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Eido T. Shimano (roshi) sues Zen Studies Society
Of possible general interest:
On Jan. 3, 2013, Eido T. Shimano filed a $2-million-plus lawsuit against Zen Studies Society in the Supreme Court of the state of New York. The suit, which demands a jury trial, seeks to retrieve money and artifacts which Shimano and his wife Aiho claim were wrongfully withheld by the society.
With the support/donations of a willing sangha (community), Shimano helped to build Zen Studies Society starting in the mid-1960's. ZSS now has a New York City center (Shobo-ji) and a monastery in Livingston Manor, N.Y. (Dai Bosatsu). In the decades since Shimano helped to shape ZSS, he has been widely accused (see the Shimano Archive among others) of sexual and fiduciary improprieties, which may now make it into the light of day in a courtroom.
It is not clear at the moment whether ZSS will fight the Shimano suit. As the suit itself makes clear, ZSS is not only disinclined to pay the Shimanos under their rich pension package, but is also seriously strapped for funds, whatever their inclinations may be. It is hard not to speculate that in order to fight the lawsuit, ZSS might be forced to sell one or both of its properties and thus, in effect, destroy the institution itself.
Zen in America ... and you thought "Dallas" was gone forever.
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Comments
My 6th grade teacher said to instead of fighting someone to get back at them to hit them in their wallet. This sounds terrible. Shooting arrows of shame, regret, and anger at Eido.
That's actually a way to teach mandalas. 2 million dollars is empty. How can that be? The answer = mandalas.
Wow, amazing how with some people it never ends, though. Is he even aware of how much damage he's already done?
I had a friend named Davidson who was once accused of sexual assault. The woman was later found out to be a complete liar. However, even though he wasn't found guilty, there was still branded upon his record: a stigma, a Scarlett Letter that still affects his career to this day.
ZSS could be completely in the right, and Eigo could be completely in the wrong; regardless, this is still damaging to the reputation of both.
I wish the best for both parties.
I wonder if Shimano can even be trusted to be truthful with his lawyer. Has anyone fact-checked the history set forth in the document? If I'm wrong, by all means, correct me.
Also, could you explain how the ZSS could simply vote to breach the contract and stop paying him? That seems odd. Is there more to the story there?
Many Zen students left, either because they worshiped Shimano and refused to believe forty years of women and their families complaining about his abuse, or because they were disillusioned with the entire teachings since this was supposed to be the Perfected Roshi. I'm not surprised they are struggling now. Really, they should just give the movement a decent ending.
What this shows is the danger of the Roshi and Master worship that still permeates Buddhism in the West including those who follow other schools like Tibetan. This myth that people with the title who have absolute power in the Sangha and whose authority and behavior, no matter how destructive, is never to be questioned? It's silly and dangerous and stupid. The students become invested in the sacredness of their leader and excuse terrible destructive actions because "who are you to question the enlightened teacher?"
And no, your favorite Roshi is not an exception to the rule. He (almost always a he) is only human. Knowing the Dharma and being good at teaching the Dharma does not place him above human faults, problems, and emotions. Buddhist temples and organizations still have the same social and structural problems of wanting to protect the group even when it hurts the individual. And in the worst cases, neither you nor I can see past a con artist's mask to the devil beneath, because they make a living fooling people like us.
Another thing that seems odd, going back to the history Cinorjer posted, is that in the beginning, when Shimano was serving in Aitken's sangha in Hawaii, two young women were hospitalized in a psych ward, due, it was discovered, to Shimano's repeated sexual abuses. In his notes Aitken says he didn't know Shimano was "pathologically compulsive". After he got a letter from the doctor in the women's case, confirming that the problem was caused by Shimano, Aitken could have initiated deportation proceedings, and requested a new teacher from Japan, but he didn't. He considered it, but didn't follow through. He did travel to Japan to talk to Shimano's teacher, but took no further action. And the notes say that even he and his wife were somewhat fearful in Shimano's presence; there was something not normal about him. So why would the Aitken's unleash this scourge on the continental US? Of course, hindsight is 20/20, but still, it seems like some major red flags were brushed aside. IIRC, it was Aitken's wife who urged him to keep it quiet, because she didn't want those two girls whose recovery was shaky, to suffer from the publicity that might result if they deported Shimano...?
So, genkaku, are you going to keep this thread open, and post updates and news breaks?
- - - - - - - -
On March 16-19, 1993, a meeting was held in Dharamsala, India, between His Holiness The Fourteenth Dalai Lama and a group of twenty-two Western Dharma teachers from the major Buddhist traditions in Europe and America. Also present were the Tibetan lamas Drikung Chetsang Rinpoche, Pachen Otrul Rinpoche, and Amchok Rinpoche. The aim of the meeting was to discuss openly a wide range of issues concerning the transmission of Budhadharma to Western lands.
The following statement ensued from the meeting:
“Each student must be encouraged to take responsible measures to confront teachers with unethical aspects of their conduct. If the teacher shows no sign of reform, students should not hesitate to publicize any unethical behavior of which there is irrefutable evidence. This should be done irrespective of other beneficial aspects of his or her work and of one's spiritual commitment to that teacher. It should also be made clear in any publicity that such conduct is not in conformity with Buddhist teachings. No matter what level of spiritual attainment a teacher has, or claims to have, reached, no person can stand above the norms of ethical conduct.”
—Signed:
Fred von Allmen, Brendan Lee Kennedy, Ven. Ajahn Amaro, Bodhin Kjolhede Sensei, Jack Kornfield, Martine Batchelor, Dharmachari Kulananda, Stephen Batchelor, Jakusho Bill Kwong Roshi, Alex Berzin, Lama Namgyal (Daniel Boschero), Ven. Thubten Chodron (Cherry Greene), Ven. Tenzin Palmo, Lama Drupgyu Crony Chapman), Ven. Thubten Pende (James Dougherty), Lopon Claude aEsnee, Lama Surya Das (Jeffrey Miller), Edie Irwin, Robert Thurman, Junpo Sensei (Denis Kelly), Sylvia Wetzel.
- - - - - - - -
This is a start, but it puts all the responsibility on the students' heads. Accountability needs to be built into the system from above, as well. If only via contracts and complaint procedures put in place at the Dharma Center level.
I did not get the impression that Shimano's teacher and lineage showed much concern with the facts Aitken had presented. A de-frocking did not occur. The problem is that once these teachers arrive in the West, they become free agents. Some (Trungpa and Sogyal Rinpoche) have continued teaching even when censured by their lineage heads.
The only consequential thing I can imagine is ZSS' legally-filed response to the lawsuit ... will it be fight or flight? I don't know, but since ZSS is going to take a financial hit they cannot afford whatever the outcome, I hope they stand their ground.
And what is interesting is that zen teachings themselves, don't involve any worshiping of anyone. In fact, you're supposed to kill the teacher, not worship them!
http://lachs.inter-link.com
As the Japanese say, "Fall down seven times, get up eight." The presumption is not that anyone could avoid falling down ... that's in the cards and probably one of the most enriching things about practice. The matter of getting up is entirely up to the individual ... get up after a nasty fall; get up after a shining break-through ... just get up.
Here's some form wikipedia about his acclaim including the Karmapa's approval:
But I’ve seen enough of these jokers (“spiritually awakened teachers” ). I’m not taking them seriously any more. There is no superior wisdom in them, no unbroken lineage to the Buddha. It’s a deliberate lie.
Zen Buddhism is a sick old man because of this institutionalized practice of idolizing the teacher and making oneself as a student very small and modest.
The sad truth is that if we have some common sense we’re wiser than our “teachers” who are mostly freaks or sociopaths.
“Each student must be encouraged to take responsible measures to confront teachers with unethical aspects of their conduct. If the teacher shows no sign of reform, students should not hesitate to publicize any unethical behavior of which there is irrefutable evidence.
Oh, like that's going to happen. So HHDL thinks the answer is to tell the victim to confront the abuser and system that enables the abuser? I'm sure he means well and I love hearing his Dharma talks, but he doesn't have the power to make changes in a temple system that has remained stagnant for centuries, because he's a product of that system.
He says: This is completely false! Something like 2% of zen teachers is not even close to "many". It would be more accurate to say "Very few zen teachers" have done this.
TB suffers from this ailment in differing degrees within all its lineages.
Maybe its fated that once all the deadwood is gone, there will emerge a more streamlined and reformed new school.
Eventhough the process has started, it must run it's course, that will take some time.
Since this meeting, some Western Dharma centers (Jack Kornfield's Spirit Rock center, for one) have introduced behavioral strictures, contractual obligations and other accountability measures for teachers. Of course it would be great if the Zen and other Buddhist "systems" implemented accountability measures of their own, but it may be unrealistic to expect the institutions to be effective at policing themselves.
I've noticed that the DL in more recent years has publicly criticized errant Western teachers of Tibetan Buddhism. But he wouldn't do anything to introduce controversy in his own ranks. Besides, he already seems to have his hands full with the Dorje Shugden controversy.
At the same time I think it's important not to get selection bias of the 'bad apples' and extrapolate that to 'guru's are corrupt'. It's important to avoid such a broad brushstroke that ALL gurus are viewed as negative. The reason I say that is that there are beings suffering and a guru with knowledge and a kind heart and ethics can help so many of these beings. I believe there is something you can get from the dharma that you wouldn't get from a therapist. Thus gurus are a treasure.
That's the real question.
That answer can't be fobbed off on how others act, or it's all I've known for x years of training, or "enlightened" or deluded teachers, what is a true Dharma heir and what isn't, cultural misunderstandings, not knowing how to act in the presence of a teacher, crazy wisdom too arcane to account for, or anything else that excuses one from manifesting compassion, empathy, sympathy, tenderness or benevolence.
The Zen that I know is not held by a teacher, a linage or a school. It is simply the Buddhist art of widening one's heart and being present.
Those not seeing that in evidence where they train should simply walk away from the empty buildings, organizations or teachers that purport to be Zen. The traditional solution for Zen teachers who dishonored themselves was to no longer be given alms by the locals.
I wonder how much foolishness today would occur if yesterday's threat of starvation was still the common response.
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One reason I've never stuck with a sangha for the long-term is that I've never encountered a teacher who had any of the qualities you list. I think teachers who manifest those qualities are rare. I can't help but wonder how naive it may be to even expect that. Most teachers I've encountered are simply monks who have absorbed a certain amount of material, and can teach from the book, literally. They're just scholars of a sort, and make no claim to any sort of realization. Some sanghas run by Western followers put the head of the lineage up on a pedestal, and everyone's expected to follow suit. And on the rare occasion that personage visits, it's a very big deal. But I've never seen one who shows any compassion, kindness, empathy, etc.
Sometimes the nitty-gritty is not all peaches and cream.
I was saddened by what Dakini wrote but it is also a very common experience. Just like the Buddha, we have to look to our authenticity and integrity and not be blinded by expectation, greed for progress, hate of ignorance and the delusions of ourself and others.
Once we make this genuine commitment and find this integrity, we are sitting not just with the Buddha but as a potential Buddha.
We can then go into a special relationship with the three jewels. They become representations of an ideal, independent of any reality surrounding our experience.
We can take refuge in their potential. For example the Dharma is so well expressed by so many genuine authors and teachers. The message is very clear and prescriptive. In the kali yuga we can sit in the cemetery of dead frauds, the Church of the sacrificed Bodhi, the empty temple, the centre of pious fools and the Buddha sits next to us.
It has always been this way. We become the sangha, the dharma and the buddha. :om:
Written Feb. 8, 2013, Benezra's letter is posted on the Shimano Archive: http://www.shimanoarchive.com/PDFs/20130208_Benezra_Chayat.pdf
Looking forward to clarification as the case unfolds.
The letter reads (in my view) like a lawyer-generated effort to pressure ZSS ... and make sure the suit is settled out of court so that "scurrilous" accusations do not have to be addressed or assessed in the light of day.
Here is the letter allegedly penned by Shimano:
http://www.shimanoarchive.com/PDFs/20130213_Shimano_ZSS.pdf
Here is ZSS' court response to the Shimano suit. The nitty gritty is about halfway down in "counterclaims."
http://www.shimanoarchive.com/PDFs/20130213_Ans.andCounterclaims.pdf
http://zenforuminternational.org/viewtopic.php?f=73&t=3584&start=2120 Letter at end of page
The hint in the letters is that ZSS might countersue for the damage done to their institution, especially if the audit finds anything from the time Shimano was in charge of the board and the pocketbook. I don't think we've heard the last of this.
Eg.:
On the second Counterclaim an Injunction ordering Shimano Roshi to
repay to the ZSS all salary payments made to Shimano Roshi during the period of his
violations of his fiduciary and ethical duties, and in particular his sexual misconduct·
(d) On the Third Counterclaim an Injunction ordering (i) Shimano Roshi and
Yasuko Shimano to repay to the ZSS all payments made to them under the DCA and (ii)
Shimano Roshi and Yasuko Roshi [sic] immediately to vacate the ZSS cooperative apartment and effect a full and official transfer of title to the cooperative apartment to the ZSS or its agent;
(e) An Award to the defendant of$2 million....