If you believe that you may have cause to file an ethics complaint
or if you have questions about making an ethics complaint,
please contact
Rabbi Paula Marcus
Chair of the OHALAH Ethics Committee at 831-251-6363
or
Rabbi Natan Margalit
Vice Chair of the OHALAH Ethics Committee at 617-894-0105.
________________________________
OHALAH: Association of Rabbis for Jewish Renewal
ETHICS CODE
WITH REGARD TO BREACH OF PROFESSIONAL TRUST
WITH REGARD TO MATTERS OF
SEXUAL AND FINANCIAL ETHICS
A. PREAMBLE
As Jewish clergy, we are called to be spiritual leaders and we are expected to embody the
highest ethical standards in both our professional and personal lives. It is, therefore,
imperative that we conduct ourselves with honesty, morality, and integrity in all of our
dealings with those whose lives we touch. We expect all of our members to make a
commitment to ethical professional conduct. Failure to maintain these standards will be
grounds for suspension from, or revocation of membership.
As it is the purpose of a Rabbinic Association to provide the structures that might support
the spiritual growth and leadership of its members, we take upon ourselves the task, not
only to lay out and articulate clearly the scope of our highest ethical standards, but also to
continually explore ways that we might live up to those standards. We acknowledge the
fact that in the life of our rabbinate, cantorate or rabbinic pastorate, there will be times
when we are vulnerable and when we will make mistakes or fall into confusion. We
therefore take it upon ourselves to develop and cultivate programs that support ethical
refinement, prevent isolation of leaders and provide support for the inner work that is the
foundation for awareness. One of the purposes of our chevra is to create a safe
environment in which we might accept our vulnerabilities and together learn from our
mistakes. In taking on that task, we ask our members to commit to ongoing professional
development with regard to ethics and power and we recommend that we all cultivate
relationships with spiritual advisors and chevruta.
B. ETHICAL GUIDELINES
1. All members shall abide by the OHALAH Code of Ethics and the ALEPH Statement
of Principles, with special emphasis on creating safe environments in our synagogues,
institutions, and Jewish communities ensuring the equality of men and women in all
aspects of communal Jewish life. Attendees at the annual OHALAH Conference and PreConference Shabbaton shall also abide by the OHALAH Code of Ethics. This includes
clergy and their spouses, clergy students and their spouses and others invited guests.
2. All members shall be scrupulous in their financial dealings and shall be held fully
accountable for all monies, other than their own private resources, over which they have
access to and/or control as a rabbi, cantor, rabbinic pastor or spiritual leader, in
accordance with the highest values of Jewish ethical teachings.
3. Grounds for removal from membership include: misuse of our spiritual and
educational power for illicit sexual, financial, or other personal advantage; conviction of
a felony involving moral turpitude; fraudulent misrepresentation of professional
credentials; or failure to fulfill contractual obligations in the absence of mitigating
circumstances.
4. Members shall conduct their interpersonal relations in accordance with the Torah’s
teachings regarding kevod haberiyot, lashon hara, hasagat gevul, ladun lekhaf zechut,
and teshuvah. In the clearest words, our Torah directs us: "You shall not steal; you shall
not deal deceitfully or falsely with one another . . . Do not pervert justice. Do not give
special consideration to the poor nor show respect to the great . . .You must love your
neighbor as (you love) yourself." [Lev. 19:11,15,18]
5. The spiritual leader-congregant relationship depends upon a mutual expectation that
the relationship will remain primarily professional and pastoral. Effective spiritual
leadership of necessity involves conveying empathy, connection, and warmth to
congregants, which can sometimes blur clergy-congregant boundaries. We recognize the
humanity of clergy and congregants, and the existence of unavoidable and difficult
dilemmas in negotiating the relationship between spiritual leaders and congregants.
Nonetheless, spiritual leaders are primarily responsible for establishing and preserving
appropriate boundaries that ensure the integrity of the clergy-congregant relationship.
C. DEFINITIONS
1. This document and amendments thereto shall collectively be known as the “OHALAH
Ethics Code” and “this ethics code.”
2. In this ethics code, "congregation" shall include actual congregations, chavurot,
schools and other educational settings, as well as organizations and institutions served
professionally by a spiritual leader regardless of whether these entities are Jewish,
interfaith or secular.
2. In this ethics code, "congregant" shall include actual congregants, as well as students,
mentees, counselees and constituents.
3. In this ethics code, "married" also includes one in a partnered or committed
relationship.
4. In this ethics code, "spiritual leader" includes rabbis, cantors, and rabbinic pastors.
5. In this ethics code, “Standing Ethics Committee” refers to the Ethics Committee
appointed by the Board of Directors of OHALAH in accordance with the OHALAH
constitution.
6. In this ethics code, “Ethics Committee” refers to a subcommittee of the Standing
Ethics Committee appointed in accordance with paragraph G.10. of this ethics code.
D. TRUST, BREACHES OF TRUST, AND ETHICAL BOUNDARIES
1. FINANCIAL AND OTHER BREACHES OF TRUST
(a) It is unethical to use funds of the congregation for personal financial gain
without the knowledge and consent of the congregation. It is unethical to exploit a
spiritual leader’s relationship with a congregant, staff member, or colleague for personal
financial gain.
(b) It is unethical to misrepresent one's professional education, experience, or
credentials.
(c) As suggested by Sections A and B, there can be other breaches of professional
trust that are not enumerated in this ethics code.
2. PROFESSIONAL BOUNDARIES
(a) Spiritual leaders’ behavior toward congregants that is intended to communicate
caring can, on occasion, be misinterpreted by congregants as inappropriate blurring of
clergy-congregant boundaries. Such behavior can significantly impair spiritual leader-
congregant relations and should be avoided where possible. Spiritual leaders are obliged
to be especially sensitive to the danger of such misperception and to avoid behavior that
could reasonably be misconstrued by a congregant. In particular, spiritual leaders should
be sensitive to appropriate locations and hours for meetings, as well as appropriate and
inappropriate physical contact and comments.
(b) In the event that a congregant misinterprets a spiritual leader’s concern as a
romantic or sexual interest, it is the spiritual leader’s responsibility to state unequivocally
that such a relationship is not appropriate. In such a situation, the spiritual leader is
strongly urged to seek advice from colleagues and/or other professionals.
3. PROFESSIONAL SEXUAL ETHICS
(a) Sexual Harassment. It is unethical to engage in sexual or other harassment of a
congregant, staff member, colleague or other person with whom a spiritual leader deals
professionally. Sexual harassment is defined as, but not limited to, deliberate or repeated
seductive speech, sexual comments, gestures, physical contacts, and inappropriate visual
attention such as leering. It may include unwelcome sexual advances, requests for sexual
favors, and other verbal or physical conduct of a sexual nature.
(b) Unethical Sexual Activity. It is unethical for a spiritual leader to engage in, or
attempt to engage in, sexual activity with a minor, an unwilling adult, a married or
partnered congregant, or a congregant or other person whom a spiritual leader is
counseling or aiding in life cycle events, conversion, or other pastoral situations. It is also
unethical for a spiritual leader to engage in, or attempt to engage in, sexual activity with
anyone who is similarly dependent on the spiritual leader. Such sexual relationships are
unethical even if suggested or welcomed by the congregant. It is the responsibility of
spiritual leaders to maintain appropriate boundaries. Sexual activity may include intimate
or unwanted physical contact as well as intercourse.
(c) Single Spiritual Leaders and Congregants. Although not automatically
unethical, any sexual relationship between a single spiritual leader and a single
congregant is fraught with risks for both parties and may be illegal in some states,
provinces and nations. These risks include ambiguities about the perceived power of the
clergy, the spiritual leader’s ability to provide future pastoral care for the congregant, and
the future of both parties in the congregation. A sexual relationship effectively ends the
clergy-congregant or clergy-constituent relationship between the parties, and the spiritual
leader is responsible in assisting the congregant/constituent in obtaining rabbinic or other
spiritual leadership support elsewhere if necessary. Spiritual leaders in small or isolated
communities should be especially aware that a problematic relationship may make it
difficult for the congregant to stay in the congregation and may result in the congregant’s
loss of a significant religious and/or spiritual connection. A sexual relationship between a
single spiritual leader and a single congregant is potentially an ethical violation, and to be
avoided where possible. Spiritual leaders are strongly urged to seek guidance from
colleagues or other professionals before beginning such a relationship.
(d) It is unethical to engage in sexual harassment or sexual activity with an adult
that is prohibited in paragraphs D.3.(a) and D.3.(b) within eighteen months of the
termination of a congregational, educational, pastoral or other professional clergy
relationship. With regard to paragraph D.3.(b), there must be a full termination of
professional relationship to help break the power imbalance and thus allow the potential
of a healthy, mutual relationship to grow. This does not mean that any relationship. after
eighteen months. is automatically ethical, but that it will be assessed on a case-by-case
basis. Some states, provinces, nations and professional organizations prohibit
relationships for longer periods following the termination of a professional relationship.
E. GENERAL ETHICS COMMITTEE PROCEDURES
1. The purpose of ethics procedures under this ethics code is to determine whether a
member acted unethically in his/her professional role, and if so, what steps should be
taken to respond to the situation.
2. These procedures are based on a concern with fairness and with the protection of the
accused clergy person, the complainant, the congregation, witnesses and OHALAH and
its members. Respect for all parties shall be shown.
3. The Ethics Committee process and all hearings, investigations and mediation
undertaken as part of the process are not criminal proceedings. They shall operate on
principles of fairness, but are not bound by rules of criminal or civil courts, and not by
halacha. They may be decided on the basis of the preponderance of evidence.
4. The confidentiality of all parties shall be preserved throughout the process unless they
request otherwise, and except as specifically provided below.
5. The Chair of the Ethics Committee shall see that written records are kept at all stages
of the proceedings.
6. Since the inquiry concerns the ethical and professional integrity of a spiritual leader
and by implication OHALAH, proceedings shall not be vacated on the basis of a spiritual
leader resigning his/her professional position, reaching a financial settlement, resigning
from membership in OHALAH or having one’s membership terminated due to lack of
payment of dues or previous violations of the OHALAH ethics code.
7. No member of the Ethics Committee or the Ethics Appeal Body on appeal shall
participate in any case in which she/he has a close relationship to one of the parties or
other potential conflict of interest.
8. If the accused against whom a complaint has been brought refuses to respond or
cooperate, the Ethics Committee will still proceed, bearing in mind the presumption of
innocence until proven otherwise, and the other general principles in this ethics code.
9. The Chair of OHALAH’s Standing Ethics Committee is the central person to receive
complaints or initiate action under this ethics code. The OHALAH Board shall designate
a Vice Chair or an alternate in case the Chair of the Standing Ethics Committee is
unavailable, or excuses him/herself due to conflict of interest or other extenuating
circumstances.
10. The Chair of the Standing Ethics Committee, or the Vice Chair if the Chair is
unavailable to serve, shall serve as chair of the Ethics Committee that handles a given
case, or shall appoint a member of the Standing Ethics Committee to serve in that
position. The members of the Ethics Committee that handles a given case shall be
appointed by the Chair of the Standing Ethics Committee in consultation with the chair of
the case specific Ethics Committee in consideration of the following guidelines:
(a) The Ethics Committee that handles a specific case shall be known by the name
of the Torah portion for the week that the committee convenes to handle the case. For
example, we might have the “Parshat Bereishit Committee” or the “Parshat Ki Tissa
Committee.” To differentiate these case specific committees from the full Standing
Ethics Committee, the case specific committees shall be referred to in this ethics code as
the Parsha Ethics Committee.
(b) If the accused is a rabbi or cantor, the Parsha Ethics Committee shall consist of
rabbis.
(c) If the accused is a rabbinic pastor, the Ethics Committee shall consist of two
rabbinic pastors and a rabbi. Should there be a need for more than three to serve on the
committee, the remaining members may be rabbis or rabbinic pastors.
(d) If the accused is a student, the Ethics Committee shall consist of members of
the clergy.
11. The Standing Ethics Committee may receive complaints from a congregant,
congregational officer, rabbinic association, cantorial association, association of rabbinic
pastors or chaplains, an affected party, other layperson, or colleague. Any member of the
Standing Ethics Committee may file a complaint, stating the reasonable grounds for
further inquiry. In such a case, the Standing Ethics Committee member filing the
complaint will be recused from the Parsha Ethics Committee pursuant to paragraph H.7.
of this ethics code.
12. To be accepted for investigation, a complaint must contain specific information about
the approximate dates, location, and type of alleged misconduct. It is the responsibility of
the Chair of the Standing Ethics Committee to inform the complainant of the procedures
and that the accused clergy person will be informed of the substance of the complaint.
13. The Chair of the Standing Ethics Committee will assist any potential complainant in
filing a complaint promptly. While there is no explicit time limit, the interests of fairness
are better served when a complaint is presented within six months of an alleged violation.
14. Within two weeks of receipt of a written complaint, the Chair of the Standing Ethics
Committee, after consultation with at least one other committee member, will inform the
remaining members of the Standing Ethics Committee whether there is a sufficient cause
to investigate the complaint in more detail.
15. If the Chair has determined that the complaint merits investigation, the Chair shall
appoint a Parsha Ethics Committee to conduct the investigation.
16. If the Chair determines that the case does not merit an investigation, the Standing
Ethics Committee will have two weeks to determinate by a simple majority whether it
agrees or disagrees with the Chair’s determination.
(a) If the Standing Ethics Committee determines that there is not sufficient cause to
merit an investigation, the complainant shall be notified in writing.
(b) If the Standing Ethics Committee determines that there is sufficient cause to
merit an investigation, the Chair of the Standing Ethics Committee shall appoint a Parsha
Ethics Committee to conduct the investigation.
17. In any case involving alleged abuse of a minor,
(a) The Chair of the Standing Ethics Committee shall immediately report the
matter to the appropriate legal authorities. If a case has already been referred to a Parsha
Ethics Committee before allegations of abuse of a minor have been presented, the Chair
of the Parsha Ethics Committee shall immediately report the matter to the appropriate
legal authorities.
(b) The ethics investigation shall proceed with its investigation regardless of
whether the relevant criminal justice system or other legal authority takes action against
the accused.
18. Within one month of a complaint being filed that is accepted for investigation, the
Parsha Ethics Committee shall inform the accused that a complaint has been filed, and
shall provide the accused with a written copy of the complaint or a written summary of
the complaint. The accused shall have thirty days within which to provide a written
response to the complaint. If the accused fails to respond within thirty days, the
investigation shall continue nevertheless.
F. PROCEDURE FOR CHAVERIM
1. The Chair of the Parsha Ethics Committee shall offer to assist in finding a chaver
(spiritual guide, mentor and friend) for the complainant, the accused, and the accused’s
congregation to help the person and/or institution better understand the ethics process and
offer support during the process. A chaver should be a person who has training or
experience in the OHALAH ethics process.
2. The chaver for the accused may not discuss the case with any person who is has a
complaint against that accused, or with any person who is a witness for such a
complainant.
3. The chaver for the complainant may not discuss the case with any person who is
accused by the complainant of ethical wrongdoing, or with any person who is a witness
for such accused.
4. A person presently serving on the Board of Directors or the Standing Ethics
Committee may not serve as a chaver in an OHALAH ethics case.
5. The chaver shall not play an active role in the ethics proceedings. The chaver may not
be a witness in the case and shall not speak during the taking of oral testimony of the
party to whom s/he is a chaver. The chaver shall not be present during the taking of
testimony of any other party to the ethics case, including the witnesses of the party to
whom s/he is a chaver.
G. NOTICE OF PENDING ETHICS CASE
1. Subsequent to notifying the accused of the complaint and providing him/her with
written summary of the complaint, and prior to the gathering of testimony in the case, the
Chair of the Standing Ethics Committee shall notify the following individuals of the
name of the accused and the fact that an ethics case is pending concerning the accused:
(a) The President of OHALAH.
(b) The Dean of the ALEPH Ordination Programs.
(c) The Chair of the ALEPH Ethics Committee.
2. In addition, if the Chair of the Standing Ethics Committee in consultation with the
Chair of the Parsha Ethics Committee, believes that it is appropriate in the pending case,
the Chair of the Standing Ethics Committee shall notify the following individuals of the
name of the accused and the fact that an ethics case is pending concerning the accused:
(a) The President of the Rabbinic Pastors Association
(b) The congregation or institution where the accused is employed.
3. The Chair of the Standing Ethics Committee shall withhold the name of the
complainant and the names of all witnesses unless the complainant has already informed
the individual of his/her complaint or unless the complainant authorizes the release of
his/her name to these individuals.
4. The Chair of the Standing Ethics Committee shall also withhold the nature of the
allegations against the accused until there is evidence that the allegations are credible,
except when there are allegations of abuse of a minor or allegations that someone is in
immediate danger of further abuse by the accused.
5. The accused shall be informed of this notification. The Ethics Chair will emphasize to
all those receiving notice of the desirability of confidentiality, when appropriate.
6. Participation in an ethics case by a chaver or any other person who provides support to
a party to an ethics case does not free the participant from the responsibility of
confidentiality and the responsibility of following the law of the land with regard to libel,
slander, and related violations of the law.
H. PLACEMENT
1. The Jewish Renewal Movement does not have a formal placement service or a staff
person to provide assistance with clergy placement as of this writing. Members of
OHALAH are invited to post public service announcements on OHALAH’s general email list regarding job opportunities they believe may be of interest to fellow OHALAH
members.
2. At the time that the Chair of the Ethics Committee notifies the accused of the
complaint, or at any time from then until the case is resolved, the Chair may ask the
President of OHALAH to suspend the subscription of the accused to the general e-mail
list until the resolution of the ethics complaint.
3. If upon the suspension of his/her subscription, the accused feels that s/he needs access
to the OHALAH email list to avoid a sense of isolation, the accused may enter into a
written agreement with the Parsha Ethics Committee that s/he will read along on the list,
but will not post to the list and will not avail him/herself of the job listings posted to the
list.
4. Should the accused violate such written agreement and post to the list, the accused
shall be suspended from OHALAH for a period of not less than three months.
5. Should the accused violate such written agreement and apply for a job while a case is
pending, regardless of whether the job is posted on the OHALAH list or is advertised in
another way, or even if the job is not advertised, the accused shall be suspended from
OHALAH for a period of not less than one year.
I. INTERIM REMEDIES DURING A PENDING ETHICS CASE
1. Suspension With or Without Pay. Depending on the nature of the complaint, the Chair
of the Ethics Committee or the Chair’s designee, in consultation with the President of
OHALAH, may recommend to the congregation temporary suspension of the accused
with pay and benefits, until the Parsha Ethics Committee can investigate the matter and
make a decision as to the appropriate disposition of the matter. It is understood that
suspension with pay may be of mutual benefit in a difficult situation, without prejudice to
a particular outcome. For the benefit of all concerned, the Parsha Ethics Committee shall
make its decision within three months of the beginning of the paid leave.
2. Congregational Officer Leave of Absence. Depending on the nature of the complaint,
the Ethics Committee Chair, or the Chair’s designee, may recommend that any
complainant in a position of authority in the congregation whose work involves the
accused, such as a congregational officer, committee chair, shall take a leave of absence
from such authority until the ethics matter is resolved.
J. EVIDENCE GATHERING
1. The Parsha Ethics Committee Chair will study the complaint and the accused’s
response and decide how to conduct the further investigation.
2. The Chair, in conjunction with the Committee, may waive the investigation and make
a decision about how to resolve the matter if the accused admits to the allegations in the
complaint. In such a situation, the accused may provide written character witness
testimony before or during the decision making process.
3. The Chair, in conjunction with the Committee, may conduct its investigation by
providing written questions to the complainant and the accused and shall invite the
complainant and accused to each provide the written testimony of witnesses. The Chair,
in conjunction with the Committee shall inform the complainant and accused of the
maximum length of such testimony, depending on the nature of the case.
4. The Chair, in conjunction with the Committee may hold a telephone hearing with the
complainant and a telephone hearing with the accused. The Committee may hold a
telephone hearing with witnesses or may hold a hearing with the parties and request
witness testimony in writing.
5. The Chair, in conjunction with the Committee may recommend mediation to the
complainant and accused and may authorize the parties to enter into mediation while the
ethics case is pending should both parties agree to mediation.
6. The Chair, in conjunction with the Committee may hold a face to face hearing with
the complainant and the accused should the Committee determine that methods of
evidence collection, described in paragraphs M.2., 3., and 4., are not sufficient to obtain
necessary testimony. The face-to-face hearing shall be held at the expense of OHALAH.
7. Whenever possible, the process of evidence collection and resolution of the matter,
including mediation, shall avoid bringing the complainant together with the accused in
writing, on the telephone, or in person.
8. Whichever methods of investigation are made available to the complainant shall also
be made available to the accused and vice-versa.
9. Regardless of how the investigation is conducted, if the Ethics Committee determines
that any allegations of wrongdoing against the accused are credible, the accused shall be
entitled to provide written testimony of expert witnesses either before or during the
investigation or before or during the decision-making of the Parsha Ethics Committee.
10. The Parsha Ethics Committee may recommend that the accused have one or more
meetings with a mental health professional with experience in the field, chosen by the
Parsha Ethics Committee for a professional assessment to be communicated to the
committee, including, but not limited to interview and psychological testing. These
processes shall be conducted at the expense of the accused.
K. TYPES OF DISCIPLINE
The Parsha Ethics Committee may take may take a number of actions, including but not
limited to:
1. No Cause for Action
2. Advisory. This is an educational message to the accused for an inadvertent or minor
violation. It may include recommendations and/or requirements for treatment, mentoring
and other spiritual, educational and/or psychological steps leading to teshuvah or
informing the teshuva process.
3. Reprimand. A reprimand may include probation, and shall include treatment and/or
mentoring and/or other spiritual, educational and/or psychological steps leading to
teshuvah or informing the teshuva process. This action is a significant reproof or rebuke
of an accused based upon an assessment that the reprimand is adequate to ensure that the
unethical or inappropriate actions will not recur and where the committee feels that the
individual can continue to function as a spiritual leader. A reprimand may include
probation, and shall include treatment and/or mentoring and/or other spiritual,
educational and/or psychological steps leading to teshuvah or informing the teshuva
process.
4. Suspension from OHALAH. A suspension shall include probation, and shall include
treatment and/or mentoring and/or other spiritual, educational and/or psychological steps
leading to teshuvah or informing the teshuva process. This action is taken in a case
where there is a major ethics violation, such as financial embezzlement, having sex with a
congregant, having sex with a minor or the like. In such cases, there is, by definition, a
cause for concern as to whether the continued functioning of the spiritual leader may be
threatening to the well-being of the spiritual leader or others. Suspension shall be
imposed when the Parsha Ethics Committee believes, based upon the recommendation of
an expert psychological evaluator, that a period of therapy or other treatment and/or
mentoring may result in his/her future return to active work. The person under suspension
may not take any active role in OHALAH or ALEPH. The following notification shall be
given when an accused is suspended from OHALAH:
(a) The President of OHALAH shall be notified of the suspension, and the reason
for suspension and the President shall notify the members of the Board of Directors.
(b) The President of OHALAH, or the President’s designee if the President is
recused in the matter, and the Chair of the Standing Ethics Committee or the Chair’s
designee if the Chair is recused in the matter, shall notify OHALAH members of the
name of the accused and the fact that the accused is suspended from OHALAH. No other
information shall be provided to members at large.
(c) The Chair of the ALEPH Ethics Committee shall be notified of the suspension
and the reason for suspension.
(d) The Dean of the ALEPH Ordination Programs shall be notified of the
suspension and the reason for suspension.
(e) The spiritual leader of each ALEPH community and the Director of each
ALEPH Project and Branch shall be notified of the name of the accused and the fact that
the accused is suspended from OHALAH. No other information shall be provided to
ALEPH communities or projects or branches.
5. Expulsion from OHALAH. This is subject to the recommendation of the Parsha Ethics
Committee, and the approval of the OHALAH Board of Directors. This step is
recommended when, in the judgment of the Parsha Ethics Committee, the spiritual leader
cannot continue to function as a member of OHALAH. It may also be taken based on a
criminal conviction, such as a felony involving moral turpitude or serious misdemeanor
involving moral turpitude in a court of law, related to a member's functioning as a
spiritual leader. The accused spiritual leader facing expulsion shall have the right to
present testimony, including character witness testimony to the Board of Directors.
Expulsion from the organization will be communicated as follows:
(a) The President of OHALAH, or the President’s designee if the President is
recused in the matter, and the Chair of the Standing Ethics Committee or the Chair’s
designee if the Chair is recused in the matter, shall notify OHALAH members of the
name of the accused and the fact that the accused is expulsion from OHALAH.
Information as to the nature and reason for expulsion shall be provided to members at the
discretion of the Board in consultation with the Parsha Ethics Committee based on
consideration of public safety.
(b) The Chair of the ALEPH Ethics Committee shall be notified of the expulsion
and the reason for expulsion.
(c) The Dean of the ALEPH Ordination Programs shall be notified of the expulsion
and the reason for expulsion.
(d) The spiritual leader of each ALEPH community and the Director of each
ALEPH Project and Branch shall be notified of the name of the accused and the fact that
the accused is expelled from oHALAH. Information as to the nature and reason for
expulsion shall be provided to members at the discretion of the Board in consultation
with the Parsha Ethics Committee based on consideration of public safety.
6. Probation:
(a) Probation may be required in case of reprimand and will be required in case of
suspension. The Standing Ethics Committee shall monitor compliance. The Ethics
Committee may require financial restitution, apology, or psychological treatment (inpatient or out-patient) or limitations on employment settings as conditions of probation.
(b) The key criterion for ending probation will be the Standing Ethics Committee's
assessment that it is reasonably sure that the violation will not recur, and that the
member's continued service as spiritual leader does not pose a threat to the well-being of
the spiritual leader or others.
(c) The length of the probation may be extended if deemed appropriate by the
Standing Ethics Committee. Likewise, at any time during the probationary period the
Ethics Committee may require a different action based on new information, a new
understanding of previous information, non-compliance with the terms of probation or
non-cooperation with the Ethics Committee.
(d) Probation may not extend beyond three years without a review by the Ethics
Committee. Probation, an extension of probation, or its conditions, may be appealed by
the accused under probation to the OHALAH Ethics Appeal Body.
1. The final decision of the Parsha Ethics Committee will be simultaneously shared with
personal letters to the complainant, the accused, and the congregational or institutional
President or other officer. The Ethics Committee may inform any of these parties by
telephone in advance of informing them by personal letter. Personal letters may be
transmitted electronically. Notification shall be made to the complainant, accused and
congregational or institutional President or other officer before notification is given to
others as set forth in this Section N. regarding Type of Discipline.
L. APPEAL
1. Any decision of the Parsha or Standing Ethics Committee may be appealed by the
accused or the complainant to the OHALAH Appeal Body within thirty days of the
decision. The Appeal Body will render a final decision by a majority vote within a
reasonable amount of time. .
2. The accused and the Ethics Committee shall each have the right to appear in the appeal
process for all appeals filed by the complainant. Appearances in an appeal process may
be on paper or electronically or via conference call or any other means defined by the
Appeal Body.
3. The complainant and the Ethics Committee shall each have the right to appear in the
appeal process for appeals filed by the accused concerning matters to which the
complainant is privy during the ethics case and during the communication about the
result of the case.
4. The Ethics Committee shall have the right to appear in the appeal process for appeals
filed by the accused concerning discipline, evaluation, treatment, mentoring, monitoring,
education and teshuvah process of the accused. The details of these processes shall
remain confidential as to the complainant, the members of OHALAH, the ALEPH
communities and directors of ALEPH Projects and Branches. The complainant shall not
be privy to the accused’s filing of appeals concerning such matters.
M. OTHER PARAMETERS OF ETHICS CASES
1. Consultation. The President of the Board of Directors, the Chair of the Standing and
Parsha Ethics Committees, counsel for OHALAH and counsel for the Board and/or the
Ethics Committees, may seek advice, at any stage of an ethics matter, from professionals
and others who have expert knowledge useful in the particular case at hand.
2. Timetable. It is the responsibility of the Parsha Ethics Committee to set a timetable for
each stage of the case and to communicate the timetable to the complainant and the
accused, with an eye on providing a prompt and fair inquiry to the extent the situation
allows. The Parsha Ethics Committee Chair may extend a deadline, if necessary. Any
delay or change in the timetable will be communicated in writing by the Ethics
Committee to all the affected parties.
3. Confidentiality. Confidentiality is crucial in matters of clergy ethics for the protection
of the complainant, the accused, the congregation or institution and OHALAH and its
members. However, when it is deemed to be in the best interest of protecting the public,
OHALAH, ALEPH, and its projects, branches and constituents, the Chair of the Ethics
Committee may respond to inquiries about allegations regarding a specific OHALAH
member. The Chairperson may reveal:
(a) that an investigation of the alleged violation is underway;
(b) that the investigation has been resolved but is confidential; or
(c) that the member has been suspended or expelled; and/or
(d) other information as set forth in Section N. and this Section P of this ethics
code.
N. FOLLOW-UP AND SUPPORT OF OHALAH MEMBERS AND THE PARTIES
INVOLVED IN AN ETHICS PROCEEDING
1. OHALAH undertakes a particular responsibility to a rabbi, cantor, rabbinic pastor or
student of these professions who is the victim of unsubstantiated rumors, and will do
everything possible to provide support to such victimized spiritual leader and assist in the
healing of the affected community.
2. If there is a finding of unethical behavior by such a spiritual leader, OHALAH
recognizes an obligation to offer continuing concern, spiritual advice and support to the
accused, the victim, the congregation and its Board and staff both during and after the
ethics proceedings.
3. In such a case, the Chair of the Standing and Parsha Ethics Committees and the
President of OHALAH should consult with one-another, and with the victim's chaver on
appropriate ways of offering continued contact and moral support.