The CCAR Ethics Committee respectfully submits this annual report for the calendar year January–December 2023.
Background
The ethics process is comprised of four phases: intake, investigation, adjudication, and post-adjudication.
When an ethics complaint is received, the Chair of the Ethics Committee, in consultation with the Ethics Committee (EC) as needed, decides in the first instance whether the complaint constitutes a “complaint” under the Code and should be accepted for further consideration. If the complaint, with sufficient detail, alleges conduct that, if true, would constitute a potential violation of the Code of Ethics, it is accepted for consideration and sent to the rabbi who is the subject of the complaint. After the rabbi responds in writing to the complaint, either a three-person Information Gathering Team, consisting of two rabbis and one lay leader with specific expertise relevant to the case, or a subcommittee of the EC, will investigate the relevant facts and circumstances. On an as-needed basis, the investigation is supported by outside experts in a field(s) related to the case.
Following its investigation, the Information Gathering Team issues a written report, after receiving and incorporating comments from the parties, that is sent to the Ethics Committee. After the complainant and the rabbi are given the opportunity to meet individually with the EC, the EC carefully reviews all documents submitted in the case, meets to deliberate, and issues a written decision setting forth either that the complaint in whole or in part is dismissed, or that the rabbi should be reprimanded, censured, suspended, or expelled. Where a decision imposes discipline, and after any appeals are heard and resolved before the CCAR’s Board of Appeals, if the decision is upheld, the rabbi then engages in the T’shuvah Rehabilitation and Counseling (TRaC) process in which either a single mentor or a three-member rabbinic team works with the rabbi to meet the requirements of that process: 1) unequivocal acknowledgement of responsibility for the harm done; 2) an acceptable expression of remorse to those who have been harmed; 3) demonstrated resolve never to repeat the offense; and 4) the making of restitution, where appropriate. Upon successful completion of the TRaC process, the rabbi’s adjudication is lifted and the rabbi is fully reinstated as a member in good standing of the CCAR. Each of the steps described here is detailed in the Code.
Case Overview
In 2023, the Ethics Committee handled thirty cases that were in at least one stage of the ethics process, from the filing of a complaint through TRaC. (In comparison, this is 20 percent (or five) more cases than in 2022.)
We received twenty-nine inquiries from individuals who considered filing complaints. As part of the intake process, the CCAR’s Ethics Advisor for Inquiries and Complaint Intake, Cara Raich, offers to meet via Zoom with potential complainants to orient them to the ethics process. In 2023, forty-seven meetings were held with potential complainants (some potential complainants asked to meet more than once). Over the course of the year, the EC received seventeen written complaints. Seven of these complaints were not accepted for further consideration as they did not state a claim under the Code or did not concern a CCAR rabbi. Of the ten complaints that were accepted, the following violations of the Code were alleged (in most instances, complaints allege more than one Code violation):
- I.A. (family)—1 case
- I.B. (bullying/intimidation/retaliation)—9 cases
- I.B. (sexual misconduct)—3 cases
- I.C. (financial)—3 cases
- I.D. (plagiarism)—2 cases
- I.E. (rabbinic commitment)—1 case
- II.B.2 (rabbi emeritus)—1 case
- II.C (relationships between rabbis in different communities)—1 case
- II.C.5 (soliciting members)—1 case
- III. (confidentiality)—1 case
- V. (sexual boundaries, Type 1)—3 cases
- V. (sexual boundaries, breach of committed relationship)—2 cases
- V. (sexual boundaries, Type 2)—3 cases
In addition to inquiries from those who considered filing an ethics complaint, the ethics process encourages CCAR rabbis to confer confidentially with the chair of the ethics committee with respect to any concerns they may have about their own ethical conduct or that of colleagues. In 2023, the EC responded to forty-two inquiries from rabbis, usually with a Zoom consultation.
The most intensive aspect of the ethics process is the information gathering process. In 2023, eleven Information Gathering Teams were active with four final reports issued.
Following investigations, the EC issued twelve decisions: three dismissals, one reprimand, six censures, one suspension, and one expulsion. The decisions found that rabbis committed the following violations of the Code (in most instances, decisions found more than one violation):
- I.B. (bullying/intimidation)—5 cases
- I.B. (sexual misconduct)—2 cases
- I.C. (financial)—1 case
- I.D. (plagiarism)—1 case
- II.B.1(a.)(b.)(f.)(Rabbi-Assistant/Associate Rabbi)—1 case
- IV.C. (Gerut)—1 case
- V. (sexual boundaries, breach of committed relationship)—1 case
- V. (sexual boundaries, power differential)—2 cases
- V. (sexual boundaries, Type 2)—1 case
- VII.M. (failure to cooperate)—1 case
In addition to disciplinary decisions, during the ethics process the EC is called upon to issue a wide range of other written decisions. For example, in 2023, the EC found in four cases that a rabbi had satisfied the requirements of the TRaC process and lifted the sanction; lifted a condition of censure in one case; denied reconsideration of the dismissal of the case in two cases; and found that one complaint was unfounded and malicious under Section X of the Code.
Post-Adjudication
In 2023, ten rabbis were engaged in the TRaC mentoring process, which supports rabbis in the T’shuvah process. In two cases, after issuance of decisions finding a violation and imposing discipline, the rabbis, rather than appeal the decision or engage in the TRaC process, resigned from the CCAR, which resulted in an automatic expulsion from the CCAR.
One rabbi appealed a decision to the Board of Appeals, which affirmed the EC’s decision finding Code violations.
In two cases, complainants requested reconsideration of a decision that either dismissed a complaint in its entirety or in part. Requests for reconsideration are brought before the EC. In both cases, the EC’s decision was affirmed.
Communities Impacted
The Code applies to CCAR rabbis wherever they may be working. This year, decisions were rendered concerning eleven rabbis in synagogue settings and one rabbi serving in a non-synagogue setting.
Ethics Education
The Ethics Committee annually provides educational opportunities for rabbis and HUC-JIR rabbinical students to learn about the Code and the ethics process. In 2023, two webinars were held as part of the CCAR’s Continuing Rabbinic Education program. Also, via Zoom, the EC chair and the director of rabbinic ethics provided an overview of the Code for each senior class at each of HUC-JIR’s North American campuses, and a member of the EC, Darcie Crystal, taught students at the New York campus about ethical boundary violations that may arise within the context of pastoral care and counseling.
Volunteers and Staff
The work of the Ethics Committee could not be accomplished without the remarkable dedication and contributions of the volunteer EC members, Information Gathering Teams, and TRaC mentors. As well, the EC’s work relies on the support and collaboration with the Ethics Process Review Committee, which makes proposals for revisions to the Code voted on by the CCAR membership; the Ethics Task Force, which just completed its mission this summer by recommending a broad series of improvements to the ethics process; and the Board of Appeals, which hears appeals of the EC’s decisions.
Altogether in 2023, one hundred rabbis and lay leaders volunteered to support the CCAR’s ethics work:
- Ethics Committee: Ana Bonnheim, Chair; Michael Friedman, Vice-Chair; Loren Filson Lapidus, Chair-Elect—15 members (14 rabbis, 1 lay leader)
- Information Gathering Teams—30 members
- TRaC Teams/Mentors—19 members
- Ethics Process Review Committee: Tom Alpert, Chair—14 members
- Board of Appeals: Nicole Auerbach, Chair—7 members
- Ethics Task Force: Nicki Greninger and Amy Schwartzman, Co-Chairs—12 members and 3 ex-officio
The work of the Ethics Committee is supported by two dedicated staff positions:
- David Kasakove, Esq., Director of Rabbinic Ethics
- Cara Raich, LL.B, Ethics Advisor, Inquiries and Complaint Intake
In addition, Rabbi Hara Person, Chief Executive, serves in an ex-officio capacity, and the CCAR provides essential administrative and management support to the EC. The EC’s work is supported by consultants and training through a grant from the SRE Network. Legal Services are provided on an as-needed basis by Mark Chopko, Esq., Chair, Nonprofit & Religious Organizations, Stradley Ronon Stevens & Young LLP, and other consultants as necessary.
Respectfully submitted,
Rabbi Ana Bonnheim, Chair
CCAR Ethics Committee
David Kasakove, Esq.
CCAR Director of Rabbinic Ethics