The Awareness Center, Inc. (International Jewish Coaltion Against Sexual Assault): Case of Rabbi Steven J. Kaplan

Case of Rabbi Steven J. Kaplan

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Author - Rabbinical Counseling

Author - On Comforting Wings

Author - Applied Judaism

Rabbi - Congregation Shir Chadash, South Saskatoon, Saskatoon, Canada

Rabbi - Temple Beth El, Bradenton, FL

Rabbi - Hillel Foundation: University of South Florida, Tampa, FL
Chaplin - University of South Florida Mental Health Institute, Tampa, FL
Rabbi - Congregation Beth Sholom, Gulfport, FL
Rabbi - Beth Israel, Sun City FL

Rabbi Steven J. Kaplan has a long history of being accuse of clergy sexual abuse against adult women dating back to the late 1980s.

Kaplan left Hillel Foundation chapter at the University of South Florida in 1988 after questions were raised about his behavior and qualifications. He was also asked to leave Temple Beth El in Bradenton, Florida in 1990.

Kapan hired in 1998 by Agudas Israel, then the city's only synagogue. He was fired in March 2000 following allegations, detailed in court documents, that he lacked proper ordination, sexually harassed female congregants and committed adultery with one of them.

In 2011 Rabbi Kaplan published 3 books, including one on Rabbinical Counseling.

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Disclaimer: Inclusion on this website does not constitute a recommendation or endorsement. Individuals must decide for themselves if the resources meet their own personal needs.

Table of Contents:

1984

Beth Israel - The Jewish Congregation of Sun City Florida (02/10/1984)

1987

Rabbi named chaplain of mental health institute (07/18/1987)
Workshop to focus on suicide prevention (07/18/1987)
Rabbi named chaplain of mental health institute, TAMPA (07/18/1987)
Jewish congregation fires rabbi (03/04/1987)

1991

New leader for B'nai Emmunah (07/27/1991)
Rabbi Kaplan is new spiritual leader (08/03/1991)
Synagogue split by dueling factions (08/31/1991)
Religious dispute taken to court (09/27/1991)
Another legal salvo has been fired in a dispute over control of Congregation - B'nai Emmunah in Tarpon Springs. (11/06/1991)

1998

Saskatoon synagogue gets new rabbi (11/17/1998)

2000

Jewish Congregation fires rabbi (03/04/2000)

Synagogue accuses rabbi of sexual misconduct and fraud (08/10/2000)

Congregation Sues Rabbi (08/10/2000)

Rabbi target of sex allegations (08/10/2000)

Synagogue accuses rabbi of sexual misconduct and fraud (08/09/2000)

Synagogue responds to ousted rabbi's lawsuit (08/09/2000)

2001

Kaplan v. Congregation Agudas Israel (01/05/2001)

2002

A Feud, and a Fire, Drive Wedge Between Rival Shuls (05/10/2002)
A synagogue torn asunder - A rabbi denies charges he lied about his credentials as questions arise in firebombing (05/10/2002)

2011

Author - Rabbinical Counseling
Author - Applied Judaism
Author - On Comforting Wings

2013

Congregation Agudas Israel (10/11/2013)

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Beth Israel - The Jewish Congregation of Sun City Florida
February 10, 1984

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Rabbi named chaplain of mental health institute
St. Petersburg Times - July 18, 1987

TAMPA - Rabbi Steven J. Kaplan was recently named chaplain at the University of South Florida's Florida Mental Health Institute.

The installation ceremony included the Rev. Michael Young, pastor of the Unitarian Universalist Church in Tampa, who opened the program. The Rev. Tom Cleary, campus minister of the Baptist Student Ministry at USF, spoke about the institute's responsibilities to its clients, the community and the chaplain. The Rev. Mark Chidley, chaplain at the H. Lee...

Complete Article, 271 words

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Workshop to focus on suicide prevention
St. Petersburg Times - July 18, 1987, Saturday, City Edition, RELIGION;

Local Digest; Pg. 9E,

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Rabbi named chaplain of mental health institute, Tampa
St. Petersburg Times - July 18, 1987
Saturday, City Edition, TAMPA; Religion; Pg. 2

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New leader for B'nai Emmunah
St. Petersburg Times - July 27, 1991

Congregation B'nai Emmunah has named Rabbi Steven J. Kaplan as its new spiritual leader. He has a background in congregational and academic areas and is the author of more than a dozen articles and texts in Judaism. His first service is to be Friday. Call 938-9000 or 942-4500.

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Rabbi Kaplan is new spiritual leader
St. Petersburg Times - Published on August 3, 1991

Congregation B'nai Emmunah has named Rabbi Steven J. Kaplan as its new spiritual leader.

He succeeds the synagogue's ecumenically minded founder, Rabbi Jan Bresky, who was known for his radio and TV broadcasts on spiritual themes and who relied on voluntary contributions rather than formal dues at B'nai Emmunah.

Bresky died May 15 at age 40.

Kaplan, 41, most recently was the rabbi at Congregation Beth Sholom in Gulfport. Earlier, he served at Temple Beth El in... Complete Article, 666 words

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Saskatoon synagogue gets new rabbi

By The Canadian Press - November 17, 1998

SASKATOON (CP) -- After 20 years in Florida, Rabbi Steven Kaplan is the new spiritual leader of Congregation Agudas Israel, Saskatoon's only synagogue.

"Of all the interviews I had, this community seemed to be the warmest, and the one where I felt I could have the biggest impact," Kaplan, a teacher and author, says in the Canadian Jewish News.

His fourth book, Healing the Distressed, a Jewish Approach, was released last summer.

"I felt it was time for me to move back into a synagogue setting," said Kaplan, originally from New York. "The first thing I have to do now is get to know my new community and its needs."

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Synagogue accuses rabbi of sexual misconduct and fraud

The New Brunswick Telegraph Journal - August 10, 2000

Congregation members of the city's oldest synagogue accuse their former rabbi of sexual misconduct and fraud in defence of his lawsuit against them.

The statement of defence accuses Rabbi Steven Kaplan of committing adultery with a congregation member, betraying confidences and ignoring warnings to stop touching female members and using inappropriate sexual language.

There have been no criminal proceedings as a result of the allegations.

Rabbi Kaplan is suing the Congregation of Agudas Israel. He claims he was unfairly fired from his job earlier this year, only 16 months into a five-year contract. He was hired from Florida in 1998.

In his lawsuit Rabbi Kaplan says he was fired after an unauthorized, secretive and incomplete investigation into an unnamed problem.

The documents filed by the congregation claim Rabbi Kaplan misrepresented his educational background and received his rabbinical ordination from a multi-faith institution that is "not recognized by any mainstream Jewish groups."

Since he was fired in March, Rabbi Kaplan has gone on to found a new congregation in Saskatoon and has attracted 30 to 50 of the 150 people who formerly attended the Agudas synagogue.

"I've got a congregation I'm responsible for and I've got to get on with my life and my profession," Rabbi Kaplan said.

"I can't worry about what I deem to be foolish charges and allegations."

The congregation has counter-sued Rabbi Kaplan for the salary he received during the 16 months he led the synagogue.

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Jewish congregation fires rabbi
The Star Phoenix (Saskatoon) - March 4, 2000 Saturday Final Edition, Local; Pg. A5

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Congregation Sues Rabbi

Toronto Star: Ontario - August 10, 2000

Congregation members of Saskatoon's oldest synagogue have accused their former rabbi of sexual misconduct and fraud in defence of his lawsuit against them. The statement of defence alleges Rabbi Steven Kaplan misrepresented his educational background, committed adultery and betrayed confidences. Kaplan, 50, is suing Congregation Agudas Israel claiming he

was unfairly fired 16 months into a five-year contract. The congregation has counter-sued him for salary.

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Rabbi target of sex allegations

Canadian Press: Saskatoon - Thursday, August 10, 2000

The Record (Waterloo Region) -- Final, Front A05

SASKATOON -- Congregation members of Saskatoon's oldest synagogue accuse their former rabbi of sexual misconduct and fraud in defence of his lawsuit against them.

There have been no criminal proceedings as a result of the allegations and Kaplan, in an interview Wednesday, said "First and foremost all allegations are denied. There's not truth to any of that nonsense."

Kaplan is suing the Congregation of Agudas Israel. He claims he was unfairly fired from his job earlier this year, only 16 months into a five-year contract. He was hired from Florida in 1998.

In his lawsuit, the 50-year-old rabbi says he was fired after an unauthorized, secretive and incomplete investigation into an unnamed problem.

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Synagogue accuses rabbi of sexual misconduct and fraud

Canadian Press - August 9, 2000

SASKATOON (CP) Congregation members of the city's oldest synagogue accuse their former rabbi of sexual misconduct and fraud in defence of his lawsuit against them.

There have been no criminal proceedings as a result of the allegations.

Kaplan is suing the Congregation of Agudas Israel. He claims he was unfairly fired from his job earlier this year, only 16 months into a five-year contract. He was hired from Florida in 1998.

In his lawsuit Kaplan says he was fired after an unauthorized, secretive and incomplete investigation into an unnamed problem.

The documents filed by the congregation claim Kaplan misrepresented his educational background and received his rabbinical ordination from a multi-faith institution that is "not recognized by any mainstream Jewish groups."

Since he was fired in March, Kaplan has gone on to found a new congregation in Saskatoon and has attracted 30 to 50 of the 150 people who formerly attended the Agudas synagogue.

"I've got a congregation I'm responsible for and I've got to get on with my life and my profession," Kaplan said.

"I can't worry about what I deem to be foolish charges and allegations."

Kaplan said the congregation split has more to do with differences in style than the allegations levelled against him. However, he would not respond specifically to any of the allegations.

The congregation has counter-sued Kaplan for the salary he received during the 16 months he led the synagogue.

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Synagogue responds to ousted rabbi's lawsuit

CBC Saskatchewan - | Aug 9, 2000

SASKATOON - Members of Saskatoon's largest synagogue say they had valid reasons for dismissing their rabbi last spring. The Congregation Agudas Israel has filed legal papers in court, defending itself against a lawsuit from ousted rabbi Steven Kaplan. He is suing for damages and legal costs, claiming the synagogue breached his contract. The congregation responds, saying Kaplan was fired for misconduct, insubordination, and misrepresentation. It claims Kaplan acted inappropriately toward female members of the congregation. The synagogue also says he lied about having two Ph.D degrees.

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Kapan v. Congregation Agudas Israel
2001

Between Steven Kaplan, plaintiff, and Congregation Agudas Israel, Elaine Sharfe, Sherwood Sharfe, Grant Scharfstein, Arnie Shaw, Steven Goluboff, Gladys Rose, June Avivi and Randy Katzman, defendants

[2001] S.J. No. 51

2001 SKQB 3

Q.B.G. No. 1283 of 2000 J.C.S.

Saskatchewan Court of Queen's Bench

Judicial Centre of Saskatoon

D.H. Wright J.

January 5, 2001.

(20 paras.)

Counsel:

C.C. Boychuk, for the plaintiff (respondent).

D.A. Shapiro, Q.C., for the individual defendants (applicants).

G.D. Dufour, for the congregation.

D.H. WRIGHT J.:—

THE ISSUE

¶ 1 Should the respondent's action against the applicants be struck as:

(a) scandalous, frivolous or vexatious (Queen's Bench Rule 173(c)), or

(b) an abuse of the process of the Court (Queen's Bench Rule 173(e)).

THE FACTS

¶ 2 The respondent was employed as rabbi of the defendant congregation on September 8, 1998. The agreement contained the following terms as set out in paragraph 5 of the statement of claim:

(a) it was, subject to renewal, for a term of 5 years, commencing the 1st day of November, 1998;

(b) the Plaintiff was to be the spiritual leader and advisor to the Congregation and in charge of all religious services of the Congregation;

(c) the Plaintiff was to act as mara da atra in the Congregation and to act in accordance with the principles prescribed by the United Synagogue of Conservative Judaism on matters of halacha;

(d) the Congregation was to pay the Plaintiff a combined salary and housing allowance, in the amount of $73,000.00 per year, and subject to a cost of living increase in each year after the first year there of [sic].

¶ 3 The defendant congregation terminated the respondent's employment on March 2, 2000 alleging, among other things, gross misconduct, insubordination, misrepresentation of his qualifications and professional history and acting against the best interests of the congregation.

¶ 4 Prior to his termination the president of the congregation, Grant Scharfstein, struck a committee of members of the Synagogue to carry out an inquiry into the various allegations of wrongdoing that had been made against Kaplan. The applicants were, in addition to Scharfstein, members of the committee. For the purposes of this application I will assume that the ad hoc committee was lawfully constituted by the president and as such authorized to act. There does not appear to be any serious suggestion to the contrary.

¶ 5 Discussions between Kaplan and a representative of the congregation did not resolve the crisis.

¶ 6 On January 26, 2000 the board of trustees of the defendant corporation voted to suspend the respondent, with pay, pending the latter answering certain questions as to his qualifications. There were further demands for information and a request that Kaplan attend a meeting with the board. He did not attend. He was then terminated. This action followed.

¶ 7 Kaplan claims damages from the applicants and blames these individuals for his termination. I refer to paras. 8 to 10 of his claim. They read as follows:

8. The aforesaid breaches of contract were induced by the acts and activities of the individual Defendants, particulars of which are as follows:

(a) conducting an unauthorized and secretive investigation into the Plaintiff;

(b) conducting the said investigation in a biased and incomplete fashion;

(d) misrepresenting the results of the said investigation;

(e) causing the Board of Trustees of the Congregation to consider and act upon information irrelevant to the Plaintiff's employment duties and the performance thereof.

9. At al [sic] material times, the individual defendants were aware of the terms of the plaintiff's contract as above described and acted intentionally so as to cause the Congregation to breach the said contract.

10. Further, and in the alternative, the individual defendants intentionally interfered with the contractual relationship between the plaintiff and the Congregation with the intention of injuring the plaintiff. Particulars of the said acts by the individual defendants are those contained in paragraph 8 hereof.

¶ 8 The prayer for relief against them is set out as follows: THE PLAINTIFF THEREFORE CLAIMS against the individual defendants:

(1) General damages;

(2) Special damages;

(3) Interest pursuant to The Pre-judgment Interest Act;

(4) The costs of this action.

¶ 9 The defendant corporation defended and counterclaimed to recover the salary and benefits it alleges were improperly paid to Kaplan as well as other damages. THE MOTION TO STRIKE

¶ 10 The applicants applied to strike out the respondent's action against them on the grounds it is scandalous, frivolous or vexatious and/or is an abuse of the process of the Court. They also claim double costs.

¶ 11 Queen's Bench Rule 173 reads as follows:

173 The Court may at any stage of an action order any pleading or any part thereof to be struck out, with or without leave to amend, on the ground that:

(a) it discloses no reasonable cause of action or defence, as the case may be;

(b) it is immaterial, redundant or unnecessarily prolix;

(d) it may prejudice, embarrass or delay the fair trial of the action;

(e) it is otherwise an abuse of the process of the Court; and may order the action to be stayed or dismissed or judgment to be entered accordingly or may grant such order as may be just. Unless otherwise directed, the offending party shall pay double the costs to which the other party would otherwise be entitled.

THE LAW

¶ 12 Applications under Rule 173 (c) and (e) are ordinarily based on affidavit evidence. The rule has been referred to and applied a number of times. I need not discuss the authorities as they are fully addressed in counsels' briefs. They include actions against directors and agents of corporations.

THE PRELIMINARY OBJECTION

¶ 13 Mr. Scharfstein's affidavit sets out in great detail the reasons for establishing the ad hoc committee, its processes, its objectives and the history of its activities and takes serious issue with the respondent's characterization of the applicant's activities as scandalous, frivolous and vexatious and an abuse of process. It should be noted that no affidavit was filed in response to the Scharfstein affidavit, the respondent relying on his pleading.

¶ 14 The respondent's counsel raised a preliminary objection to the language of the affidavit sworn by Mr. Scharfstein and, in particular, to the following:

(a) paragraph 2, sentences 3 and 4;

(b) paragraph 9, sentences 1 and 2;

(d) paragraph 16, the entire paragraph;

(e) paragraph 17, sentence 1. It is not clear if Scharfstein had personal knowledge as to the last two sentences;

(f) paragraph 18. Scharfstein does not say what information is personal and what is hearsay in paragraph 3 and I will not interfere with that passage.

The respondent also complains that the deponent gives his opinion as to various matters in paragraphs 19 and 21 which opinions are not facts but opinions or conclusions of law and as such not evidence I should consider.

¶ 15 The respondent's objections are well-founded. I have not considered the paragraphs identified, supra, in reaching my decision.

ANALYSIS

¶ 16 The principal question raised on the motion was whether the members of the ad hoc committee were protected as agents of the defendant, a corporation. They would be if they acted in good faith: Gravelbourg Savings and Credit Union Ltd. v. Heritage Motors Ltd. (1982), 19 Sask. R. 178 (Q.B.).

¶ 17 The applicants' position is set out in paragraph 5 of their brief: 5.

The Applicants respectfully submit that [sic] Plaintiff brought the claim against them for an improper purpose or improper purposes and should therefore be struck. It is respectfully submitted that the following circumstances clearly establish the Plaintiff's improper purposes behind naming the individuals as Defendants:

(a) the factual background to this case, as deposed to in the Affidavit of GrantScharfstein;

(b) the unequivocal evidence of the solvency of the litigation and the ability to withstand any judgment that the Plaintiff may be able to obtain against the Congregation;

(d) other litigation both undertaken and threatened by the Plaintiff and his new congregation.

Subparagraphs (b), (c) and (d) are not material considerations in this application.

¶ 18 Subparagraph (a) is self-explanatory. It should be read in conjunction with paragraph 13 of the applicants' brief:

13. In Ontario Store Fixtures v. Mmmuffins et al (1989), 70 O.R. (2d) 42 (HCJ) [see Tab 3, Plaintiff's Brief], the court considered a motion to strike pleadings against an officer/director alleged to have induced breaches of contract between the plaintiff and the corporate defendant. The officer/director was alleged to have "acted without bona fides and for his own purposes." The Court found that as no "intentional act which is wrongful or unlawful" had been pleaded, the action against the director/officer should be struck. The court concluded that, in order to survive a motion to strike the pleadings, the allegations against the officer/director would have to include the following:

that he acted without justification [Kaplan does not plead this]

that he acted outside the scope of his authority [Kaplan pleads this in paragraph 8(a), but this is refuted by the Affidavit of Grant Scharfstein]

that he was not acting in the best interests of the company [Kaplan does not plead this]

that he was engaged in acts intended to interfere with contractual relations; [Kaplan pleads this in paragraph 10, and to some extent in paragraph 9]

that he was engaged in acts for an improper purpose [although not expressly spelled out as such, arguably, in paragraph 10, Kaplan arguably pleads this by inference, by alleging "the intention of injuring the plaintiff," although there is no suggestion of illegality]

That submission seems to me to justify the respondent's action if borne out by the evidence. I refer particularly to the portions I have emphasised.

¶ 19 The respondent's brief (paragraph III) summarizes, accurately I believe, the nature of Kaplan's complaint against the applicants:

III. THE IMPUGNED ACTION

The within action, as against the individual Defendants is framed as an action for inducing breach of contract. It is alleged that the Defendants:

(a) conducted an unauthorized and secretive investigation into the Plaintiff;

(b) conducted the said investigation in a biased and incomplete fashion;

(d) misrepresented the results of the said investigation;

(e) caused the Board of Trustees of the Congregation to consider and act upon information irrelevant to the Plaintiff's employment duties and the performance thereof.

It is further alleged that these activities constitute an intentional interference with economic relations and are actionable as such.

As such, they reflect the language of the statement of claim and raise directly the allegation of mala fides or, at the very least, lack of good faith. I refer to the following observations of Mr. Justice Gerein (as he then was) in Gravelbourg Savings and Credit Union Ltd. v. Heritage Motors Ltd., supra, at para. 3:

Directors or employees of a corporation acting within the scope of their authority are not liable in tort for inducing or procuring a breach of contract by their principal. An exception is where there is mala fides, fraud or a lack of bona fides. However, if a party is relying on this exception it must be pleaded.

The respondent has pleaded sufficiently to meet this test. What the evidence will finally establish is quite another matter given the very serious allegations against Rabbi Kaplan.

¶ 20 The application is dismissed. Costs are reserved to the trial judge.

D.H. WRIGHT J.

QL Update: 20010209

cp/i/qlasl

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A Feud, and a Fire, Drive Wedge Between Rival Shuls

By Sheldon Gordon

Forward - MAY 10, 2002

SASKATOON, Saskatchewan —When a Conservative synagogue in this western Canadian city was firebombed in early April, most observers blamed the desecration on tensions in the Middle East. The city's tiny Jewish community mourned the destruction of Congregation Agudas Israel's archives and religious texts, worth an estimated $60,000.

But as the investigation into the attack enters its second month, the police have not ruled out as a possible motive the ongoing tensions among local Jews and a bitter rivalry between Agudas Israel and a breakaway congregation. In a community of only 200 Jews, there are currently four lawsuits under way involving at least two dozen of them.

"We are aware that there is some discord in there, and we have to keep it in our minds in our investigation," said Sergeant Keith Atkinson, spokesman for the Saskatoon Police Service. "We're looking at all alternatives right now."

At the center of the litigation is Brooklyn-born Rabbi Steven Kaplan, who was hired in 1998 by Agudas Israel, then the city's only synagogue. He was fired in March 2000 following allegations, detailed in court documents, that he lacked proper ordination, sexually harassed female congregants and committed adultery with one of them.

Kaplan, 52, led a breakaway group of 50 dissidents, including some former officers of Agudas Israel, in forming a rival Conservative congregation called Shir Chadash. He is suing Agudas Israel for breach of his five-year contract, and is also suing for defamation over an article about him that was published in the Agudas Israel newsletter.

Meanwhile, his new congregation claims that Agudas Israel violated rabbinic canon law by operating a non-kosher kitchen and by burying cremated remains and suicide victims in the Jewish cemetery. Shir Chadash is suing Agudas Israel for all of its assets, including the building, cemetery, Torah and other sacred texts — some of which were destroyed in the firebombing.

Agudas Israel, in turn, is counter-suing Shir Chadash and specific members of its congregation for the damages it suffered through their defections. None of the allegations in the lawsuits has been proven in court.

But for all the allegations and litigation, no one in the Jewish community wants to believe that the animosity was at the root of the firebombing.

"If a police department is going to be worth anything, it can't discount anybody" as a suspect, said Kaplan. "But in my wildest dreams, I can't believe it would be somebody from my congregation."

Benjamin Goldstein, a provincial court judge and president of Shir Chadash, said "it's a stupid suggestion. If you're suing for your assets, why would you try to destroy them?"

Grant Scharfstein, past president of Agudas Israel, also discounted the possibility that anyone from the Jewish community might be involved in the attack. "We don't believe for a minute that it was anyone at Shir Chadash," he said. "That's absolutely nothing but sheer speculation, and it's not speculation that we accept. It's extremely embarrassing. We know those people. As difficult as things are between us, they would not do that."

Still, there's no denying the bitterness that developed after Kaplan was hired in 1998. Court documents filed by Agudas Israel detail a series of complaints against him, none of which has been proven in court.

One allegation, made by Agudas Israel, was that he made passes at female members and embarrassed them with lewd remarks. Agudas Israel also alleges that he carried on with a local Jewish woman while engaged to a Californian. According to the court documents, one synagogue member says the rabbi groped her in the cloakroom.

One male congregant filed for divorce, accusing his wife of committing adultery with the rabbi. Kaplan had counseled the couple on their marriage. The rabbi and the woman eventually lived together.

According to court documents filed by Agudas Israel, one of Kaplan's graduate degrees came from California Christian University, an institution that offers mail-order degrees, sometimes using life experience as an academic qualification. The documents also allege that the rabbi left the Hillel at the University of South Florida in 1988 after it raised questions about his behavior and qualifications.

Kaplan's lawyer has filed court documents denying all of the allegations. With the parties to the litigation still being deposed, Kaplan refused to discuss the details, but he said the effects have been "horrendous" on him and his family in the United States.

Goldstein, the breakaway congregation's president, says Kaplan was denied due process when Agudas Israel's board discussed its concerns over his rabbinic ordination. He maintains that Kaplan, "for the services which he is required to perform, is a sufficient rabbi."

He claims Kaplan angered the new, younger leadership of Agudas Israel when he began to object to certain practices. These included plans to hire a Catholic teacher for the congregation school, the playing of football at the synagogue by members' children on Shabbat and the improper burial of cremated remains and suicide victims in the congregation's cemetery.

"He stepped on toes by bringing these things up," Goldstein said.

Scharfstein said Agudas Israel "continues to be a member in good standing of the United Synagogue of Conservative Judaism. They are aware of what is going on here and certainly have offered their full support to us." Shir Chadash, though a Conservative synagogue, has not yet sought affiliation with United Synagogue.

When Goldstein approached Agudas Israel following the firebombing with an offer to help, the older congregation asked Shir Chadash to terminate its lawsuit.

Goldstein refused. "It's gone too far now," he said.

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A synagogue torn asunder - A rabbi denies charges he lied about his credentials as questions arise in firebombing

by Les Perreaux

National Post (Canada) - April 20, 2002

SASKATOON - When this city's main synagogue was firebombed earlier this month, the attack immediately sparked fears of an anti-Semitic backlash stemming from conflict in the Middle East.

Two days ago, rattled workers at the synagogue received another fright when someone sent a letter with a message printed on the envelope: "Contains absolutely no white powder." The bomb squad was called, and no dangerous substances were found.

The incident remains unsolved, as does the arson incident, which targeted valuable manuscripts. Unsolved also is a mysterious break-and-enter in 2000 in which documents were stolen but cash left untouched.

Saskatoon police are investigating a host of possibilities concerning the arson incident, including the possibility the attack was generated from within Saskatoon's tiny and fractured Jewish community. The synagogue of Congregation Agudas Israel is at the centre of a schism involving allegations of sexual impropriety, fake credentials and unholy conduct.

"We are aware that there is some discord in there, and we have to keep it in our minds in our investigation," said Sergeant Keith Atkinson, spokesman for the Saskatoon police service. "We're looking at all alternatives right now."

In addition to a new synagogue, Shir Chadash, the strife has generated four lawsuits involving at least two-dozen people in a community of about 200 practising Jews.

"It's a terrible thing. A terrible thing," said Benjamin Goldstein, a respected Saskatoon judge who broke away from the older congregation to start Shir Chadash.

Judge Goldstein, president of the new synagogue tells a joke in an attempt to outline the plight of Jews in Saskatoon:

"A Jewish man was marooned on an island. When he was found years later, he was proud of all he had accomplished, so he had to show his rescuers the house he built and the two synagogues he had built. Someone asked him, 'Why would you need two synagogues?' He answered: 'Well, this one I attend, and the other is the one I wouldn't be seen dead in.' So there you are. It would be funny if it weren't so tragic."

Controversy found Saskatoon's Jewish community in 1998 when a charming new rabbi came to town. Steven Kaplan, a native of New York City with an impressive singing voice, was hired in the autumn of 1998 to breathe new life into the 90-year-old organization.

Mr. Kaplan arrived claiming impressive credentials, including two PhDs and all of the other requirements for a conservative rabbi. He was also hired for the light and joyous touch he promised to bring to Jewish education. "I am not a glorified page turner," he told a local newspaper in 1998.

With previous experience ministering to students in Florida, Mr. Kaplan was hired with the expectation that he would attract young Jews back into the synagogue. The charismatic rabbi led his congregants with charm and an accent reflecting his Brooklyn roots.

However Mr. Kaplan's ministrations quickly divided his flock. According to documents filed in court in a myriad of lawsuits and counter-claims, allegations soon surfaced that Mr. Kaplan was making passes at female congregants and embarrassing them with lewd remarks.

According to court documents, one woman says she was groped in the synagogue cloakroom by the rabbi. Mr. Kaplan was accused of carrying on relationships with a local Jewish woman while he was engaged to be married to a Californian.

One male congregant filed for divorce, accusing his wife of committing adultery with the rabbi. Mr. Kaplan had counselled the couple on their marriage. The rabbi and the woman eventually lived together.

In August 1999, after less than a year of employment, Jewish leaders in Saskatoon received an anonymous letter from Philadelphia questioning the rabbi's credentials. According to Agudas Israel leaders, further investigation showed that Mr. Kaplan's ordination documents were from unrecognized institutions.

According to court documents, one of his graduate degrees allegedly came from California Christian University, an institution that offers mail-order degrees, sometimes using life experience as an academic qualification.

The court documents also allege the rabbi left the Hillel Foundation chapter at the University of South Florida in 1988 after questions were raised about his behaviour and qualifications. Further, the documents claim that in 1990 Mr. Kaplan was asked to leave Temple Beth El in Bradenton, Fla.

Mr. Kaplan's lawyer has filed court documents denying all of the allegations.

Reached at his Saskatoon home this week after giving hours of evidence in secret pre-trial hearings for one of the lawsuits, Mr. Kaplan said he could not discuss specific accusations for legal reasons. He is also suing the Agudas Israel congregation for unlawful conduct and false dismissal.

Mr. Kaplan expressed resentment at the allegations against him. "As I've said to you before, who shot JFK? You can say that I shot JFK, but my response is, 'Prove it.' Listen, it's obvious I'd like to talk to you or somebody about this, to vent if nothing else. But right now it's gotta be my pillow or my teddy bear."

Early in 2000, the Agudas Israel leaders demanded that the rabbi produce his credentials. He refused. He was fired on March 2, 2000, 16 months after his heralded arrival in Saskatoon.

"I warned him to stop ... his inappropriate comments and remarks to women in the congregation," said Grant Scharfstein, a Saskatoon lawyer and former president of the Agudas Israel congregation, in a sworn affidavit filed in court. "The results of our investigation were disturbing, to say the least. They raised serious concerns about [Mr.] Kaplan's past work history, integrity, ethical and moral character, qualifications and credentials."

The leadership of Agudas Israel did not respond to numerous interview requests.

In 2000, Mr. Kaplan established a new congregation comprising about 50 of Saskatoon's practising Jews, including two prominent judges and other devout leaders in the city.

He called his new congregation Shir Chadash, Hebrew for "new song."

Judge Goldstein said he was disgusted with how Mr. Kaplan was treated by the Agudas Israel leadership. He said the allegations are part of a campaign to destroy the rabbi's reputation.

"They sure didn't act in the way a synagogue should act. I told them if you do this, then you're going to have your dirty linen washed in public. You're going to have a non-Jewish judge sit in judgment on synagogue matters," the judge said.

"As for Rabbi Kaplan, they've wrecked his life, really. They've wrecked his career. You take the most endearing, lovable Catholic priest. If there is ever a suggestion that he molested a choir boy, and he's completely exonerated he's still wrecked."

Judge Goldstein said members of the new congregation were also disturbed at how Agudas Israel, supposedly a conservative synagogue, had slipped in its standards of applying Jewish law.

The members of the new congregation say the 90-year-old rival maintains a non-kosher kitchen in the synagogue and allows the burial of cremated remains and suicide victims in the Jewish cemetery, as well as other alleged deviations from conservative Judaism.

Shir Chadash is suing the senior congregation in the city for all its assets, including the synagogue, cemetery, Torah and other sacred texts, some of which were destroyed in the firebombing earlier this month.

Shir Chadash, which runs its services out of a community centre, claims to be "the true representative" of the conservative Jewish beliefs.

"They've betrayed the founding reasons for their existence, we are carrying on in the proper tradition. We contributed long before these young people who are running the place now came on the scene," Judge Goldstein said.

After someone threw a Molotov cocktail into the basement of the Agudas Israel synagogue April 5, national Jewish leaders immediately condemned the attack and connected it to ongoing violence in the Middle East between Palestinians and Israelis.

Jewish community archives and old religious texts worth about $100,000 were destroyed. The fire caused about $30,000 in smoke and water damage to the building.

Lorne Calvert, the Premier of Saskatchewan, issued a statement saying he believed the synagogue was targeted beyond a random act of vandalism. The Canadian Jewish Congress offered condolences to the Saskatoon congregation and condemned anti-Semitic violence, saying there have been nearly 50 reports of violence of this nature, including five fires at Jewish institutions, since the latest fighting erupted in the Middle East between Palestinians and Israelis.

The day after the attack, Judge Goldstein went back to his old synagogue to express his condolences and offer help.

Even the firebombing could not bring the city's Jews together.

"It was a little bit of a cold reception, I must say," the judge recalled.

Later he sent a letter to Suzanne Kaplan, the Agudas Israel president and no relation to Rabbi Steven Kaplan, offering help without condition.

Ms. Kaplan replied by thanking the judge for his kindness. "We are rebuilding but insurance will only cover so much. We will be required to incur expensive expenses to repair the damage, rebuild our library and significantly enhance our security," Ms. Kaplan wrote. "It would be of great assistance if you would discontinue your lawsuit against our congregation."

Judge Goldstein and the Shir Chadash congregation declined the suggestion.

"It's gone too far now," he said.

While even an arson attack cannot bridge the impasse between the two factions, many of Saskatoon's Jews bristle at the suggestion that internal struggle could be as plausible an explanation for the firebombing as pro-Palestinian violence in this quiet town.

"Does it shock me that the insinuation is out there? No. Is it true? I don't know, I don't even want to dignify such an insinuation with a response," Mr. Kaplan said.

Judge Goldstein added that his new group wants the building and old texts that were damaged by the attack.

"I'm not a policeman, but why would anyone who is suing for recovery of assets try to damage those assets? It's stupid. It really hurts me, this suggestion that we would even dream of doing something so dastardly," he said.

"I think this is either the act of a person who is filled with a very great hate for Jews, or just a kook or a young punk who saw it was done in Paris, France and thought maybe it would be fun to do here. I can't think of anyone in our synagogue or even their synagogue who would do such a thing."

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Kaplan v. Congregation Agudas Israel

[2001] Sask. D. 770.21.30.40-01

Sask. Q.B., Q.B.G. J.C. S., 1283/2000

D.H. Wright, J.

Friday, January 5, 2001

(10 pages)

PRACTICE - Discontinuance and dismissal - Dismissal - Frivolous, vexatious, abuse of process.

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Members of an ad hoc committee are protected as agents of a corporation unless there was a lack of good faith, which must be pleaded.

Decision: Application dismissed.

Facts: The plaintiff was employed as rabbi of the defendant congregation. The congregation terminated the plaintiff's employment. Prior to the termination a committee was struck to carry out an inquiry into the various allegations of wrong doing that had been made against the plaintiff.

The committee consisted of the individual defendants. The plaintiff claimed damages from these defendants and blamed them for his termination. The individual defendants applied to strike out the plaintiff's action as scandalous, frivolous or vexatious or an abuse of process.

Reasons: Members of an ad hoc committee were protected as agents of the defendant corporation if they acted in good faith. The plaintiff here directly raised the allegation of mala fides or at the least the lack of good faith.

C.C. Boychuk for Plaintiff;

D.A. Shapiro, Q.C. and G.D. Dufour for Defendants.

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Rabbinical Counseling
By Rabbi Steven J. Kaplan
Published 2011

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Applied Judaism
By Rabbi Steven J. Kaplan

Published 2011

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On Comforting Wings
By Rabbi Steven J. Kaplan

Published 2011

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"Never doubt that a small group of thoughtful, committed citizens can change the world. Indeed, it is the only thing that ever has."--Margaret Mead
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Thursday, August 10, 2000

Case of Rabbi Steven J. Kaplan

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