Divestiture or Disqualification
Definition
An appropriate authority according to ISKCON Law can order the divestiture (disqualification) of a devotee for his performance of specified activities in any one of following categories:
1. Right to initiate by an ISKCON guru
2. Priestly functions (worshipping the deity, performing fire yajña, etc.)
3. Managerial authority (Temple President, Regional Secretary, GBC Member, Temple Board Member, Department Head, gurukula teacher)
4. Preaching responsibilities (authority to give temple classes, public speaking and other preaching on behalf of ISKCON)
Divesting Authority
Generally the authority who invested, or given the authority can also divest, the devotee unless otherwise provided for in ISKCON Law.
Dissociation
Dissociation is an order which restricts, excludes or prohibits the association and participation in ISKCON to one of the following degrees:
1. Prohibited from being a dependent ISKCON (temple) devotee.
2. Prohibited from living in a ISKCON community
3. Prohibited from being an active temple or congregation member but can visit as a guest.
Reasons for Discipline
Persons participating in ISKCON's activities, regardless of ashram, occupation, initiation status or previous history, may have their participation restricted when their continued association is likely to disturb the peaceful conduct of the affairs of ISKCON. Activities creating such a disturbance are to be defined and determined at the ecclesiastical discretion of the GBC, and may include, but are not limited to:
Misconduct and Failure to Follow Authority
- Wilful violation of GBC resolutions.
- Vilification of ISKCON, the GBC Body, or other ISKCON authorities.
- Misconduct (breaking of service agreements, physical assault except in self-defense, improper relationships with the opposite sex, improper sexual behavior, abusive behavior and quarrelling with devotees, improper dealings with the external society, and so on.)
- Habitually or knowingly making false charges and accusations or other vaisnava-aparadhas.
- Serious interference in the guru and disciple relationship.
- Duplicitous or untruthful dealings (giving false promises to devotees, lying to spiritual authorities, and other serious prevarications).
- Acts that endanger ISKCON assets and the preaching mission.
Depending on the severity of any improper activity, corrective steps may consist of informal discussions, written warnings or censures, disciplinary measures such as placing the offending participant on probation or suspension, or permanent prohibitions against future participation, or any other measures deemed appropriate to the situation by the GBC.
Disciplining Authority
The GBC Body, the GBC Executive Committee, any Regional Governing Body, Divisional Council, National Council, Zonal Secretary, or local affiliate authority which includes the local temple executive or board or other authorized persons may decide to restrict anyone from participating in ISKCON activities under their jurisdiction.
Censure
Censure is a reprimand aimed at reformation of a person participating in ISKCON's activities and prevention of further offending acts. It is a preliminary step that may lead to probation or suspension. Censure may serve as a condition precedent to other forms of religious discipline.
When ordering the censure, the disciplining authority must clearly set forth in writing to the disciplined person the specific actions that were irresponsible, inappropriate, or in violation of ISKCON Law and why they were judged so.
Probation
Probation applies when the disciplining authority has determined there have been serious or repetitive breaches. It is an opportunity for a person facing disciplinary action to rectify his or her situation and regain their status as a participant in good standing. When ordering the probation, the disciplining authority must clearly set forth in writing to the disciplined person:
- the specific breaches and why they were judged so.
- the specific program of rectification.
- the specific prerequisites for restoration, if any.
- the time period of the probation, which shall be no longer than one year.
At the end of the period of probation, the disciplining authority must decide one of the following:
- The participant is rectified and is no longer on probation.
- A determination of further probation under the same or modified conditions is required to complete the rectification process.
- The person cannot be rectified within a reasonable period of time and must be suspended from participating in or permanently disassociated from the societyâ?™s activities under the jurisdiction of the disciplining authority, as per the terms given below.
Suspension Pending Investigation
When there is substantial reason to believe that a person participating in ISKCON's activities has acted irresponsibly, inappropriately, or in violation of ISKCON Law and the personâ?™s continued participation will be injurious to the properties, good name, physical assets, or other resources of the society, or if there are serious allegations of impropriety requiring investigation, then a participant shall be suspended pending investigation.
Suspension pending investigation is to separate a person from ISKCON activities so that a thorough investigation of allegations may be conducted and the suitability of the person to participate is determined.
The disciplining body must conduct an immediate investigation so as to minimize disruption. After completion of the investigation, the body shall make a determination as to the truth of the allegations and the future course of action as per one of the following:
- The suspension shall be revoked with no further restriction on participation.
- There shall be a probationary period with a program of rectification as described under probation above.
- He or she shall be suspended from participating in or permanently banished from the societyâ?™s activities under the jurisdiction of the disciplining authority as per the terms given below.
Suspension
When there has been a determination that a person has acted irresponsibly, inappropriately, or in violation of ISKCON Law such that the personâ?™s continued participation in the activities of ISKCON is likely to damage the good name, reputation, or other resources of the society, or significantly violates the teachings and precepts of Srila Prabhupada and Krishna consciousness, as determined by the GBC, but there is the possibility that the person may eventually be rectified, then the person may be suspended from participating in all activities of the society under the jurisdiction of the disciplining authority.
When ordering the suspension, the disciplining authority must clearly set forth in writing to the disciplined person:
- the specific breaches and the grounds or bases thereof
- the specific prerequisites for restoration
Suspension of the right to participate is not limited by time, but shall remain in effect until specifically withdrawn by the disciplining or any higher authority.
Excommunication
When there has been a determination that a person has acted irresponsibly, inappropriately, or in violation of ISKCON Law such that the personâ?™s continued participation in the activities of ISKCON is likely to damage the good name, reputation, or other resources of the society, or significantly violates the teachings of Srila Prabhupada and Krishna consciouness, as determined by the GBC, and there is little possibility that the person may eventually be rectified, then the person may be permanently prohibited from participating in the activities of the society under the jurisdiction of the disciplining authority. When ordering the excommunication, the disciplining authority must clearly set forth in writing to the disciplined person the specific breaches and the grounds or reasons thereof.
If the GBC Body determines that a person shall be excommunicated from the activities of the entire society then the GBC Secretary shall issue a â?œNotice of Non-participationâ? barring the former participant from participation in all ISKCON activities.
Appeals
If an ISKCON participant has his/her participation restricted by the action of a local affiliate's executive or board then he/she may appeal to the local Divisional or National Council, or, if one does not exist, to the local Zonal Secretary.
If an ISKCON participant has his/her participation restricted by the action of a Zonal Secretary or Divisional or National Council, he/she shall have the right of appeal to the Regional Governing Body (if one exists in the area) or the GBC Body (if there is no Regional Governing Body in the area).
If he or she has his/her participation restricted by the action of a Regional Governing Body, he/she shall have the right of appeal to the GBC Body.
If he or she has his/her participation restricted by the action of the GBC Executive Committee, he/she shall have the right of appeal to the GBC Body.
Any disciplinary action taken against an ISKCON participant by any of the above-mentioned entities shall stand unless and until it is overruled by a higher body.
