Va'ad HaKavod Procedures

Va’ad HaKavod (Ethics Committee) Procedures

Overview of Va’ad HaKavod/Ethics Committee Complaint Review and Resolution Procedures

A graphic outline with an overview of the complaint review process can be viewed here.

Introduction

The Complaint Review and Resolution Procedure outlines the standard steps followed by the Va’ad HaKavod (VHK) in addressing complaints of violations of the Rabbinical Assembly’s (RA) Code of Professional Conduct. These procedures ensure fidelity to a clear, transparent, and consistent process. Recognizing that no two cases are exactly the same, the VHK works to address every case’s unique circumstances and concerns. If the VHK believes a deviation from the standard procedure is appropriate in a given case, the RA Ethics Coordinator will inform the complainant and respondent of the change and its rationale.

The Va’ad HaKavod takes all complaints seriously and listens to the voices of all individuals throughout the complaint review process. If you believe a member of the Rabbinical Assembly has violated the RA Code of Professional Conduct, we want to hear from you.

It takes courage for both complainants and respondents to engage in the Va’ad HaKavod process. Submitting a complaint or being the subject of a complaint can be emotionally trying. Throughout the process, the VHK works to create a space of trust where everyone can speak openly and be heard.

Transparency about the process is crucial, for both complainants and respondents. The RA Ethics Coordinator is the complainant’s and respondent’s main point of contact for communicating with the VHK prior to the start of the complaint review process, and is available throughout the process to address any concerns or questions that arise. Once a complaint review begins, complainants and respondents will also communicate with the members of the VHK assigned to conduct the complaint review.

During the review process, the VHK rabbis are joined by relevant expert consultants who have specialized training, licensure, or certification in their field and have worked extensively in the relevant area. Given the sensitive and complex nature of many complaints, it is imperative that the rabbis on the VHK are guided by these consultants, who add to the rabbis’ understanding of the issues at stake in each complaint. This helps ensure a responsible outcome.

The VHK does its best to resolve complaints in a timely manner. The Ethics Coordinator provides an expected timeline at the outset and updates complainants and respondents throughout the process, though the time it takes for complaints to reach resolution differs depending on the nature of the complaint and how quickly the individuals respond.

Va’ad HaKavod (Ethics Committee) Overview

What is the Va’ad HaKavod (Ethics Committee) and what is its purpose?

The Va’ad Hakavod (VHK) is a standing committee of the Rabbinical Assembly (RA) that is responsible for upholding the RA’s established standards and ensuring that RA members comply with the Code of Professional Conduct, thus safeguarding the individuals and communities that members serve.

The VHK is a peer ethics body tasked with reviewing and acting on complaints of violations of the RA Code of Conduct. When necessary, it takes action to ensure that RA members are held accountable for failing to uphold the established standards. In addition, the VHK supports education, understanding, and compliance with the Code by rabbis and their constituents.

The Va’ad HaKavod is not a legal investigative body. It is a peer review committee of volunteer RA members appointed by the RA president, and it consults with outside experts as needed. It is an internal body of the RA and only addresses complaints of misconduct regarding RA members. It does not have authority over rabbis who are not members of the RA.

How does the Va’ad HaKavod fulfill its responsibilities?

The Va’ad HaKavod carries out its responsibilities by:

Establishing processes and protocols that support the submitting and handling of ethics complaints.
Thoroughly reviewing and acting on complaints of ethics violations about RA members.
Making determinations and, if a Code violation is found to have occurred, recommending and implementing appropriate consequences (depending on the nature and severity of the violation).
Serving as a resource to RA members and their constituents who have questions about the ethical standards outlined in the Code of Conduct.
Providing recommendations to the RA about resources that can support RA members’ understanding of their ethical obligations

What training do members of the Va’ad HaKavod receive?

Members of the Va’ad HaKavod engage in regular training, beginning with an orientation when they are first appointed to serve. In addition, the VHK meets annually for a two-day training retreat, led by experts in the field, which is focused on various areas of VHK practice. Ongoing training is also an important part of the VHK’s regular monthly meetings. Training topics include: information collection and interview strategies, trauma-informed perspectives on interpersonal and institutional harm, record keeping, confidentiality, and more.

As part of its regular practices, the VHK consults with outside experts as needed throughout the course of their work.

What is the RA Code of Conduct?

The RA Code of Professional Conduct sets standards for rabbinic conduct. It serves as a public statement of the ethical standards of rabbinic practice that promote safety, trust, and integrity. RA members commit to uphold these ethical standards as individuals and as a collective, in order to safeguard the individuals and communities they serve.

The RA Code of Conduct guides RA members in fulfilling their commitment to uphold the sanctity and reputation of the rabbinate. It provides positive recommendations and examples of effective practices, taking into account the variety of settings where rabbis serve.

Click here to review the Code: PDF in English, Hebrew, and Spanish; English by section.

How is the Code of Conduct used by the Va’ad HaKavod?

The Va’ad HaKavod holds RA members accountable to the high expectations of ethical conduct set forth in the Code. The VHK evaluates submitted complaints, guided by the Code’s standards.

Who is involved in the Va’ad HaKavod processes?

The individuals involved are (1) those submitting and those named in a complaint, (2) the RA’s Va’ad HaKavod, working together with the Ethics Coordinator and Executive Council, (3) any outside consultants who may be brought in, and (4) individuals interviewed during the course of the complaint review process.

Complainant: A person who submits a formal complaint to the Rabbinical Assembly about a potential Code violation by an RA member. The individual who submits the complaint does not need to be the person who directly experienced or witnessed the behavior.

Respondent: A member of the Rabbinical Assembly who is the subject of a complaint of a potential Code of Conduct violation.

Ethics Coordinator: The RA employee who serves as the first point of contact for the Complainant. Throughout the complaint review process, the Ethics Coordinator provides administrative support to the VHK and monitors for compliance with RA procedures. After a determination has been reached, the Ethics Coordinator monitors compliance with any Accountability Plans implemented. The Ethics Coordinator is not a rabbi nor a member of the Rabbinical Assembly.

Va’ad HaKavod – Full Committee: The RA committee charged with safeguarding individuals and communities served by the rabbis of the RA, and upholding the sanctity and integrity of the rabbinate.

The Chair of the Va’ad HaKavod guides all aspects of the VHK and also serves as the liaison to RA leadership on issues relating to the VHK, including recommendations about a change of membership status for an RA member. Throughout the complaint review process, the chair monitors compliance with VHK protocols. The VHK chair is also available to respond to questions regarding the Code of Conduct.
The Professional Liaison to the VHK is a member of the RA staff who oversees the policies and procedures guiding the work of the VHK, and collaborates with the VHK chair and Ethics Coordinator regarding intake and case management.

Va’ad HaKavod – Panel: A group of three VHK committee members and one or more outside experts tasked with a specific complaint review. They must not have a prior relationship with any of the individuals that could be considered a conflict of interest. If it is not possible to create a panel from the members of the VHK (for example, because of conflicts of interest or language needs), another member of the RA may be asked to sit on a panel.

The VHK Panel Chair is tasked with leading the complaint review process, and (together with the Ethics Coordinator and VHK chair) is responsible for the timely unfolding of the process and compliance with all relevant protocols. Panel chairs serve as the lead in meetings with all individuals during the complaint review process, and in the documentation and communication of the panel’s final determination.

Executive Council: The elected trustees of the RA; they approve appointments to the VHK and they also vote on determinations of the VHK when there is a recommendation for a change to a respondent’s membership status (i.e., suspension or expulsion from the RA, and reinstatement of RA membership status). Membership status changes can only be approved by a vote of the Executive Council.

Outside Consultants: Professionals with expertise in an area relevant to a complaint appointed to serve as expert advisors to the VHK Panel, throughout the complaint review process. Outside experts have specialized training, licensure, or certification in their field, as well as extensive experience with the subject matter on which they are brought in to consult.

Why does the RA have rabbis review complaints and make decisions about their own peers and colleagues (other rabbis)?

The Va’ad HaKavod process is designed as a peer process and not a legal process. A peer ethics body can hold itself to higher standards than those developed by other bodies. Experienced VHK rabbis hold member rabbis accountable to ethical behaviors, as set forth in the Code of Conduct. They also strive to create a fair and equitable process for all individuals involved.

How are conflicts of interest addressed?

The RA is a relatively small organization and many members have close relationships with one another. Given the sensitive nature of the complaint review process, it is imperative to maintain impartiality by addressing any potential or perceived bias.

Every complaint review process begins with members of the VHK completing a conflict-of-interest questionnaire, to determine if recusal may be warranted. This allows members of the VHK to disclose any close personal, professional, or financial relationships with either the complainant or respondent. Responses to the questionnaire are reviewed by the VHK chair to determine who should be recused from a given case.

If a recused committee member has information relevant to the complaint, the VHK member can and should state this on the conflict-of-interest questionnaire, and may be asked to provide that information to the panel during the complaint review process.

Those recused may not participate in or observe the VHK deliberations and they may not vote on the case. When the RA’s Executive Council is to vote on a recommendation of the VHK, the recusal process is repeated within that body in advance of the presentation or vote.

Contacting the Va'ad HaKavod with Questions or Complaints

Who do I contact if I have a question about a potential ethics violation by an RA rabbi?

The Ethics Coordinator is a trained professional staff member who is designated to speak to individuals who contact the RA about potential ethics violations. Anyone with questions about a potential ethics violation is encouraged to contact the Ethics Coordinator.

The Ethics Coordinator is available to:

Respond to questions regarding the RA Code of Conduct.
Answer questions about how to submit a complaint of a possible Code violation.
Explain the process of submitting a complaint and the steps that follow the submitting of a complaint, including describing the role of the Va’ad HaKavod.
Explore what support the complainant may want or need during the VHK process, and refer to resources as appropriate.

The Ethics Coordinator is not a rabbi and is not a member of the Rabbinical Assembly.

The content of inquiries will remain confidential until an individual gives the Ethics Coordinator permission to share. However, in cases of possible immediate harm to self or others, mandated reporting per the RA Code of Conduct is required and will be upheld. In addition, when there is a concern of harm to self or others, the Ethics Coordinator and VHK chair may need to report to third parties at any stage of the process.

RA members as well as members of the public are encouraged to contact the Ethics Coordinator, the VHK chair(s), or the RA Professional Liaison to the VHK with any questions about the Code of Conduct. They can all be reached at the VHK email address.

Who do I contact if I have questions about the Code of Conduct?

Questions of ethics are initially addressed by the Ethics Coordinator. Questions relating to matters of Jewish law and RA member obligations are initially addressed by the chair of the VHK.

What kinds of complaints does the Va’ad HaKavod address?

The Va’ad HaKavod reviews and addresses complaints related to violations of the RA’s Code of Conduct by members of the RA.

The Va’ad HaKavod does not handle civil claims or criminal disputes between an individual and a rabbi. For cases involving litigation or outside investigations (please see What happens in the case of other investigations?)

The RA Ethics Coordinator is trained to provide guidance and advice, and to help those coming forward with a complaint to determine the most appropriate path to address their concern. The following resources may also be useful in finding appropriate support for a variety of concerns, particularly when there is an urgent need.

For matters that do not relate to the Code of Conduct (such as job performance), those with concerns should reach out directly to the rabbi’s supervisor(s) or employer(s) so that such matters can be appropriately addressed.

What happens when there are discrepancies between a rabbi’s workplace requirements and the RA Code of Conduct, or local practices and the Code?

Rabbis work in many diverse professional settings and are faced with many complex situations; it is not possible to create a Code of Conduct that accounts for every possible circumstance. Likewise, the Code’s standards may at times be in conflict with standards of other regional and professional association guidelines. RA members are always subject to the rules of their own employers, as well as local law.

RA members should reach out to the Ethics Coordinator or to the Va’ad HaKavod for support in navigating complex moments of practice, and in cases of conflict between the RA Code of Conduct and other rules or regulations.

What are the steps of the Va’ad HaKavod Complaint Review process?

The complaint review process consists of:

Complaint Intake
Complaint Review
Determination and Recommendation
Accountability

Complaint Intake

Who can submit a complaint about an RA member to the Va’ad HaKavod?

Any individual can bring a concern about a possible ethics violation by one of its members to the attention of the RA. The person submitting the complaint does not have to have experienced the behavior directly. Those who have witnessed misconduct or who have learned about it another way are also encouraged to submit a complaint.

Someone who formally submits a complaint to the RA about an ethics violation is referred to as the complainant. The RA member named in the complaint is referred to as the respondent.

If someone considering submitting a complaint is uncertain whether the subject of a complaint is a member of the RA, the Ethics Coordinator can verify their membership status.

How are ethics complaints submitted to the Va’ad HaKavod?

Complaints are submitted to the VHK in writing using the Ethics Violation Complaint Form, which is then reviewed by the Ethics Coordinator and the VHK chair(s).

When necessary, complaints may also be submitted orally to the Ethics Coordinator. (Please use this email to schedule an appointment to speak to the Ethics Coordinator.) In such cases, the Ethics Coordinator will draft the complaint based on the information provided by the complainant. The Ethics Coordinator will compose a written summary of the oral complaint, which will be shared with the complainant for review before it is formally shared with the Va’ad HaKavod and the respondent.

What happens after an ethics complaint is submitted?

The Va’ad HaKavod has established trauma-informed practices to communicate with complainants after a complaint is submitted. The RA’s Ethics Coordinator, a trained professional staff member, is designated to speak to individuals who submit a complaint. The Ethics Coordinator serves as the complainant's primary contact prior to the start of the Va’ad HaKavod’s formal review of the complaint. (When a review commences, complainants will also interact with members of the VHK.) The Ethics Coordinator is neither a rabbi nor an RA member, to prevent potential bias.

The Ethics Coordinator will share the complaint with the chair(s) of the Va’ad HaKavod. The complaint is reviewed to confirm that the rabbi named in the complaint is a member of the RA and that the complaint includes a potential violation of the RA Code of Conduct. See the section below: What criteria are used to determine if a complaint should be advanced to the complaint review process?
The Ethics Coordinator will also meet with the complainant to explain the VHK’s process for reviewing complaints.
If the complainant decides to move forward, then the Ethics Coordinator and the VHK chair(s) will meet with the respondent to let them know that a complaint has been made about them, and to ensure that they understand the non-retaliation and cooperation requirements. Following this conversation, the Ethics Coordinator and the VHK chair(s) will then share the written complaint with the respondent.
After the initial meetings with both the complainant and the respondent, the VHK re-evaluates the complaint and response to determine if further information is necessary.

At times, the Ethics Coordinator will prepare a summary of the complaint for the VHK and respondent. In such cases, the complainant will review the summary before it is forwarded to the respondent. The VHK panel assigned to conduct the complaint review will receive both the full complaint and the summary.

The content of the complaint remains confidential until the individual submitting the complaint gives the Ethics Coordinator permission to share the complaint. However, in cases of possible immediate harm to self or others, mandated reporting per the RA Code of Conduct is required and will be upheld. In addition, when there is a concern of harm to self or others, the Ethics Coordinator and VHK chair may need to report to third parties at any stage of the process.

What criteria are used to determine if a submitted complaint should be advanced to the review process?

The Ethics Coordinator and the Va’ad HaKavod chair(s) use the following questions to determine if a complaint should be advanced to the VHK:

Is the rabbi named in the complaint a member of the Rabbinical Assembly?
If the VHK finds that the behavior in the complaint did in fact occur, would that behavior violate the Code?

A complaint moves forward when both questions 1 and 2 are answered in the affirmative.

What happens if a complaint is not advanced to the Va’ad HaKavod’s review process?

Complainants are informed by the Ethics Coordinator if a complaint is not advanced to the complaint review process. The Ethics Coordinator will provide resources of support if appropriate, or other avenues to help address the concern. A copy of the complaint is kept on file.

How are complainants protected from retaliation after submitting a complaint?

Retaliation is defined as imposing or threatening to impose adverse action against an individual or institution for submitting a complaint, assisting in the investigation of, or otherwise taking action to identify or address prohibited behavior by an RA member. This is either in response to submitting a complaint of a Code violation to the VHK or the workplace responding to such a report, or attempting in any way to deter someone from reporting a possible Code or workplace violation in the future.

The RA Code of Conduct has a very clear policy against retaliation by respondents against complainants. Retaliation against an individual or institution is itself a violation of the RA Code of Conduct, and a report of retaliation may result either in its own consequences or in further consequences to violation of the original reported offense.

It is crucial that people are able to submit complaints of possible violations of the Code without fear of retaliation. Those who come forward to submit a complaint against a rabbi often do so with a lot of trepidation and anxiety, given the role that rabbis play in communities. If an individual makes a complaint in good faith but the VHK finds that no violation occurred, the VHK policy against retaliation continues to apply.

Can someone submit a complaint anonymously?

Complaints are submitted to the VHK email address that is monitored by the Ethics Coordinator, the VHK chair(s), and the RA Professional Liaison to the VHK.

We recognize that some individuals may want to submit a complaint without revealing their identity to the respondent named in the complaint. Therefore, the Va’ad HaKavod provides anonymity to complainants, when requested, to encourage reporting of misconduct. In addition, there may be times when a complainant does not want their identity revealed to anyone involved in the RA Ethics Process, and the VHK will accept such complaints.

However, it is important to note that submitting an anonymous complaint limits the Va’ad HaKavod’s ability to pursue a thorough complaint review process. The VHK may not be able to come to a finding in cases of anonymous complaints. The VHK is not able to inquire into vague or broad statements of misconduct.

The review process is the same for an anonymous complaint as for those with named complainants, until such time as the Va’ad HaKavod finds that they cannot continue the review process without revealing identifying information. At that point the VHK will request permission from the complainant to reveal their identity. If such permission is not granted, the process will likely need to terminate before reaching a determination.

When a complainant has requested anonymity, the respondent will be given non-identifying information about the complainant (for example, whether it is an employee, a congregant, or a board member in the organization). The Va’ad HaKavod makes every effort to hold the identity of the complainant in confidence, when so requested, when sharing the substance of the complaint with the respondent.

How are RA members informed of a complaint that names them?

The Va’ad HaKavod has established trauma-informed practices to alert an RA member when a complaint about their conduct has been submitted to the VHK.

The chair of the Va’ad HaKavod and Ethics Coordinator jointly email the member to inform them that a complaint review process has begun, and to schedule a conversation within the next week. Email is used to allow the member to prepare for the meeting and to have it in a private setting, rather than catching them off guard by a phone call or detailed email.

At the meeting, the respondent is informed of the complaint, including:

The area(s) of the Code involved in the complaint.
The name of the complainant (except in the case of anonymous complaints, where the complainant's name is not shared, although other non-identifying information may be shared).
The respondent's responsibilities during the process, including the non-retaliation and cooperation requirements.
The fact that during the first thirty days of a complaint review there is an immediate cessation of member privileges (and a panel may choose to extend this period for the entirety of the complaint review process).

Following the meeting, the Ethics Coordinator sends the respondent a written communication with a summary of the steps in the process described in the meeting, along with the written complaint or summary that is forming the basis of the review process. Respondents are encouraged to tell employers and family members about the complaint.

Where mandated reporting is required, reporting to the relevant authorities happens as soon as possible after the submission of the complaint and is not optional. In addition, when there is a concern of harm to self or others, the Ethics Coordinator and VHK chair may need to report to third parties at any stage of the process. These concerns may fall beyond the requirements of mandated reporting, but they do fall within the VHK’s responsibility to the community.

Third parties may include employers, family members, and affiliated or adjacent organizations, depending on the potential violation(s) raised in the complaint.

Do RA members named in a complaint have the opportunity to respond?

Respondents are given the opportunity to respond to the Va’ad HaKavod in writing within ten days of their first meeting with the VHK chair(s) and the Ethics Coordinator. Alternatively, they may choose to wait until the panel meeting to respond orally to the complaint.

Respondents do not respond directly to complainants. Respondents and complainants are generally not permitted to be in contact with one another throughout the duration of the complaint review process, except where it is necessary for fulfilling one's job or familial responsibilities.

Do complainants and respondents interact with one another throughout the VHK complaints review process?

Complainants and respondents are never brought into conversation with each other during the complaint review process. Moreover, they are not permitted to be in contact with one another throughout the process, except where it is necessary for fulfilling one's job or familial responsibilities. (If absolutely necessary, for example in a work situation, the interactions should be brief and cordial.)

Following a determination by the Va’ad HaKavod, the individuals may choose to engage in a process of apology or restoration outside of the VHK process. While this can sometimes bring about healing and closure, it requires the agreement of both individuals, and is not appropriate for every case. Those who choose to engage in such a process are encouraged to do so with the guidance of professional facilitators or mediators.

What happens if other related investigations are taking place when a complaint is made?

In cases of other investigations (such as pending litigation or workplace investigations of misconduct, which may include bringing in investigators from outside the workplace setting), the Va'ad HaKavod has the following discretion:

Recommend to the RA Executive Council immediate provisional suspension of an RA member, prior to the VHK undertaking its own complaint review process. Suspension is a public sanction that is posted on the RA website and has immediate implications for the cessation of rabbinic career search and RA member privileges. It requires the approval of the Executive Council.
Impose immediate provisional probation of the RA member. Probation is a private sanction that has immediate implications for rabbinic career search and limits participation in RA membership privileges. It does not require the approval of the Executive Council as it is not a public suspension of membership standing.

In cases of other investigations, the VHK may decide either to conduct its own concurrent inquiry, or to wait until the other investigation has concluded before proceeding with its complaint review process, especially if it determines that the concurrent VHK complaint review could negatively interfere with the other investigation. In particular, the VHK pauses reviews of complaints when it learns of an investigation by a law enforcement agency, in order to allow that work to conclude. The Ethics Coordinator will track and monitor these investigations.

Are there any circumstances in which the Va’ad HaKavod will launch an inquiry or recommend a membership status change without a complaint being submitted?

Yes. When the media reports on actions of RA members that constitute violations of the Code of Conduct that the VHK was unaware of, the Va'ad HaKavod has the discretion to initiate a VHK review process without an individual submitting a complaint directly to the RA.

Additionally, in cases of a criminal, civil, or other investigation, the Va'ad HaKavod has the discretion to recommend, prior to undertaking a formal review process, either (1) immediate provisional suspension to the Executive Council, or (2) probation (which does not require Executive Council approval). In such cases, the VHK may choose to suspend its review process until the conclusion of the outside investigation. When the VHK elects to suspend their review process, the Ethics Coordinator will track and monitor these external investigations.

Does the Rabbinical Assembly or Va’ad HaKavod respond to media requests?

No. The Rabbinical Assembly does not respond to any media requests about the specifics of a particular case, as the Va'ad HaKavod complaint review process is held in confidence. Findings of the VHK are only made public when the violation warrants a change in membership status—namely, findings of suspension and expulsion, which are posted on the RA website listing the area of Code violation.

This policy is in place to allow complainants and respondents to engage in the VHK process in full vulnerability and openness. To do this, they need to trust that the VHK will not speak to the media or reveal anything about the case publicly, unless the findings are so serious that the VHK determines that expulsion or suspension are required for the safety of an individual or a community.

The Rabbinical Assembly will comment on questions of general processes, policies, and procedures of the Va’ad HaKavod.

What constitutes a complaint submitted in good faith?

A complaint is a report of a potential Code violation by a member of the RA. We believe that submitting complaints in good faith is beneficial, and strengthens the work of the Rabbinical Assembly. We encourage anyone with information about an RA member’s potential Code violation to submit a complaint or to reach out to the Ethics Coordinator.

All complaints must be submitted in good faith. This means that the person submitting the complaint believes the information submitted is true, and the complaint does not willfully ignore facts that could disprove or negate the complaint.

Complaints should not be made in bad faith. Examples of complaints made in bad faith include reporting false information or submitting a complaint for malicious purposes (for example, in an effort to harass, intimidate, or maintain control over a rabbi).

Complaint Review

What are the steps of the complaint review process?

Complaint review is part of the VHK overall process, which begins with complaint intake (see section above) and is followed by determinations and recommendations (see section below for more details). Click here to view the full process in a graphic flow chart.

The steps of the complaint review process are:

Step 1: Recusal Process and Panel Formation. The complaint is shared with the Va’ad HaKavod and a panel is formed (see: How are conflicts of interest addressed). If recusals would result in a panel of fewer than three VHK members, an outside RA member may be appointed to a panel hearing a particular matter. (That RA member would undergo the full VHK orientation.)

Step 2: Full Va’ad HaKavod Meeting The VHK identifies the area(s) of outside expertise needed to support the panel’s complaint review process. The VHK decides about informing third parties (such as employers, family members, or affiliated/adjacent organizations), if this has not already happened (see: Are ethics violations kept confidential by the VHK and RA?). The VHK also decides whether to place a thirty-day hold on the respondent’s participation in RA activities (e.g. professional development seminars, convention gatherings, listserv participation) and employment search.

Step 3: Va’ad HaKavod Panel Meeting The panel, with any outside expert consultants, meets to determine the steps and timeline for the complaint review process. (Outside experts may not always be required—for example, in cases of violations of Jewish law, halakhah. However, if that violation also involves abuse of power, outside experts in the area of clergy misconduct are brought into the complaint review process.)

Step 4: Complaint Review Process The VHK panel holds separate meetings with the complainant and respondent, to confirm the panel’s understanding of the complainant and the response (see: Can a complainant and respondent have a support person at meetings with the panel). The complainant and respondent are asked to share any supporting documents, as well as the names of people who can give insight into the situation described in the complaint.

Typically, the panel will speak with three people designated by the complainant and three by the respondent. The names of these people are held in confidence by the Va’ad HaKavod unless there is reason to reveal their identity to the complainant or respondent. Like anonymous complaints, these names are held by the members of the Va’ad HaKavod until such time that they need to be shared to complete the complaint review.

The outside experts help plan the meetings with all individuals, and may attend these meetings when necessary.

Step 5: Determination Recommendation The VHK panel (together with the outside experts) reviews all supporting materials and interview notes to make a determination recommendation (see: How are Determinations Finalized).

What is the role of the Ethics Coordinator during the complaint review process?

The Ethics Coordinator serves as the case manager throughout the complaint review process, regularly checking in with the complainant, respondent, and any other relevant individuals. The Ethics Coordinator also serves as the liaison between the Va’ad HaKavod panel conducting the complaint review and the complainant and respondent, providing regular updates throughout the process. In addition, the Ethics Coordinator monitors for compliance with cooperation, anti-retaliation, and confidentiality policies of the complaint review process.

What is the role of the Panel Chair during the complaint review process?

The VHK Panel Chair is tasked with leading the complaint review process, and (together with the Ethics Coordinator) is responsible for the timely unfolding of the process and compliance with all relevant protocols. Panel chairs serve as the lead in meetings with all individuals, and in the documentation and communication of the panel’s final determination.

What is the role of the Va’ad HaKavod chair during the complaint review process?

The VHK chair has expertise in the RA Code of Conduct as well as past experience serving on and chairing VHK panels. They are responsible for advancing the case, with particular attention to the timeline and procedures of the complaint review process. They monitor that the process moves forward fairly and equitably, ensuring that the panel maintains impartiality toward both the complainant and respondent through the process.

The VHK chair advises the panel about whether the facts of the case do or do not constitute a violation of the Code of Conduct. When the Va’ad HaKavod recommends suspension or expulsion of a respondent, the VHK chair serves as the primary liaison to the RA’s Executive Council.

The chair of the VHK does not meet with individuals involved in the complaint review process. The chair does not vote on any matter, nor do they make determinations regarding outcomes of the review.

When recusal of the chair(s) is warranted in a particular matter, another member of the Va’ad HaKavod is appointed to serve as chair for that matter. Chair recusal is determined by the Ethics Coordinator in consultation with the RA Professional Liaison to the VHK.

What cooperation agreements are required at the start of a complaint review process?

All individuals involved in a Va’ad HaKavod complaint review process are notified at the start of the process of the cooperation expectations required throughout the duration of the complaint review process. These agreements include important details such as the expectation that the complainant and respondent are to avoid all contact with each other. (If absolutely necessary, for example in a work situation, the interactions should be brief and cordial.) They likewise require the prompt response to Va’ad HaKavod meeting requests and requests for information related to the complaint.

Cooperation agreements also cover the expectation of confidentiality. The nature of the complaint review process often leaves complainants and respondents feeling quite vulnerable. In order to facilitate a safe space in which to authentically engage in the process, the VHK asks both complainants and respondents not to speak with media outlets and not to post about the case on social media, prior to a review determination. Both individuals are encouraged to seek support from family members and close friends. Employers and organization leadership should also be informed, where appropriate.

For respondents, cooperation requirements will always include non-retaliation. They may also include limitations on job search and participation in RA programs or leadership positions, or limitations on public appearances.

How are complainants and respondents informed of the status of a complaint throughout the complaint review process?

The Ethics Coordinator provides regular updates to complainants and respondents throughout the complaint review process. In line with the commitment to trauma-informed processes, the schedule and method of these updates are determined in consultation with complainants and respondents at the start of the complaint review process. Outside experts guiding the review process are also consulted to help determine the schedule and method of these updates.

Can a respondent and complainant have a support person join the meetings with the panel?

Complainants and respondents may be joined during their discussions with the Va’ad HaKavod panel by a support person of their choosing. A support person can be helpful in recommending when the complainant or respondent requires a break, or attending to other emotional needs.

The role of the support person is limited to providing emotional support to the individual telling their own account. They may not share their own views. If the support person takes on an advocacy role, they will be asked to cease doing so; if the pattern is repeated, the complainant or respondent may be asked to choose a different support person. If the support person wants to provide information related to the case, a different place and time can be designated for them to meet with the panel.

A support person may not be a representing attorney or an attorney acting in that capacity.

Determination and Recommendations

What does the panel consider in developing a final determination?

Upon completing the complaint review process, the panel (guided by the outside experts) considers the following in deciding the appropriate determination and recommendations:

The information provided through the meetings with all individuals and the supporting documentation provided.
Reports and advice of outside professionals.
Severity of the violation and the specific provision of the Code that has been violated.
Impact of the violation (including harm caused to individuals, families, organizations, and/or communities).
Intent of the actions or inactions that led to the complaint.
Prior history of problematic behaviors by the respondent.
Likelihood of recurrence and whether correction is deemed possible.

How are determinations finalized?

At the end of the complaint review process, the VHK panel (together with participating outside experts) reviews the information presented to see if there is sufficient support to determine whether or not the incident(s) or omission(s) outlined in the complaint occurred. “Sufficient support” means that it is more likely than not that the conduct reported in the complaint occurred.

The panel presents a written recommendation of a determination, to be voted on by the full Va’ad HaKavod. When applicable, the panel also presents a written Accountability Plan to be voted on which guides a respondent’s future actions for improvement.

If the VHK votes for a suspension or expulsion, that recommendation is then sent to the Executive Council of the RA for a vote.

To see the possible determinations and accountability responses see: Determinations and Accountability

What determinations might the Va'ad HaKavod come to at the end of their review?

A chart summarizing the determinations and the corresponding accountability measures can be found here.

The possible determinations are: no finding, no violation, near violation, or violation. Violations may be either published or unpublished, depending on the severity of the violations. The VHK maintains a record of all determinations, including Accountability Plans. Accountability Plans may accompany all determinations except for no finding, no violation, and expulsion. Mandatory Accountability Plans must be fulfilled over a predetermined period of time.

No Finding The VHK has not been able to establish that a violation of the Code of Conduct has taken place.
No Violation The VHK has determined that no violation of the Code of Conduct has taken place.
Near Violation The VHK has determined that while there was no specific violation of the Code, the spirit of the Code has been violated. This determination does not require publication and there are no restrictions from participation in Rabbinical Assembly services or programs. The VHK recommends an Accountability Plan.
Violation
1. Violation with Published Determinations
  - Mandatory Accountability Plan: The VHK has determined that a violation has taken place, but it does not require publication or rabbinic career search limitations. RA program participation and leadership restrictions may be imposed. The VHK imposes a mandatory Accountability Plan, which concludes upon the successful completion as determined by a review of the panel with the guidance of outside experts.
  - Probation: The VHK has determined that a violation has taken place, but it does not require publication. Career search restrictions are imposed, and RA participation and leadership restrictions are also imposed. These restrictions are developed by the panel with guidance from outside experts. The VHK imposes a mandatory Accountability Plan, the successful completion of which is determined by a review of the panel with the guidance of outside experts. A typical probation period is one year.
2. Violation with Published Determinations
  - Suspension: The VHK has determined that a violation has taken place that requires publication on the RA public website. The VHK recommends the finding to the RA’s Executive Council for a vote on the finding and Accountability Plan. Employers and other affiliate organizations are individually informed. RA participation and leadership restrictions are imposed. A mandatory Accountability Plan is put in place and must be successfully completed in order for a suspension to be lifted. Rabbinic career search is not permitted until the successful completion of the Accountability Plan. The restrictions and plan are developed by the panel with guidance from outside experts. A typical suspension period lasts from one to two years.
  - Suspensions conclude upon the successful completion of the mandatory Accountability Plan, as determined by a review of the panel with the guidance of outside experts. The VHK recommendation to conclude a suspension must be approved by the RA Executive Council. In most cases, the respondent is placed on probation for one year following the successful completion of the Accountability Plan.
  - Expulsion: The VHK has determined that a violation has taken place that requires a termination of membership in the Rabbinical Assembly and publication on the RA public website. Employers and other affiliate organizations are individually informed. The VHK recommends the determination of expulsion to the Executive Council for a vote.
  - Expulsion bars respondents from any access to Rabbinical Assembly resources or programs. In some cases, respondents are able to petition to reverse the expulsion after a defined period of time and through a defined process (See: why does RA allow reinstatement following expulsion).

Why are some Code violations published and others unpublished?

The Va’ad HaKavod works to create a space of trust where complainants and respondents can each engage in open conversations with the members of the VHK. For this reason, the findings of the VHK are not always public (unlike many civil and criminal proceedings). When coming to a determination, the Va’ad HaKavod balances the Jewish values of warning (azharah) and intervention for the purpose of correction (tocheikhah). With the guidance of experts, the VHK must decide if the rabbi named in the complaint is able to address the behavior and improve, or if they are no longer fit to serve.

The recommendations for a published or unpublished finding take into consideration the gravity of the finding and the possibility of improvement, based on the input of experts in the field. A graphic chart of findings and accountability steps can be viewed here.

Determinations of violations leading to suspension and expulsion are published on the RA website because the member’s violation puts the safety of individuals or a community at risk.

Determinations of violations with unpublished findings are reached when the violation does not pose a danger to others. In such cases, an Accountability Plan is established. The specific steps of the Accountability Plan are not made public.

How are complainants and respondents notified about Va’ad HaKavod determinations?

Both complainants and respondents receive written notification when the complaint review process has come to an end. In general, they will first be informed verbally.

Complainants are offered the opportunity to speak to the complaint review panel to discuss the determination and Accountability Plan when applicable.

Respondents meet with the panel to discuss the finding, determination, and any next steps. They receive a letter outlining the VHK findings and determinations, including Accountability Plan requirements. Except in the case of expulsion, respondents must sign and return this letter to the VHK, agreeing to the Accountability Plan (when mandated).

What is the appeals process?

The Va’ad HaKavod is tasked with making determinations regarding ethics complaints of RA members. All decisions of the Va’ad HaKavod, having undertaken the carefully structured and closely monitored complaint review process, are presumed to be final and stand. Appeals to the Executive Council are limited to procedural concerns during the complaint review process. The Executive Council does not engage in additional review of the substance of the complaint. Appeals should only be submitted if a respondent or complainant believes that the complaint review process was not followed correctly.

Appeals by either the complainant or the respondent must be submitted in writing to the RA president within ten days of being informed of the decision, and are advanced to the Executive Council if it is determined that they meet the criteria for initiating an appeal process.

In a case of suspension or expulsion, appeals by respondents are submitted to the RA president after the recommendation of the Va’ad HaKavod is voted on by the Executive Council. If an appeal meets the criteria mentioned above, the president submits the appeal to the Executive Council for their review.

All determinations of the Executive Council are final.

Accountability

What accountability process does the Va’ad HaKavod put in place following a determination of a violation of the Code of Conduct?

In determinations that result in Mandatory Accountability Plan, Probation, or Suspension, the Va’ad HaKavod believes there is a possibility for remediation. An Accountability Plan is developed in consultation with outside experts. The plan includes specific interventions, benchmarks, and a timeframe for completion (generally from one to two years).

Such plans are intended to provide an opportunity for the internal work of accountability. They may include but are not limited to the following:

Education: Participate in seminar(s) or training(s) to increase capacity in the identified area of Code violation or problematic behavior.
Professional Coaching: Work on an area of identified professional vulnerability with a professional certified coach.
Psychological Evaluation: Engage in a series of sessions with an independent evaluator to determine potential areas of vulnerability and, when warranted, recommend a course of therapy.
Substance Abuse Treatment: Address abuse with certified addiction counselors or programs.
Spiritual Mentoring: Process the learning from professionals or seminars through the lens of rabbinic work with a spiritual advisor or other trained mentor.
Therapy: Work on an area of identified personal vulnerability.

All Accountability Plans end in a written reflection on the violation, what led to it, its impact, and how the components of the Accountability Plan have helped to create a plan to avoid a recurrence of the violation.

The respondent must comply with all steps of the Accountability Plan. The Ethics Coordinator monitors for compliance, while the VHK panel assesses for the successful participation and completion of the objectives outlined in the plan (See: What is the review process upon completion of an Accountability Plan).

An important Jewish concept is that of deliberate constriction (tzimtzum). For the duration of the Accountability Plan, respondents are expected to take the time to do the important work required by the Va’ad HaKavod. This often includes an intentional pulling back from work in the public eye, as respondents make the space in their lives to do the necessary internal work outlined in their Accountability Plan.

If during the course of an Accountability Plan a new concern/s is/are brought forward, the panel may recommend revising the Accountability Plan to address these concerns.

What is the review process upon completion of an Accountability Plan?

At the end of the designated term of an Accountability Plan, the VHK panel reviews a series of benchmarks to determine whether the areas of concern have been appropriately addressed:

Fulfill all requirements of the Accountability Plan. This includes a concrete accounting of all of the steps of the plan (e.g., attending the requisite number of professional coaching sessions or professional development seminars).
When applicable, receive positive report(s) of independent evaluator(s) or professional development coach(es) or consultant(s) to ensure that learning and increased self-awareness has been achieved, including awareness of the violation, why it was wrong, and a concrete plan of how to avoid a repeat violation.
When applicable, satisfy an independent and approved therapist or evaluator of fitness to return to rabbinic work.
When applicable, complete appropriate financial restitution or a plan for such, as deemed appropriate by the Va’ad Hakavod.
Successful completion of a written reflection that demonstrates improved understanding and a clear plan to prevent recurrence.

Finally, the respondent must successfully participate in a panel review meeting, in which they unequivocally acknowledge responsibility for harm done as a result of the violation, and articulate resolve never to repeat any offense of this nature with a concrete plan to avoid a repeat offense.

If during the course of an Accountability Plan new concerns are brought forward, the panel may recommend a revision of the plan to address these concerns. If those concerns are not addressed, a more severe determination may be imposed.

Following a review of the completion of an Accountability Plan, the panel may recommend continued action if the plan has not been successfully completed but there is demonstrated cooperation and dedication to the work. In the case of non-compliance, or non-cooperation, a more severe finding may be recommended by the panel to the VHK.

The review process to complete an Accountability Plan for a suspension includes the Executive Council’s acceptance of the VHK recommendation, as the conclusion results in a change of membership status. It is possible for a member to be reinstated into good standing but still have restrictions (e.g., limits on where they can work). In some cases, the VHK may grant the respondent additional time to complete their work of accountability, beyond the original plan.

In some cases, the VHK may determine that reinstatement is not possible and the suspension may progress to a permanent expulsion.

Every effort is made to inform the complainant before a suspension is lifted. When reinstatement occurs, the respondent’s name will be removed from the ethics violation section of the RA website, and the respondent’s employer (if applicable) will be informed.

Why does the RA leave the door open for RA rabbis to be reinstated following suspension?

A determination of violation with a mandatory Accountability Plan means the VHK believes the respondent has the ability to reflect meaningfully on their past behavior and make changes in the future.

The VHK is not a legal investigative body. It is a peer ethics body that makes recommendations to help members who have engaged in misconduct improve when they demonstrate the capability and desire for such change, and when outside experts deem such change possible.

Accountability Plans are created in consultation with experts and have multiple specific goals that respondents must meet before reinstatement will be considered.

Reinstatement cannot occur unless all elements of the rigorous review process have been successfully met.

Why does the RA leave the door open for rabbis to be reinstated following expulsion?

Expulsion is intended to be permanent to protect individuals and communities and to maintain the integrity of the rabbinate. The VHK may recommend that a person is permanently ineligible for readmission into the membership of the RA; such a determination must be affirmed by the Executive Council.

Because understandings and circumstances can change, the VHK also provides the opportunity for reexamination where appropriate. In exceptional and rare cases, an expelled individual may apply for readmission.

Such reinstatement requires a recommendation from the VHK, followed by a two-thirds vote of approval from the Executive Council, to take place at least five years from the date of expulsion. The Va’ad HaKavod recommendation must follow the same process as ending a suspension, including the rigorous evaluation by outside consultants with expertise in the area of violation (See: What is the review process to conclude an Accountability Plan).

Every possible effort is taken to notify the original complainant of the status change recommendation after the vote of the Executive Council.