ISKCON Central Office of Child Protection

P.O. Box 1438 Alachua, FL, 32616-1438

Phone: 352-283-5844 Fax: 386-462-3384

Email: or

CONFIDENTIAL

Official Decision on the case of Upendra das

This judgment, decided on April 3, 2006 was rendered in accordance with the guidelines for adjudicating cases of alleged child abuse established by the ISKCON Child Protection Task Force Report (now ISKCON Child Protection Policies and Procedures Handbook) and ratified by the ISKCON Governing Body Commission. This judgment is the Official Decision of the ISKCON Central Office of Child Protection (ICOCP) on the child abuse case of Upendra das. For purposes of identification, Upendra das is an Indian-bodied young devotee and disciple of Gopal Krishna Maharaja.

This decision defines the parameters of the relationship of Upendra das with ISKCON. The ICOCP advises child abuse victims, their parents, and all members of the ISKCON organization to report allegations of child abuse to governmental social service and law enforcement authorities. Also, the ICOCP advises all members of ISKCON to learn and follow their local laws regarding child abuse and mandated reporting of child abuse.

There are allegations of child sexual abuse against Upendra das. According to the Child Protection Office Polices and Procedures Handbook, child sexual abuse is defined as: An act of commission (perpetration) where a child is coerced, induced, persuaded, enticed, seduced, or entrapped into sexual acts with another person. The coercion can be either physical or verbal. The other person could be either an adult, an adolescent (1218 years of age ), or even in extreme cases, another child (less than 12 years of age).

Evidence

The ICOCP has received statements from Victim #1 and Victim #2 that Upendra das sexually molested them. Both victims were about 14 years old and students in the Bhaktivedanta Gurukula and International School. Upendra das was their asrama teacher at the time. Victim #1 has testified that on the night of August 15, 2004, Upendra put his leg over him and touched his private parts. The boy rolled over and Upendra left. Victim #2 testified that in January 2004, Upendra came in at night where he was sleeping and put his leg over him and tried to touch his private parts. The victim told him to go away. Upendra then told him not to tell anyone and went away. Both boys later reported this matter.

Under questioning, Upendra das has admitted to these accusations to the Residential Director of the gurukula. The Child Protection Office has signed statements from the Residential Director attesting to this confession.

Based upon these statements and the confession received, Upendra das is found to be responsible for child sexual abuse. Therefore, the panel has determined the following:

Restrictions:

Upendra das will not be allowed to have any association with ISKCON temples or projects until he has fulfilled the requirement listed below. After fulfilling the requirements, he may associate with ISKCON temples and projects under the following restrictions:

1.Upendra das cannot reside overnight on ISKCON property or on the property of an organization affiliated with ISKCON.
2.Upendra das may not serve in a position of leadership for five years from the date of this decision.

3. Upendra dascannot lead kirtana or give class at an ISKCON temple or at an ISKCON function, or at any function of an organization affiliated with ISKCON. This provision will be reviewed by the Child Protection Office after 2 years. If at that time, he had complied with all requirements and there have been no further incidents of abuse, this restriction will be lifted.
4. Upendra das cannot perform any service for ISKCON or an ISKCON-affiliated organization that involves association with children, other than his own biological children.

5. Upendra das cannot visit ISKCON property or attend an ISKCON function if his child abuse victims or their family members are present, unless, uncoerced and without manipulation, they give their consent.

Requirements:

1.Upendra das must write a letter of apology to the victims clearly stating his actions and expressing remorse. The letter should be sent to the Child Protection Office.

2. The CPO has heard that Upendra das has recently married. Therefore, the judges require that his wife be given a copy of this Official Decision and the Decision should be discussed with her. The discussion should be facilitated by a neutral third party to be arranged by the CPO Director.

Other Standard CPO Policies

Restriction policy: The sentencing decision of the judges constitutes the minimum restrictions that an ISKCON organization may place on a perpetrator. Any specific ISKCON organization may choose to invoke more stringent restrictions. However, it is expected that all ISKCON entities will carefully consider these decisions of the CPO before imposing more stringent limitations, as the constraints prescribed herein are deemed to be sufficient with regards to child protection.

Appeals: According to the ISKCON Child Protection Office Policies and Procedures Handbook, Section 5, in cases where an allegation(s) of child abuse are determined to be valid, the accused may appeal the Official Decision to the Child Protection Office Appeal Review Board within one month of the date of this decision. The Official Decision described in this document is effective immediately, and the perpetrator must abide by its guidelines during the appeal process, should he choose to appeal this decision.

Judges and Case Manager: Judges serving on this case were: Laxmimoni dasi, Ekabuddhi dasi, and Krsna Kesava das. The case manager and Director of the ICOCP was Tamohara das.