Adopted in convention assembled, June 1991, and as amended in 1993, 1998, 2001, 2003, 2004, 2007, 2008, 2010, 2011, 2012, 2013, 2014, 2015, 2017, 2019, 2021, June 9, 2022, December 8, 2022, June 10, 2024, June 5, 2025. Effective June 5, 2025, the CCAR Code of Ethics is set forth in two documents: (1) The Standards of Rabbinic Behavior (“Standards”), and (2) Policies and Procedures (“Policies”).
Introduction[1]
As a religious organization, the CCAR and its members have adopted the CCAR Code of Ethics as a statement of our values and principles. Although some of the concerns recited in the Code may have models in the secular law, the use of such terms and the adoption of this adjudicative process is essentially religious, aiming at assisting our member rabbis to lead exemplary lives and better assuring the safety of sacred places and people.
The ethics policies and procedures set forth herein and the Ethics Committee’s (“EC”) determinations are solely ecclesiastical and are not intended and should not be used as a basis for or a defense to any cause of action, claim, damages, or any legal remedy in law or equity. Nor is the ethics process a civil, criminal, or administrative proceeding as in the secular law.
Throughout the entire process (complaint intake and the rabbi’s response, information gathering, adjudicatory process, and, if relevant, the period of T’shuvah-Rehabilitation Counseling), it is the CCAR’s goal, in conjunction with, as applicable, the Union for Reform Judaism (“URJ”), Hebrew Union College–Jewish Institute of Religion (“HUC-JIR”), or such other organizations involved in the circumstances of the case, to provide support to the victims, alleged victims, the rabbi and the rabbi’s family, to the staff of the rabbi’s congregation or community organization, and to the congregation or constituency itself.
The CCAR is committed to the full inclusion of all individuals in the ethics process. As part of this commitment, the CCAR will ensure that persons with disabilities are provided with reasonable accommodations. If such an accommodation is requested, please contact the chair of the Ethics Committee.
I. AUTHORITY OF THE ETHICS COMMITTEE
- Pursuant to Articles VI, Section 1(a) and VII, Section 1 of the CCAR By-Laws, the EC is an operating committee of the CCAR, under the ultimate authority of the CCAR Board of Trustees. The members of the EC are appointed by the CCAR President with the approval of the CCAR Board of Trustees and are submitted to the CCAR membership for ratification. The EC includes at least one layperson in its membership.
- Pursuant to Article V, Section 2 of the CCAR Constitution, the EC has the authority to undertake a thorough investigation when a member of the CCAR is charged with a violation of this Code or misconduct that would render a member unworthy of membership and has such disciplinary powers as found in this Code. The duties of the Chair of the EC may be delegated to another member or members of the EC pursuant to such rules and practices as the EC may develop.
- The EC may provide for its own internal operating rules provided that they do not contradict the CCAR Constitution or By-Laws or any article of this Code. Such rules will be published on the CCAR website.
- All decisions of the EC require the affirmative vote of at least two-thirds (2/3) of the EC members present and voting with a minimum quorum of nine (9) regular members present and voting.
II. INTEGRITY OF THE ETHICS PROCESS
- All persons coming before the EC will be reminded to maintain appropriate boundaries and decorum and respect for the privacy and reputational interests of everyone involved.
- Should a complaint be found to be manifestly untrue, the EC will follow the procedures noted in Section XI.A.1, 2 and 3 of these Policies and Procedures.
- Pursuant to Article VII, Section 2(c) of the CCAR By-Laws, a rabbi against whom an ethics charge has been filed is prohibited from any contact with any parties to the complaint that might be reasonably construed as being coercive or intimidating. Failing to abide by this guideline may constitute a failure to cooperate under Section IV of these Policies and Procedures.
- At the same time, in the interest of fairness, while the complaint is being processed, all other parties to the complaint, including the complainant and potential witnesses, shall desist from any contact that could inappropriately influence the outcome. In some cases, failing to abide by this guideline could be deemed to adversely affect the fairness of the process. Failing to abide by this guideline constitutes a failure to cooperate under Section IV of these Policies and Procedures.
III. CONFIDENTIALITY OF THE ETHICS PROCESS
- Commencing with a complainant’s first intake communication or inquiry, the ethics process is confidential, including, without limitation, the Complaint, Rabbi’s response, all documents created by the Ethics Committee or the Information Gathering Team, and all communications during the ethics process.
- No member of the EC or CCAR employee will disseminate any information concerning a complaint and a specific ethics process to any source, including the media, except that the Director of Rabbinic Ethics or other agent designated by the Chief Executive of the CCAR may provide such information to a designated agent of the URJ or HUC-JIR so that they may collaborate to provide support services during the ethics process (see Introduction, paragraph 3 above). Likewise, the complainant, alleged victim, rabbi, and witnesses will be expected to abide by the confidentiality of the Ethics process. Failure to abide by this obligation may be considered a failure to cooperate under Section IV of these Policies and Procedures.
- After an ethics case is concluded, if the Ethics Committee determines a rabbi violated the Code and is either censured, suspended, or expelled, a notice of that decision is publicly posted on the CCAR’s website. If a rabbi is exonerated or reprimanded, that rabbi’s name is not publicly posted (except in the case where a rabbi who is reprimanded resigns during the pendency of the ethics process and is expelled, pursuant to Section X.F of these Policies and Procedures). However, exoneration or reprimand is disclosed to the congregation and others involved in the resolution of the complaint. Except for the public posting on the CCAR’s website of a censure, suspension, or expulsion, the ethics process and documents provided to or created by the Ethics Committee remain confidential.
- The CCAR’s ethics process is not intended to take the place of the secular judicial system or interfere with any legal rights that any participant in the process may have, including recourse a participant may have through arbitration, mediation, or other dispute resolution processes. The Code of Ethics prioritizes the rights of complainants to first pursue their legal rights.
- Exception to confidentiality: possibility of imminent harm or danger
- In cases in which the complaint, if deemed potentially valid, gives rise to a reasonable concern about the possibility of imminent harm or danger to an individual, the congregation, or other entity served by the rabbi, the Chair may, after consultation with members of the EC, notify the rabbi’s supervisor or congregational president of the complaint and the pending investigation.
- In cases in which the Chair deems the rabbi to pose a risk of serious imminent harm or danger to others, the Chair, after consultation with members of the EC and CCAR Chief Executive, may notify the rabbi’s supervisor or congregational president and urge that the rabbi be removed from rabbinic functions prior to an investigation.
- Under the circumstances set forth in this subsection, the Chair will then inform the CCAR Director of Rabbinic Career Services that a complaint is pending against a rabbi and that the Chair deems that the rabbi poses a risk of serious imminent harm or danger to others. The Chair will then direct that, pending the investigation, placement shall be suspended for that rabbi. The CCAR Director of Rabbinic Career Services will notify the rabbi in writing of such suspension and the reason for the suspension.
- Upon the affirmative vote of at least two-thirds (2/3) of those EC members present and voting, notice of suspension from placement pursuant to this subsection shall be published on the CCAR website and in the CCAR newsletter.
IV. FAILURE TO COOPERATE AND IMPROPER INTERFERENCE IN THE ETHICS PROCESS
- Definition: “Failure to Cooperate” as used in these Policies and Procedures means to willfully refuse to participate in or to hinder or obstruct the ethics process, including but not limited to intimidating or seeking to improperly influence or interfere with an alleged victim, complainant, or person requested to provide information. The CCAR and the rabbis who lead and guide the ethics process expect that the rabbi who is the subject of the process will be in respectful communication with them and forthcoming on all matters, and will not interpose intermediaries or advocates who would delay or complicate this religious process. Further it is expected that the Complainant will abide by these Policies and Procedures and act in good faith in all respects.
- Improper Interference with the Ethics Process
- Anyone who is not a party to a pending ethics process may not contact any member of the Ethics Committee, Information Gathering Team, T’shuvah Counseling and Rehabilitation team, or any CCAR employee, Board member, or other CCAR volunteer, to discuss or seek to influence a pending ethics process. Such conduct shall constitute a violation of these Policies and Procedures.
- Anyone who is a party to a pending ethics process may not, directly or indirectly through agents, try to influence the outcome of an ethics process, for example, by contacting any member of the Ethics Committee, Information Gathering Team, or T’shuvah Counseling and Rehabilitation team, or any CCAR employee, Board member, or other CCAR volunteer outside of the procedures set forth in the Code. Such conduct shall constitute a violation of this Code. Notwithstanding the foregoing, this provision is not to be construed to constrict communication by the complainant, or a rabbi who is the subject of an ethics complaint, with their case manager, the EC Chair, such other EC members so designated by the EC Chair, or the Director of Rabbinic Ethics; such communication shall not constitute a violation of these Policies and Procedures, provided that it complies with the procedural provisions of this Code and the directions of the EC.
- Concurrent Civil Legal Process: A concurrent legal process which has been commenced against the rabbi which may result in delay is not a “failure to cooperate.” The EC may defer its resolution of a complaint and/or the imposition of sanctions until the legal process is completed. By contrast, a rabbi who commences a civil action against the CCAR to stop or reverse an ethics process can be considered to be failing to cooperate.
- Rabbi Resignation After Notice of Complaint: If a rabbi resigns from the CCAR at any time after the rabbi has knowledge that a complainant intends to file an ethics complaint against the rabbi or after a complaint has been filed with the EC, or before the completion of the ethics process (including the lifting of any limitations on rabbinic service, or before the completion of the T’shuvah Rehabilitation and Counseling (“TRaC”) process), that rabbi will be expelled from the CCAR.
- Actions on Failure to Cooperate: The EC may impose an immediate and/or additional penalty, including expulsion, depending on the facts and circumstances if a rabbi fails to cooperate in this process, and an appropriate remedy if a complainant or other party fails to cooperate in this process.
V. THE COMPLAINT PROCESS: FILING A COMPLAINT AND INITIAL INQUIRIES
- Anyone with knowledge of misconduct, whether or not an alleged victim, may submit a complaint against a CCAR member rabbi.
- The EC shall investigate and adjudicate complaints against CCAR members applying the substantive provisions[2] of the Code in effect at the time of the filing of the complaint.
- In the case of CCAR members serving communities outside of North America, the EC will accept cases if, in its discretion, it determines that the case warrants further investigation, based on additional considerations of practicality, seriousness of alleged violation, and efficiency. In such cases, where there exists a local rabbinic body or professional organization, the EC has the discretion to decline jurisdiction in favor of the local body.
- In the case of CCAR members who are also members of other rabbinic organizations that have an ethics process, the EC has the authority to decline jurisdiction in favor of the rabbinic organization that has the closest nexus to the alleged events.
- There is no time limitation period barring a complainant from filing a complaint with the EC or preventing the EC from investigating such alleged violations. However, the age of an alleged violation and the rabbi’s conduct in the years since may be taken into account by the EC in adjudicating the alleged violation and assessing the proper sanction.
- Complaints should be sent to the Chair of the EC. The Chair of the EC, in consultation with the EC as needed, will decide in the first instance whether the complaint does not constitute a “complaint” under the Code and will not be accepted for further consideration. Examples of a concern that do not constitute a “complaint” under this Code would be one directed at a person who is not a current or living CCAR member, or where the conduct of concern does not state a violation of the substantive provisions of the Code.
- Complaints must be written and should set forth the specific details of the misconduct, including the names of the individuals involved. However, a complainant or an alleged victim may be anonymous. For example, a third-party complainant may be anonymous, or an alleged victim’s identity may remain anonymous to the rabbi. These examples are not intended to be limiting.
- If the complainant is not ready to initiate a written complaint or wishes to withhold relevant information, the EC may advise that the complaint will not be acted upon and may, in appropriate instances, ask that the person seek advice or assistance in deciding whether to go forward with the complaint.
- Self-report: A Rabbi may self-report an ethical violation. A self-report is treated as an admission of the facts that may constitute a violation of the Code. A self-report does not limit the ability of the EC to investigate all relevant facts and circumstances and render a decision according to the Code of Ethics.
- All appropriate URJ personnel, CCAR members, and URJ congregational presidents, HUC-JIR personnel, and organizations employing CCAR rabbis should be informed of CCAR ethics procedures and instructed in how to handle inquiries about complaints. Persons receiving a potential complaint should respond compassionately but should not seek details or make judgments as to guilt or innocence. They should inform the complainant about the procedure for making a complaint and direct that person to the Chair of the EC for further information.
- Inquiries:
- An individual with concerns about the conduct of a CCAR rabbi may contact the EC Chair or a designee who will advise the individual about the CCAR’s ethics process.
- A rabbi may inquire to the EC Chair or a designee concerning a matter of ethical concern. Such inquiry does not constitute a self-report and therefore does not trigger the EC’s response to a reported ethical violation.
- Withdrawal of a Complaint: Prior to the appointment of an Information Gathering Team or commencement of the information gathering process by the Ethics Committee on its own (see VIII.C), a complainant may request that their complaint be withdrawn. The Ethics Committee will grant or deny such request and take such other actions as may be warranted.
VI. INITIAL RESPONSE BY THE EC TO A COMPLAINT
- Upon acceptance of the complaint, the EC Chair or a designee will promptly respond in writing to the complainant outlining the process of investigation and adjudication.
- If the complainant is a third party, the Chair or designee will promptly send notice of the charge, providing a copy of the complaint together with information about the pending investigation, to the alleged victim(s) prior to sending notice of the charge to the rabbi. Pursuant to Section V.G of these Policies and Procedures, at the alleged victim’s request, their identity may be anonymous to the rabbi.
- During the ethics process, the EC has the discretion to designate as “necessary parties” the rabbi’s employer, alleged victims, or other individuals or entities. Promptly after a necessary party is designated the EC will notify the complainant and the rabbi. Necessary parties will be entitled to receive and respond to certain case documents, including the Preliminary and Final Information Gathering Team Reports, and to appear before the EC prior to adjudication (see Section IX below).
- The Chair or a designee will inquire whether the alleged victim(s) has or have access to adequate support services.
VII. NOTICE TO THE RABBI
- The Chair will promptly send notice of the complaint, providing a copy of the complaint and outlining the process of investigation and adjudication, to the rabbi. When notifying a rabbi that the EC has received a complaint, the EC Chair will indicate the provision(s) of this Code of Ethics that will be the initial focus of the EC’s examination of the matter.
- The Chair will also advise the rabbi as to support programs available from the CCAR (e.g., CCAR Rapid Response Team; CCAR Special Advisors for Member Support and Counseling; Alcoholism and Addiction Response and Recovery Support; and Director of Rabbinic Education and Support Services),and ask whether they would consent to a CCAR member contacting them to provide support.
- Rabbi’s Response to Complaint: The rabbi will be instructed to respond in writing within two weeks. A copy of the rabbi’s response will be included as an exhibit to the Preliminary and Final IGT Report.
- The Chair of the EC, in their discretion, will provide notice of the complaint to the extent deemed necessary to necessary parties, keeping in mind the need to balance transparency with the protection of the parties’ privacy and reputational interests.
VIII. INFORMATION GATHERING PROCEDURES
- Appointment of Case Manager: Following the acceptance of the complaint, but no later than the appointment of an Information Gathering Team, the EC Chair will appoint a case manager from among current or former members of the EC. A case manager shall oversee the administration of the complaint through the ethics process. The case manager, if a member of the EC, will be recused from voting with respect to the case they are case managing.
- Recusal:
- A member of the EC should consider recusing from a case where their impartiality might reasonably be questioned, for example, where the member has a personal bias or prejudice concerning a party, or personal knowledge concerning the facts and circumstances of the case before the EC.
- Promptly after a complaint and the rabbi’s response is accepted by the EC, the Chair of the EC, or their designate, shall provide an opportunity to each of the parties to state any concerns they have that a member of the EC’s impartiality may be reasonably questioned, and that member should consider recusing from the case
- Any decision concerning recusal shall be made in the sole discretion of the subject EC member after conferring with the Chair of the EC.
- The case manager for a case, if a current member of the EC, shall be recused from voting with regard to that case.
- Following receipt of the complaint and the rabbi’s response, the EC will determine whether sufficient information exists for the EC to proceed to adjudication or if additional information is needed prior to adjudication. If additional information is needed, the EC will decide to form an information gathering team (“IGT”) to be appointed by the Chair of the EC, or to undertake information gathering on its own. Prior to such determination, the EC may conduct a preliminary investigation to determine the appropriate approach under the circumstances of the particular case.
- In cases not involving use of an IGT, the EC will assess the facts and circumstances without issuing an information gathering report.
- Composition of Information Gathering Teams. An IGT shall be constituted as follows: Each IGT will be composed of three members, including at a minimum one rabbi and one layperson. Depending on the circumstances of each case, in the discretion of the EC Chair, the third member will be either a rabbi or a layperson.
- Attention should be paid to gender balance and diversity when composing an IGT.
- The EC will establish a list of consultants, including psychotherapists with expertise in matters of sexual misconduct, and attorneys, who will be available to the IGTs.
- In cases assessed and investigated by an IGT, the following procedures govern:
- Contemporaneous with the orientation session held for the IGT, which will be led by the EC chair or a designee(s), the EC will provide to the IGT a copy of the complaint and the response, and all other relevant documents received by the EC.
- The IGT will meet separately with the complainant, the rabbi, and the alleged victim(s). To assure the completeness of its work, and at its sole discretion, the IGT may meet with additional knowledgeable persons. Prior to or after these meetings, the IGT may request information from the foregoing individuals or other parties relevant to the complaint and the response, including but not limited to, print or electronic documents, reports, telephone records, computer data, financial data and records, or any other tangible or intangible information.
- a. In meeting with the IGT, any person may be accompanied by no more than two other persons for support purposes only, but those persons do not participate in the meeting and may not offer advice, comment, or direction to the person or the IGT unless requested by the IGT.
- b. Record keeping: The IGT will maintain careful records of all meetings and materials and log all telephone calls.
- c. Meetings under this section of the Policies and Procedures will not be recorded by any device, except as necessary to accommodate a disability. Further, the IGT and any party may take notes or have someone who is accompanying them take notes.
IX.ISSUANCE OF THE INFORMATION GATHERING TEAM REPORTS
- The Information Gathering Team Report: As soon as possible after concluding its investigation, the IGT will issue a preliminary report in writing setting forth all pertinent information that has been gathered by the IGT, with exhibits included, and will offer the complainant, the rabbi, and any alleged victim(s) ten days for review and comment to the team.
- After receipt and consideration of any comments or concerns, the IGT shall issue its final written report, which will be provided to the EC, and to the complainant, the rabbi, and the alleged victim(s), any of whom may respond in writing within two weeks, addressing their responses directly to the EC Chair.
- The EC has the discretion to ask that the IGT gather additional information it believes is important for the resolution of the complaint, which additional information will be provided in the form of a written addendum. The issuance of the addendum will follow the same procedures as set forth above.
- Opportunity to Appear: Following its receipt of the IGT report, any addenda, and responses thereto, or upon the completion of the EC’s information gathering in cases not involving use of an IGT, prior to coming to a decision, the EC will afford the rabbi and the alleged victim(s) separate opportunities to present their cases to the EC and/or to respond to questions from the EC.
- At the discretion of the EC, these sessions may be held in person or by video conference.
- These sessions will not be recorded by any device, except that any party may take notes or have someone who is accompanying them take notes. The EC will take notes of the meeting for its own use.
- Any person appearing before the EC may have with them no more than two persons for support purposes only, but those persons do not participate in the process and may not offer advice, comment, or direction to the person or the EC unless requested by the EC.
- Both the rabbi and complainant will be informed of the request by either party for this meeting with the EC.
X. ISSUANCE OF A DECISION
- After the EC has reviewed the IGT report, and addenda, if any, and responses thereto, and the responses and presentations, if any, of the complainant, rabbi, or alleged victim(s), the EC shall render its decision.
- When deciding a disputed question of fact, the EC shall determine, based on a review of the available information, whether a certain event was, in their judgment, more likely than not to have occurred. If so, then the fact at issue is accepted as having occurred.
- Decisions of the EC should cite relevant sections of the Code of Ethics that apply to each allegation. The rationale upon which the decision is based will be clearly set forth in the decision. In each case the EC will keep a record of all aspects of the case including correspondence, pleadings, and other communications. A decision of the EC will include the date of the vote, the vote count, and the names of the EC who participated in the vote. The Chair of the EC will sign the decision.
- Once initiated, the investigation and the adjudicatory process will proceed to resolution, irrespective of the rabbi’s resigning from that rabbi’s position.
- The EC will communicate any decision (including dismissal) in writing to the complainant, the rabbi, and any alleged victim(s), including the opportunity for appeal (pursuant to Section XII below). The decision will be communicated to the appropriate authority at the synagogue or other organization where the rabbi is employed and where the rabbi was employed when the alleged conduct took place.
- Except in the case of reprimand, which is not published, notice of a disciplinary decision will be promptly published after issuance of a decision by the EC on the CCAR website and in the CCAR newsletter. However, in the case where a rabbi has been reprimanded and resigns during the pendency of the ethics process, and is thereby expelled, published notice of expulsion will include notice of reprimand (see Section IV.D of these Policies and Procedures). Publication will include the following information: the date of the Ethics Committee’s decision; reference, by paragraph number, and language from the Code specifying the provision(s) that have been violated; the time span during which the violative acts took place; the number of violative acts, to the extent discernible; and whether the decision is pending appeal. When the EC lifts the sanction, the publication notice will be removed from the CCAR website and the CCAR newsletter.
XI. ADJUDICATORY DECISIONS
The following are the possible outcomes of the adjudicatory process where the EC decides in its discretion after assessing all the facts and circumstances that discipline of a member is warranted or not under this Code of Ethics: 1) dismissal, 2) reprimand, 3) censure, 4) suspension, or 5) expulsion. All decisions of the EC require the affirmative vote of at least two-thirds (2/3) of the EC members present and voting with a minimum quorum of nine (9) regular members present and voting.
- Dismissal of a Complaint:
Where in the discretion of the EC the facts and circumstances do not sustain the complaint, the EC may dismiss it in whole or in part.- If, after decision by the EC, the complaint, as a whole, is considered to be lacking a factual basis, the EC should remain mindful of the potential damage to the rabbi’s reputation and position by the mere lodging of such a meritless complaint. The CCAR should make reasonable efforts to restore the rabbi’s good name and stature.
- If the EC finds that the complaint is lacking a factual basis and is mischievous, malicious, or vindictive, the EC will lend moral and practical support to the rabbi’s reasonable demands for an apology from the complainant, vindication before the congregation or organization, or an opportunity for placement elsewhere.
- The filing by a CCAR rabbi of a complaint that is found to be lacking a factual basis and is mischievous, malicious, or vindictive, constitutes a violation of this Code. Depending on the facts and circumstances, the EC may discipline that member by imposing a sanction without the filing of a further complaint.
- a. Prior to such decision, the EC will give written notice to the rabbi that a sanction is being considered under this section of the Code, and the rabbi will have an opportunity to present their case to the EC and/or to respond to questions from the EC.
- b. At the discretion of the EC, this meeting may be held in-person or by video conference. This meeting will not be recorded by any device, except that any party may take notes or have someone who is accompanying them take notes. The EC will take notes of the meeting for its own use.
- c. The rabbi appearing before the EC may have with them no more than two persons for support purposes only, but those persons do not participate in the process and may not offer advice, comment, or direction to the person or the EC unless requested by the EC.
- Reprimand
Definition: Reprimand is a form of admonishment communicated to a rabbi regarding an infraction of the Code that the EC has determined does not require public reporting to protect the public, maintain the integrity and honor of the rabbinate, or deter the commission of similar misconduct- Publication: Notice of reprimand is not published on the CCAR website or in the CCAR newsletter and is not provided to the CCAR Director of Rabbinic Career Services, except in the case of post-adjudication resignation during the pendency of the ethics process (see Section X.F of these Policies and Procedures).
- The EC will communicate the decision in writing to the complainant, the rabbi, and any alleged victim(s), and to the appropriate authority at the synagogue or other organization where the rabbi is employed and where the rabbi was employed when the alleged conduct took place.
- Depending upon the nature of the violation, the EC may require mentoring, counseling, or other conditions, as it deems necessary.
- Failure to fulfill the conditions of reprimand: If the rabbi fails to fulfil the conditions imposed or if the process of counseling is found by the EC not to be working, the EC may modify such conditions or take such other actions as it deems appropriate.
- Censure
Definition: Censure is a form of sanction imposed for violations of the Code more serious than those giving rise to reprimand, but not sufficient to require suspension, which the EC has determined requires public reporting to protect the public, maintain the integrity and honor of the rabbinate, or deter the commission of similar misconduct.- An order of censure will incorporate such conditions or restrictions as the EC may deem appropriate to protect those whom we serve, to prevent recurrence of the violation, and/or to foster rehabilitation of the rabbi. Such conditions might include, but are not limited to, psychological evaluation, therapy, t’shuvah-rehabilitation counseling, and some restriction of rabbinic function.
- Publication: Notice of censure (and of any subsequent modifications to the terms of such censure) will be: (1) published on the CCAR website and in the CCAR newsletter as set forth in Section X.F of these Policies and Procedures, and will set forth any restrictions on rabbinic functions; and (2) sent to the CCAR Director of Rabbinic Career Services to be placed in the rabbi’s permanent file (see Section XV Additional Provisions Concerning Notification). The EC will communicate the decision and any subsequent modifications to the terms of the censure in writing to the complainant, the rabbi, and any alleged victim(s), and to the appropriate authority at the synagogue or other organization where the rabbi is employed and where the rabbi was employed when the alleged conduct took place.
- Failure to fulfill the conditions of censure: If the rabbi fails to fulfill the conditions imposed or if the process of counseling and rehabilitation is found by the EC not to be working, the EC may, among other remedies, decide that the rabbi be further or otherwise restricted as to rabbinic functions or removed from all rabbinic functions. Notice of such further or other restrictions of rabbinic functions or removal from all rabbinic functions will be published and notice thereof will be provided in accord with the provisions of subsection 2 immediately above.
- Suspension
- Definition: The sanction of suspension is called for primarily in cases where the EC finds:
- a. A Type 1 Sexual Violation involving “the inappropriate display of sexual content” with a minor or incapacitated person as defined and referred to in Sections V.B.1 and VI.A of the Standards section of the Code.[3]
- b. The rabbi’s conduct causes significant harm to the victim(s) or institutions involved, or
- c. The rabbi fails to recognize the wrongfulness of the rabbi’s actions and to take responsibility for those actions, or
- d. The rabbi has been censured and refuses to meet with conditions of censure, or
- e. The rabbi refuses to cooperate in an EC investigation of that rabbi’s conduct or otherwise violates Section IV of these Policies and Procedures.
- f. Even in the absence of a specific complaint, in consideration of all the available facts and circumstances, the member rabbi has been charged with a misdemeanor or felony under applicable law. Notwithstanding any other provisions of this Code, the EC may recognize exceptions to this provision in cases of acts of conscience or civil disobedience.
- Publication: Notice of suspension will be published on the CCAR website and in the CCAR newsletter as set forth in Section X.F of these Policies and Procedures. Notice of suspension will be sent to the CCAR Director of Rabbinic Career Services to be placed in the rabbi’s permanent file (see Section XV Additional Provisions Concerning Notification). The EC will communicate the decision in writing to the complainant, the rabbi, and any alleged victim(s), and to the appropriate authority at the synagogue or other organization where the rabbi is employed and where the rabbi was employed when the alleged conduct took place.
- Impact on rabbinic work:
- a. Depending on the severity of the violation and other attendant circumstances, the EC may require the rabbi to take leave of all rabbinic work until rehabilitation is completed and the EC determines that the rabbi will be reinstated to full membership.
- b. Unless otherwise provided by the EC, a rabbi under suspension may not seek or accept rabbinic employment or engage in the practice of the rabbinate in any institution, including but not limited to, congregations affiliated with the URJ, the World Union for Progressive Judaism, the Israel Movement for Progressive Judaism, or in institutions associated with the Reform Movement, including but not limited to the URJ, the HUC, the Skirball Cultural Center, the Religious Action Center, and the Israel Religious Action Center.
- c. During the rehabilitation process, the EC may permit the rabbi to engage in rabbinic employment with restrictions. Any such restrictions will be: (a) published on the CCAR website and in the CCAR newsletter; (b) sent to the CCAR Director of Rabbinic Career Services to be placed in the rabbi’s permanent file (see Section XV “Additional Provisions Concerning Notification” in these Policies and Procedures); and (c) sent to the president of the rabbi’s congregation, supervisor, or employer.
- d. CCAR Membership: The rabbi will no longer enjoy the privileges of membership including but not limited to serving in positions of leadership or participating in conferences, conventions, committees, or programs of the CCAR or any of its regions. When the rabbi has complied with the rehabilitation process and been reinstated to full membership, the Director of Rabbinic Career Services will be so informed (see Section XV below), and, with the consent of the reinstated rabbi, the CCAR membership will also be informed.
- e. If the adjudicatory process results in suspension, the rabbi is required to adhere to the conditions of suspension.
- Definition: The sanction of suspension is called for primarily in cases where the EC finds:
- Expulsion
- Definition: The sanction of expulsion is reserved for the gravest offenses, repeated violations, failure to comply with conditions of censure or with conditions of suspension, or willful violation of the Section IV of these Policies and Procedures. Expulsion is mandated under the following circumstances:
- a. When a rabbi has committed a Section V, Type 2 Violation with a minor or incapacitated person as defined and referred to in Sections V.B.2 and VI.B of the Standards section of the Code. , deliberately caused the death of another person, committed rape of a person who is not a minor, or (if warranted under the facts and circumstances) committed any other offense that is a felony under applicable law. Notwithstanding any other provisions of this Code, the EC may recognize exceptions to this provision in cases of acts of conscience or civil disobedience.
- b. When a rabbi is convicted in a court of law of any felony offenses, that rabbi will be expelled even if a complaint has not been filed. Notwithstanding any other provisions of this Code, the EC may recognize exceptions to this provision in cases of acts of conscience or civil disobedience.
- c. Regardless of the outcome of any separate civil or criminal proceedings involving a rabbi, even when a criminal conviction or finding of civil liability has not been determined the EC still must adjudicate the complaint filed through this ethics process.
- d. Rabbi Resignation After Notice of Complaint: If a rabbi resigns from the CCAR at any time after the rabbi has knowledge that a complainant intends to file an ethics complaint against the rabbi or after a complaint has been filed with the EC, or before the completion of the ethics process (including the lifting of any limitations on rabbinic service, or before the completion of the TRaC process), that rabbi will be expelled from the CCAR.
- Notice of Expulsion
- a. Notice will be published on the CCAR website and in the CCAR newsletter as set forth in Section X.F of these Policies and Procedures.
- b. Notice will be sent to the CCAR Director of Rabbinic Career Services to be placed in the rabbi’s permanent file (see Section XV Additional Provisions Concerning Notification). The EC will communicate the decision in writing to the complainant, the rabbi, and any alleged victim(s), and to the appropriate authority at the synagogue or other organization where the rabbi is employed, where the rabbi was employed when the alleged conduct took place, and where the rabbi was previously employed insofar as this is reasonably practicable.
- c. In a case where the BOA reduces the EC decision to expel a rabbi to a suspension and the rabbi has complied with the rehabilitation process and has been reinstated to full membership, the Director of Rabbinic Career Services will be so informed (see Section XV), and, with the consent of the reinstated rabbi, the CCAR membership will also be informed.
- Definition: The sanction of expulsion is reserved for the gravest offenses, repeated violations, failure to comply with conditions of censure or with conditions of suspension, or willful violation of the Section IV of these Policies and Procedures. Expulsion is mandated under the following circumstances:
XII. POST-DECISION REVIEW
Introduction: The CCAR Constitution (Article V, Section 2) and By-Laws (Article VII, Section 1.a) provide for a Board of Appeals (“BOA”). The BOA may provide for its own internal operating rules provided they do not contradict the CCAR Constitution or By-Laws or any article of this Code. Such rules will be published on the CCAR website. The complainant or rabbi subject to a decision of the EC may appeal the EC’s determination only as provided below.
- The Right to Post-decision Review
- Dismissal: If the EC dismisses the complaint, in whole or in part, the complainant will have the right to appeal the decision to the BOA.
- Reprimand: The subject of a reprimand will have the right to appeal the decision of the EC to the BOA.
- Censure: The subject of a censure will have the right to appeal to the BOA the decision of the EC regarding the original censure adjudication, and any subsequent decision of the EC solely regarding removal of the rabbi from all rabbinic functions.
- Suspension: The subject of a suspension will have the right to appeal the decision of the EC to the BOA.
- Expulsion: The subject of an expulsion will have the right to appeal the decision of the EC to the BOA.
- The Standards and Scope of Post-Decision Review:
- In all appeals, the BOA gives the EC decision a presumption of correctness and its review should decide if there was any prejudicial abuse of discretion by determining (a) if the procedure was substantially fair and conformed to the CCAR Code of Ethics as well as (b) whether the decision was reasonably supported by the evidence.
- The BOA is not to engage in a new full hearing nor engage in additional fact-finding, but to rely on the factual record developed by the EC and any arguments presented to the BOA by the parties when assessing the EC’s decision. To the extent that the BOA identifies a factual deficiency in the record, the case should be returned to the EC for further action, including additional information gathering.
- Voting Requirements: All decisions of the BOA, except for the affirmance of expulsion, require a minimum vote of at least three members of the BOA. A vote affirming expulsion requires a vote of four of the five members of the BOA.
- Decisions of the BOA are final and not subject to further review or appeal.
XIII. REINSTATEMENT
Introduction: When a rabbi has been disciplined for serious breaches of this Code of Ethics, our primary concern must be the safety of the individuals and communities we serve. The possibility of reinstatement must be considered in a context where the well-being of those who come to us for guidance and teaching is paramount. While t’shuvah-rehabilitation is always possible, reinstatement to the active rabbinate may not always be possible for all who have been disciplined. T’shuvah-rehabilitation and reinstatement require a fundamental change in behavior and understanding. Rehabilitation is a precondition for reinstatement, and whenever possible it will be encouraged and guided by the EC.
- A. Requirements for Reinstatement: To be eligible for reinstatement, the rabbi must have fulfilled the following requirements:
- Unequivocal acknowledgment of responsibility for harm done to victim(s), the congregation or institution, and honor of the rabbinate, with specific violations and actions acknowledged;
- An acceptable expression of remorse to those who have been harmed;
- Demonstrated resolve never to repeat any offense of this nature;
- The making of restitution, which may include expenses incurred by the victim(s) and/or other appropriate actions as mandated by the EC.
- In order to meet the Requirements for Reinstatement outlined above, the rabbi must:
- a. Engage in T’shuvah-Rehabilitation Counseling (“TRaC”), as outlined in Section XIV below. TRaC will be provided by rabbinic colleague(s) appointed by the Chair of the EC. TRaC counselors shall meet regularly with the rabbi to supervise, guide, and monitor the rabbi’s progress.
- b. Therapy: Engage in an appropriate course of therapy or remediation by a licensed professional approved by the EC.
- c. Evaluation by Qualified Professional:
- i. Depending on the facts and circumstances of a particular case, in the discretion of the EC, when a rabbi is sanctioned, the EC may require both an intake and final evaluation by a qualified professional, other than the rabbi’s own therapist, chosen by the EC.
- ii. Both evaluations are made available to the rabbi if requested.
- iii. A summary of the evaluation is sent to the EC.
- iv. The rabbi is financially responsible for these evaluations.
- When the EC is considering whether a rabbi has met all of the requirements to be reinstated and that it may be timely to reinstate the rabbi, prior to making a decision of reinstatement, the EC will send notice in writing to the complainant(s) and the victim(s). The EC will give consideration to the comments if any received in response to such a notification prior to making a decision of reinstatement.
- The decision to reinstate a sanctioned rabbi will require a recommendation of the TRaC counselor (where there is one counselor) or, in the case of a TRaC Team (whether comprised of two or three counselors), by at least two (2) of the TRaC Team counselors, a positive assessment by the professionals involved, and a decision by affirmative vote of at least two-thirds (2/3) of the EC.
- Reinstatement is subject to any conditions the EC may impose. Such conditions shall be: (a) published on the CCAR website and in the CCAR newsletter; (b) sent to the CCAR Director of Rabbinic Career Services to be placed in the rabbi’s permanent file (see Section XV Additional Provisions Concerning Notification); and (c) reported to the president of the rabbi’s congregation, to the rabbi’s supervisor, or to the rabbi’s employer.
- Notice that sanctions have been lifted will be communicated in writing to the rabbi, the complainant(s), and the victim(s) by the Chair of the EC.
- Once reinstated to full membership, the rabbi may make use of the CCAR placement process. The Director of Rabbinic Career Services will inform congregations considering the engagement of the rabbi of past complaints concerning the rabbi and of the rehabilitation that has been completed in accordance with the procedures described in Section XV (“Additional Provisions Concerning Notification”).
- As a condition of reinstatement into the system of placement, depending on the facts and circumstances of a particular case, in the discretion of the EC, the EC may require that the rabbi continue meeting with TRaC counselors for a time period set by the EC. When a rabbi has been suspended or expelled, and when suspension has been lifted, or where expulsion has been changed to suspension, notification will be published in the CCAR newsletter at the discretion of the rabbi.
XIV. ETHICAL T’SHUVAH-REHABILITATION COUNSELING
T’shuvah counselors are tasked to supervise, guide, and monitor the rabbi toward t’shuvah-rehabilitation. The core of the process is for the healing and growth of the rabbi, beginning with an awareness of the reality of what the rabbi has done and its impact on others. Awareness of the rabbi as an ethical role model and as one who must exemplify holiness should be emphasized. Depending on the facts and circumstances of a particular case, in the discretion of the EC, a single counselor or a team of up to three counselors may be appointed.
- A. T’shuvah-Rehabilitation Counseling Team (the “TRaC Team”)
- The TRaC Team will be composed of at least two, ideally three, rabbis (“counselors”).
- TRaC Team counselors are appointed by the Chair of the EC.
- The EC will provide an orientation for the TRaC Team, based on the circumstances of the case.
- The TRaC Team will remain in continuous contact with the Chair of the EC and submit written reports following each session with the rabbi.
- New Charges: If a new charge is brought forward before the EC while a colleague is in t’shuvah-rehabilitation counseling, the Chair of the EC will notify the TRaC Team in writing.
- B. Responsibilities of TRaC Counselors/Team
- In order to serve effectively as a TRaC counselor:
- a. It is important to maintain appropriate objectivity and confidentiality.
- b. The role of the TRaC counselor is not to be an advocate for the rabbi.
- In conjunction with the Chair of the EC, TRaC counselors are responsible for helping the rabbi meet the requirements for reinstatement (see Section XIII above).
The TRaC Team should strive to meet with the rabbi at least every four to six (4–6) weeks.
- In order to serve effectively as a TRaC counselor:
XV. ADDITIONAL PROVISIONS CONCERNING NOTIFICATION
- A. The CCAR, through the CCAR Senior Staff and in coordination with the Chair of the EC, will carefully maintain a section of the publicly accessible CCAR website dealing with the Ethics Code, and will publish information concerning specific ethics proceedings in accord with the provisions of this Code.
- B. Information communicated in writing from the EC to the Director of Rabbinic Career Services will include at least the following:
- The fact that the rabbi was censured, suspended, or expelled on a particular date.
- The general category and nature of the violation, and whether it involved minors and/or incapacitated adults.
- The nature and length of the process of t’shuvah-rehabilitation.
- One of the following: (i) that the rabbi is not eligible for placement, or (ii) the date of reinstatement by the BOA or EC, or (iii) that the process is still ongoing but that the rabbi has been made eligible for placement.
- C. A written statement from the EC affirming that a rabbi who has been suspended, censured, or expelled has now been reinstated should be retained in the files of:
- The Director of Rabbinic Career Services.
- The current EC Chair.
- The Chief Executive of the CCAR.
- D. When a congregational rabbi selection committee or other prospective employer decides to invite a candidate eligible for placement for an interview, the Director of Rabbinic Career Services will in writing communicate to the committee or prospective employer, with a copy to the rabbi, the information contained in the written report from the EC to the Director or Rabbinic Career Services described in this section XV.A above. If a congregation or other prospective employer asks the Chair of the EC for additional information about the candidate, the EC Chair should ask the congregation or prospective employer to request a letter from the candidate authorizing the EC Chair to provide such information.
- E. In case of adjudication in a single non-criminal infraction, after an extended period of time, the Director of Rabbinic Career Services, in consultation with the legal counsel of the CCAR, the Chair of the EC, and the Chief Executive of the CCAR, may refrain from communicating regarding the non-criminal infraction to the search committee of a prospective employer.
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[1] The following abbreviations are used throughout these Policies and Procedures:
- Board of Appeals (“BOA”)
- Central Conference of American Rabbis (“CCAR”)
- Ethics Committee (“EC”)
- Hebrew Union College-Jewish Institute of Religion (“HUC-JIR”)
- Information Gathering Team (“IGT”)
- T’shuvah Counseling and Rehabilitation (“TRaC”)
- Union for Reform Judaism (“URJ”)
[2] A “substantive” provision identifies a Code violation and the sanction for a violation. In contrast, a “procedural” provision sets forth the practices and procedures that are applied during the ethics process.
[3] This refers both to “minors” – those persons 18 years of age and younger for whom the civil law and our traditions provide additional protections and who lack the ability to give valid consent and to those adults who, by virtue of mental or physical condition, lack the ability to consent or resist the advances of others.