Amendment to the RCA By-Laws, Article 3, Section 4 2004

Apr 23, 2004 — Amendment to the RCA By-Laws, Article 3, Section 4

4/23/2004

Section 4 currently reads as follows:

The Executive Committee shall have the power by a vote of two-thirds of the members present and voting to expel or suspend from membership or impose such other discipline and penalty upon a member as it my deem appropriate, provided that: 

1. Except as otherwise provided in Section 2 of Article IV, to be liable to expulsion or suspension, the member shall be charged with having committed an act of a public or private nature unbecoming to a rabbi, or of having acted in a manner detrimental to the best interests of the Rabbinical Council of America.

2. Such charges shall be submitted in writing to the Executive Committee which shall, if it determines that such charges have sufficient basis, refer the charges to the Beth Din HaKovod. Complaints which are exclusively personal and in no way involve the business or the affairs of the Rabbinical Council of America may be sent directly to the Beth Din HaKovod by one member against another. The Beth Din HaKovod may act as a Beth Din to adjudicate the dispute. This, however, shall not limit either member from requesting AZablo,@ provided that all of the members of the Beth Din selected shall be members of the Rabbinical Council of America.

3. The member against whom the charges are brought shall be notified of the charges and given ample opportunity to state his case, which shall be recorded in writing.

4. The Beth Din HaKovod shall conduct any hearings or investigations it deems appropriate.

5. The Beth Din HaKovod shall recommend to the Executive Committee the disciplinary action, if any, to be taken on the charges.

Proposed addition to read as follows:

6. Despite the conditions set forth in this section, any accusation against a member regarding any form of sexual activity or sexualized contact with any person to whom the member is not married or with any minor; lewd behavior; the exploitation of the rabbinic position for the purpose of gaining sexual gratification or sexual favors, the matter shall be referred by the Executive Vice President to the Vaad HaTzedek, according to the policies and procedures that will be adopted from time to time by the Executive Committee. The jurisdiction of the Vaad HaTzedek, includes, but is not limited to, the behaviors enumerated in this paragraph. 

7. The Vaad HaTzedek shall determine the disciplinary action, if any, to be taken on the charges. Such action, including expulsion or suspension shall be effected immediately by the decision of the Vaad HaTzedek.