Reining in abuse Clergy sexual misconduct: What’s being done to squelch it?

By EUGENE L. MEYER and RICHARD GREENBERG Baruch Lanner, a former regional director of the Na- tional Conference of Synagogue Youth, who is now serving EW YORK (JTA) — The rabbi in a mid-sized Penn- a seven-year prison sentence for abusing teenage girls while sylvania city was eager to share his congregation’s he was principal of a New Jersey yeshiva. The scandal set Nwrenching experience — but no names, please. off a storm in the Orthodox world stemming from allegations It’s been nearly five years since the synagogue’s cantor that rabbinic leaders and others had long been negligent in pleaded guilty to sexually molesting two girls he was pre- supervising Lanner. paring for their bat mitzvahs. He was sentenced to 15 to 30 More recently, David Kaye, a prominent 56-year-old Con- months in prison and is now on Pennsylvania’s sexual of- servative rabbi from Maryland, was ensnared in a nationally fender list. televised pedophile sting operation. Kaye, the former vice Still, the rabbi wanted the name of his synagogue and of president for programs of Panim: The Institute for Jewish the abuser, whose crimes are a matter of public record, kept Leadership and Values, was sentenced Dec. 1 to 6 1/2 years in confidential. prison for trying to solicit sex last year from someone posing “We are mindful of not caus- on the Internet as a 13-year-old ing additional trauma to those boy, a case that was featured who suffered here,” he wrote in on the network television show an e-mail. The anti-abuse guidelines “Dateline NBC.” But the rabbi wanted it represent a well-intentioned yet Virtually all denominations, known that measures have been sporadically flawed attempt to except segments of fervent instituted to guard against a Orthodoxy, now have formal repeat occurrence. For example, address a problem that had once codes on the books that outline the synagogue now requires that been neglected entirely. unacceptable clergy behavior another adult be present during and mandate precisely how private religious instruction. complaints of sexual impropri- In that respect, this syna- ety are to be investigated and gogue typifies many Jewish institutions, which over the adjudicated by in-house ethics panels. past several years have adopted new policies — or beefed up In a three-month-long investigation, JTA examined those existing ones — aimed at cracking down on rogue and policies with the help of mental health providers, victims’ others in positions of trust who sexually exploit congregants, advocates, rabbis and others whose assessments reflected a students or others. mix of encouragement and skepticism. Among the findings The issue of clergy sexual abuse has gained increased at- of this six-part series: tention in the 10 years since it was first investigated by JTA. • The anti-abuse guidelines represent a well-intentioned That earlier investigation, which focused primarily on yet sporadically flawed attempt to address a problem that had rabbis who sexually coerce adult congregants, indicated that once been neglected entirely. One evaluator gave the policies the problem was more widespread than had been assumed — a C-plus grade, another a C-minus. and that the Jewish establishment was beginning to grapple • The system, according to critics, suffers from an in- with it, but not always effectively. stitutional fear of lawsuits and excessive secrecy — both For example, formal denominational policies governing byproducts of an ethical quandary faced by decision-makers. rabbinic conduct were sometimes slow to develop. Although They must balance an individual’s right to privacy against behavioral guidelines are now the norm, some other systemic the obligation to protect the public from a potential sexual problems uncovered in that earlier JTA series still persist. predator. Since that original investigation was published, the • A symbol of that ethical push-pull is the Awareness Catholic Church has been rocked by a massive Center, a private, 5-year-old Baltimore-based Jewish organi- scandal, while the Jewish community has been buffeted by zation that is devoted to protecting the public from abusers. high-profile cases of sexual impropriety involving rabbis and The center has been both criticized and praised for its policy other authority figures. of identifying rabbis and other sexual predators on its Web The list of offenders includes Orthodox youth leader site, whether or not they have been tried in court.

1 WWW.JTA.ORG Reining in abuse

• Perhaps the most serious impediment to controlling ostracized if they publicly challenge a respected, and often clergy abuse is what Chicago psychologist and psychoanalyst charismatic, communal authority figure such as a rabbi, ac- Vivian Skolnick calls “the plague of silence” — the continu- cording to Skolnick and others. ing reluctance of victims to report transgressions. “People That fear is not always illusory. As this JTA investigation are afraid of being ostracized if they come forward,” said Da- demonstrates, victims are indeed sometimes shunned and vid Framowitz, 49, who has alleged in a recently filed federal even harassed by fellow congregants. Consequently, other lawsuit that he was abused decades ago by a Brooklyn rabbi. victims fail to report transgressions. Like most of the observers contributing to the JTA analy- Despite encouraging inroads in the area of reporting sex- sis, anti-abuse activist and author Drorah Setel, a rabbi at ual abuse, the reticence of victims to come forward continues a Reform congregation in Niagara Falls, N.Y., lauded the to be a major problem across all denominations. However, an- denominational rule-makers for taking steps to undo decades ecdotal evidence suggests that underreporting may be more of inaction and denial—but she prevalent in the fervently Or- faulted their specific policies thodox community—the type nonetheless. of neighborhood where denial “They are really well-in- ‘It’s not easy for someone to runs rampant regarding clergy tentioned, but they just don’t institute an ethics complaint; it’s sexual misconduct, according to understand the process and the Framowitz. issues involved in sex abuse frightening.’ “Growing up in that frum cases,” said Setel, who has writ- Rabbi Rosalind Gold world, it was thought that things ten extensively on the topic of like this couldn’t be; it was too clergy sexual misconduct. much of a black mark on the The notion of image-con- community,” explained Framow- scious, liability-minded and often male-dominated rabbinic itz, who was raised in part in the Flatbush and Borough Park ethics boards policing their own members, she added, is like neighborhoods of Brooklyn, which are described in his law- “the fox guarding the henhouse.” suit as “tight-knit Orthodox Jewish” communities. Framowitz, who now lives in Israel, told JTA that even his Secrecy vs. privacy parents did not initially believe that he had been repeatedly sexually abused. “For several years,” he said, “nobody pro- Although ’s get-tough policies may have their tected me.” flaws, conclusive proof of their effectiveness — or - ineffec When asked by JTA about that episode, Framowitz’s tiveness — is elusive. One reason is that the pool of sex abuse mother, Naomi Framowitz, said: “I was too naive to under- complaints that have been processed by ethics panels over the stand that such a thing could happen. I lived in my own little past several years is minuscule. world. At that time, it wasn’t spoken about like it is today.” It is an open question, however, whether the low volume of The denominational policies examined by JTA, which cases indicates that the problem of sexual misdeeds among were developed by both the congregational and rabbinic rabbis and other Jewish clergy is minimal, as some claim, wings of the major religious movements, have several simi- or is simply underreported, as Skolnick and several others larities. For example, they address a vast range of prohibited contend. deeds, from criminal acts such as rape and child molestation In addition, the administrative proceedings aimed at to sexually charged conduct that is exploitive but not neces- meting out justice are typically cloaked in what critics call sarily criminal. That includes sexual harassment, adultery excessive secrecy and advocates of the system maintain is an and other forms of “seductive” or coercive behavior that is environment of prudent and compassionate privacy. The de- grouped under the broad heading of “boundary violations.” nominational hearings are generally closed to the public, and In many instances, boundary violations are an outgrowth in some cases, public access to the results of those hearings of pastoral counseling that rabbis and other clergymen are is severely limited. often called on to provide for congregants who, for example, Proponents of this approach say it is warranted to avoid are grieving, undergoing religious conversion or experienc- unnecessarily tainting the reputation of the accused while ing personal problems, such as marital crises. Explicitly sparing the accuser additional shame and embarrassment. banning even sexually suggestive behavior, most of the de- “It’s not easy for someone to institute an ethics complaint; nominational guidelines recognize that the inherent power it’s frightening,” said Rabbi Rosalind Gold, chair of the eth- imbalance between clergyman and congregant makes other- ics committee of the Reform movement’s Central Conference wise consensual sexual contact unacceptable. of American Rabbis. “There are repercussions in the com- The codes of professional conduct promulgated by both munity, and people are not stupid about that.” the Conservative and Reconstructionist movements go as far Victims are typically traumatized by the fear of being as to warn of possible pitfalls that may arise when an unmar-

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ried rabbi dates a congregant. background information about a clergyman is to be divulged Some regulations aim to foster gender balance among to interested parties, including prospective employers. The those who investigate or rule on sex abuse cases — an im- guidelines generally place a premium on confidentiality, but portant consideration in these matters, according to several they vary in terms of how much discretion movement officials sources. have to release personnel information. For example: Other provisions are geared to raising the level of exper- • Declaring that “confidentiality is crucial,” the Recon- tise and independence among denominational investigators structionist Rabbinical Association guidelines — which and adjudicators. predate Blau’s article by nearly four years and are now being For example, the Rabbinical Council of America, a pri- revised — say the chair of the association’s Ethics Committee marily modern Orthodox organization, specifies that whoev- may only disclose that a member is under investigation, the er initially assesses complaints investigation “has been resolved not be a member of the RCA, but is confidential,” or that the that the organization’s fact-find- member has been suspended or ing team include one mental ‘If you act on a false accusation, expelled. “No other details are health professional and that all you’re killing a guy and his family; to be revealed.” Rabbi Richard members of that team “have ap- the responsibility is awesome.’ Hirsh, executive director of the propriate training in the area of association, elaborated: “In the sexual abuse.” Rabbi Abraham Twerski abstract, the default position The CCAR guidelines, mean- would be that the more serious while, require that its three- the violation, the more impera- member fact-gathering team tive it is to disclose as much in- include a lay person in addition to two rabbis. formation as possible.” • News of a rabbi’s expulsion from the RCA, the modern Limiting mobility Orthodox organization, must be disseminated throughout the RCA, and the rabbi’s current employer must also be notified. Another key provision of the denominational codes focuses Beyond that, though, RCA officials shall determine “who else, on an issue that gained prominence during the child-molesta- if anyone,” is to be informed that such an action took place. tion scandal in the Catholic Church. That is, the problem of The RCA’s executive vice president, Rabbi Basil Herring, said sexual predators who escape apprehension by relocating to that policy enables officials to consider relevant factors such as another institution or community where they repeat their con- the seriousness of the offense as well as possible complications duct. posed by pending lawsuits. In the case of the church, pedophile priests were aided by • The CCAR, the Reform rabbinic arm, mandates that a pro- superiors who routinely shuttled them from one parish to an- spective employer be provided with a fairly detailed report of other where they continually had access to children. disciplinary action taken against a CCAR member. But “after “This is an area of great concern in the Jewish community an extended period of time,” a single non-criminal infraction as well,” said Alison Iser, director of The Jewish Program at doesn’t have to be reported at all. Attorney Anne Underwood, the FaithTrust Institute, a Seattle-based nonprofit devoted to who helped write the CCAR code, noted that before the decision combating sexual and domestic violence. “The Jewish commu- is made to withhold information, it must first be reviewed by nity has viewed with disdain that sort of behavior elsewhere, several senior CCAR officials in conjunction with the organi- and as a result, has felt a sort of smugness that it was not hap- zation’s legal counsel. “I don’t like secrecy,” Underwood added, pening here.” “but there is a difference between secrecy and privacy, and this Whether segments of the Jewish community do in fact provision honors that.” have a “Catholic-priest problem” is debatable. And yet Yo- Not everyone views that distinction in precisely the same sef Blau, a modern Orthodox rabbi, focused on a similar way. As a result, the proper role of transparency in the ad- concern in the July 2003 issue of Nefesh News, the journal judicative process is a controversial topic, highlighting the of the International Network of Orthodox Mental Health tension between maintaining the public’s right to know and Professionals. enabling an individual to keep his or her reputation intact “Even when the pattern of abuse is clear,” Blau wrote, refer- — especially in the absence of criminal charges or civil ring to the situation in the Orthodox community, “the question allegations. remains how to effectively deal with the abuser in a way that at “If you act on a false accusation, you’re killing a guy and his least limits his ability to move elsewhere and continue to abuse family; the responsibility is awesome,” said Rabbi Abraham new people.” Twerski, medical director emeritus of the Gateway Rehabilita- If progress has been made on that front, it is in part be- tion Center in Pittsburgh. “Plus, you can be sued for defama- cause of denominational regulations that govern how much tion of character. And boy does that ever hamper the system.”

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Concern over litigation “causes people to get very fright- Sources within the other movements said that regardless ened,” added David Pelcovitz, a suburban New York psy- of official policy, an expansive disclosure stance would likely chologist who has treated many victims of sexual abuse. “It apply in similar circumstances. certainly tests the limits of their idealism.” The ethics panel of the Reform movement’s CCAR does Some victims’ advocates are transparency absolutists, in- not ordinarily publicize its findings, even in expulsion cases, sisting on full disclosure of virtually all details of sex-abuse according to Gold of the CCAR ethics committee. cases involving religious authority figures that have been “I don’t know for sure why,” she said. “I’m not sure that ruled on by denominational ethics panels. They feel that question has ever been discussed as that question. It’s not a such information should be released not only to prospective desire to keep things secret. It might be an interesting thing employers but to the public at large to protect the maximum to discuss.” number of people. Commenting on the transparency issue, Minneapolis psy- “There has been so much secrecy for so long that victims chologist Gary Schoener, whose office has consulted on hun- are rightfully distrustful,” said rabbinic activist Setel of Ni- dreds of clergy sex abuse cases, both Jewish and non-Jewish, agara Falls. “They have a desire to overcompensate and I can said there is such a thing as “hurtful honesty” that can need- totally understand that.” lessly trash the perpetrator — who might be a good risk for Responding to those who advocate maximum trans- recovery — while inadvertently exposing the identity of the parency, Rabbi Joel Meyers, executive vice president of victim. Otherwise, Schoener added, full disclosure is always the Conservative movement’s Rabbinical Assembly, said: the best policy when responding to inquiries from would-be “They’re not crazy and they’re not wrong. It’s a dilemma we employers. struggle with. The question is how high up do you put that Due in part to extensive First Amendment protections billboard?” enjoyed by religious organizations, the keepers of clergy The underlying issue, added Meyers, who said the R.A. personnel records have “lots of leeway” in terms of what in- has not been influenced by fear of lawsuits, is “what do you formation they can release without being successfully sued, do in these cases to restore equilibrium between the rabbi, Schoener said. the victim and the community? That is really the Jewish Simple morality and common sense are usually effective challenge.” decision-making guides in these situations, he said. Due in part to concerns over civil liability, the RCA gener- “Let’s say you’re hiring a rabbi,” Schoener explained, ally limits the public release of details regarding sex abuse “and he had done something wrong, and somebody later finds cases, even those that have resulted in a rabbi’s expulsion out about his history. How would the congregation feel if he from the organization, said Herring. goes out and does it again? “The threat of liability hangs over you,” he added. “The “The issue here is knowing the truth. It does set everyone chill factor is significant.” free. The prospective employer should know both the good The RCA guidelines, however, do have an emergency and the bad,” he said. “There should be an accurate descrip- clause that recommends informing a wide range of indi- tion of the full person, including his recovery plan and how it viduals, including neighbors and civil authorities, if a rabbi is being monitored. might pose an immediate danger to “alleged or potential “The idea is to know exactly what kind of situation we’re victims.” dealing with.” n

4 WWW.JTA.ORG Reining in abuse Wayward clergy by the numbers: Is it rampant or an aberration?

By EUGENE L. MEYER and RICHARD GREENBERG The , which has 900 member congregations, sees no “particular need” to keep records on EW YORK (JTA) — How extensive is the problem of the numbers or dispositions of sexual misconduct cases, ac- clergy sex abuse in the Jewish community? cording to its president, Rabbi Eric Yoffie. NIt depends which criteria are used as a yardstick. “I don’t happen to believe there’s any evidence of an epi- One possible gauge is the volume of abuse complaints demic of rabbinic sexual abuse,” Yoffie said. “If you are ask- that have been adjudicated by the ethics panels of the major ing, am I aware of there being some significant numbers of religious denominations. people, my answer is no. We have to keep it in perspective.” Judging by the tiny caseload, the problem appears to The Awareness Center, a controversial Baltimore-based be negligible — unless, of course, wrongdoing by rabbis Jewish clearinghouse of clergy sex abuse information, lists and other clergymen is underreported, as some observers on its Web site scores of Jewish clergy who are alleged to maintain. be sexual predators. Some of them have been convicted of Rabbi Richard Hirsh, ex- crimes, but some have not even ecutive vice president of the been charged. Reconstructionist Rabbinical Although authoritative Association, counted three or Judging by the tiny caseload, the statistics quantifying the prob- four investigations into rabbinic problem appears to be negligible lem appear to be nonexistent, sexual misconduct since the 300- — unless, of course, wrongdoing “some experts” estimate that member organization adopted a “between 18 and 39 percent new code of ethics in 1999. The by rabbis and other clergymen is of Jewish clergy are involved code is again being revised. underreported. in sexual harassment, sexual Hirsh would identify neither exploitation and/or sexual the transgressions nor the trans- misconduct — the same per- gressors. centage as non-Jewish clergy,” “We’re not allowed to discuss any details,” he explained, according to the 2002 book “Sex, Lies, and Rabbis: Breaking a although in one instance, he added, the association’s ethics Sacred Trust” written by psychotherapist Charlotte Rolnick committee merely admonished the accused rabbi to “be care- Schwab. ful next time.” “All denominations are involved,” Schwab wrote. Rabbi Joel Meyers, executive vice president of the Conser- In her book, she said quantitative data were drawn in part vative movement’s 1,600-member Rabbinical Assembly, said from a conversation with the Rev. Marie Fortune, director of in the 17 years he has held his current post, only three rabbis the FaithTrust Institute, a Seattle-based nonprofit organiza- have been asked to leave the R.A. or left on their own due to tion that fights sexual and domestic violence. “inappropriate behavior ” of a sexual nature. This year, one Schwab in her book added: “The large number of cases I, rabbi was expelled. alone, have in my files bears out this estimate.” In addition, the R.A. insisted that “several” other rab- Contacted later, Fortune said: “To my knowledge there are bis found to have engaged in “seductive behavior” undergo no definitive statistics in any of our faith groups that quan- therapy. tify the problem, and what we have instead are anecdotes Rabbi Basil Herring, executive vice president of the Rab- and in some places numbers of complaints brought in that binical Council of America, a primarily modern Orthodoxy particular jurisdiction.” organization, said the RCA has ruled on so few sexual mis- Fortune said her “best guess, based on anecdote and expe- conduct complaints over the past 10 years that the number is rience,” is that 10-15 percent of all clergy have been involved not statistically significant. in some form of sexual impropriety. n

5 WWW.JTA.ORG Reining in abuse In jurisdictional jungle, where does the buck stop in misconduct cases?

By RICHARD GREENBERG even in the face of several women accusing the rabbi, vote to keep him on.” EW YORK (JTA) — American Judaism is not a That said, controversies stemming from allegations of monolith, and that may have implications in the rabbinic abuse are not always clear-cut. They are sometimes Wfight against clergy sexual abuse. complex, shaded with ambiguities and subject to varying in- On one hand, the mainstream rabbinic organizations have terpretations. established in-house panels to handle cases of suspected sex- In one case, for example, the board of the largest Conser- ual misconduct and other ethics violations by their members. vative synagogue in western New York, Buffalo’s Temple On the other hand, Judaism is highly decentralized, which Shaarey Zedek, voted conditionally in March 1999 to keep its means individual congregations are largely free to decide rabbi, A. Charles Shalman, after several female congregants how to police themselves in this area. reported that he had touched them inappropriately and had Consequently there is no made sexually suggestive com- guarantee that misconduct ments to them, according to cases arising at the synagogue press accounts. level will find their way to the Controversies stemming from Early the following month, ethics committees’ dockets. allegations of rabbinic abuse are not the R.A.’s ethics committee, Even so, several sources which had investigated the said they were confident that always clear-cut. case, summarized its findings serious cases would probably in a letter to Shalman that was be brought to the attention of obtained by the Forward. The denominational-level officials, or the police if necessary. letter said in part: “It is painfully clear that you have violated Whether or not that is actually the case, reactions varied several principles of rabbinic conduct which have caused widely to the notion of congregants deciding a sexual mis- harm to certain of the women counseled or taught by you.” conduct case involving their own rabbi. The letter continued: “Normally, given the nature of the That uncomfortable prospect was one of several examined conduct, we would expect you to withdraw from your con- by JTA in this three-month-long investigation of policies that gregation.” But the committee relented, the letter explained, have been drawn up over the past several years to rein in after learning that the synagogue’s board, in its March 1999 rogue rabbis and others who sexually exploit congregants, vote, had decided to permit Shalman to keep his post “under students or others. very strictly defined parameters.” Rabbi Joel Meyers, executive vice president of the Conser- The committe, echoing the board’s decision, decided that vative movement’s Rabbinical Assembly, said although shul- as a condition of his continued employment at Shaarey Ze- goers would probably be too lenient when asked to judge their dek, Shalman must undergo therapy with an R.A.-approved own rabbi, “they generally understand what must be done.” practitioner and report regularly to a rabbinical mentor. It Psychotherapist and author Charlotte Rolnick Schwab, also prohibited him from teaching or counseling women on who believes that most aspects of Judaism’s internal ad- an individual basis without the permission of the ethics judication system are dysfunctional, said the prospect of a committee. congregation deciding a rabbi’s professional fate is especially On Aug. 19, 1999, four months after the R.A. decision was troubling. handed down, the membership of Temple Shaarey Zedek vot- “The problem of dealing with rabbi-perpetrators of sexual ed 232 to 87 to keep Shalman. The text of a motion issued in abuse is compounded by the fact that individual synagogues conjunction with the vote clearing Shalman to remain on the have sole power over hiring and firing their rabbis,” Schwab pulpit said in part, as reported in the media, that Shalman wrote in her 2002 book “Sex, Lies, and Rabbis: Breaking a had been unjustly victimized by “anonymous allegations and Sacred Trust.” subsequent rumors” after having tried to comfort those “in The book continued: “The rabbinic organizations can need of such assistance.” suspend them from membership, can recommend that they Contacted in late December by JTA, Meyers of the RA resign. They can also recommend that the synagogues fire said Shalman had fulfilled all the requirements mandated by them for cause. It is shocking that many of these synagogues, the organization’s ethics committee. The case was declared

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closed in July 2001 and Shalman was “restored to full rab- O.U.’s companion organization, the Rabbinical Council of binic status in the Rabbinical Assembly,” according to an RA America. document provided by Shalman. He declined comment on his Conceding that such a jurisdictional loophole does ex- case. ist, Rabbi Tzvi Hersh Weinreb, executive vice president of the O.U., added in an e-mail that “the OU does not have Not just rabbis ‘jurisdiction’ over cantors, or over non-rabbinic members of individual synagogues who may misbehave, but urges syna- Rabbis are not the only religious authority figures who gogue leadership to educate itself about such matters and may be accused of victimizing congregants. Cantors, among bring breaches of sexual conduct to legal authorities when others, have committed sexually abusive acts, as indicated by appropriate, or to appropriate mental health or social service several cases, high-profile and otherwise. agencies when necessary.” In one instance, a woman who was interviewed by JTA, If not the O.U. or the RCA, it was not immediately appar- reported being sexually assaulted by her cantor several ent which Orthodox organization would in fact have jurisdic- years ago in a parking lot fol- tion over a sexual misconduct lowing a communal event. The complaint involving a cantor. woman, who asked that neither Orthodox cantorial organi- her name nor the name of her One abuse victim said she was zations do exist, but their assailant be used, said she advised ‘to keep it quiet, and keep it representatives said they are initially did not report the in- not equipped to handle ethics cident to the police after being in the community.’ complaints of this type. advised by an acquaintance “to As for the other denomina- keep it quiet, and keep it in the tions surveyed, the Reform and community.” Conservative movements have cantorial associations that But as word of the incident spread, the woman said she rule on ethics complaints against their members. and her son were soon ostracized by members of the religious Over the past five years, five complaints alleging sexual community that had once embraced them. They became the misconduct have been filed with the Conservative move- targets of a harassment campaign, according to the woman, ment’s Cantors Assembly, resulting in the expulsion of three that included pointed intimations that she and her son might cantors from the organization. The Reform movement’s not be Jewish. American Conference of Cantors has received one complaint “They destroyed my son spiritually,” said the woman, now of sexual harassment since 2004. That complaint was investi- in her mid-40s, her voice breaking. “They ripped the heart of gated and found to be without merit. Jerusalem from him and I had to watch it.” The Reconstructionist movement does not yet have a full- Eventually the woman’s Jewish bona fides — and those fledged cantorial association and, as a result, most cantors of her son — were confirmed by an Orthodox beit din, a rab- working in that denomination’s synagogues belong to either binic court, sitting in New York, which also advised her to the Conservative or Reform cantorial groups, according to a report the to the police. Reconstructionist spokesman. “They did everything right,” she said of the beit din. Felony charges were filed against the cantor, who pleaded Justice delayed guilty to a misdemeanor count, according to authorities. He was given a one-year suspended sentence, three years Several of the denominational codes have specific dead- probation and was ordered to undergo domestic violence lines for promptly dealing with accusations of misconduct, counseling. but they apparently are not always followed. Although procedures for adjudicating sexual misconduct In fact, Rabbi Rosalind Gold, chair of the ethics committee complaints against cantors differ from movement to move- of the Reform movement’s Central Conference of American ment, none of these cases are handled by the denominational Rabbis, identified procedural delays as one of the chief flaws rabbinic organizations — unless perhaps the cantor is also an in the system — a glitch in the CCAR mechanism that was ordained rabbi. evident when JTA first investigated rabbinic sexual abuse in The , which has approximately 450 mem- 1996. The delays can penalize both victims of abuse and rab- ber synagogues in North America, has behavioral standards bis who are unjustly accused. covering hundreds of organizational employees, but it has no In one recent case, a woman maintained that she had congregational ethics guidelines applying specifically to non- waited six months before receiving word that her complaints rabbinic clergymen, such as cantors. against a rabbi would be investigated, despite what she char- “It’s a big gap; I can’t defend it,” said Rabbi Mark Dratch, acterized as a two-week reporting requirement mandated who chairs the Task Force on Rabbinic Improprieties of the by the CCAR. The rabbi vigorously denied the allegations

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against him. Gauging the system “Things just take too long,” Gold said. “Trying to get nine rabbis together for a meeting is really hard. I’ve seen delays In general, policies on sexual impropriety reflect the in- hurt both complainants and rabbis. It puts them through tentions of “people of good character and integrity who seem hell.” to take the issue seriously,” Dratch said. “But sometimes even In the woman’s case, the ethics committee—following its these people can mishandle cases.” routine procedures— suspended its investigation after it The guidelines, he adds, are “only as good as the people in- learned that there was litigation involving the rabbi and the volved in that particular case, and that’s part of the problem. complainant. They’re often not aware of the policies or they’re not well “We don’t want our ethics process to be used as evidence in trained in this area.” a court case,” Gold explained. “It’s not written in the code; it’s Schwab, the psychotherapist author, said she recently con- been the practice since the code was put into place” in 1991. ducted an informal poll of scores of congregants at Conser- “It doesn’t happen often, and usually it involves a divorcing vative and Reform synagogues in Palm Beach County, Fla., couple with a rabbi spouse.” and found that none of them were Regardless of the rationale aware of their congregations’ policies behind the rule, Jeff Anderson, ‘Sometimes, somebody on sexual misconduct. a Minnesota attorney who has handled hundreds of sex abuse doesn’t like the rabbi and Yet even when all parties are cases against religious organiza- makes something up to get well-informed and the system func- tions, including at least one Jew- the rabbi fired.’ tions “optimally,” it does not always ish institution, said it is simply dispense justice, according to Reform bad policy. Susan Grossman Rabbi Drorah Setel, an anti-abuse “If to investigate and get to the Rabbi, Beth Shalom Congregation scholar and activist. She argued that bottom of it is the right thing to when sex abuse victims file com- do at any given point in time, it’s plaints against revered communal the right thing to do at all points figures, they always run the risk of in time,” Anderson said. “To suspend it because of a civil being vilified. suit makes it the wrong thing. There’s no right way to do the “To name the problem is to create the problem,” Setel ex- wrong thing.” plained. “That’s the mentality. Anger is directed at the victim Still, Gold defended the work of her ethics committee. rather than the perpetrator.” “There is no glory in it and a lot of grief,” she said. The situation might improve, Setel added, if ethics panels “Our committee is really committed to finding rabbis who had more lay people or more women, or if victims’ advocates shouldn’t be practicing. Our process isn’t perfect, but there’s played a more prominent role in the proceedings — anything no old boys network anymore.” to redirect the therapeutic focus away from the rabbis them- But there is a potential downside to the climate of in- selves. Several denominational policies, for example, encour- creased vigilance now emerging in the Jewish world. age rabbis to seek moral rehabilitation through teshuvah, or “Sometimes, somebody doesn’t like the rabbi and makes heartfelt repentance. something up to get the rabbi fired,” said Susan Grossman, “The policies are silent on teshuvah for the congregation,” a rabbi at Beth Shalom Congregation, a Conservative syna- Setel said. “What happens if the congregation shuns the vic- gogue in Columbia, Md. tim? Does the congregation have to do teshuvah? There’s a Grossman cited the instance of a colleague who “wound whole process of reintegration into the community that is up getting hauled in and fired” after innocently applying sun- not even addressed.” tan lotion to children. Ironically, the role of teshuvah in sexual misconduct To guard against such episodes, it is important for de- cases was raised recently by prominent Reform Rabbi Shel- nominational decision-makers to be flexible and use common don Zimmerman, who himself had been found by the CCAR sense, said Meyers of the Rabbinical Assembly. to be in violation of the organization’s guidelines on “sexual “You can’t always find that in written ethics guidelines,” ethics and sexual boundaries.” he said, explaining that sexual misconduct “cannot be gener- A former CCAR president, Zimmerman was suspended for alized.” two years by the CCAR in 2000. He then resigned as president Activities that might disqualify a rabbi for the pulpit of the Hebrew Union College-Jewish Institute of Religion, cover an enormous range in terms of severity. but went on to become executive vice president of birthright “People keep looking for black-and-white solutions to israel and then vice president for Renaissance and Renewal these situations,” said Meyers, “and that’s not how human of United Jewish Communities. relations work. Each situation is different.” Zimmerman’s post-suspension hires drew both criticism

8 WWW.JTA.ORG Reining in abuse

and praise. He no longer works for UJC. now is, ‘What do we do to keep congregations safe and rab- The CCAR did not disclose full details of the case involv- bis and cantors healthy?’ ” ing Zimmerman, but several sources interviewed around On a more practical level, workshops addressing the is- the time of his suspension said it is believed he had what sue are becoming more commonplace across the denomina- was characterized by one publication as an “extramarital tions. The O.U., for example, featured such a session at its affair” with a congregant 15 years earlier while he was the recent biennial convention in Jerusalem. A special beit din rabbi of Central Synagogue in New York. has been created in Chicago to adjudicate cases of sexual In 2005, Zimmerman published an article in the CCAR abuse. Journal in which he reflected on his case and on his efforts Meanwhile, denominational leaders are placing greater to rehabilitate himself with the help of CCAR-mandated emphasis on education and prevention as effective tools in teshuvah “mentors.” Praising some aspects of the teshuvah combating the problem of sexual misconduct among clergy- process and criticizing others, Zimmerman wrote that his men and other trusted figures. The Union for Reform Juda- family “needed and failed to receive communal and collegial ism, for example, in its May 2005 leadership briefing advised care and support.” board members of its congregations to ensure the safety of Attempts to reach Zimmerman for comment were congregants “and reduce your risk of liability” by consider- |unsuccessful. ing rigorous background checks of employees. Despite these and other criticisms of the still-evolving In addition, several rabbinical school curriculums now mechanism for dealing with clergy sexual misconduct, include courses on sexual misconduct and how to steer clear several sources said they see evidence that concern over the of it. Yeshiva University is one such school. problem is beginning to pay off. “I’ve seen it work,” said psychologist David Pelcovitz, Attorney Anne Underwood, for one, said she detects a who teaches at Y.U. “I’ve had young rabbis in the field call change in the mind-set of institutional Judaism. me and tell me how they’ve been able to recognize situations “What I don’t hear anymore,” said Underwood, who has they wouldn’t have known how to handle before. I’ve gotten helped various faith groups formulate ethics policies, “is several calls like that over the last couple years, and it felt ‘What do we do to legally cover our asses?’ What I’m hearing great.” n

9 WWW.JTA.ORG Reining in abuse Inside the eruv: Are some Orthodox discreet or closing their eyes?

By EUGENE L. MEYER and RICHARD GREENBERG Shafran, who accused the online detractors of making glib and sweeping generalizations without corroborating EW YORK (JTA) — Within Jewish circles, much evidence, termed the comments “abhorrent.” of the focus on sexual predators has centered on Other communities were criticized as well on one Web Nthe Orthodox community, particularly its more fer- site. vently religious precincts, where some contend that clergy “Denial, secrecy, and sweeping under the carpet are not sex abuse is more hidden — and possibly more widespread unique to charedi, Orthodox, or Jewish institutions,” wrote — than elsewhere. Nachum Klafter, a self-described “frum psychiatrist,” in a Whether or not those contentions are true, the problem Nov. 26 posting on the Web site haloscan.com. “They are typi- in that community was spotlighted by two recent episodes. cal reactions of well-intentioned, scandalized human beings They are among several incidents, emanating from across the to the horrible shock of childhood sexual abuse.” denominational spectrum, that JTA examined in this six-part Eleven days after those remarks were posted, a haredi investigation of the Jewish community’s response to clergy rabbi, Yehuda Kolko, was arrested and charged in connection sex abuse. with the alleged molestation of The first of two episodes a 9-year-old boy and a 31-year- that JTA tracked in the fervent- ‘ hey are typical reactions of well- old man, both former students ly Orthodox, or haredi, com- T of his during different eras at munity involved a fierce debate intentioned, scandalized human Brooklyn’s Yeshiva-Mesivta over remarks by a haredi rabbi beings to the horrible shock of Torah Temimah. Kolko, 60, who reportedly suggested that had long served the yeshiva his community sweeps the is- childhood sexual abuse.’ as a teacher and an assistant sue “under the carpet.” The Nachum Klafter principal. second involved the arrest of Self-described ‘frum psychiatrist’ Kolko, meanwhile, is named a haredi rabbi and teacher, who in at least four civil suits filed was charged with sexual abuse over the past eight months by and endangering the welfare of his alleged victims, including a minor. the 9-year-old boy. The most recent litigation, which seeks $10 On Thanksgiving, at the annual national convention of million in damages from Torah Temimah, was filed in New Agudath Israel of America, a haredi advocacy organization, York state court the day before Kolko was arrested. It alleges Rabbi Matisyahu Salomon, a featured speaker, ignited a con- not only that Kolko molested the 9-year-old during the 2003-04 troversy with his discussion of the haredi response to clergy school year, but that the school administration covered up the sex abuse. rabbi’s pedophilia for 25 years. Salomon, a dean of Beth Medrash Govoha in Lakewood, The suit charges that Rabbi Lipa Margulies, identified N.J., one of the world’s largest yeshivas, said, according to an as the leader of Torah Temimah, knew of many “credible Agudath Israel spokesman, that haredim are indeed guilty of allegations of sexual abuse and pedophilia against Kolko,” “sweeping things under the carpet.” yet continued to employ him as an elementary school teacher What he meant was open to interpretation. Salomon de- “and give him unfettered access to young children.” clined comment, but according to the Agudath Israel spokes- Avi Moskowitz, the attorney representing Torah Temi- man, Rabbi Avi Shafran, Salomon meant that rather than mah, said: “The yeshiva adamantly denies the allegations in ignoring or covering up sexual misconduct, as detractors the complaints and is sure that when the cases are over, the maintain, haredi officials deal with it discreetly to protect yeshiva will be vindicated.” the dignity of the families of perpetrators and victims. Another one of the lawsuits brought against Torah Temi- The response to Salomon’s remarks was swift and often mah was filed in May by David Framowitz, now 49 and living heated, with several Web site and blog contributors arguing in Israel. In that $10 million federal litigation Framowitz, that the rabbi’s comments should be taken literally — that who was joined by a co-plaintiff also seeking $10 million, al- is, haredi officials often look the other way when clergy sex leged that he was victimized by Kolko while he was a seventh- abuse takes place in their midst. and eighth-grader at Torah Temimah.

10 WWW.JTA.ORG Reining in abuse

Although the lawsuit, which named Kolko as a co-defen- anecdotal evidence that abuse often goes unreported there. dant, referred to Framowitz only as “John Doe No. 1,” he has The reason, they said, is that many individuals in those since dropped his anonymity and gone public with his story. communities, which are noted for their insularity, resistance “That’s the only way that people would believe that there’s to modernity and reverence for religious leaders, are loath to actually a problem, if they knew that there’s a real person confront rabbis for fear of being publicly shunned. out there who was molested,” Framowitz told JTA in a recent Shafran said he doubts that clergy sex abuse is more prev- telephone interview. “There are many other victims out alent in the fervently Orthodox world than elsewhere. Asked there, and I want people to know that this really exists.” whether victims there are afraid to report abuse, he said, “I Framowitz grew up in part in fervently Orthodox com- hope it’s not true. But it’s easy to see how someone would be munities in Brooklyn where rabbinic sex abuse, he said, is reluctant to publicly report such an issue.” rarely reported. And when it is reported, he added, rabbinic He said modesty, which is prized by many haredim, might courts seldom have the expertise or the inclination to deal preclude the open discussion of matters “that are part of the with it effectively. average radio talk show agenda.” After his own reports of abuse were met with disbelief In fact, Shafran acknowledged that “for a person whose and inaction, Framowitz said he chose to “deeply bury” his whole life revolves around the community,” the ostracism painful memories of the al- that results from publicly leged incidents. confronting a leader of that “I never really got over it,” ‘It’s a relief knowing that the story community “can be worse than he said, “but I was able to get death.” on with my life.” is finally out there, and that maybe Others believe that under- An accountant by trade, Kolko will be prevented from being reporting of clergy sexual mis- Framowitz made aliyah several conduct may in fact facilitate years ago, and now lives in the around other kids.’ abuse. West Bank community of Kar- David Framowitz “Offenders have learned to nei Shomron with his wife and Alleged abuse victim hide behind” the reluctance of four adult children. They have victims to speak out, said Brian one grandson. Leggiere, an Orthodox Jew and Framowitz said he decided a psychiatrist in Manhattan to speak out publicly about his experience after he learned who has treated both perpetrators and victims of sexual through the Internet in the fall of 2005 that Kolko was still abuse. He added, though, “The situation is changing for the teaching young boys. He said he is relieved that Kolko has better, but very slowly. Each community is different, so it’s been arrested and charged, although in connection with re- hard to generalize.” ported incidents unrelated to his alleged victimization. In some neighborhoods, Leggiere pointed out, public safe- “It’s a relief knowing that the story is finally out there,” ty is beginning to gain traction as an ideal worth defending, Framowitz said, “and that maybe Kolko will be prevented as is the notion that professional therapy or other forms of from being around other kids.” treatment for sex abuse victims, as well as for perpetrators, JTA tried unsuccessfully to reach Kolko, who along with should not be stigmatized. Framowitz was the focus of a May 15 New York magazine story that said “rabbi-on-child molestation,” according to sev- Judging the judges eral sources, “is a widespread problem in the ultra-Orthodox Jewish community and one that has been long covered up.” Among many Orthodox Jews, the preferred forum for ad- Attorney Jeffrey Herman, who is representing the plain- judicating communal disputes is a beit din, a rabbinic court. tiffs in the lawsuits stemming from Kolko’s alleged miscon- But critics say such panels often try to dissuade sex abuse duct, was quoted in the New York magazine piece saying that victims from pursuing their complaints, a charge vigorously the clergy abuse situation in the haredi community “reminds denied by Shafran. But, he added, “In cases where there is me of where the Catholic church was 15 or 20 years ago. What some degree of doubt, the beit din has a responsibility to I see are some members of the community turning a blind counsel against going to authorities until there is proven eye to what’s going on in their backyards.” criminal activity.” Mark Dratch, a modern Orthodox rabbi who chairs the Sifting the evidence Rabbinical Council of America’s Task Force on Rabbinic Improprieties, said that if the beit din “is used to make the Hard numbers are not available to determine if clergy community safer, that’s appropriate. If that relationship is sex abuse is more widespread in haredi communities than in used to bypass the justice system, I think that’s wrong, par- other Jewish locales. However, several insiders said there is ticularly in cases of suspected criminal activity.

11 WWW.JTA.ORG Reining in abuse

“The problem in the ultra-Orthodox community is people However, a 2000 report by a special O.U. commission found go to the beit din and not to civil authorities. There is a very that Lanner had also sexually abused women and teenage complicated relationship between rabbis and civil authori- girls, and physically abused boys and girls while he was a ties,” he said. “It doesn’t always work appropriately.” leader at NCSY. The case attracted widespread attention, in Dratch, who now directs JSafe, a nonprofit organization part, because the report said some O.U. and NCSY leaders addressing abuse in the Jewish community, said he has had failed to take action for several years to halt Lanner’s “pleaded with members of Agudah to expose the dangers of misconduct. clerical and familial abuse. I said if you don’t expose, victims Ultimately, according to organization insiders, O.U. Ex- have no place to turn.” ecutive Vice President Rabbi Raphael Butler resigned under Agudath Israel has not promulgated anti-abuse policies pressure in the wake of the scandal. for its affiliated congregations, Shafran conceded, “nor have Both the O.U. and the NCSY have upgraded behavioral there been complaints” of sexual misconduct at Agudath Is- guidelines and enhanced anti-abuse training programs, rael-affiliated congregations. But he added, “I wouldn’t rule according to officials at both organizations. The NCSY poli- out that one day there would be such guidelines. The Talmud cies, which cover 17 pages and were revised most recently in teaches us that we should stay away from even the appear- October, are binding on at least 25,000 individuals, including ance of impropriety.” NCSY professionals, volunteers Agudath Israel does have and program participants. The binding behavioral guidelines ‘ he consensus of contemporary guidelines spell out prohibited that apply to its youth groups T conduct in detail, and include and its five summer camps, Jewish religious authorities is that’ step-by-step instructions for which serve about 2,000 young- reporting sex abuse is religiously filing an abuse complaint. sters, according to Shafran. Both O.U. and NCSY officials Yehuda Kolko worked at one mandatory. said they are not aware of any of those camps, Camp Agudah Rabbi Mark Dratch complaints of sexual miscon- in Ferndale, N.Y., decades ago, duct toward youths since the according to Shafran, appar- NCSY guidelines were upgrad- ently long before the behavioral ed a few years ago. guidelines existed. The Chabad-Lubavitch movement has no written conduct The federal lawsuit filed in May states that while Kolko guidelines applying specifically to its estimated 4,000 global was at Camp Agudah, he repeatedly molested Framowitz, emissaries, known as shluchim, or its approximately 3,000 who was a camper there in the summers following his sev- multi-use facilities that double as synagogues and are usu- enth- and eighth-grade years at Torah Temimah. ally referred to as Chabad Houses. Framowitz’s co-plaintiff — “John Doe No. 2,” an adult However, many Chabad Houses have adopted behavioral male living in the United States — alleged that he also was policies originally formulated for the movement’s schools, abused by Kolko, but only at Torah Temimah. The lawsuit according to movement spokesman Rabbi Zalman Shmotkin. contends that the administrations at both the camp and the In addition, according to Shmotkin, shluchim must school knew Kolko was a pedophile and did nothing about it. strictly abide by the Shulchan Aruch, the 16th-century code Shafran declined comment on the litigation, which is of Jewish law that prohibits non-married or unrelated adults being divided into two complaints, one for each plaintiff, ac- of the opposite sex from being secluded with each other. cording to the attorney Herman. The complaint initiated by Framowitz has been dismissed on the plaintiffs’ initiative but On the school front will be refiled, Framowitz and Herman said. An attorney representing Kolko in the federal litigation Some of the denominational policies examined by JTA declined comment on behalf of his client. are designed to guard against situations that could result in inappropriate contact with minors, regardless of their sex. Elsewhere in Orthodoxy They mandate, for example, that at least two adults be present when a child is receiving private religious instruction. The modern Orthodox community was deeply scarred A non-seclusion requirement is among many anti-abuse by the sex abuse scandal involving Rabbi Baruch Lanner, a provisions included in mandatory school behavioral policies former regional director of the National Conference of Syna- adopted by Chabad about five years ago. The policies cover gogue Youth, a branch of the centrist Orthodox Union. approximately 2,000 personnel at some 350 Chabad schools Lanner was sentenced in 2002 to seven years in prison for attended by about 24,000 students. sexually abusing two female students during the 1990s while The policies also instruct school officials to consult two he was their principal at a yeshiva high school in New Jersey. recognized rabbinic authorities — one Chabad-affiliated and

12 WWW.JTA.ORG Reining in abuse

one not — regarding the centuries-old Jewish legal injunc- Perhaps as a result of that directive, Pasik said few, if any, tion known as mesirah, which in some instances prohibits parents he knows with children attending schools serviced Jews from reporting Jewish perpetrators to non-Jewish au- by Torah Umesorah were told about the rules unless they thorities. called the Torah Umesorah national office in Manhattan. Mesirah has been blamed for the reticence of some Ortho- Pasik’s children have attended yeshivas affiliated with Torah dox sex abuse victims to go public with their complaints. In a Umesorah. spring 2004 article in the anti-abuse publication Working To- Furthermore, he added, “I have personally spoken gether, Dratch of JSafe said that in cases of child sex abuse, with several teachers and they knew nothing about these “the consensus of contemporary Jewish religious authori- guidelines.” ties is that such reporting is religiously mandatory.” Asked to respond, Fishman declined comment, except to Three years ago, several safeguards were adopted by To- say, “We believe that molesters should be reported.” rah Umesorah-The National Society for Hebrew Day Schools, Pasik said the situation shows the need for a centralized a service organization — the largest of its kind in the United governing body — perhaps a state or federal agency — that States — that provides religious educational materials for can hold schools accountable for the safety of students. nearly 200,000 Orthodox students spanning that denomina- “It’s hard for people in any organization to govern them- tion’s ideological spectrum. selves,” he said. “We’re not being patrolled or governed by The Torah Umesorah guidelines, which were presented to anybody.” school principals, warn teachers and other staffers to refrain Pasik recently lobbied for passage of legislation in New from sexually immodest behavior or speech and from inap- York that authorizes non-public schools to require finger- propriate touching. They also prohibit school personnel from printing and FBI background checks for prospective employ- being secluded with students. ees. The measure was enacted Aug. 16. But the guidelines are nonbinding because each of the The larger issue of child molestation in the Orthodox hundreds of schools served by Torah Umesorah are self- community was addressed in a one-page statement accompa- governing. nying the Torah Umesorah guidelines. “We’re a service agency, not a governing agency,” Rabbi Issued by the organization’s rabbinical board, the state- Joshua Fishman, the organization’s executive vice president, ment says in part that “a small number of individuals have told JTA. caused untold pain to many children. In addition to the sins Elliot Pasik, a New York attorney and children’s rights which they have committed, they have created painful memo- advocate, said the way in which the guidelines were distrib- ries in the minds of their victims, memories which can have uted calls into question Torah Umesorah’s commitment to a devastating lifetime impact.” protecting students from sexually predatory teachers and The statement urges “everyone to use every means to stop other staffers. these violations of children, including, at times, exposing The guidelines were accompanied by a Sept. 24, 2003, the identities of the abusers and even their incarceration. cover letter signed by Fishman that said in part: “This docu- At times, our primary intent may not be to punish the per- ment should be maintained with a sense of confidentiality. It petrators, but rather to help them. Therefore, it is preferable, should only be shared with your educational administrative wherever appropriate, to force them to undergo appropriate and teaching staff.” professional therapy.” n

13 WWW.JTA.ORG Reining in abuse Awareness Center a clearinghouse of concern — and controversy

By EUGENE L. MEYER irresponsible accusations,” charged Rabbi Avi Shafran, spokesman for the fervently Orthodox advocacy organization EW YORK (JTA) — There is no unabridged database Agudath Israel. “Using a blog is a very easy and effective way of rabbinic sexual abusers. But there is the Aware- of casting aspersions on people.” Nness Center. Blau said blogs are a mixed blessing. It’s not a physical place, but a Baltimore post-office box, “Since they are anonymous, they can say almost any- cell-phone number and Web site — www.theawarenesscenter. thing,” he said. “On the other hand, until the community is org — where online surfers can find a listing of scores of Jew- more willing to deal with issues, I can understand why writ- ish clergy and hundreds of other Jewish officials in positions ers won’t reveal their identity.” of trust or authority who are alleged to be sexual predators. One blog-intensive case listed on the Awareness Center Some of them have been convicted of crimes; some have not site involves Mordechai Tendler, a disgraced modern Ortho- even been charged or sued. dox rabbi from Rockland County, N.Y., who was accused of Vicki Polin, 47, is the nonprofit organization’s executive having illicit sexual relationships with several women who director and only full-time had come to him for counsel. staffer. A licensed clinical The charismatic scion of professional counselor and an distinguished rabbinic schol- art therapist, she founded the The Center’s biggest weapon: ars, Tendler ironically was Awareness Center in 2001 after known as a strong advocate for becoming fed up over what she exposure of alleged wrongdoers. Jewish women who were un- deemed to be inaction in bring- able to obtain a get, or religious ing perpetrators to justice and release from marriage, from protecting the public. their husbands. Her biggest weapon: exposure of alleged wrongdoers. Tendler was expelled from the Rabbinical Council of Her efforts have won her loyal supporters and harsh America in March 2005 for “conduct inappropriate for an critics. Orthodox rabbi.” The Jewish Orthodox Feminist Alliance “Vicki’s site is very valuable,” said Rabbi , reli- praised the RCA “for taking these issues seriously and gious adviser at Yeshiva University and a vocal advocate for instituting formal procedures to deal with them.” Those victims of rabbinic sexual abuse and other forms of sexual procedures included hiring a Texas-based private investiga- misconduct. “Since you can’t get people arrested and there tive firm to conduct a probe of the matter and convening an are no court cases, you have to use a standard that’s reason- in-house ethics panel to rule on the case. able and [disclosure] works in that context.” In April, Tendler was fired from the congregation he had The Awareness Center’s outing of alleged and con- helped establish in the mid-1980s, Kehillat New Hempstead. firmed abusers has inspired an army of Jewish bloggers Undaunted, he held High Holiday services this year in a eager to discuss the topic. Their anonymous postings ap- public elementary school directly across the street from his pear on Web sites such as the Unorthodox Jew, the Canonist, former shul. Jewishwhistleblower.blogspot.com and Lukeford.net. Tendler, married and the father of eight, has consistently “In the Orthodox community it is much harder to be denied the allegations against him, but did not respond to heard, so people go online instead of going to police and the inquiries from JTA seeking comment. His attorney, Glen rabbi,” said a woman now living in Israel who reported be- Feinberg, said his client retains a large following in Rockland ing abused as a child by her father, an American rabbi who County. JTA asked Feinberg to encourage Tendler’s support- is principal of an Orthodox school on the Eastern seaboard. ers to contact JTA, but none did. “The blogs are safe for survivors.” The scandal has spawned at least three lawsuits, includ- The Awareness Center and the bloggers not only have ing one filed by Tendler against his former congregation for brought this sensitive subject to the attention of a wide audi- alleged breach of contract. That suit has been dismissed, ence, they have also stirred up considerable controversy over but the ruling is being appealed. The litigation filed against issues of fairness, attribution and transparency. Tendler has publicized the sort of matters that once would “The blogorai, as I call it, is the new way of making have only been whispered about in private.

14 WWW.JTA.ORG Reining in abuse

For example, a lawsuit filed in December 2005 by former tion Against Sexual Abuse/Assault, has its own confiden- congregant Adina Marmelstein states that Tendler, who por- tiality policy regarding victims of sexual misconduct and trayed himself as “a counselor and advisor with expertise in others. women’s issues,” advised Marmelstein to have sex with him “As a victim advocate, I never name the survivors,” Polin so that “her life would open up and men would come to her,” said. and she would then marry and have children. The Awareness Center no longer names its board mem- The suit also claims that Tendler told Marmelstein that bers, either, “due to harassment,” according to Polin, who he “was as close to God as anyone could get” and that he said she herself has been threatened repeatedly with physi- “was the Messiah.” And when the relationship ended, the cal harm and once was spat on by a woman who was angry suit contends, Tendler encouraged congregants to “harass, over an Awareness Center disclosure. threaten and intimidate” Marmelstein in an apparent at- In 2003, Polin said, a supporter of an alleged abuser tempt to discredit her accusations. named on her site did background checks on her advisory As for Tendler, his legal filings included petitions submit- board members, “found something about them or someone ted in Ohio and California seeking to force the disclosure of they cared about and threatened to make it public.” Half a the identities of anonymous bloggers who had been attack- dozen resignations ensued, she said. ing him publicly for his alleged conduct. But he withdrew Among those who were formerly listed but resigned for both petitions. other reasons is Rabbi Mark Dratch, who chairs the Rab- In the California case, a judge ruled Oct. 12 that Tendler binical Council of America’s Task Force on Rabbinic Im- must pay the bloggers’ legal fees — a decision that was proprieties and has founded the organization JSafe to deal praised by attorney Paul Alan Levy of Public Citizen, who with sexual abuse in the Jewish community. represented three of the bloggers involved in the case. Dratch said he left the Awareness Center board in “dis- “The right to criticize anonymously on the Internet is agreement with [Polin] on the standards required for pub- a fundamental free-speech right and an important tool for lishing on her Web site. I wasn’t satisfied with the threshold whistle-blowers and consumers who speak out about the of verification. There are people who’ve been victimized misconduct or corruption of big companies or public fig- and others who’ve been subject to false reports also being ures,” Levy said in a press release. victimized. The big problem we have in this area is verify- A letter from Tendler to the judge who had ruled in the ing the allegations and moving forward.” California case was posted Nov. 15 on a victims’ advocacy As of early December, the Awareness Center site still blog. In the letter, Tendler asked the judge to reconsider his listed 236 “supportive rabbis.” Polin said more than 500 decision on attorney’s fees, adding: “I have been the subject people receive her e-mail alerts, and the Web page averages of a concerted and constant Internet campaign to destroy around 35,000 visitors per month. my reputation, livelihood, and family. Disgusting allegations One of the e-mail recipients is Rabbi Tzvi Hersh Wein- of sexual impropriety, all of them false, have been circulated reb, executive vice president of the Orthodox Union and a about me and amplified in such horrific proportions as only trained psychologist. can happen on the Internet. These allegations and threats “I read everything with a grain of salt,” he said. “On the have, in fact, destroyed my reputation as a rabbi and teacher other hand,” Weinreb said, the Awareness Center and the and have caused me hundreds of thousands, if not millions blogs “have served the purpose of keeping this in the public of dollars in actual and future damages.” spotlight and keeping the pressure on established institu- The letter described the bloggers as being “like poison- tions to police their constituencies.” ous snakes” who “want to continue to do their damage and As of late December, the Awareness Center was in dan- spread their filthy vicious lies with no accountability.” ger of closing for lack of funds, according to Polin, who was The Awareness Center, also known as the Jewish Coali- seeking donations to keep the organization afloat. n

15 WWW.JTA.ORG Reining in abuse The aftermath of sexual abuse: How one synagogue coped

By RICHARD GREENBERG tained in a book about a suburban New Jersey congregation whose rabbi had become involved in a major crime. EW YORK (JTA) — As an attorney representing sev- “It confirmed my instincts that we needed to give people eral victims of sexually predatory Catholic priests, in the congregation a chance to share their sadness,” Weiss NMark Itzkowitz has witnessed the Church’s pedo- said. “Remember that even before the allegations had been philia scandal from an almost too-close-for-comfort vantage confirmed, people were basically sitting shiva for a longtime point. cantor who was in many cases a friend of theirs.” “Some of the details are absolutely horrifying,” said Itz- The task faced by Beth Am was daunting: While the case kowitz, 49, who lives in the Boston area. “I’ve seen things that was being investigated internally — and by the police — the have made my blood run cold.” rights of the alleged perpetrator and the victim and her fam- Not long ago, Itzkowitz’s life took a surreal turn when he ily had to be preserved. Meanwhile, the congregation had to found himself confronting clergy sexual abuse from a differ- be protected. So Shapiro was suspended with pay pending ent perspective: The problem had come home to roost in his completion of the police investigation. own synagogue. That probe ultimately revealed that the victim had been Robert Shapiro, the esteemed assaulted at the synagogue, longtime cantor of Temple Beth at Shapiro’s home, in his Am, a Conservative synagogue in pool, in a car and elsewhere. Randolph, Mass., was accused of The problem had come home to Shapiro was allowed to repeatedly molesting a mentally be alone with the woman challenged congregant, a woman roost in his own synagogue. because he was a trusted in her late 20s and early 30s when friend of her family, which the incidents allegedly occurred eventually sued Shapiro, between 2001 and 2003. as well as Beth Am, Weiss and the former congregation When the news broke in early February 2003, Beth Am was president. within days of again renewing the then-70-year-old Shapiro’s The latter three defendants were dismissed from the suit contract. after the judge determined they could not have known that “The people in the synagogue would have followed him Shapiro posed a risk, according to news accounts. to the ends of the earth,” Itzkowitz said. “He had been there Regarding damage control at Beth Am, Itzkowitz said longer than the rabbi — more than 20 years.” he resolved to do the opposite of what the Catholic Church Once the shock of the disclosure wore off, Beth Am lead- had done when its priests became embroiled in controversy. ers regrouped and tried to figure out how to manage the situa- Rather than circling the wagons, stonewalling and failing to tion. That involved not only ensuring that criminal, civil and acknowledge the community’s anguish, Beth Am officials moral justice would prevail, but also preventing the congre- would be forthcoming, compassionate and responsive, he gation from disintegrating. said. In-house guidelines were nonexistent. And attempts to Since Shapiro had privately tutored many bar and bat find advice from officials at the Conservative movement’s mitzvah students, several parents were concerned that their headquarters were unsuccessful, according to both Itzkowitz, children might also have been victimized. Synagogue repre- the synagogue board’s attorney, and its rabbi, Loel Weiss. sentatives were able to assuage their fears, however, noting While Jewish morality is founded on the Torah and other that there was no evidence of other incidents involving the sacred texts, “synagogues aren’t Coca Cola or IBM churning cantor — at Beth Am or elsewhere. out specific policies and procedures on right and wrong,” “This was not a case where somebody passed the buck to Weiss said. “There is a certain expectation that in a religious us,” Weiss said. institution, people will act properly. But what could have been Shapiro originally was charged with seven counts of rape, written on a piece of paper? My mind doesn’t think in those but as part of a deal with prosecutors he pleaded guilty in terms.” September 2005 to 14 counts of indecent assault and battery Weiss said the little practical information he found that on a mentally retarded person. He was sentenced to one year helped guide him through “this hell,” as he put it, was con- of house arrest and 10 years probation.

16 WWW.JTA.ORG Reining in abuse

Earlier this year, a civil court jury ordered Shapiro to pay individual, child or adult. $5.2 million to the victim and $750,000 to her parents — an “It’s good in theory,” Weiss said, “but it doesn’t work from award that will total $8.4 million including interest, accord- a practical standpoint.” ing to the lawyer representing the victim and her family. That is one of the many lessons — practical, moral and “If there is such a thing as a victory in this case,” Itzkow- spiritual — that have been learned in the wake of the Shapiro itz said, it is that Beth Am remained intact. The 400-family case. synagogue lost no congregants during the ordeal, except the Weiss and Itzkowitz came away with a renewed sense of victim and her family. affection and admiration for the Beth Am community, which “And until they come back,” Itzkowitz added, “we haven’t they said responded with courage, restraint and cohesive- really won.” ness. An attorney representing the family did not respond to a But because of his vocation, Itzkowitz encountered the JTA request for comment, and an attorney representing Sha- ordeal from a unique perspective. As an attorney, he had piro said his client would not comment. already seen his share of lives ruined and houses of worship In the wake of the incident, the synagogue has instituted shattered by sexually predatory clergymen. And as a result, a policy aimed at preventing another one. Beth Am clergy are he offered this sobering advice to any congregation: “Don’t now prohibited from being alone in the synagogue with any think it can’t happen to you.” n

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