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Carol Merchasin

Final Report on the Buddhist Project Sunshine Investigations

8 April 2019 by

TO: The Shambhala International Community
FROM:  Carol Montgomery Merchasin
DATE:  April 8, 2019
RE:  Final Report on the Buddhist Project Sunshine Investigations

I began investigating allegations of sexual misconduct against the Sakyong in April 2018, one year ago. These investigations involved not only sexual assaults and clergy misconduct but also allegations of complicity on the part of Shambhala teachers and other leaders.

I am addressing this report directly to the community, because Buddhist Project Sunshine has dissolved and there are several loose ends that I would like to bring to your attention.

  1. New information on the allegations of “Ann” from the BPS August 2018 report;
  2. The failure to investigate the 2002 sexual assault in Chile; and
  3. The failure to investigate complicity of Shambhala teachers and other leaders.

1. New Information on the Allegations of “Ann” (BPS, August 2018)

In late July 2018, Ann came forward alleging, among other things, that she was called into the Sakyong’s bedroom (once at a house in Boston and once at SMC), where other men were present, and where he invited her to have sex with him. Ann said that when she was brought to the Sakyong’s bedside, he began to rub his penis saying, “What can you do for me? What can you do for them?” which she believed referred to the other men in the room. This was an allegation that I could not corroborate in the August report.

Subsequently, a long-time insider in the Sakyong’s personal service came forward. She said from the moment she read the August 2018 Report she recognized the situation Ann described.

I quote her directly:

“A woman would be brought to the Sakyong, to his bedside for some reason. Common protocol was that she would kneel by the bed. Often the Sakyong would be naked — wearing only a robe or sometimes a bath towel. Sometimes, the Sakyong would stroke or fondle his penis under his robe while the woman kneeled by the bed.”

This is what Ann described—that she was brought to the Sakyong’s bedside where he was naked under a robe and that he began to stroke his penis.

Then this witness told me:

“I believe when the Sakyong said to Ann, ‘What can you do for me? What can you do for them?’ it was not because he was actually inviting her to have group sex, but because he knew that this would cause her pain and trigger her given her background as a survivor of sex trafficking. It was a form of cruel joke. I saw, heard, and experienced this and similar behavior many times.”

I asked her about the men who were present when she saw these situations.

“I do not know if the men present actually saw this. In my experience, it was done discreetly and was not necessarily obvious. To others in the room it might look like he had his hand on his leg, on the robe, on the towel. But that is not what was happening. As a woman, as a survivor of trauma myself, I always noticed what he was really doing.”

The investigations are long over, but I feel that this is important information about the allegations Ann raised.

2.  The Failure to Investigate the 2002 Sexual Assault in Chile (BPS, July 2018)

I reported that the Sakyong was alleged to have locked a woman in a bathroom and sexually assaulted her in Chile in 2002, but these allegations of criminal conduct were not included in the Wickwire Holm report. I find this failure puzzling and disturbing.

The reason given was that Ms. Bath could not investigate any claims unless the claimant spoke to her directly. This “rule” is not one that I have ever encountered. It is axiomatic in an investigation that all reports of wrong-doing should be investigated, even if anonymous. In addition, it is patently false. Ms. Bath investigated the allegations of Claimant #1 before she came forward.

Further, and more to the point, I know Ms. Bath had actually begun to investigate this alleged assault. I connected her with people who had relevant information. Those people later reported that they had spoken to her. As late as mid-December, Ms. Bath and I communicated by email specifically about the allegations of the Chilean woman. And yet, none of this was included in the WH Report.[1]

This is troubling because, in addition to the allegations of criminal behavior, the 2002 incident also brought to light credible and serious allegations about complicity among current Shambhala leaders.

The purpose of an investigation is to come to a reasonable conclusion about what happened; it provides information which should be of great importance to any responsible organization as they work their way into the future. But here, stunningly, it appears to have been information that the Interim Board did not want.

3. The Failure to Investigate Complicity of Shambhala Teachers and Other Leaders

In both the June and July 2018 BPS investigative memos, I raised concerns about leaders who were complicit in the Sakyong’s misconduct. There were credible witnesses supporting the allegation that David Brown, Jesse Grimes and Mitchell Levy knew that the Sakyong had sexually assaulted a woman in Chile in 2002.

Similarly, Joshua Silberstein, Wendy Friedman, Adam Lobel and others knew of the Sakyong’s assault in 2011. Some Shambhala leaders and teachers were also aware of the Sakyong’s misconduct in the 90s and early 2000s. For example, a woman who did not want her allegations investigated told me that after she reported to Shambhala that she was assaulted by the Sakyong in the early 2000s, someone was sent from Halifax to talk to her — not to assist her, but to make sure she did not make her experience public.

Yet, none of these allegations of complicity were investigated. This is not normal, nor right. It is certainly not a way to restore trust to a community.

Finally

It appears that the Interim Board did not want to know the answers to a number of questions. Certainly, they did not want to know about the sexual assault in Chile and perhaps as importantly, they did not want to know who knew, who covered up, or who was complicit in 2002, 2011 or any other time.

I am acutely aware of  the Interim Board’s loyalty to the Sakyong and possibly to some of the very people who were complicit.[2]  I recommended an independent monitor specifically for this reason — so that when all was said and done, there would be no concern about manipulation, about true independence, about the scope.

What I know is that a portion of the investigation was halted in December and the issue of the complicity of Shambhala leaders was eliminated from the scope.[3]  In 25 years of practice, I have never had a client that would dare to do either. I  do not understand how an organization whose mission is to create enlightened society can hold itself below the moral and legal minimums of the society it wants to enlighten.

This is the end of a long road for me. It has been my privilege to walk this dark path of spiritual and institutional betrayal with so many brave people. Thank you to those who provided support to all survivors, endured the painful process of bringing the truth to light, and encouraged me during this very difficult year. Thank you too for holding onto your own vision of enlightened society.

Note: I am doing an AMA (Ask me Anything) on Reddit on Thursday, April 11 from 8:00-9:00 PM Eastern.  I look forward to answering your questions there.

[1] This past week, I communicated with Ms. Bath asking whether she was able to discuss this with me, but she believes it falls within the Canadian solicitor client privilege.  Even if it does, the Interim Board can disclose why the investigation was not concluded or reported on.

[2] I still have a headache from hearing that the Interim Board had “tea” with the Sakyong — having never reached out to a single survivor.

[3] I recently reviewed the July 14, 2017 report of the Lewis Silkin investigation into the misconduct of Sogyal Lakar.  The complicity of leaders was part of the investigation.

Filed Under: Carol Merchasin

Reflections on the Wickwire Holms Report – A Message from Carol Merchasin

6 February 2019 by

This seems like a good day to share my gratitude, regrets, clarifications, and disappointments with the Wickwire Holms Report.

Gratitude

  • I am grateful that the Wickwire Holms report is out and that it has in large part confirmed what seemed all too apparent, that Claimant #1 was sexually assaulted by the Sakyong and also that Claimant #3 was a victim of clergy sexual misconduct and an abuse of power.

  • I am grateful that Ms. Bath was able to talk to enough people to see the patterns of misconduct, including alcohol abuse, abuse of power, financial mismanagement, shunning, silencing and shaming.  I am also grateful that she identified the possibilities of collusion among those whose loyalty to the Sakyong might sway them to be untruthful.

  • I am grateful to Ms. Bath.  This is not easy work, this was not an easy project. I have had no doubt about her neutrality from the beginning to the end.

  • I am grateful for the opportunity to work with BPS.  I came in with a lot of experience in doing investigations but little understanding of working with survivors of sexual trauma.  I am grateful for all of those people who taught me what I needed to learn.  I have tried to help them validate their claims.

Regrets

  • I regret that more of the women who were harmed did not come forward. But Shambhala’s long history of betrayal, silencing and shunning made it very difficult for survivors to want to devote any time and energy to this. I have learned in this past year that these survivors owe us nothing and they will participate when they feel safe enough to do so.

  • I regret that the leadership of Shambhala and their lawyers did not understand that to be effective, an investigation has to be neutral and independent in perception as well as reality.  I called for an independent monitor for this reason; instead 1) the Sakyong’s lawyer announced that the Sakyong had never assaulted anybody, 2) Shambhala revealed that the WH report would go to Alex Halpern, a longtime supporter and the Sakyong’s lawyer, and 3) the Kalapa Council’s lawyer advised survivors to ‘just believe’ that despite years of abuse all could be trusted because he said so.  In the end, the community suffers – it does not get the benefit of hearing from all of the people who had allegations and from whom we could learn, and as a result, the investigation is incomplete.

Clarifications

  • The report finds that the Sakyong engaged in “sexual misconduct” with Claimant #1.  What does that mean? Sexual misconduct is a broad term that includes “sexual assault” as well as a number of other types of misconduct that are sexual in nature. The conduct that Ms. Bath validated is in general sexual misconduct but in specific terms, it is a sexual assault. So, let’s call it what it is – a sexual assault, which is a criminal offense with no statute of limitations in Nova Scotia where it took place.

  • The IB has stated in their prologue to the WH Report (Reports Related to Sexual Misconduct and Sakyong Mipham Rinpoche) that there were ten individuals (including Claims No. 1 and No. 3) who conveyed issues of misconduct but that “[n]o one reported criminal behavior.” That is not accurate.  Claimant #1’s allegations of sexual assault were substantiated, and sexual assault is most definitely criminal conduct.

Disappointments

  • I am disappointed that the scope of the investigation did not include an investigation into who, among Shambhala officers, administrators, teachers and the Sakyong’s personal staff, knew about and were complicit in covering up the Sakyong’s misconduct.  Making change is hard and I understand that the IB is working diligently to do that.  But you cannot change the organization without a full understanding of what went wrong.  Part of what went wrong lies with the Sakyong; but another large part is with a leadership that enabled and covered up his behavior.  Without knowing the full extent of that, a lot of activity, committees, and group discussion will feel like movement, but perhaps not in the direction of lasting change. Without a full diagnosis of all the dysfunction, it is unreasonable to expect a cure and healing.

  • I am beyond disappointed that the Chilean woman’s claim from the July BPS Memorandum was not considered.  In fact, as late as December 2018, I believed that her claim was being investigated.  It is true that the Chilean woman did not wish to come forward because she did not perceive the investigation as independent or neutral. Ms. Bath had all the information to reach out to corroborating witnesses. In addition, she investigated Claimant #1’s allegation without talking with her (Claimant #1 did come forward later in January). It is a “best practice” that all complaints, even anonymous ones, must be investigated to the fullest extent of the information available, particularly a claim as serious and with as much corroboration as this one.

I believe that the IB should authorize Ms. Bath to do just that – to investigate and make a finding.I can tell you what the finding will be – that it is more likely than not that the Sakyong locked the Chilean woman in a bathroom and tried to assault her. There are reliable witnesses and plenty of evidence of what happened immediately before and after and in the ensuing days, not to mention a flurry of activity when the Chilean woman moved to NYC. There is also independent corroborating evidence that a cover-up was begun immediately.

  • I am disappointed in the Sakyong’s letter/apology. Here is a checklist of what should be in an apology:

  • Expression of regret

  • Explanation of what went wrong

  • Acknowledgment of responsibility

  • Declaration of repentance

  • Offer of repair

  • Request for forgiveness

Here is another rule:  Don’t let someone else, especially your criminal lawyer, write it for you.  His job is to keep you out of jail.  His job is not to help you understand that if you had actually done the six steps above, you probably wouldn’t be in this situation.

  • I am disappointed that no one in a position of authority in Shambhala, certainly not the Sakyong, has ever made an official public apology to the people who were harmed and who had the courage to raise these issues to the community. Remaking the organization can’t happen unless there is a complete reckoning with the past.  Apologies are hard work, but it is work that must be done. It cannot be outsourced.

So, in the absence of anyone else doing the hard work of an apology, here is what should be said to every single one of the men and women that have been harmed. I especially include Andrea Winn along with the many others who have been working for years to shine a light on this dark part of Shambhala. You cannot heal if you cannot honor the whistleblowers.

Here is my dream Shambhala apology which (in my dreams) would be signed by every single leader of Shambhala, past and present:

“We are beyond regret that you have experienced trauma at the hands of your spiritual teacher and the organization you trusted and relied on. All of us as leaders of this community have betrayed your trust; we have been complicit not only in seeing and allowing this aggressive behavior to continue, but we also inflicted more pain on you by not listening, by seeking to minimize the harm, by denying this happened, by demeaning you, by labeling you as ‘needy,’ ‘troubled,’ or ‘too ambitious.’ We understand that all of these actions were wrong – not only wrong but done in an attempt to protect ourselves and not you. For all of this we stand before you in breathtaking remorse for the harm we have allowed. In addition to making the changes that must be made to the organization, we intend immediately to begin a program of restitution and repair for each and every one of you who has experienced pain due to our action and lack of action.”

I am not holding my breath on this, but still, what would be the harm in sending this aspiration to survivors on this Shambhala Day?

I wish all of you a good new year with much healing ahead.

 

Regards,

Carol Merchasin

Filed Under: Carol Merchasin

Memorandum II on Sexual Misconduct

10 July 2018 by

Filed Under: Carol Merchasin

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