Daas Torah - Issues of Jewish Identity: Sheldon Silver, New York

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Monday, 18 August 2014

Seminary Scandal: An explanation of why both the CBD and IBD are claiming exclusive jurisdiction

Posted on 15:44 by viju
The following is what I have been able to piece together from various sources who have close connections with the IBD and the CBD.

The following information timeline indicates what is the crux of the dispute between the IBD and CBD. It is not that the CBD views that the IBD is not concerned for the victims but only for the seminaries. Or that the victims will be harassed by the IBD. It is not because the victims approached the CBD and not the IBD.  While the CBD views all these as being true - it is not the basis of the dispute.

The real reason is because the CBD is bluntly claiming that the IBD never had any right to be involved in more than a very limited roll that the CBD decided.

In contrast the IBD is claiming that the CBD never had jurisdiction over the seminaries which are located in Jerusalem and that contrary to what the CBD is now claiming - the CBD did in fact ask them to have full jurisdiction in the case. The IBD brings as proof the shtar borerus which was signed by the staff, Meisels and Rav Feldman

The CBD responds that their authority comes from the fact that  Meisels now agrees to abide by their psak as well as the request of the victims for them to deal with the case. The CBD claims that the shtar borerus of the IBD was in fact initiated by them - but only to make changes in the amutah - and nothing else. Therefore the CBD claims the IBD never had more than a peripheral role and that now it has none.
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A girl from Chicago complained to someone there about the problem. She was told that if she’s the only victim, they won’t listen, she should find others.She reached out to other girls and identified another victim. Chicago Rabbanim are informed that there’s another victim.

May 9-11 At the Torah Umesorah Convention Rav Zev Cohen, representing the CBD, asks Rav Aharon Feldman to act as the victims’ formal representative. He agrees.

R. Gottesman calls Rav Gartner in the name of the CBD to discuss convening a BD in EY to take this over. Rav Gartner proposes the dayanim.

CBD meet with Meisels who admits some inappropriate physical contact.

May 19 -- CBD issues it’s ruling of 7 guidelines that include removing Meisels from involvement in the seminaries and avoiding contact with the students. Therapy is required but there is no requirement to sell. No mention is made of any other staff involved. No warning is issued to the girls and permission is granted for the victims to go the the police if they want to so.

June 12 -- R Gottesman and RZ Cohen fly to Israel on behalf of the  CBD, with Rav Aharon Feldman on behalf of the girls; with R' Gottesman and Rav Zev Cohen present and involved in drafting the shtarei beirurin, Rav Aharaon Feldman, Meisels, and the school representatives sign shtarei beirurin with kabalas kinyan, etc, for IBD to handle the case. Clearly handing the responsibility of the case to the IBD. Rav Feldman agrees to be the representatives of the victims for the IBD as he was for the CBD Shtar Borerus


June 30 – Apparently in light of the lack of cooperation of CBD, IBD sends an email to R Gottesman - as the representative of the CBD - that they are meeting that evening, and if the CBD has something to say, this would be the opportunity to do so.

R' Gottesman sends an email in response to IBD - in the name of the CBD [including Rav Levine] - which makes claims which are severely at variance with the original understanding between the IBD and CBD regarding the respective roles and jurisdiction of the IBD and CBD. It claims that the CBD still has full jurisdiction over the case in all areas including all matters  relating to changes in the seminaries and arranging for compensation of the victims. It also clearly acknowledges that the CBD asked the IBD to be involved in the case but claiming it was only for the purpose of reorganization of the Amutah. It also claims that the shtar borerus was signed at the suggestion of the CBD but only to reorganize the Amutah. He requests that these changes be done quickly so that the CBD will proceed as the sole body to have jurisdiction of the IBD and that they drop out of the picture entirely because they no longer will be needed. Consequently the CBD sees no purpose in further discussion about the role of the IBD is this matter because it has none and that the CBD had notified the IBD of this 4 days before on June 26. Finally that the CBD intends to issue a second psak on the matter which will supersede the one of May 19th. This would explain why there has been no sharing of data by the CBD because they claim - contrary to what Rav Zev Cohen told Rav Feldman - the CBD never intended to share the information.

R' Gottesman also sends a second email that day announcing that the CBD has issued a 2nd psak. While it again acknowledges that it had asked for assitance from the IBD in the Meisels case  but since Meisels now  agrees to abide by the psak of the CBD  - there is no longer any need for the IBD to be involved in the case. [Apparently Meisels had not agreed to abide to their psak previously.]While expressing gratitude for the help they again insist that they have retained full jurisdiction in this case and there is no further role for the IBD. It is not clear whether the CBD authorized R Gottesman to send these letters since they did not send any letters stating such allegations on their letterhead nor did the CBD sign the letters. On the other hand they have never denied that these letters were authorized.

July 3 – IBD sends their response to the CBD and Gottesman’s emails strongly criticizing the emails from Gottesman (CBD).Response of IBD to R Gottesman's letters

July 10 – CBD first public letter stating that the IBD had assumed the case but that they viewed the seminaries as unsafe at the present time and did not recommend girls attending the seminaries

July 13 – IBD first public letter - a month after they had taken on the case. They declare that the CBD had requested through the agency of Rav Feldman ,  Rav Cohen and   R Gottesman to establish a beis din to hear the claims and to make decisions regarding compensation as well as to make changes in the seminary program. That the staff of the seminaries has accepted the IBD's to do such and they have promised to obey all requests. They also declare that the seminareis are now completely safe because of the removal of Meisels  They said they now will start evaluating the actual claims for the purpose of establishing compensation and to recommend changes in the seminaries.

July 14 – CBD letter to HTC not to recognize the seminaries

About July 24 – transfer of schools to Yaakov Yarmish is finalized. An earlier demand by R Gottesman that the seminaries by sold to him had been rejected. Another proposed deal of purchase by Yaakov Yarmish in conjunction with a friend who is associated with Torah U' Mesorah falls through when the friend backs out. The CBD had promised that the warning against the seminaries would be removed if it were sold - but the CBD reneges on its promise without explanation.

July 25 – IBD’s psak post-sale. Some of the points they mare are: That since they have thoroughly questioned the staff  - they have found no basis of concern for students to attend these seminaries. They request that Touro provide college credits for the courses. They ban predatory recruiting. They prohibit slandering the seminaries. They strongly criticize R Gottesman for meddling in this matter

 July 31 – Rav Aharon Feldman's “Chillul Hashem” letter questioning why the IBD had not requested information from the CBD. This assertion is based on what Rav Zev Cohen told Rav Feldman. He questions why Rav Malinowitz had publicly stated that the CBD had refused to share information and notes that he can't believe that Rav Cohen would lie. He also suggests that the IBD and CBD form a joint beis din. 

August 1-2 – IBD strong formal response to Rav Aharon Feldman 

At that point all hell had broken loose...
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