<Name of organisation>
______________________________________________________________________________________________
We treat any personal information given to us as confidential and are committed to maintaining its confidentiality, security and privacy. We share this information only with organizations closely associated with Rigpa’s work in order to provide you with services that you have requested.
What information does Rigpa collect?
Rigpa collects information that you submit to register and pay for attendance at events or courses, to register to a mailing or emailing list, to make a donation or to subscribe for membership. This includes information such as name and contact details.
By entering your details in the fields requested, you enable Rigpa and its service providers to provide you with the services you select. Whenever you provide such personal information, we will treat that information in accordance with this policy. When using your personal information Rigpa will act in accordance with the purposes outlined below.
For what purpose does Rigpa use my personal information?
Your personal information will be used for the purpose for which you provided it – e.g. to attend an event. It will also be used to administer, support and obtain feedback on the level of our services and also be used to inform you of future events, to send you information that may be of interest to you or that you have requested.
In order to provide these services, we may share this information with other charities and organisations affiliated with Rigpa’s work (for example, Rigpa International or other National Rigpas). We may also give the information to people acting as our agents as long as they keep the information confidential. For further information on Rigpa see http://www.rigpa.org
All emails and newsletters will include information to allow you to opt out of further mailings.
How does Rigpa keep my information secure?
When you supply any personal information, Rigpa takes all necessary measures to keep your personal information private and secure. Only authorized employees, agents and contractors (who have to keep information secure and confidential) have access to this information.
We maintain a secure IT environment and have the appropriate measures in place to prevent unauthorised access such as hacking.
Changes to this Statement
Rigpa is committed to protecting your privacy and will be developing this statement further in accordance with the National Privacy Principles set out in the Privacy Act 1988 (Commonwealth). Rigpa encourages you to periodically review this Statement so that you can be kept informed on how Rigpa is protecting your privacy.
Contact Information
Rigpa welcomes your comments regarding this Statement of Privacy. If you believe that Rigpa has not adhered to this Statement, please let us know. We will use all reasonable efforts to promptly determine and remedy the problem.
Please complete your details carefully when you make a donation to us or when you purchase one of our goods or services. We are run by volunteers who help out in their spare time. Your care when completing our forms will ensure that the time they take to make changes or to correct errors is kept to a minimum.
Our Courses
If we cancel your course before it has started, you will get a full refund or credit to use towards another similar course. If we cancel your course after it has started, you will get a refund or credit to use towards another similar course for the remaining period.
If you cannot attend a course, a full refund will be given upon request when cancellation is notified at least 24 hours prior to the start of the course.
If you want to defer a course, we will be happy to credit your enrolment to another course of the same (or similar) content. Course deferral/credits are valid for up to 12 months from the date of the initial course. Please note that there is no refund for same-day cancellations.
In the first instance please email your local centre to advise of any issue with your course enrolment.
Events (including talks and retreats)
If you cannot attend an event, a full refund will be given upon request when cancellation is notified at least 24 hours prior to the starting date of the event.
If you need to withdraw from an event that you are already attending and the event is offered over a period longer than one day, we will refund you the balance of the days that have not yet concluded. We will calculate the amount of your refund on a pro-rata basis for the number of days that have not yet concluded divided by the total number of days the event runs for.
To cancel your registration or to notify us of an error in the amount we have charged you please email your local centre.
Bookshop
Bookshop items include: books, DVDs, CDs, photos and other items sold at Rigpa events and city centres. No financial refund is issued for bookshop purchases. A bookshop credit may be issued if an item is returned unused within one week of purchase.
If you purchase an item and it is damaged or faulty we will offer you a choice of either an exchange for the same or similar item or give you a full refund. Please email your local centre to notify us of a damaged or faulty item.
Donations
Donations you make to us are non-refundable.
If you did not authorise a donation, or wish to notify us of an error in the amount of the donation, please contact your local centre. Please include the details of the initial donation including the date, amount, name of the donor and the nature of the error.
General
Should we or our financial institution(s) make a financial error, we will refund to you any payment that is the subject of the financial error immediately upon proof of the error and we will bear all costs associated with that financial error.
If you or your financial institution(s) make an error, you will bear any associated charges we may incur.
Complaints
We aim for you to have a rewarding and enriching learning experience with Rigpa Australia. If you are unhappy with any of our services, please contact your local centre as soon as possible to discuss your concerns.
Newsletter Editorial Policy
Newsletter Editorial Policy
This editorial policy is the set of guidelines by which Rigpa publishes its newsletter.
It aids the editorial team in making editorial decisions.
Purpose
Rigpa’s newsletter aims to keep the Rigpa sangha in Australia and New Zealand informed about news and events that support their study and practice of Tibetan Buddhism. It also aims to foster a sense of warmth and connectedness in the Australian and New Zealand sangha.
Content
The editorial team comprises the National Directors, Chair of the Board and other students nominated by the National Directors.
This team reserves the right to make any and all decisions and editorial changes to newsletter content.
Stories, photos and story tips from the sangha are welcome, but coverage is not guaranteed.
The editorial team makes decisions about content based on timeliness, relevance, appropriateness and significance.
Rigpa does not publish advertisements or advertorials (paid contributions) in its newsletter.
Frequency
Generally fortnightly, but this may change from time to time.
Feedback
Feedback from students is welcome and acted upon where possible.
At an international level, Rigpa's spiritual direction, dharma path and activity is overseen by teams drawn from spiritual masters, Rigpa's senior teachers and practice holders and other members of the One Rigpa Network. The One Rigpa Network formally connects the different Rigpa entities (countries and retreat centres), and establishes the way they work together and share decision-making. Read more