Guidelines for Applying Abuse Provision of the Bylaws:

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Mental Abuse and Abuse Caused By Words

Article II, paragraph 4, section E (5) of the bylaws permits, but does not require, the expulsion of a member for the physical, sexual or mental abuse of another member or child. Abuse may be caused by aggressive actions and/or words. The purpose of this policy is to explain what is meant by mental abuse and by abuse caused by words. This is to guide planners who may be called upon to implement this bylaw provision in the future. This provision of the bylaws is not to be taken lightly, but is intended to be used only in extreme cases.

I. Mental abuse

Mental abuse may be caused by actions or words. For example, displaying a weapon, or repeatedly pounding on a person's door at night may constitute mental abuse even if no words are spoken. In order to constitute mental abuse, the actions or words must cause mental harm. Mental harm is defined later in this policy.

Ordinarily, a single incident would not constitute mental abuse. A course of conduct directed at a specific person or persons would generally be required. An exception would be in the case of a single incident of extremely abusive language or behavior, such as a serious death threat.

II. Abusive words

Spoken or written words may be considered abusive.
To be considered abusive, words must:

a) be presented in a "threatening, harassing, or violent manner," and
b) "be reasonably expected to cause physical, sexual, or mental harm."


A "threat" is a declaration of one's intention to injure the person, property or rights of another, with a view to restraining that person's freedom of action. The context of the speech and the speaker's manner should be considered in determining whether a threat was genuine, as opposed to mere idle talk.

Mental abuse may be caused by harassing words or actions. Words or actions may be "harassing" if they:


• are extremely insulting, derogatory, name-calling, taunting, humiliating, or intended to annoy,
• are intrusive or interfere with a person's privacy, sleep, work or other activities,
• create an intimidating, hostile or offensive living or working environment, or
• are repeated communications at extremely inconvenient times.



Words may be considered "violent" if they are excessively forceful or vehement.

The use of profanity does not in itself constitute verbal abuse. The circumstances, including frequency, manner of expression, and likely effect of the words on the recipients must be considered in determining whether words are abusive in any given case.

This provision is not intended to inhibit the free expression of information, opinion, belief or emotion. All members of Twin Oaks are free to express any political opinion. This provision is not to be used to discriminate against unpopular beliefs. If the manner of expression is abusive, the provision applies, but the content of the belief expressed is not a basis for expelling a member.

The mere fact that language causes the hearer to experience mental distress does not make the speaker abusive. The expression of political belief is protected even if the opinion is highly offensive to other people. Breaking up with a lover may cause severe mental distress. Negative feedback may cause embarrassment and anguish. The bylaw does not protect people against all mental suffering; it only protects against mental suffering that is caused by abusive language or action. Language is abusive only if it is presented in a "threatening, harassing or violent manner."

To constitute mental abuse, words or actions must be "reasonably expected to cause ...mental harm."
Mental harm includes fear, intimidation, or severe mental distress or anguish. intimidation is coercion or duress.


Mental anguish means mental suffering of great intensity. "Mental anguish" is defined in Black's Law Dictionary as a relatively high degree of mental pain and distress - more than mere disappointment, anger, worry, resentment, or embarrassment, although it may include all of these..." Mental anguish includes the mental sensation of pain resulting from such painful emotions as grief, indignation, despair, shame and public humiliation, and the inability to carry on with one's normal activities.

Mental harm will ordinarily be emotional harm (ie, causing fear or humiliation), but it is not necessarily. For instance, causing a person to be unable to function mentally by depriving co of sleep can be mental abuse.

In order to expel a member for mental abuse, it is not necessary to prove that the person intended to cause the recipient(s) mental harm. It is nearly impossible to prove what a person intends. It would be enough that mental harm would be a reasonably foreseeable consequence of the speech or action.

It is also not necessary that the words or actions actually caused mental harm, if they could reasonably be expected to do so.

Before initiating expulsion proceedings for mental abuse, the Community will pursue any applicable Community procedures for conflict resolution and dealing with problem behavior (such as facilitated meetings, mediation and feedback procedures), unless such procedures would obviously be futile or would subject any person to imminent danger of serious harm.

The decision whether to expel a member is a planner decision. While the planners would be expected to seek broad participation of the community in such a decision, it should be remembered that this decision is a judicial one (did the person commit an expellable offense of such severity that the best interests of the community require that the person be expelled?) and not a political one (a popularity contest). The planners should exercise restraint and protect the individual and the community from the dangers of popularity contests, "witchhunts" and the "tyranny of the majority."

Adopted by the Planners, May 4, 1995

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