Clouds in Water Zen Center

Ethical Guidelines and Grievance Policy

(Updated February 2024)

Fundamental Ethical Guidelines

The purpose of the following Ethical Guidelines and Grievance Policy is to help maintain and foster a supportive environment for Zen practice at Clouds in Water Zen Center. Clouds in Water Zen Center is committed to sustaining a healthy spiritual community where diversity of opinion and expression is respected, the dignity and integrity of community members is protected, conflicts are addressed appropriately and respectfully, and ongoing learning about interpersonal relationships is encouraged. Toward these ends, Clouds in Water Zen Center has adopted the Three Collective Pure Precepts and the Ten Momentous Prohibitory Precepts as our fundamental guidelines for ethical behavior. We have also agreed to a Statement of Non Harming, which addresses our intentions as a community. (Please see the precepts and the Statement in Appendix A and B.)

Responsibility of Members of the Community

Each member of the Clouds in Water Zen Center community is a caretaker of the community’s well-being. Therefore, we share in a responsibility of fostering an environment of integrity and dignity, and maintaining the values of Clouds in Water as expressed in the Statement of Non-harming (see Appendix B).

Everyone in the Clouds in Water Zen Center community has the individual responsibility to take action to protect the community from conduct which violates the precepts or otherwise causes harm. If a community member is aware of conduct that they believe is of significant harm to an individual or the community as a whole, it is important that the member express their concerns appropriately, rather than remaining silent. This might include using the grievance procedures in this document, discussing with a teacher or other leader, or speaking with the parties involved if it feels safe to do so. Similarly, if a member has personally experienced misconduct by anyone in a position of trust (including priests, lay teachers, board members, staff, temple officers, or others), that member has the responsibility to report the misconduct immediately as called for in the grievance procedures. If no report is made, Clouds in Water Zen Center cannot respond appropriately to address the issue.

Special Obligations of Individuals in Positions of Trust

The Clouds in Water community expresses its special trust in certain individuals by placing them in the positions of priests, lay teachers, staff, board members, temple officers and other positions of formal authority, including members of the EAR Committee. As such, these individuals are expected to uphold all of the responsibilities outlined above and are additionally held to a higher standard of ethical conduct. Exploiting relationships, harming others, or abusing influence breaches trust, especially when such misconduct occurs under the pretense of teaching methods or Zen practice. Misconduct by those in positions of trust can significantly undermine the integrity of the community.

Examples for leaders include:  

●      Not misusing power and influence, not having sexual or romantic relationships with their student, and not initiating a new sexual or romantic relationship with a member of the community where there is a power differential. They should avoid dual relationships* when possible, and not use a relationship with a participant for personal gain.

●      Sangha leaders should maintain confidentiality, except that leaders may disclose information if they believe that is the needed course of action to protect another person from harm, or as required by law.

●      Clergy or anyone acting in the capacity of clergy such as lay teachers are legally bound to report abuse of a child, threatened suicide, or threatened physical harm to anyone.

The relationship between a Zen teacher and student who regularly meet in dokusan (one-on-one private meetings) is of a very similar nature to that of a therapist and their client or a clergyperson and a parishioner seeking counseling. The practice of one-on-one spiritual guidance invites students to enter into a deeply personal spiritual relationship. When functioning correctly, the relationship creates a space of safety in which the student's well-being is of utmost concern. The teacher is responsible for maintaining the integrity of that space. The student makes themself vulnerable, sharing what is closest to their heart and spirit. Zen teachers have powers and responsibilities very similar to those of other caregiving or spiritual professionals. Therefore, teachers must:

●      Honor the development of the student’s practice as the exclusive consideration in this relationship.

●      Not engage in a romantic or sexual relationship with a student.

●      Not use a student-teacher relationship for personal gain.

*A Dual Relationship happens when two people know each other in more than one context, such as when members who are peers at Clouds and have another relationship outside Clouds, such as doctor-patient. We ask that all members be sensitive to the possible complexity of dual relationships. Leaders are asked to avoid even non-romantic dual relationships when possible, or at least to disclose them to other leaders.

Examples of Unethical Behavior

The following list offers some examples of unethical behavior that might occur. It is not meant to be an exhaustive list.

●      Physical  violence or threats

●      Sexual harassment (see detailed section below)

●      Misappropriation of community funds

●      Breach of confidence

●      Initiating a new sexual or romantic relationship with a member of the community where there is a power differential

●      Slandering a member of the community

●      Any disrespectful or discriminatory treatment of others on the basis of race, gender, sexual orientation, gender identity, marital status, age, disability, income, ethnicity, religion, or national origin

●      Any behavior that harms other community members or the community as a whole

If a Clouds in Water Zen Center member or anyone who has interaction with Clouds in Water wishes to complain about unethical behavior, they should promptly report a grievance pursuant to the procedures outlined below. A member or visitor is encouraged to report a grievance even if they are uncertain whether what has occurred is an ethical breach.

What to do if you experience or become aware of sexual harassment

Sexual harassment is a matter of particular concern to a religious community in which students and teachers are connected by strong bonds of spiritual interdependence and trust. Everyone who comes to Clouds in Water Zen Center in any capacity has the right to be free from sexual harassment. Sexual harassment can consist of unwelcome sexual or romantic advances, requests for sexual favors, or other verbal or physical conduct of a sexual nature which is unwelcome. These behaviors are ethical violations. Continued expression of sexual interest by any participant that is directed at another Clouds participant, after being informed that such interest is unwelcome, or in a manner that is offensive, is a misuse of sexuality and also an ethical violation.

The expression of sexual or romantic interest in new Clouds in Water Zen Center members or visitors by existing members may be particularly problematic and is inconsistent with Clouds in Water Zen Center’s philosophy of creating a supportive and welcoming environment. Clouds in Water Zen Center members should therefore be especially sensitive to visitors and new members and to their need for a safe, nurturing spiritual environment.

Clouds in Water is committed to ensuring that a person who feels they have experienced or becomes aware of sexual harassment feels safe in their responsive actions.

Anyone who feels they have been sexually harassed at Clouds in Water or has witnessed sexual harassment is strongly urged to file a grievance. If the aggrieved person wishes, they are welcome to speak to a teacher, a community member, or a person from the EAR Committee to explore whether or not they want to file a grievance.

Power Imbalance

When dealing with issues where someone has been harmed by another, it's important to be aware that in our community, as in society at large, there can be imbalances of power that need to be taken into account. Staff who aren't leaders, practitioners who are not teachers, women, BIPOC, LGBTQ+, and culturally marginalized people may be reluctant to raise issues when the person who has allegedly harmed them has greater power. It is critical that those who have lesser power are heard and taken seriously and that the process by which ethics complaints are investigated and resolved does not cause further harm to the person with less power.

Confidentiality

It is our intention to create an environment at Clouds in Water where students can fully explore the Dharma and study the self in an environment of trust. To promote this, Clouds in Water teachers shall not disclose information that they receive in one-to-one practice meetings. There are four areas of exception:  1) Clergy or anyone acting in the capacity of clergy such as lay teachers are legally bound to report abuse of a child, threatened suicide, or threatened physical harm to anyone;  2) Clouds in Water teachers will sometimes consult with each other regarding how to best serve a particular student;  3) When preparing for a jukai ceremony, the preceptor may consult with persons fluent in Japanese in order to select the best names for students;  4) Clouds in Water teachers will sometimes consult with more senior Zen teachers, psychologists or mentors regarding students, especially if it would help to get another perspective. In all cases, the identity of the student is protected if possible.

The confidential relationship between student and teacher must never become a means for imposing silence in situations where harm is being done. Should such a harmful situation arise, the student is encouraged to speak to the appropriate individual – either to the teacher directly, a Board member, and/or to the Ethics and Reconciliation (EAR) Committee.

The teaching process at Clouds in Water Zen Center also involves discussions in class and smaller groups. Sensitive or personal information may be shared in these discussions. Students and teachers should respect this and refrain from talking about these discussions outside of the group.

GRIEVANCE PROCEDURE

Ethics and Reconciliation Committee

Clouds in Water Zen Center Ethics and Reconciliation Committee (EAR) attends to all grievances. The EAR committee membership is determined by the Board of Directors, and in the absence of a working committee, the Board of Directors shall act as the EAR Committee. If an EAR Committee is currently empaneled, the Board Chair is consulted on all new nominations and the existing committee members make the final approval. The names of the current EAR Committee members, as well as additional contact information, are available on the bulletin board at Clouds in Water and the Clouds in Water website.

Who may file a grievance:

A grievance may be filed by the person against whom the violation occurred, or by another member of the community who becomes aware of the violation, with the consent of the aggrieved. Teachers who become aware of a violation, or of someone thinking about filing a grievance, are required to inform the aggrieved about the grievance process. They are also encouraged to consult with the EAR Committee about the violation. The aggrieved or the witness may request help in preparing a grievance.

Reporting Grievances

Grievances may be made orally or in writing.  Someone who wishes to file a grievance regarding unethical behavior may report it to one of the following:  any teacher in the Clouds community, any member of the EAR Committee, or any member of the Board of Directors. The person who receives the grievance shall promptly report it to a member of the EAR Committee or through email to the full EAR Committee. The grievance will be treated in as confidential a manner as possible, with the understanding that the identity of the person making the grievance and the details of the grievance may need to be disclosed in the process of investigation or in subsequent proceedings as required by law or as necessary for the protection of Clouds in Water Zen Center.

Process for Investigation and Resolution

The EAR Committee needs to consider the facts and circumstances particular to each individual case. Items to consider when developing a grievance are included in Appendix C. The following guidelines, however, shall be followed:

1.     The EAR Committee should first explore whether the grievance can be resolved in an informal manner that is acceptable to the parties. This may promote harmony in the community.

2.     Where an informal resolution is not possible, the EAR Committee may decide for cause not to investigate a complaint. In this case, the Committee will prepare a statement of the decision not to investigate and the reasons for that decision, and communicate that statement to the grievant. Otherwise, the EAR Committee will investigate the grievance. This will involve interviews with the grievant, witnesses, and the alleged offending party. These interviews may be done by the full committee, by a member of the committee designated to carry out this task, or by an independent investigator or other person designated by the committee. A record will be kept in a secure location at Clouds in Water of any interviews or other investigation. In matters which involve allegations of sexual misconduct or misappropriation of funds, or other potential legal issues, the EAR Committee will consult with the Board of Directors to the extent practicable concerning the appropriate process for fact finding. The Chair of the EAR Committee and Chair of the Board of Directors shall also be responsible for seeking appropriate legal counsel in such situations.

3.     If the grievance involves a person(s) in a formal role at Clouds, these processes will be followed:

a.         If the grievance involves a board member, the EAR Committee shall work with the Chair of the Board of Directors to ensure a confidential process of investigation. If the Chair or the whole Board of Directors is named in a grievance, the EAR Committee shall work with the Guiding Teacher on the appropriate process, including if necessary the engagement of legal counsel.

c.         If the Guiding Teacher is named in a grievance, the EAR Committee will work with the  Executive Director and the Chair of the Board of Directors on the appropriate process for investigation. If a teacher is named in a grievance, the EAR Committee will work with the Chair of the Board of Directors and the Guiding Teacher to ensure a confidential process of investigation. If the Executive Director is named in a grievance, the EAR Committee will work with the Chair of the Board of Directors and the Guiding Teacher on an appropriate process for investigation. If the grievance involves a member of the EAR committee, that person will be asked to recuse themselves during the investigation by the rest of the committee.

4.     When the investigation is completed, the EAR Committee shall consider what responsive action is required. The Committee may seek guidance and input from the Board of Directors or the Guiding Teacher, where it is deemed appropriate. This may also include outside experts (legal, mental health, substance abuse, restorative justice, healing circles  etc.). The entire Board of Directors and the Guiding Teacher need not be informed of the existence or resolution of every grievance. The EAR Committee will, however, report each grievance to the Chair of the Board of Directors. The Board Chair would have discretion to notify other members of the Board. If other members of the Board are notified, they are all to be bound by confidentiality requirements. Also, in cases involving allegations of sexual misconduct, misappropriation of funds, or other serious charges, the EAR Committee shall report the grievance and the identity of the alleged offender to the Board of Directors and the Board shall be ultimately responsible for the disposition of the grievance, with appropriate input from the EAR Committee.

Appeals

Any person involved in a grievance pursuant to this policy who is not satisfied with the outcome of the grievance as determined by the EAR Committee may appeal the decision to the full Board of Directors. This right of appeal would not apply in those instances where the EAR Committee has already involved the full Board of Directors in the decision making process.

Partial List of Possible Recommendations by the EAR Committee or Decisions by the Board of Directors

1.     A finding of no ethical breach while acknowledging the existence of a problem which needs resolution elsewhere.

2.     Mediated resolution of the matter (assuming that the parties involved are willing).

3.     Private or mediated apology from the subject of the grievance.

4.     Reparation, to the extent possible, to the person who brought the grievance and/or to the community.

5.     Follow-up meeting with the subject of the grievance’s teacher.

6.     Participation by the subject of the grievance in psychological therapy or a drug or alcohol recovery program.

7.     Private reprimand. The EAR Committee will identify an appropriate person to give the reprimand, and propose this action to that person.

8.     Public censure. This involves the findings and action of the EAR Committee, as well as the reprimand, being made public to the community, following the approval of the Board of Directors.

9.     Apology to the Clouds in Water Zen Center community or membership by the subject of the grievance.

10.   Period of probation, with probationary terms set by the EAR Committee, the Clouds in Water Zen Center Board of Directors, the subject of the grievance’s supervisor, or an ad-hoc body composed of, or established collaboratively by, the Guiding Teacher, Board Chair, Executive Director, and EAR Committee Chair.

11.   Suspension from positions of responsibility within Clouds in Water Zen Center community.

12.   Suspension from Clouds in Water Zen Center for a stipulated period of time. Such a suspension should include a statement regarding the conditions by which a person may re-enter the community and the person(s) within Clouds in Water Zen Center who will be responsible for deciding whether those conditions have been fulfilled.

13.   Termination of the person’s office, employment, or relationship with Clouds in Water Zen Center.

14.   Limiting the decision simply to whether or not an ethical transgression occurred and then forwarding this decision to the appropriate administrative or practice leadership for further action.

Decisions Reserved for Teachers

Certain ethical transgressions may result in sanctions that involve the individual’s spiritual path. While the EAR Committee may decide to recommend such sanctions, the decision regarding whether such sanctions are to be imposed rests solely with the individual’s teacher. These sanctions are:

1.     Retaking of the precepts, with appropriate accompanying repentance practice.

2.     For persons with higher ordinations, relinquishment of the ordination and okesa.

3.     Removal from processes/roles for persons without higher ordination.

In each case, the teacher responsible for giving the precepts or ordaining the individual would be solely responsible for determining whether such a sanction is warranted.

Appendix A: Zen Precepts

Three Collective Pure Precepts

With purity of heart, I vow to do no harm.

With purity of heart, I vow to do good.

With purity of heart, I vow to free all beings.

Ten Momentous Prohibitory Precepts

1.     Recognizing that I am not separate from all that is, I take up the way of Non-killing.

2.     Being satisfied with what I have, I take up the way of Non-stealing.

3.     Encountering all creations with respect and dignity, I take up the way of Not misusing sexuality.

4.     Listening and speaking from the heart, I take up the way of Not speaking falsely.

5.     Cultivating a mind that sees clearly, I take up the way of Not being deluded and not giving or taking intoxicants.

6.     Unconditionally accepting what each moment has to offer, I take up the way of Not talking about others’ errors or faults. 

7.     Speaking what I perceive to be the truth without guilt or blame, I take up the way of Not elevating oneself and blaming others.

8.     Using all the ingredients of my life, I take up the way of Not being stingy and not attaching to anything, even the truth..

9.     Transforming suffering into wisdom, I take up the way of Not indulging in anger.

10.  Honoring my life as an instrument of peacemaking, I take up the way of Not thinking ill of the three treasures (Buddha, Dharma, Sangha).

Appendix B: Statement of Non Harming

Clouds in Water Zen Center is committed to dismantling white supremacy, racism and other forms of oppression, both externally and internally, as a means to relieve the suffering of all beings and end cycles of trauma and abuse. We understand that whiteness has been constructed historically through the domination and subordination of Black, Indigenous, and people of color and that white-bodied people benefit from the structures, systems, and ideologies of white supremacy and contribute to harm when they operate out of white frameworks. We recognize that white supremacy, systemic racism, the legacies of colonialism and slavery, and the ongoing genocide of indigenous peoples, have resulted in untold suffering for the majority of those in Black, Indigenous and People of Color (BIPOC) communities. We further recognize that homophobia, transphobia, ageism, classism and other abuses of power and privilege have harmed and continue to harm many people in our community and the world.

Clouds in Water values stillness, silence, and zazen, and also understands that silence can be violence. Clouds in Water seeks to create a protective container and a welcoming environment for spiritual awakening and healing to take place in the whole of its sangha (community), which includes practitioners, staff, board members, and teachers. Clouds is committed to ending ignorance around race, sexism, and other forms of oppression, through conversations, restorative circles, and skill building. We are committed to learning how our own identities, histories, and social positions shape our experiences and understandings of these dynamics. We hold ourselves responsible for unpacking and undoing our complicities in upholding these legacies through explicit and internalized forms of white supremacy.  Clouds seeks to create a vibrant community of engagement and inclusion. We are committed to transmitting safety and harmony to all beings, so that the heart of great wisdom and compassion can be realized.

Appendix C: Core Beliefs and Functions

We value the core practice of zazen and the teaching of Soto Zen Buddhism.

We respect the traditional forms and honor them by expressing them in ways that are accessible and appropriate to our culture.

We value the pursuit of spiritual growth at all stages of life.

We provide training and its benefits as appropriate for all stages of life. The three bases of Buddhist training are virtue, meditative awareness, and wisdom.

We value the great diversity of our culture, including race, ethnicity, sexual orientation, gender identity, age, creed, religious background, ability, income, family status, and level of practice.

We will stand up against any intolerance and discrimination based on race, ethnicity, sexual orientation, gender identity, age, creed, religious background, ability, income, family status or level of practice. We will support the care of our environment, including people, animals, plants and minerals. We will support the human rights of all. We do this in order to uphold our vow to free all beings.

We place a high value on community as an expression of our interdependence.

Following the Bodhisattva way, we nourish a community with a shared commitment to conscious, wise and virtuous action for the benefit of all beings.

We value our inter-relatedness with communities of the larger world.

We understand that our Bodhisattva vow commits us to actions that benefit the common life of the larger community. This includes the neighborhoods we practice in, other Zen centers, and the civic communities of which we are a part.

Approved by the Clouds in Water Board of Directors, February 2013. Amended 2017

Appendix D: Guide to Preparing a Grievance

Recommended information to include:

●      Person against whom the grievance is filed

●      Person filing the grievance

●      What Clouds in Water guideline(s) do you believe were violated?

●      Did this violation occur against you?  If not you, against whom did the violation occur? Has that person consented to your filing on their behalf?

●      Describe the incident(s).

●      If efforts have been made to resolve this complaint, list them here.

●      What action or remedy do you seek?