These are the penalties we have always more or less used, and these are the offenses which have been usually considered offenses in Scientology.
Formerly they were never written down or routinely enforced, there was no recourse, and these lacks made staff members uncertain of their fate. They knew something happened but not why. They knew certain things were frowned on but not how much or little. The penalties were suddenly administered without warning as to what they would be or for what offense.
This then is a Code of Discipline which we have almost always more or less used, made plain for everyone to see, with limits against over-punishment and recourse for those who are wronged.
Accordingly this Code of Offenses and their penalties becomes firm and expressed policy.
Lack of specified offenses, penalties and recourse brings everyone to uncertainty and risk at the whim of those in command.
There are four general classes of crimes and offenses in Scientology. These are ERRORS, MISDEMEANORS, CRIMES AND HIGH CRIMES.
1. ERRORS. Errors are minor unintentional omissions or mistakes. These are auditing „goofs“; minor alter-is of tech or policy; small instructional mistakes; minor errors or omissions in performing duties and admin errors not resulting in financial loss or loss of status or repute for a senior.
Errors are dealt with by corrections of the person, reprimand or warnings by seniors.
Certificates, Classifications and Awards may not be cancelled or suspended or reduced for an Error. The offender may not be transferred or demoted or fined or suspended for Committing an Error. No Committee of Evidence may be convened because of an Error.
Repeated corrections, warnings or reprimands by a senior can, however, bring the repeated error offenses into the category of Misdemeanor.
2. MISDEMEANORS. These are: non-compliance; discourtesy and insubordination; mistakes resulting in financial or traffic loss; commissions or omissions resulting in loss of status or the punishment of a senior; neglect or gross errors resulting in the need to apply the Emergency Formula to their person, section, unit, department, organization, zone or Division; knowing and repeated departures from standard technology, instructional procedures or policy; continued association with squirrels; abuse or loss or damage of org materiel; waste of org materiel; waste of funds; alteration of senior policy or continued ignorance of it; consistent and repeated failures to wear their hat regarding Dev-T; refusing an E-Meter check; refusing auditing when ordered by a higher authority; disturbing a course or class; disrupting a meeting; the discovery of their having an undisclosed criminal background in this lifetime; the discovery of an undisclosed tenure in a mental hospital; processing a known Trouble Source or the family or adherents of a Suppressive Person or Group; omissions resulting in disrepute or financial loss; inadequate or declining income or traffic in a section, unit, department, org, zone or Division; assisting the inadequacy or decline of income or traffic in a section, unit, department, org, zone or Division; failure to acknowledge, relay or comply with a direct and legal order from an executive staff member; Auditor’s Code breaks resulting in a disturbance of the preclear; failure to follow the Instructor’s Code resulting in disturbed students; contributing to a crime; failure to appear before a Committee of Evidence as a witness or interested party when personally given summons or receiving summons by registered post; refusing to testify before a Committee of Evidence; showing contempt or disrespect to a Committee of Evidence when before it; destroying documents required by a Committee of Evidence or refusing to produce them; withholding evidence; false swearing on a signed statement or form; impeding Justice; refusing to serve on a Committee of Evidence; refusing to vote while a member of a Committee of Evidence; misconduct; issuing data or information to wrong grades or unauthorized persons or groups or issuing data or information broadly without authority.
Such offenses are subject to direct punishment by order and for a staff member the punishment is the assignment of a personal condition of emergency for up to three weeks and for an executive staff member the assignment of up to a three months personal condition of emergency.
Personal conditions of emergency reduce pay or units one third for the period assigned.
Recourse may be had by requesting a Committee of Evidence for return of pay but not damages.
The same offenses may be used for a Committee of Evidence but not both a Committee and punishment by direct order – one or the other.
However if any of these offenses become the subject of a Committee of Evidence the penalty for a misdemeanor may be increased to include suspension of a single certificate and/or classification (but no more) or a minor demotion or transfer, but not dismissal. None of these offenses may be made the subject of dismissal by direct order or Committee of Evidence.
Persons may not be dismissed for misdemeanors. Nor may any certificates, classifications or awards be cancelled.
Non staff or field or franchise Scientologists committing those of the above (except org) offenses applicable may have a Committee of Evidence convened on them.
Where serious, repeated or of magnitude harmful to many, the same offenses can be re-classed as Crimes by a Convening Authority.
3. CRIMES. These cover offenses normally considered criminal. Offenses which are treated in Scientology as crimes are theft; mayhem; harmful flagrant and continued Code Breaks resulting in important upsets; noncompliance with urgent and vital orders resulting in public disrepute; placing Scientology or Scientologists at risk; omissions or non-compliance requiring heavy intervention by seniors consuming time and money, with Dev-T; failure or refusal to acknowledge, relay or execute a direct legal order from an International Board Member, or an assistant board member; being or becoming a Potential Trouble Source without reporting it or taking action; receiving auditing while a Potential Trouble Source; withholding from local Scientology executives that he or she is a Potential Trouble Source; failing to report a Potential Trouble Source to local HCO; organizing or allowing a gathering or meeting of staff members or field auditors or the public to protest the orders of a senior; being a knowing accessory to a Suppressive Act; using a local Scientology title to set aside the orders or policies from the International Board; following illegal orders or illegal local policies or alter-is, knowing them to be different or contradictory to those issued by the International Board; not directly reporting flagrant departures from International Board policy in a section, unit, department, org, zone or Division; being long absent from post while a senior executive without advising the board member of his or her division; permitting a section, unit, department, or zone or Division to collapse; not taking over as a deputy in a crisis not otherwise being handled; passing org students or pcs to outside auditors for private commission; using an org position to build up a private practice; taking private fees while on staff to audit outside pcs, run private courses, coach or audit students or org pcs; embezzlement; taking commissions from merchants; reselling org materiel for private gain; using an org position to procure personal or non-Scientology funds or unusual favours from the public, a firm, student or pc; impersonating a Scientologist or staff member when not authorized; inciting to insubordination; instigating a local power push against a senior; spreading destructive rumours about senior Scientologists; pretending to express a multiple opinion (use of „everybody“) in vital reports, which could influence assistant board or board decisions; not reporting the discovery of a Crime or High Crime to Saint Hill while in authority or as a member of a Committee of Evidence or as a witness before a Committee of Evidence; refusal to accept penalties assigned in a recourse action; refusal to uphold discipline; getting another staff member disciplined by giving false reports about him or her; overworking an executive by ignoring one’s duties; falsifying a communication from higher authority; falsifying a telex message or cable; causing a staff member to lose prestige or be disciplined by giving false reports; seeking to shift the blame to an innocent staff member for the consequences of one’s own offenses; protecting a staff member guilty of a Crime or High Crime listed in this code; stealing or seducing another’s wife or husband; committing offenses or omissions that bring one’s senior staff member, unit, department, org or zone official to personal risk and/or a Committee of Evidence, civil, criminal or court; willful loss or destruction of Scientology property; making out or submitting or accepting false purchase orders; juggling accounts; illegally taking or possessing org property; causing severe and disreputable disturbances resulting in disrepute; obtaining loans or money under false pretenses; condoning circumstances or offenses capable of bringing a course, section, unit, department, org, zone or Division to a state of collapse; holding Scientology materials or policies up to ridicule, contempt or scorn; heckling a Scientology Instructor or lecturer; falsely degrading an auditor’s technical reputation; impersonating an executive staff member; pretending Scientology certificates, classifications or awards not actually held to obtain money or credit; selling auditing hours or training courses for advance which are not then delivered as to hours and time in training (but not results or subject matter); using Scientology harmfully; not bringing a preclear up through the grades but overwhelming the preclear with high levels; processing or giving aid or comfort to a Suppressive Person or Group; knowingly using Scientology to obtain sexual relations or restimulation; seducing a minor; neglect or omission in safeguarding the copyrights, registered marks, trade marks, registered names of Scientology; issuing the data or information or instructional or admin procedures without credit or falsely assigning credit for them to another; issuing any Scientology data under another name; condoning the suppression of the word „Scientology“ in its use or practice; allying Scientology to a disrelated practice; neglect of responsibilities resulting in a catastrophe even when another manages to avert the final consequences.
Crimes are punished by convening Committees of Evidence and may not be handled by direct discipline. Crimes may result in suspension of certificates, classifications or awards, reduction of post, or even dismissal or arrest when the crime clearly warrants it. But such penalties may not be assigned by direct discipline. Certificates, Classifications or Awards may not be cancelled for a crime.
4. HIGH CRIMES. These are covered in HCO Policy Letters March 7, 1965, Issues I and II, and consist of publicly departing Scientology or committing Suppressive Acts.
Cancellation of Certificates, Classifications and Awards and becoming fair game are amongst the penalties which can be leveled for this type of offense as well as those recommended by Committees of Evidence.
A reward system for merit and good performance also exists.
CANCELLATION OF FAIR GAME: The practice of declaring people FAIR GAME will cease. FAIR GAME may not appear on any Ethics Order. It causes bad public relations. This P/L does not cancel any policy on the treatment or handling of an SP. (From HCO P/L 21 October 1968 – Volume 1, page 489.)
COMMITTEE OF EVIDENCE (COMM EV): A fact finding body composed of impartial persons properly convened by a Convening Authority which hears evidence from persons it calls before it, arrives at a finding and makes a full report and recommendation to its Convening Authority for his or her action. (From HCO P/L 7 September 1963, COMMITTEES OF EVIDENCE – Volume 1, page 538.)
[The above Policy Letter has been added to by HCO P/L 12 July 1971, Issue III, Offenses and Penalties - Addition, and HCO P/L 29 July 1971, Issue III, Penalties for the Hiring or Recruiting of Institutional or Insane Persons, the latter being modified by HCO P/L 21 July 1972, Issue IV, Staff Qualification Requirements for Hiring Canceled, in the Year Books.]