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Formal Ethical Hearing

If matters of importance are not able to be informally resolved, a Hearing Panel may be convened to implement a Formal Process. The Panel will consist of a person selected by the party about whom a concern is being raised, a person selected by the person bringing the concern, and a third person selected by the first two members of the panel, the Ethical Designee. The Ethical Designee should not be personally involved with Zen West/ Empty Zendo Sangha or with the persons involved in the potential ethical issue. Each member of the panel must be able to hear the concern openly and objectively regardless of his or her relationship to the people involved.

 

1. Bringing a Concern
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A Formal Process is initiated by communicating in writing with the Ethical Designee. This “letter of request” must include:

  • A clear statement that a formal ethical hearing process is requested.

  • The name of the person(s) to whom the matter pertains.

  • A description of the alleged matter sufficient enough to allow the Ethical Designee to decide whether the matter is appropriate for a formal hearing process.

  • A description of prior attempts to resolve the matter.

  • A statement of the resolution sought.

 

2. Accepting a Concern
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Once the Ethical Designee has received a letter of request, the Ethical Designee, will, within 30 days, convey to the requester the acceptance or non-acceptance of the matter for formal hearing.  In the event the matter is accepted for formal hearing, the Ethical Designee will also notify persons named in the Letter of Request, as appropriate.

 

3. Convening the Hearing Panel

 

Once the parties have been notified, the Ethical Designee will convene the meeting. One panelist chairs the hearing and insures that a record of the hearing is maintained.

 

4. Hearing the Concern

 

The chair schedules a private hearing for the persons involved to have a full and fair opportunity to present their understanding of the matter at the hearing.  The Panel may ask questions and request information.

 

5. Hearing Panel Decision

 

Once the Hearing Panel determines that it is sufficiently informed of the matter(s) heard, it will close the hearing and deliberate. As soon as reasonably practicable, the panel will issue a written decision and distribute it as appropriate.

 

6. Partial List of Possible Resolutions by a Hearing Panel

 

This is a partial list of possible resolutions intended to encourage open-minded and creative decisions. While it is not possible to anticipate every kind of situation which might require resolution, this format hopes to ensure a process that benefits all.  The findings could apply to either the teacher or the practitioner.

  • Finding of no ethical breach while acknowledging the existence of a problem which needs resolution elsewhere.

  • Reversal of an administrative decision or action.

  • Direct or mediated private apology.

  • Apology to the community.

  • Follow-up meetings with the teacher(s).

  • Recommended education or training or intervention program (e.g. therapy or relevant 12-step program).

  • Private reprimand.

  • Public censure.  The findings and action of the Hearing Panel as well as the reprimand are made public to the Sangha.

  • Period of probation, with probationary terms set by the Hearing Panel.

  • Suspension or dismissal from position of responsibility in the Sangha.

  • Suspension from teaching for a period of time. A suspension should stipulate the conditions by which a person may commence teaching.

  • Limiting the decision simply to whether or not an ethical transgression occurred.

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