VAAD HARABBONIM OF AMERICA
Code “COE” of Ethics
The designation of “Rabbi” is far more than a title or a job; it represents a
life committed to the fundamental precepts of Judaism and a dedication to
serving our communities with honesty, sincerity and with the ethical behavior
espoused by the compendium of Jewish teaching.
To that end, we freely adopt the following ethical code of standards with the
purpose of explaining our professional and communal behavioral principles.
1.
Fundamentals of Jewish Morality
Humankind was created in the image of the Almighty.
a.
By
choosing to live the life of a rabbi, there is an implication and a perception
of a covenant that goes above and beyond that of non- rabbinic individuals. This
covenant is not only between rabbis and G-d, it is also between rabbis and the
world. This role encompasses elements of teacher, counselor, leader and
protector. Even if a rabbi is not engaged in a professional role where all or
some of these disciplines is required, there is an expectation that rabbis can
perform these roles when required.
2.
General Principles
a.
We are expected to act as ethical mentors both
within and outside of the Jewish community. We must endeavor to set positive
examples with our speech and behavior. We must, therefore, endeavor to avoid
“ma-arit ayin,” (the appearance of impropriety).
b.
Rabbis are afforded a special place in an
individual’s life. We hold a sacred trust, and therefore, we must respect a
person’s confidentiality always. If harm to self or others is involved, a rabbi
must act in a fashion to protect life and prevent harm.
c.
We owe ourselves the same respect and obligations
that we owe to our communities. Our health, physical, mental, and spiritual
needs should not be neglected. Our family relationships must be nurtured. It is
incumbent upon all members of the VAAD HARABBONIM OF AMERICA to remember that
learning is a life-long journey, not a destination.
d.
Judaism has for centuries subscribed to the
principle of “D’mal-chuta Dina” (the law of the land governs) – (i.e.
secular law is binding). Secular is binding as long as it does not contradict
Halacha.
We recognize that honest missteps are bound to happen; nonetheless, the members
of the VAAD HARABBONIM OF AMERICA must be vigilant and honest with ourselves and
with each other to remain on the ethical path. If we are witness to a violation
of this code or in violation ourselves, we must alert The VAAD HARABBONIM OF
AMERICA of the infraction and, if need be, act to remedy it.
The members of the VAAD HARABBONIM OF AMERICA must strive to hold ourselves
accountable to these ethical precepts, and to sustain each other in upholding
the sanctity and respect of our rich rabbinic tradition.
The VAAD HARABBONIM OF AMERICA reserves the right to withdraw support for the
Semicha/Ordination of any rabbinic member who is in violation of our ethical
precepts.
Approved by VAAD HARABBONIM OF AMERICA Board of Directors
February
7, 2017 / 11 Shevat 5777
PROCESS FOR IMPLEMENTATION OF THE VAAD HARABBONIM OF AMERICA CODE OF ETHICS.
STATEMENT OF PURPOSE
The VAAD HARABBONIM OF AMERICA Code of Ethics is meant to guide the behavior of
our members, students and rabbinic graduates and constitutes the Institute’s
moral foundation. Where there is an alleged violation by either a member, a
student, a graduate or employee of the Vaad, the following process shall apply
in keeping with VAAD HARABBONIM OF AMERICA ’s commitment to Jewish Law and
Justice as well as the precepts that underscore American Jurisprudential
conceptions of due process.
Who may file a complaint: Any member
of the VAAD HARABBONIM OF AMERICA member, student body, graduate of the program,
VAAD HARABBONIM OF AMERICA faculty or staff, board member of VAAD HARABBONIM OF
AMERICA, congregants of graduates, or family members of VAAD HARABBONIM OF
AMERICA may file a complaint alleging that a member of the VAAD HARABBONIM OF
AMERICA community has violated the VAAD HARABBONIM OF AMERICA Code of Ethics,
hereinafter referred to as the “COE”.
Who may be a subject of a complaint:
A subject of a complaint filed may be a member, a student, graduate, faculty,
staff or board member of VAAD HARABBONIM OF AMERICA.
Filing Process: A letter specifying the exact nature of the offense must precede
any investigation into a VAAD HARABBONIM OF AMERICA community member’s behavior
for an alleged violation of the COE. The letter shall be addressed to the
President/Rosh Bais Din / Rosh Yeshiva / Rav Hamachshir of the VAAD HARABBONIM
OF AMERICA or an officer or a Board member and shall specify:
1.
those facts which, if true, would constitute a
violation of the COE;
2.
the sections of the COE that were allegedly
violated;
3.
the basis for the allegations and whether the
alleged violations are based upon information and belief and/or first-hand
knowledge; and
4.
the name and contact information of the person
filing the complaint
Investigation Process: Once VAAD
HARABBONIM OF AMERICA is in receipt of a letter as outlined in Sec. IV of this
document, the President / Rosh Bais Din / Rosh Yeshiva / Rav Hamachshir shall:
1.
notify the subject of the allegations;
2.
the process that shall ensue; and convene the
Board to determine whether there are facts sufficient to proceed with an
investigation and possible inquiry. Where the Board determines that there are
sufficient facts to proceed to inquiry, the subject of the investigation shall
be notified as to the Boards decision to proceed and whether the subject shall
appear before the Vaad Hakavod, Bais Din. In making its determination to
move forward, the Board shall use a “reasonableness standard”, whether
reasonable prudent persons in reviewing the facts alleged would believe that the
allegations are true.
When the Vaad Hakavod Bais Din Shall Convene: The Vaad Hakavod Bais
Din shall be convened where potential sanctions are:
1.
Rescission of Rabbinic Endorsement or;
2.
Letter of Warning of Possible Rescission of
Endorsement
Members of the
Vaad Hakavod Bais Din: The
Vaad Hakavod Bais Din shall be composed of three (3) rabbis drawn from
the Vaad Hakavod of the VAAD HARABBONIM OF AMERICA community who have
been members in good standing of the VAAD HARABBONIM OF AMERICA for no less than
three (3) years and have not taken part in the investigatory process. The
subject of the hearing shall be entitled to make suggestions to the President /
Rosh Bais Din / Rosh Yeshiva / Rav Hamachshir as to the Vaad Hakavod Bais Din
Panel and one member of the Panel should come from the subject’s suggestions, so
long as that person meets the criteria enumerated in this section.
For purposes of this document, “faculty” shall mean any person who is a
full-time member of the Rabbinic school.
Individual Rights of the Subject of the
Vaad Hakavod Bais Din: The rights are as follows:
1.
The right to reasonable notice of all allegations
with factual specifications;
2.
The right to sufficient time to prepare his or
her defense, however said time shall not exceed thirty (30) days from notice as
to the convening of the Vaad Hakavod Bais Din and the allegations that
support the inquiry;
3.
The right to all documentary, tangible,
testimonial evidence maintained by VAAD HARABBONIM OF AMERICA that shall
presented to the Vaad Hakavod Bais Din during its inquiry;
4.
The right to confront his or her accuser(s)
during the hearing through cross examination;
5.
The right to examine witnesses and present
evidence on his/her behalf;
6.
The right to make an opening statement and
closing argument
7.
The right to a speedy disposition of the matter
8.
The right to a written document from the Vaad
Hakavod Bais Din that specifies its findings of fact and conclusions
9.
The right to have present a friend at the
hearing, however there is no right to counsel.
Findings by the Vaad Hakavod
Bais Din
While hearsay is permitted as evidence, the Vaad Hakavod Bais Din may
only consider first-hand knowledge of the violation(s) or circumstantial
evidence supported by firsthand knowledge as grounds for a finding of a
violation that can result in either rescission of endorsement or a letter of
warning.
Approved by VAAD HARABBONIM OF AMERICA Board of Directors
February 7, 2017 / 11 Shevat 5777