Política e Diretrizes da ISKCON para a Prevenção de Má Conduta Sexual de Líderes (ISKCON Prevention of Leadership Sexual Misconduct Policy and Guidelines; PLMO, 2021)

ISKCON
    Prevention of
     Leadership
 Sexual Misconduct
Policy and Guidelines




   ISKCON Prevention of
Leadership Misconduct Office

Table of Contents

    A. POLICY ON PREVENTION OF LEADERSHIP MISCONDUCT ................... 3
     INTRODUCTORY STATEMENT...................................................................... 3
     WHAT IS LEADERSHIP SEXUAL MISCONDUCT? ........................................ 4
     SEXUAL BEHAVIOR AND HARRASSMENT .................................................. 5
     SEXUAL ABUSE .............................................................................................. 5
     ISKCON’S RESPONSE TO LEADERSHIP SEXUAL MISCONDUCT ............. 6


    B. DISCIPLINARY PROCEDURES ................................................................... 7
     PROCEDURES FOR RESOLVING COMPLAINTS: ........................................ 7
     THE INFORMATION GATHERING PROCESS ............................................... 8
      SUSPENSION OF A LEADER PENDING FINALISATION OF INFORMATION
    ..GATHERING AND/OR A DISCIPLINARY ENQUIRY .................................... 10
     THE DISCIPLINARY COMMITTEE................................................................ 11
      QUALIFICATIONS, CHALLENGES AND REPLACEMENT OF A
    ..DISCIPLINARY ..COMMITTEE MEMBER ..................................................... 12
     FUNCTIONS OF THE DISCIPLINARY COMMITTEE.................................... 13
     CONDUCTING THE DISCIPLINARY ENQUIRY ........................................... 13
     DISCIPLINARY COMMITTEE’S DECISION AND RECOMMENDATION...... 14
     STANDARD OF EVIDENCE AND REACHING A DECISION ........................ 15
     JURISDICTION AND SCOPE OF DISCIPLINARY COMMITTEE DECISIONS
    ..LIMITED TO ISKCON                                                                                            17
     WRITTEN DECISIONS .................................................................................. 17
     DISTRIBUTION OF DECISIONS ................................................................... 18
      DECISIONS WHERE A PERSON HAS BEEN FOUND GUILTY OF SEXUAL
    ..OFFENSES IN A CRIMINAL COURT ............................................................ 18


    ADDITIONAL POLICIES AND PROCEDURES .............................................. 19
     1. CONFIDENTIALITY ................................................................................... 19
     2. APPLICATION OF DECISIONS THROUGHOUT ISKCON ....................... 20
     3. STATUTE OF LIMITATIONS ..................................................................... 20
     4. DOUBLE JEOPARDY ................................................................................ 20


    APPEAL, REVIEW AND RENEW ................................................................... 21
     APPEAL ......................................................................................................... 21
     REVIEW ......................................................................................................... 21
     RENEW .......................................................................................................... 22




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APPEAL AND REVIEW PROCEDURES ........................................................ 23
 FEEDBACK AND EVALUATION OF THE PLM OFFICE ............................... 24
 CONCLUSION ............................................................................................... 25


APPENDIX A: GENERAL PRINCIPLES FOR ISKCON LEADERS                                                                26


APPENDIX B: PREVENTATIVE AND RESPONSE PRINCIPLES ................. 27


APPENDIX C: ROLE AND DUTIES OF THE ISKCON INTERNATIONAL PLM
OFFICE ............................................................................................................ 28
 A. The PLM OFFICE WILL SERVE A NUMBER OF FUNCTIONS................ 28
 B. REQUIREMENTS FOR INTERNATIONAL DIRECTOR AND REGIONAL
…../DIRECTORS.............................................................................................. 29
 C. DUTIES OF INTERNATIONAL DIRECTOR .............................................. 29
 D. FUNCTIONS OF REGIONAL OFFICES.................................................... 30


REQUIREMENTS FOR PLM CONSULTANTS ............................................... 30
 ALLEGATIONS AGAINST PLM STAFF......................................................... 30




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A. POLICY ON PREVENTION OF LEADERSHIP MISCONDUCT

INTRODUCTORY STATEMENT

The International Society for Krishna Consciousness (ISKCON) recognizes
that association and relationships in spiritual life are critically important for
guidance, support and advancement on the path of devotional activity.
Devotee association gives us spiritual strength and inspiration. These
relationships, however, must be carefully managed – particularly for those in
leadership positions.

Servant-leadership is the mood by which ISKCON leaders must execute their
duties. Leaders must be caring and compassionate and inspire devotees in
their spiritual quest.   Simultaneously, leaders must maintain a formal,
respectful and appropriate emotional and physical distance and exercise their
guidance within the purview of objectivity. Generally, a good leader has the
privilege of the trust and confidence of those who follow his / her instructions
and guidance.

It is this trust and confidence that needs to be nurtured and strongly guarded
against exploitation.

Unfortunately, leader or clergy sexual misconduct has become increasingly
prevalent as a problem across many religious denominations. ISKCON is
choosing to be proactive in preventing such abuse and in formulating Policy
and Procedure Guidelines on how to respond to complaints of leadership
sexual misconduct. Whilst the ISKCON Central Child Protection Office (CPO)
with its Guidelines is equipped to deal with allegations of child abuse, the
establishment of ISKCON’S International Office for the Prevention of
Leadership Misconduct (hereinafter referred to as the PLMO) shall set
standards of behavior expected of leaders and guide in the response to
allegations of sexual misconduct by leaders with vulnerable adults.

In this light, it is important for all participants of ISKCON to understand what
leader sexual misconduct is. Leaders especially need to inform themselves
and others who serve with them. This will help leaders create healthy
boundaries and protect those who serve under them.

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ISKCON will seek to prevent any behavior by its leaders that constitute sexual
misconduct.    ISKCON is committed to providing a safe environment for
worship, work, service and study in all spheres of the institution, including but
not limited to its congregants. Complaints of sexual misconduct will be taken
seriously and will be dealt with in a spirit of justice and compassion.

This Policy and Procedure Guidelines will accordingly focus on leadership
sexual misconduct.

The purpose of this policy is to:

a)     promote a safe, secure and sacred environment in which the dignity of
       all persons is respected and which is free from inappropriate sexual
       behavior, including abuse and harassment.

b)     provide measures to address and eliminate sexual misconduct by
       leaders.



WHAT IS LEADERSHIP SEXUAL MISCONDUCT?

Sexual misconduct within ministerial, service and work relationships within
ISKCON is a betrayal of sacred trust.


It can include child abuse, adult sexual abuse, harassment, rape or sexual
assault, sexualized verbal comments or visuals, unwelcome touching and
advances, use of sexualized materials including pornography, stalking, sexual
abuse of youth or those without capacity to consent, or misuse of the position
of trust by taking advantage of the vulnerability of another. It includes criminal
behaviors in some nations, states, and communities.


Sexual misconduct is a broad range of acts which may overlap in respect of
sexual behavior, sexual harassment and sexual abuse.




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SEXUAL BEHAVIOR AND HARRASSMENT

Sexual behavior is behavior that communicates sexual interest and/or
content. Examples include, but are not limited to obscene gestures, indecent
exposure, jeering or whistling, any physical or computerized display of
sexually offensive, sexually suggestive or explicit materials, use of
pornography, making sexual comments or innuendo about one’s own or
another person’s body, sex life or private life, and touching or rubbing oneself
in the presence of another person.



Sexual harassment is also a form of sexual misconduct and comprises of
repetitive acts of sexual behavior perpetrated on an intermittent or ongoing
basis within a preaching, management, employment, ministerial (including
volunteers), mentor, teacher or colleague relationship that is so severe or
pervasive that it alters the conditions of the relationship by creating an
offensive environment. It includes but is not limited to the acts of sexual
behavior listed above as well as sexual demands, comments or conduct of a
sexual nature, sexual jokes, verbal comments having sexual overtones and
innuendos, letters, e-mails, messages or calls of a sexual nature.


SEXUAL ABUSE

Sexual abuse is a form of sexual misconduct and occurs when a person
within a role of leadership engages in sexual contact with a disciple, resident
devotee, congregant, employee, student, staff member, co-worker, or
volunteer. The sexual contact can range from touching to sexual assault and
intercourse.




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NOTE: Sexual contact DOES NOT have to be co-erced or forced. In the
context of leadership sexual misconduct, the power differential between
leaders and their followers is such that the follower is presumed to be unable
to give consent.


Leadership sexual misconduct in any form is unacceptable, notwithstanding
the fact that the sexual activity may be consensual. Anyone who serves within
and under the authority of ISKCON must be held to the highest standards of
behavior, free of sexual misconduct in any form.


ISKCON’S RESPONSE TO LEADERSHIP SEXUAL MISCONDUCT

ISKCON espouses refined ethical and spiritual values and behaviors which
call for more restraint and sensitivity than would generally be expected or
enforced in secular law. Moreover, as a religious organization, ISKCON holds
broad constitutional rights and autonomy in making ecclesiastic decisions
regarding its own internal affairs, including matters of faith, doctrine and
internal governance.


ISKCON asserts its inviolate legal right and spiritual mandate to evaluate and
make ecclesiastic decisions regarding ISKCON leaders, clergy and personnel
in relation to shastric (scriptural) principles, spiritual standards and the
instructions, elucidations and directives provided by the Founder-Acarya of
ISKCON, His Divine Grace A. C. Bhaktivedanta Swami Prabhupada.


It is against this background that this Policy and Procedure Guidelines intends
to hold its leadership accountable for any acts of sexual misconduct. This is in
addition to any secular laws that may have jurisdiction over sexual
harassment or abuse.




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B. DISCIPLINARY PROCEDURES


PROCEDURES FOR RESOLVING COMPLAINTS:

The procedures to deal with complaints of sexual misconduct aim to ensure
that:-


(a)      Complaints of sexual misconduct are considered seriously and
         sympathetically and are dealt with efficiently and confidentially; and


(b)      The rights of both the complainant and leader (hereinafter referred to
         as the respondent) are respected.


Nothing in these Guidelines should be construed to derogate from the local
laws applicable in the State where the complaint arises from or where local
legislation exists that holds perpetrators of leadership sexual misconduct
accountable for such actions.       In such instances, complainants should be
encouraged to avail themselves of such processes and ISKCON commits
itself to co-operate with secular authorities, where required, in pursuance of
resolving complaints through such judicial processes.


In any event, in so far as not inconsistent with local laws, the following
procedures have been put in place to ensure that complaints of leadership
sexual misconduct are dealt with fairly and properly within ISKCON.


Notwithstanding the fact that the disciplinary procedure is normally only used
where other interventions have failed to produce the required improvement or
when the conduct matter is sufficiently serious to require immediate formal
action, the complainant is entitled to follow the below-mentioned formal
procedure without seeking any other intervention or without attempting to
resolve the complaint informally.




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THE INFORMATION GATHERING PROCESS

  I. Anyone who has reasonable and substantiated suspicion that a leader
     is engaging in sexual misconduct may contact a PLM consultant,
     where possible, and inform the consultant of the allegations of sexual
     misconduct.    However, at least one of the individuals who was directly
     affected by the misconduct must complain to the office before an
     investigation can begin. Anonymous or third-party complaints shall not
     be considered for investigation unless confirmed by the actual person
     who was subjected to an act of sexual misconduct. Nothing precludes
     an individual from contacting the Director of the PLM office to report a
     complaint and/or seek assistance for the appointment of a consultant to
     investigate the complaint.    In such instance, where there are no
     consultants in the area where the complaint has arisen from, the
     Director of the PLM office, in consultation with the relevant ISKCON
     authority, will appoint a consultant who with the supervision of a case
     manager, shall proceed to gather all relevant information regarding the
     complaint.



  II. The consultant reviews the policy with the complainant and determines
     if the complaint is one to which the policy applies. The consultant also
     provides pastoral care and support to the complainant and advises of
     the right to institute legal proceedings, where applicable, against the
     respondent.



 III. The complainant shall submit a written and signed complaint. In the
     event that the complainant chooses not to put the complaint in writing,
     the notes made by the consultant of the conversation with the
     complainant will serve as the written record of the complaint.




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IV. Where a complaint has been received directly by a consultant, the
    consultant informs the Director of the PLM office that a complaint has
    been received and provides a copy of the written complaint and/or the
    written record of the meeting to the Director of the PLM office who will
    then appoint a case manager


 V. Furthermore, in such instance, the Director of the PLM office or case
    manager will inform the relevant local GBC and Temple President
    (unless the complaint is about either of them, whereupon, the Director
    will inform the GBC Executive Committee) of the allegations and if
    there is a prima facie case against the respondent, seek their
    assistance and intervention in the institution of the disciplinary enquiry
    into the complaint.



VI. A consultant is assigned to the respondent and provided with a copy of
    the complaint. The same consultant who attended to the complaint
    may, in the event of there being a shortage of available consultants, be
    assigned to the respondent. Likewise, nothing whatsoever, prevents
    the Director or a case manager appointed by the Director from
    engaging directly with the complainant and respondent with the view to
    expedite the finalization of the matter, especially if there is a shortage
    of available consultants.


VII. The consultant assigned to the respondent contacts the respondent to
    inform him that a complaint has been made and explains the policy
    and procedure with the respondent. A summary of the complaint and
    witnesses’ statements is provided to the respondent at this time and a
    written and signed response is requested. In the event of the
    Respondent being unwilling to respond to the complaint in writing, or
    at all, then the notes made by the consultant of the conversation or e-
    mail correspondence with the Respondent will serve as the written
    record of the response. The same principle will apply to any witness’
    statement that the Respondent may refer the consultant to

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      obtain/interview.


 VIII. The complainant and the respondent may be represented or assisted
      by a person of their choice in providing information to the consultant.



  IX. Whatever information, statements, documents and rebuttals provided
      by the respondent and his/her witness/es shall be copied and provided
      to the complainant. The complainant shall then have the opportunity to
      respond and present additional information in effect, a second time.


   X. If additional information is so submitted, then such information shall be
      forwarded to the Respondent. S/he may then submit their second and
      final response with documents. Thus both parties have two
      opportunities to provide information and respond to one another,
      sequentially.


  XI. The parties to this information gathering process should be encouraged
      to permit their interviews to be digitally recorded whether by way of
      audio or video recordings but should not be coerced in any way to be
      subjected to being recorded.


 XII. All statements, exhibits, interview notes and recordings must be
      furnished to the PLM Office, regardless of whether the consultant finds
      the information credible, relevant or not.



SUSPENSION OF A LEADER PENDING FINALISATION OF
INFORMATION GATHERING AND/OR A DISCIPLINARY ENQUIRY

The Director of the PLM office in consultation with the local GBC and / or the
local Temple authorities (hereinafter referred to as responsible persons) shall
determine whether or not it is necessary to suspend the respondent until
the information gathering and disciplinary enquiry is completed.


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In making the decision to suspend the respondent, the responsible persons
shall within seven days of receiving a complaint:

(i)     provide the respondent with an opportunity to correspond with
        them to provide comment on the appropriateness of the
        suspension;

(ii)    consider the positive and negative impacts the removal of the
        respondent from the accountable position would have on the
        people directly involved in the complaint, other persons in the
        affected community, and the investigation;

(iii)   not make any determination or assumption concerning the
        innocence or guilt of the respondent; and

(iv)    keep in mind that this is a decision to be made in the best
        interests of the community served by the leader, as well as any
        individuals involved in filing the complaint.   It is not, nor is it
        intended to be, a decision with respect to the innocence or guilt of
        the respondent.

(v)     Notwithstanding the provisions of (i) to (iv) above, should the
        respondent be charged with a criminal offence or the alleged
        transgression be of such a serious nature that it requires the
        immediate suspension of the respondent, then s/he should be
        suspended immediately.



THE DISCIPLINARY COMMITTEE

A disciplinary committee composed of three individuals of outstanding
integrity and good judgment will be approved and appointed (and may be
removed) by the Director.      In the selection process, the disciplinary
committee members should ideally be of equal seniority (either in age,
experience, number of years in ISKCON or leadership status) or higher
seniority to the offender. The complainant and respondent will have an
opportunity to object to the appointment of any member.          Any such
objection must be well substantiated.
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The disciplinary committee members (hereinafter referred to as
“member”) shall be certified trained, in the capacity that they hold, by the
PLM office.

QUALIFICATIONS, CHALLENGES AND REPLACEMENT OF A
DISCIPLINARY COMMITTEE MEMBER

a)     Each member shall be independent and impartial and shall not enter
       into direct communication with the complainant, respondent or
       consultants involved in the matter.


b)     By accepting appointment, each member shall be deemed to be bound
       by these rules and any modification agreed to by the parties.


c)     A member shall promptly disclose in writing to the Director, any
       circumstances that might cause doubt regarding the member’s
       independence or impartiality. Such circumstances include bias, interest
       in the result of the adjudication, and past or present relations with a
       party or its representative.


d)     A member may be challenged by either party if circumstances exist or
       arise, that give rise to justifiable doubt regarding the member’s
       independence or impartiality. The outcome of a challenge shall be
       decided by the Director.


e)     In the event of death, resignation or successful challenge of a member,
       a substitute member shall be selected by the Director.


f)     In the event that the member fails to act, or in the event that the
       Director determines that a member of the disciplinary committee is de
       jure or de facto prevented from duly performing the functions of a
       member, the Director shall select a replacement.




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FUNCTIONS OF THE DISCIPLINARY COMMITTEE

The functions of the Disciplinary committee include:


a)    Conducting a thorough assessment of the complaint of sexual
      misconduct.    The disciplinary committee will consider all the
      information provided by the complainant, the respondent and any
      witnesses.    All information should ideally be by way of sworn
      statement but written notes, audio and video recordings, digital
      messages and other forms of acceptable evidence will be
      admissible.

b)    Determining whether the respondent has conducted an act of
      sexual misconduct and the suitability of the Respondent to
      continue having any position or involvement within ISKCON.

c)    Determining any requirements or restrictions as may be
      necessary or appropriate.


CONDUCTING THE DISCIPLINARY ENQUIRY

1.    Within the general guidelines of providing a fair and impartial hearing,
      the Disciplinary committee may conduct the enquiry in such a manner
      as it shall deem appropriate. The members, assisted by the Case
      Manager (appointed by the Director) or the Director, shall be
      responsible for the organization and arrangements of the committee
      and when necessary, may avail the assistance of the Director, case
      manager, local GBC member and Temple President.


2.    The Disciplinary committee will be presented with all information.
      Should it request additional information, the Case Manager or Director,
      will obtain and provide same, if possible and practical.




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3.    The PLM office may be used as a resource, for information regarding
      procedures, general information regarding sexual misconduct, or
      requests for additional information. The PLM Office will also monitor
      and facilitate the deliberations of the disciplinary committee with a view
      to conclude the matter as expeditiously as possible.


4.    The enquiry may be handled in person, by e-mail, video conference,
      and/or telephone, or other means chosen, depending on the proximity
      of those involved and practical considerations.


5.    The proceedings should be carried out in an expeditious manner,
      without undue delay, ideally, while respecting the integrity of the
      review, within 90 days from the disciplinary committee being appointed.


6.    Some latitude is given in the presentation and evaluation of evidence,
      as deemed appropriate by the Disciplinary Committee. Different types
      of evidence include, but are not limited to, written testimonies, audio
      and video recordings, reports from local ISKCON authorities, interviews
      with the complainant and respondent, statements of witnesses, reports
      from civil and legal authorities, psychological assessments and input
      from reputable unbiased others regarding the matter.


7.    Except as otherwise provided in these rules or permitted by the entire
      Disciplinary Committee, no party or anyone acting on its behalf shall
      have any ex-parte communication with the members with respect to
      any matter of substance relating to the proceeding.


DISCIPLINARY COMMITTEE’S DECISION AND RECOMMENDATION

After considering all the information and evidence, the Disciplinary Committee
will come to a conclusion regarding the accountability of the Respondent.
A decision to find the Respondent responsible for the allegations must be a
unanimous decision of the Panel.

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STANDARD OF EVIDENCE AND REACHING A DECISION

1.    Similar to many professional organizations and institutions’ internal
      review procedures, a more relaxed standard of evidence is used than
      often found in criminal court procedures. Some leeway is given to the
      disciplinary committee, so that inappropriate behavior may not be
      shielded by an inordinate standard of proof. At the same time, the
      internal disciplinary process should be fair to all parties. Therefore, the
      disciplinary committee shall consider the preponderance (majority) of
      evidence in the case. "Majority of evidence" means that taken all
      together, the evidence weighs on one side of the question, and it is
      reasonable to conclude responsibility.


2.    If a unanimous decision is reached that the respondent is not
      responsible for Leadership Sexual Abuse the case will be closed by the
      Director. If a unanimous decision cannot be reached, a second
      disciplinary   committee, comprised of three different members will be
      convened for a new enquiry. If the second disciplinary committee
      cannot arrive at a unanimous decision, then the Director will close the
      case. If new complainants or new information comes forward in the
      future a new enquiry can be opened per these Guidelines1 at the
      discretion of the Director.


3.    The Decision of the Disciplinary Committee(s) shall be final and any
      restrictions and requirements determined by the Committee will begin
      immediately. There is a process of appeal and review outlined below.2




1 Refer to section on Renew on page 22
2 See Page 21

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4.   Restrictions and requirements may be set by the Disciplinary
     committee, in consultation with the Director, depending on the severity
     and frequency of the offense. Where serious sexual misconduct,
     (such as rape) and where multiple complainants have been admitted
     or established, the minimum sanction to be enforced will be a
     lifelong ban from holding any position of leadership within ISKCON. A
     range of restrictions, including time limitations, is possible, particularly
     with cases of less severe sexual misconduct and depending on the
     position of leadership held.


     For acts of sexual misconduct which are admitted or established,
     depending on the severity of sexual misconduct, a wide variety of
     discipline may be considered and implemented. Besides (i) restrictions
     on any future leadership positions, other restrictions and requirements
     may include some or all of the following: (ii) suspension from certain
     activities or services for stated time periods; (iii) expulsion from a
     particular ISKCON center, community, or communities; (iv) restriction
     from living in, or staying overnight , at an ISKCON center or ISKCON
     owned property; (iv) requirements for education or counseling leading
     to an assessment of trustworthiness; (v) where appropriate, adequate
     apology and or restitution to the victim(s); (vi) completion       of     a
     program designed to change the intrusive behavior; (vii) counseling
     with a therapist with the appropriate credentials and (viii) any other
     discipline, program, requirement or counseling which serves to protect
     the victim and community, discipline and correct the offender and
     prevent future intrusive behavior




5.   As much as is reasonable, the Director shall endeavor to advise the
     Committee regarding restrictions and other disciplines so as to provide
     reasonably consistent restrictions and decisions regarding cases of
     similar severity and circumstances throughout the global ISKCON
     society.
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6.     In some rare instances, the Director may determine sometime later that
       changes of circumstances may justify reducing requirements or
       restrictions. This can be done only with the unanimous consent of the
       Director and the original Disciplinary Committee, ie. the Disciplinary
       Committee that produced the applicable decision. In the event that any
       of the original members are not available, the Director may appoint
       new Panel Members.




JURISDICTION AND SCOPE OF DISCIPLINARY COMMITTEE DECISIONS
LIMITED TO ISKCON


Disciplinary Committees may set restrictions and requirements for an
individual’s relationship with ISKCON Centers. These restrictions constitute
ecclesiastic discipline. The intention of restrictions is to protect those who
surrender to the process of Krishna consciousness from any undue risk; limit
the position of leadership within ISKCON to those whose character and
behavior is consistent with its spiritual principles; prevent legal risk to the
institution; show respect to the victims and assist them in their journey to heal;
act as a deterrent to future potential offenders; and where possible, assist all
parties in continuing their spiritual advancement.




WRITTEN DECISIONS

The Disciplinary Committee after arriving at its decision, will write an Official
Decision on the case. The Director or Case Manager may assist in writing this
document. The decision should be written in clear and simple language.
Furthermore, the decision must review the allegations and evidence
presented that indicates the Respondent has acted contrary to Krishna
conscious principles and behavior of the standard expected of a leader. It
shall thus present the findings of the committee, and clearly state any
Restrictions, Requirements, and Recommendations it deems appropriate.
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DISTRIBUTION OF DECISIONS

A Decision of a disciplinary committee and any restrictions shall be released
at the discretion of the Director. All immediately concerned parties will be
provided with the written decision, including the local ISKCON authority
(Temple President), spiritual master (if any) and local GBC.


Notwithstanding the confidentiality policy3 below, The PLM office will serve as
the clearinghouse for all legitimate screening requests regarding disciplinary
enquiry decisions, from authorized ISKCON centers. It is understood that
ISKCON leaders and those in position of responsibility will need access to
Disciplinary Committees’ decisions on a regular and updated basis.


DECISIONS WHERE A PERSON HAS BEEN FOUND GUILTY OF SEXUAL
OFFENSES IN A CRIMINAL COURT

Individuals involved with ISKCON who have been found guilty of sexual
offences in criminal courts should be considered unsuitable for a position of
leadership within ISKCON.
In these cases of clear finding of guilt by the secular legal process, it is not
necessary to go through an ISKCON disciplinary process. Those who have
been convicted, or found guilty, of sexual misconduct in legitimate criminal or
civil court proceedings will be restricted in their relationship with ISKCON
temples and projects in the following manner:


i.     They cannot have any position of leadership within ISKCON or publicly
       represent ISKCON in any way.
ii.    They cannot reside in temples or stay overnight.
iii.   They cannot give class or lead kirtan in any ISKCON sponsored activity
       or event (which for the purposes of these guidelines and policies shall
       be considered acting in a leadership position).
iv.    They cannot be present at a temple if their complainant(s) are also
       present (without the complainant’s uncoerced consent).



3 See page 19

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The Director of the PLM office shall verify that they have been found
guilty in a criminal court proceeding. Extenuating circumstances that
would warrant either the relaxation of the above restrictions, or warrant
more strict restrictions to the above standards would require review from
the Director of the PLM office.

ADDITIONAL POLICIES AND PROCEDURES


1. CONFIDENTIALITY

All parties involved in all stages of the disciplinary process, must take the
utmost care to ensure confidentiality and sign a non-disclosure agreement.


All parties involved in the Disciplinary process shall treat the disciplinary
enquiry and any related information as confidential, unless otherwise required
by law.


Whilst there are limited circumstances as described in the Distribution of
Decisions paragraph above, information may be disclosed to a third party on
“need to know” basis to those who have a genuine and official role in ISKCON
and a legitimate reason for requesting information from the case file.


The PLM office will make all reasonable efforts to respect any request for
anonymity by confirmed victims and witnesses within the ambits of a fair
process. Where names have been redacted and / or withheld, it shall only be
done on the basis that no malice has been established and the credibility of
those seeking anonymity have been verified.




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2. APPLICATION OF DECISIONS THROUGHOUT ISKCON

Requirements or restrictions determined by the Disciplinary Committee cannot
be reduced by a local community, temple president, or local GBC. The
decision of the committee constitutes the minimum restrictions that an
ISKCON organization or community may place on a Respondent.                  An
ISKCON entity such as a temple may choose to invoke more stringent
restrictions. However, it is expected that all ISKCON entities will carefully
consider these decisions of the Disciplinary Committee before imposing more
stringent limitations, as the constraints prescribed therein are deemed to be
sufficient.


3. STATUTE OF LIMITATIONS

There is no statute of limitations within ISKCON’s Prevention of Leadership
Misconduct system.


4. DOUBLE JEOPARDY

A complaint against a leader can be brought before a Disciplinary Committee
only once, with the exception of a failure of a Disciplinary Committee to reach
a unanimous decision, as explained above4 or the requirements for an
application to renew being complied with.5 However, if new complainants
come forward, the Director can open a new case and initiate a new
disciplinary enquiry.
Conversely, if a person found responsible for unacceptable behavior by a
Disciplinary Committee later (beyond the time frame for lodging an appeal)
submits overwhelming evidence showing innocence, the Director may decide
to reconvene the original Disciplinary Committee, or if that is not possible, to
hold a second disciplinary enquiry with as many original members as
possible, and that Disciplinary committee shall have the authority to overturn,
re-affirm or modify the earlier decision.

4 See paragraph 2 Page 15
5 See Page 22

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APPEAL, REVIEW AND RENEW

Anyone found responsible for behavior contrary to Vaisnava principles, or a
complainant of such alleged behavior who was not satisfied by the decision of
a Disciplinary Committee may apply for an appeal, review, or renewal of that
decision.


APPEAL

An appeal shall be based upon matters of fact or information allegedly
overlooked or misapprehended by the original disciplinary committee. A
petition for leave to appeal must show that the disciplinary committee
overlooked or misapprehended the facts or lacked proper consideration of the
evidence in relation to the allegations vis-à-vis the offense in a substantial
way, and accordingly mistakenly arrived at its earlier decision.


Effectively, the Appellant would have to satisfy the test of whether another
disciplinary committee evaluating the same evidence would have come to a
different decision.


A petition for leave to appeal is not to be used as a means by which an
unsuccessful party is permitted to argue again the same issues previously
decided. Nor does it provide an unsuccessful party with a second opportunity
to present new or different arguments from those originally asserted.


REVIEW

An application for a review is based on an allegation of procedural irregularity
or impropriety by the disciplinary committee. Evidence to that effect would
have to be tendered by the Applicant.




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RENEW AND IT’S PROCEDURES

An application for leave to renew is based upon new facts not presented to
the PLMO that would change the prior decision and must contain a
reasonable justification for the failure to present such facts during the
information gathering stage of the process.


The additional evidence offered on an application for leave to renew must be
either newly discovered or have been unavailable to the applicant at the time
of the filing of the complaint or in his/her response to the complaint.


The Director will consider the application and perform an initial screening to
decide if there is indeed new and compelling additional evidence that might
have resulted in a different outcome had this evidence been available to the
original disciplinary committee.


Should the new evidence have no potential prospect of changing the outcome
of the earlier decision, a denial letter will be issued and no further action will
be permitted.


In the event that an application to renew is granted, the Complainant or the
Respondent as the case may be will have an opportunity to respond to the
new evidence. Thereafter, the original disciplinary committee which made the
decision in the case will be reconvened. In the event that any of the original
members are not available, then the Director of the PLM office may appoint
replacement Panel Members.


The decision consequent to considering the new evidence will be final and
binding and no further leave to appeal, review or renew will be allowed
thereafter.




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APPEAL AND REVIEW PROCEDURES

The following procedure will apply:

i)     An application for an appeal or review must be made within 60 days of
       receipt of the decision.


ii)    The devotee applying for an appeal (the Appellant) of the decision
       shall submit a written application to the Director containing his/her
       reasons, illustrating why s/he believes that the disciplinary committee
       erred in a matter of fact (e.g. misunderstood the facts) or rule (e.g.
       incorrect standard of proof was applied).


iii)   The devotee applying for a review (the Applicant) of the decision shall
       submit a written application to the Director containing his/her reasons,
       illustrating why s/he believes that there was bias on the part of the
       disciplinary committee or procedural irregularity (eg. inadmissible
       evidence such as hearsay evidence was given paramount importance
       in reaching the decision).
       Allegations of bias or procedural irregularities must be properly
       substantiated with supporting evidence.


iv)    If the application appears to have potential merit, the case will be
       presented by the Director to the Appeal / Review Disciplinary Panel
       (A/RDP). The A/RDP will consist of three senior Appeal / Review
       Disciplinary Panel members, who have not served on the first Panel,
       and are selected by the Director.


v)     The A/RDP will first make a decision on the merit of an appeal.


       An appeal may be granted by the A/RDP only if:


        (a) The members mis-applied themselves to the facts or the evidence;




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        In the case of a review:


         (a) Procedures     used   in   the   original   disciplinary     proceedings
              prevented a fair and impartial hearing; or


         (b) Bias has been shown to exist.


vi)     If the A/RDP unanimously decides that there is sufficient reason to
        grant an appeal or review, they will review the case again, and write a
        new decision.


vii)    All restrictions imposed by the original disciplinary committee remain in
        place during the appeal or review, unless the A/RDP, at their sole and
        unanimous discretion, reduce or set aside restrictions during the
        process of appeal and/or review.
viii)   The proceedings of the Appeals/Review Disciplinary Panel will be
        conducted in a similar manner as the first hearing.             Generally, the
        Panel will review all information from the first disciplinary enquiry, as
        well as any new arguments or evidence presented, and they shall allow
        a one-time response from the Appellant and the Appeal Respondent
        regarding the aspects that the Appellant has raised in his/ her grounds
        of appeal or review. The decision of the Appeal / Review Panel will be
        final. There is no further process of appeal or review.




FEEDBACK AND EVALUATION OF THE PLM OFFICE

In its efforts to serve ISKCON and its followers more effectively, the PLM
office invites and will consider all feedback and concerns that it receives from
ISKCON leaders and other participants who have used the services of the
PLM office.     Feedback must be made in writing and sent directly to the
international PLM office director for consideration.




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CONCLUSION

Nothing in ISKCON’s policies or Guidelines with regard to the prevention of
leadership misconduct, or in the functioning of the ISKCON’s Prevention of
Leadership Misconduct Office (“PLM office”) shall be construed as approving
any act, action, or conduct which is or has been or may be in violation of any
existing laws nor shall it constitute a defense to any action, suit or proceeding
prohibited by law.




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APPENDIX A: GENERAL PRINCIPLES FOR ISKCON LEADERS


1.   Actively practise and live by example the philosophy and teachings of
     ISKCON as presented by its Founder Acarya, His Divine Grace A.C.
     Bhaktivedanta Swami Prabhupada which include not associating
     inappropriately with another person in a manner which constitutes an
     act of sexual misconduct.


2.   Respect the rights, dignity and worth of each person at all times; act
     with integrity and conduct relationships with others in a non-intrusive
     manner consistent with Vaisnava spiritual culture and ideals.


3.   Abide by all GBC resolutions, particularly in respect of the standards of
     behavior expected of leaders.


4.   Develop self-control and at all times remain honest in thought and
     deed.


5.   Remain worthy of the trust of those who are under the care of the
     leader.


6.   Promptly report any complaints or incidents of sexual misconduct or
     intrusive behavior to the PLM office.


7.   Reach out supportively to all persons adversely affected by an incident
     of sexual misconduct and communicate sincere commitment to their
     spiritual, physical and emotional well-being.


8.   Read, understand and comply with these Guidelines, including policies
     regarding confidentiality.




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APPENDIX B: PREVENTATIVE AND RESPONSE PRINCIPLES

In the effort to deal properly with an offense, and more importantly to prevent
sexual misconduct, all ISKCON centers will work to institute the following
measures:
1.    Employ appropriate screening and evaluative techniques (including
      criminal background checks and contacting references, where
      necessary) to assure the fitness of all ISKCON leaders, not limited to
      those engaged in preaching and/or pastoral activities, spiritual,
      institutional or human resource management, ministerial (including
      volunteers), mentors and teachers, as well as anyone serving in
      positions of trust and leadership.


2.    Educate all those serving as leaders (in whatever capacity of trust and
      respect they hold) about expected standards of behavior.


3.    Require every person engaged within ISKCON to read, comply with
      and support this Policy and Procedure Guidelines. This includes
      ISKCON leaders, clergy, personnel, employees and those volunteers
      who are given responsibilities that regularly involve contact with other
      persons.


4.    Respond promptly to all allegations of sexual misconduct by informing
      complainants of their rights of recourse in terms of the local secular
      laws, where applicable and of the provisions of these Guidelines.


5.    As indicated by circumstances, where appropriate, temporarily relieve
      from duty a Respondent until the matter is fully investigated as required
      by the Disciplinary Procedures.


6.    Ensure compliance with any PLM disciplinary decision.


7.    Reach out supportively to complainants, and to all other persons
      adversely affected by the incident and communicate our sincere
      commitment to their spiritual, physical and emotional well-being.
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APPENDIX C: ROLE AND DUTIES OF THE ISKCON INTERNATIONAL
PLM OFFICE AND (WHERE APPLICABLE) REGIONAL PLM OFFICES

Individuals who have been found responsible for child abuse or leadership
sexual misconduct will not be allowed to serve as the International Director,
Regional   Director,   Disciplinary   Committee   Member,    Appeals/Review
Disciplinary Panel member, PLM consultant or other staff position.


A. The PLM office will serve a number of functions:

1.    To raise awareness and disseminate information about standards of
      behavior expected of ISKCON leaders as well as what is considered to
      be acts of sexual misconduct.


2.    With the assistance of the ISKCON’s Governing Body commissioners
      and local ISKCON authorities endeavor to establish regional/satellite
      PLM offices which will coordinate investigations into complaints of
      leadership sexual misconduct.


3.    To train, coordinate and network with regional/satellite PLM offices,
      where such offices are established.


4.    To organize seminars and training on prevention of and response to
      complaints of leadership sexual misconduct.


5.    To guide and engage local PLM consultants, disciplinary committee
      members and appeal/review disciplinary panel members.


6.    To keep all records and files for use in screening, etc., and share with
      appropriate ISKCON leaders, according to policies outlined in these
      Guidelines.




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B. REQUIREMENTS FOR INTERNATIONAL DIRECTOR AND REGIONAL
DIRECTORS:

Mature, objective, learns quickly, self-motivated, has good people skills, has
integrity, empathetic, well organized, multi-tasker, computer literate, can
delegate assignments, a good office manager, good communication skills,
spiritually strong and balanced, understands and advocates for the high moral
standards and character of leadership within ISKCON, knows the importance
of preventing leadership misconduct and the impact of the violation of trust
resulting from sexual misconduct by leaders. Has education and experience in
the field of prevention of sexual misconduct and response, counseling,
advocacy and/or law.


C. DUTIES OF INTERNATIONAL DIRECTOR:

1.    Prepare and present training as well as reference materials appropriate
      for different audiences, such as GBCs, TPs, school staff, case
      managers, PLM consultants, disciplinary committee members and
      Appeal/Review disciplinary panel members.


2.    Supervise and direct other PLM staff and volunteer members.


3.    Counsel local consultants and regional offices as needed.


4.    In consultation with local ISKCON authorities, guide in the appointment
      of PLM consultants and case managers to supervise consultants and
      the co-ordination of the disciplinary enquiry system for cases of alleged
      sexual misconduct, including selection of disciplinary committee
      members and A/RDP members.


5.    At the request of local ISKCON authorities, co-ordinate the staffing of
      and training for investigation, disciplinary enquiry, appeal and review
      system.


6.    Interface with ISKCON leadership; attend annual GBC meetings, etc.

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D. FUNCTIONS OF REGIONAL OFFICES

1.    In parts of the world where there is an Office, it shall under the
      leadership of the Regional Director perform all the above functions, as
      applicable, within that region, coordinating efforts with the International
      Director.


2.    Complainants and respondents in an area covered by a Regional office
      shall work exclusively with that office and not the International office
      and the decisions of the Regional Directors in the consideration of the
      potential prospects of applications for renewals are final and binding.


REQUIREMENTS FOR PLM CONSULTANTS

Spiritually strong and balanced, understands and advocates for the high moral
standards and character of leadership within ISKCON, knows the importance
of preventing leadership misconduct and the impact of the violation of trust
resulting from sexual misconduct by leaders. Has education and experience in
the any of the following fields: prevention of sexual misconduct and response,
investigating, counseling, psychology, advocacy and/or law or be willing to be
trained to fulfill the role of PLM consultant as described in the Policy and
Procedure Guidelines.


ALLEGATIONS AGAINST PLM STAFF

In the event of complaints of mishandling of a case by PLM consultants or
PLM staff, the matter should be reported to the relevant regional PLM
Director, where applicable or to the director of the international PLM office,
who will conduct an inquiry, if s/he deems necessary. Where complaints
pertain to the international PLM office Director, the issue should be presented
to the GBC Executive Committee.


Allegations of sexual misconduct against PLM staff or consultants must be
reported directly to the International PLM Director who will institute an
investigation in the usual manner.

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Allegations of sexual misconduct against the international PLM Office Director
or a regional PLM office director will be referred the GBC Executive
Committee.




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