Medics probe boundaries of doctor-patient relationship

Wouldn't a rabbi having sex with congregants fall under the same category as a doctor having sex with a patient?

________________________________________________________________

Medics probe boundaries of doctor-patient relationship
By Leslie Katz
Jewish Weekly Bulletin of San Francisco - October 8, 2002

It doesn't take a medical ethics board to conclude that a doctor having sex with a patient violates the trusted physician-patient relationship.

But what about other, less extreme behavior? Does seductive language constitute an ethical infraction? Can a physician treat the accountant who prepares his taxes? Can a doctor hug a patient at the end of a visit? Harvard psychiatrist Dr. Carol Nadelson explored boundaries in the doctor-patient relationship, and who might be most likely to cross them, at a session of the 10th annual International Conference on Jewish Medical Ethics last weekend. More than 400 attended the four-day conference, co-sponsored by the San Francisco Hebrew Academy.

Rabbi Dr. Tzvi Hersh Weinreb

Tzvi Hersh Weinreb, a congregational rabbi and psychotherapist in Baltimore, added a Jewish ethical perspective to the discussion at the Park Plaza Hotel in Burlingame.

The question "Who am I?" is paramount, the rabbi said. "Often the answer determines what is right. Out of the answer should come ethical guidelines."

He asked those attending the conference session to answer the question "Who am I?" 10 times in writing. People jotted down answers ranging from personality traits to nouns such as "father" and "daughter." "If one of the answers was `physician,' that means you have a higher standard, a different standard than other people," Weinreb said. "I stand in a tradition of physicians going back to Hippocrates, to Maimonides." Nadelson's overview made it clear that a discussion of doctor-patient boundaries comprises a broad rubric. "We have a spectrum that requires judgment and careful thinking," she said.

"An essential component of professional conduct is respect for the patient's dignity," she added. "This includes the physician's language."

Violations can be major or minor, she pointed out, ranging from the most extreme cases of sexual assault to the giving or accepting of certain kinds of gifts.

Even "calling a patient by their first name without asking for permission can be a problem."

In cases involving sexual contact, doctors are often clinically depressed or addicted to alcohol or drugs, said Nadelson, a professor of psychiatry at Harvard Medical School. Less often, they suffer from character pathologies, such as narcissism or paranoia.

As for the patients involved, "there is no one profile," she said.  "Regardless of any patient provocation, it's always the doctor's responsibility." However, patients are likely to share common aftershocks: a sense of betrayal, abandonment, shame and guilt.

In assessing possible boundary violations, Nadelson stressed the importance of context. While taking a routine medical history, a doctor may ask a question perceived by a patient as offensive or irrelevant.  For that reason, she said, "it's terribly important" that physicians explain why they're asking a given question. Similarly, a friendly or comforting hug may be uncomfortable for certain
patients. "Those with histories of sexual abuse may experience a hug or a kiss as an assault, a repeat of early boundary violations," she said. Like Nadelson, Weinreb considered the question of boundary violations in a broad context.

"I have seen sexual transgressions, but there are others for sure," he said. Among them is the failure to respect cultural diversity.

For example, Weinreb has been asked to serve as an expert witness in a case against a prominent psychotherapist in his area. Several patients were outraged when, speaking of spiritual aridity in their lives, the doctor suggested spiritual paths, including Jews for Jesus.

Surprisingly, however, Weinreb pegged arrogance as "the worst boundary violation of all.

"A passage in the Talmud says, `I can't live in the same world as an arrogant person,'" he said. "A humble person knows full well who he is. On the heels of humility comes true piety, true devotion."

______________________________

Note from The Awareness

Rabbi Tzvi Hersh Weinreb, the the former Executive Vice President of the Orthodox Union and  formally was  the rabbi of Congregation Shomrei Emunah in Baltimore. 

 

Rabbi Weinreb, who earned a Ph.D. in Psychology from the University of Maryland, was a member of the Executive Committee of the Rabbinical Council of America and Vice President of the Rabbinical Council of Greater Baltimore. In addition, he is a member of the Ethics Committee of the Veterans Administration Hospital. A licensed psychotherapist, Rabbi Weinreb is also Rabbinic Liaison for NEFESH: North American Network of Orthodox Mental Health Professionals. Rabbi Weinreb is married to the former Chavi Taub. They have three children and nine grandchildren.

Confidentiality of Statements Made to Rape Crisis Personnel

Ill. Rev. Stat. Ch. 110, sec. 8-802.1; 735 ILCS 5/8-802.1

For more information contact:  

Illinois Coalition Against Sexual Assault,

123 S. 7th St., Ste. 500, Springfield, IL 62701-1302

(217) 753-4117

(a) Purpose. This Section is intended to protect victims of rape from public disclosure of statements they make in confidence to counselors of organizations established to help them. On or after July 1, 1984, "rape" means an act of forced sexual penetration or sexual conduct, as defined in Section 12-12 of the Criminal Code of 1961, as amended, including acts prohibited under Sections 12-13 through 12-16 of the Criminal Code of 1961, as amended. Because of the fear and stigma that often results from those crimes, many victims hesitate to seek help even where it is available at no cost to them. As a result they not only fail to receive needed medical care and emergency counseling, but may lack the psychological support necessary to report the crime and aid police in preventing future crimes.

(b) Definitions. As used in this Act:

1. "Rape crisis Organization" means any organization or association the major purpose of which is providing information, counseling, and psychological support to victims of any or al of the crimes of aggravated criminal sexual assault, criminal sexual assault, sexual relations between siblings, criminal sexual abuse and aggravated criminal sexual abuse.

   
   



2. "Rape crisis counselor" means a person who is a psychologist, social worker, employee, or volunteer in any organization or association defined as a rape crisis organization under this Section, who has undergone 40 hours of training and is under the control of a direct services supervisor of a rape crisis organization.

   
   



3. "Victim" means a person who is the subject of, or who seeks information, counseling, or advocacy services as a result of an aggravated criminal sexual assault, criminal sexual assault, sexual relations within families, criminal sexual abuse, aggravated criminal sexual abuse, sexual exploitation of a child, indecent solicitation of a child, public indecency, exploitation of a child, or an attempt to commit any of these offenses.

   
   



4. "Confidential communication" means any communication between a victim and a rape crisis counseling in the course of providing information, counseling, and advocacy. The term includes all records kept by the counselor or by the organization in the course of providing services to an alleged victim concerning the alleged victim and the services provided.

(c) Waiver of privilege:

1. The confidential nature of the communication is not waived by the presence of a third person who further expresses the interests of the victim at the time of the communication; group counseling; or disclosure to a third person with the consent of the victim when reasonably necessary to accomplish the purpose for which the counselor is consulted.

   
   



2. The confidential nature of counseling records is not waived when: the victims inspects the records, or in the case of a minor child less than 12 years of age, a parent or guardian' whose interest are not adverse to the minor inspects the records; or in the case of a minor victim 12 years or older, a parent or guardian whose interests are not adverse to the minor inspects the records with the victim's consent.

   
   



3. When a victim is deceased or has been adjudged incompetent by a court of competent jurisdiction, the victim's guardian or the executor or administrator of the victim's estate may waive the privilege established by this Section, unless the guardian, executor, or administrator has an interest adverse to the victim.

(d) Confidentiality. Except as provided in this Act, no rape crisis counselor shall disclose any confidential communication or be examined as a witness in any civil or criminal proceeding as to any confidential communication without the written consent of the victim or a representative of the victim as provided in subparagraph (e).

(e) A rape crisis counselor may disclose a confidential communication without the consent of the victim if failure to disclose is likely to result in a clear, imminent risk of serious physical injury or death of the victim or another person. Any rape crisis counselor or rape crisis organization participating in good faith in the disclosing of records and communications under the Act shall have immunity from any liability, civil, criminal or otherwise that might result from the action, In any proceeding, civil or criminal, arising out of a disclosure under the Section, the good faith of any rape crisis counselor or rape crisis organization who disclosed the confidential communication shall be presumed.

(f) Any rape crisis counselor who knowingly discloses any confidential communication in violation of the Act

Commits a Class C misdemeanor.

NCSY Conduct Policy and Behavioral Standards

NCSY Conduct Policy and Behavioral Standards

Table of Contents: 

1. REPORTING ABUSE TO THE GOVERNMENT
2. HALAKHA
3. UNACCEPTABLE BEHAVIOR
4. ABUSE OR HARASSMENT
5. SEXUAL ABUSE
6. HARASSMENT
7. WELCOMENESS
8. SEVERITY, PERSISTENCE and PERVASIVENESS
9. GENDER BASED HARASSMENT
10. INDIRECT HARASSMENT
11. POWER-IMBALANCED ROMANTIC RELATIONSHIPS
12. DATING
13. PERMITTED PHYSICAL CONTACT
14. DISCIPLINE
15. PHYSICAL FORCE
16. MANIPULATION AND CONTROL
17. NCSY PARTICIPANT BEHAVIORAL STANDARDS
18. UNACCEPTABLE BEHAVIOR
19. Procedures of the office of Ombudsman

____________________________________________________________________________________

NCSY Conduct Policy and Behavioral Standards
Orthodox Union.org - October 6, 2002
http://www.ou.org/oupr/2000/comm/conduct.htm


NCSY is committed to providing a safe and appropriate environment for all participants and employees. All NCSY Staff members are expected to positively contribute to this environment.

As part of NCSY's goal of deepening Jewish identity and encouraging greater Torah commitment, all NCSY Staff shall encourage participants' self-confidence, rooted in self-competence. NCSY should endeavor to help the adolescents in their charge grow and become who they can be within their familial context.

NCSY Staff must work to maintain and ultimately enhance participants' relationships with and respect for their parents, and work to help children learn how to develop a wide range of good relationships with peers, school personnel, and members of their community. When a conflict arises between NCSY and parents a mediating authority agreeable to both should be consulted. NCSY Staff should encourage respect for diversity and multiple sources of guidance in those NCSYers for whom they serve as mentor.

To achieve these goals, all NCSY Staff and NCSYers are expected to adhere to the Conduct Policy and Behavioral Standards in this document. This policy applies to all NCSY operations and programs, as well as to contacts between Staff, or between Staff and members, that take place outside the context of NCSY.

NCSY will send a copy of this Conduct Policy and Behavioral Standards to all Synagogue Rabbis, Presidents, and Youth Chairpersons of synagogues sponsoring Chapters. It is essential that all affected persons understand the policy and how to respond if they feel they are being harassed or abused.

NCSY as an organization, and all NCSY Staff as individuals, are committed to the NCSYers' physical safety, and to respecting modesty and dignity regarding all personal and sexual matters in both deed and word. NCSY Staff must refrain from any deed or word that is injurious or demeaning in these matters.

Any allegations of abuse or harassment should be reported promptly to the NCSY National Ombudsman at 212-613-8361, or if the complainant is more comfortable they can contact their Regional Director or the National Director according to the procedure at the end of this document.

None of the above-mentioned reporting normally constitutes impermissible Lashon HaRa or any violation of any other Jewish Laws of Proper Speech. NCSY will not retaliate in any way against any Staff member, NCSYer or parent who reports a violation, or who assists in the investigation of a complaint.

____________________________________________________________________________________

Reporting Abuse To The Government

Each Government and State has its own laws regarding the responsibility of reporting suspected abuse. Regional and Program Directors are expected to be aware of the law and are expected to follow it. The US Department of Health and Human Services offers the following web site and hotline for information on laws in each state http://www.calib.com/nccanch/index.cfm or 1-800-4-A-CHILD (1-800-422-4453). This hotline is available 24 hours a day, seven days a week. The Hotline can tell you where to file a report and can help make the report. Health Canada has a similar web site at http://www.hc-sc.gc.ca/hppb/familyviolence/child.htm

____________________________________________________________________________________

Halakha

Halakha (Jewish Law) must be observed by all participants at all NCSY events. Shabbat must be observed at all times during a Shabbaton, whether during group programs or free time.

All halakhot of physical contact ("Negiah") must be observed at all times. Physical contact between members of the opposite gender is prohibited except to protect or safeguard someone in immediate physical danger, or to protect or safeguard synagogue or private property from immediate danger.

All halakhot of Yichud must be followed at all times. NCSY discourages activities and situations that leave two individuals alone, even when the technical violation of Hilkhot Yichud is not involved.

While respect can be communicated by gesture and tone of voice, language is the most powerful tool for conveying it. "Nekiyut HaLashon", cleanliness of language, serves as the standard that should guide everyone. Words should be chosen with regard to their impact upon the listener, and should confirm his or her sense of self-worth.

____________________________________________________________________________________

Unacceptable Behavior

While the overwhelming majority of interactions between NCSY Staff and NCSYers fall well within the range of normal healthy relationships, certain behavior should be regarded as incompatible with NCSY's goals and standards and therefore always prohibited.

The following behavior is incompatible with NCSY's goals and is therefore unacceptable:

mocking, ridiculing, berating, or any other speech that deliberately hurts the feelings of an NCSYer,
unwanted sexual attention in the form of remarks, jokes or innuendo about a person's body or clothing, or sexual activity,

denigration, public or private, of parents or their central role in the lives of their children,
denigration, public or private, of religious institutions or their leaders, including local synagogues and their Rabbis, as well as yeshivot and their administration and faculty, psychological manipulation or control of NCSYers by staff. Among the identifying hallmarks of this are attempts to restrict, rather than to widen, the range of resource persons with whom NCSYers develop relationships, and attempts to eliminate parents as critical influences in an NCSYer's life. The psychological health of each NCSYer must be protected just as their physical safety is protected.

____________________________________________________________________________________

Abuse or HarassmentChild abuse, Abandonment, Cruelty and Neglect, includes, but is not limited to, unwelcome physical and emotional harassment, and physical injury.

The United States Office of Civil Rights, under Title IX of the Civil Rights Act, defines sexual harassment as unwelcome activity in two categories, which are described further below: "Quid Pro Quo Harassment" and "Hostile Environment Harassment."

• any demeaning or exploitative behavior of a sexual nature, including threats of such behavior,
• displaying demeaning, suggestive, or pornographic material,
• unwelcome physical contact, such as inappropriate touching, patting, pinching, punching, and physical assault,
• indirect or explicit invitations to engage in unwelcome sexual activities which may or may not include a promise of reward for complying or a threat of reprisal for not complying.

Sexual abuse or harassment shows no preference for age, race, appearance, or occupation. It usually happens to females, but males may be victims, too. The abuser/harasser and victim may be of opposite sex or the same sex. It may involve the abuse of:

• an NCSYer by a paid or volunteer staff member,
• an advisor by a regional or national staff member or another advisor,
• a staff member by another staff member,
• an advisor or staff member by an NCSYer,
• an NCSYer by another NCSYer.

____________________________________________________________________________________

Harassment is defined as unwelcome physical, verbal, visual, or behavioral mannerisms or conduct that denigrates, shows hostility or aversion towards an individual because of his or her sex or other legally protected characteristics, where

submission to or rejection of such conduct is made (explicitly or implied) a term or condition of employment, maintaining their volunteer position (chapter board, regional board, etc.), participation in NCSY activities or the granting of preferential treatment (awards, recommendations, scholarships, etc.) This is known as "Quid Pro Quo Harassment";

submission to or rejection of such conduct by an individual is used as a basis for evaluation in making personnel or leadership decisions affecting an individual. This is also known as "Quid Pro Quo Harassment";

such verbal or physical conduct has the effect of interfering with an individual's work, participation in NCSY activities, or living conditions, or creates an intimidating, hostile, or offensive environment. This is commonly known as "Hostile Environment Harassment".

____________________________________________________________________________________

Welcomeness
Conduct is unwelcome if the recipient did not request or invite it and regarded the conduct as undesirable or offensive. Acquiescence in the conduct or the failure to complain does not always mean that the conduct was welcome.

If younger children are involved, it may be necessary to determine the degree to which they are able to recognize that certain sexual conduct is conduct to which they may or should reasonably object and the degree to which they can articulate an objection.

NCSY is particularly concerned about harassment by a person in a position of authority, since in these cases victims often feel less able to express that the conduct is unwelcome.

____________________________________________________________________________________

Severity, Persistence and Pervasiveness
Hostile environment sexual harassment is created if conduct of a sexual nature is sufficiently severe, persistent, or pervasive to limit the victim's ability to participate in or benefit from the educational program or to create a hostile or abusive educational environment.

____________________________________________________________________________________

Gender Based Harassment
Sexual harassment may occur between members of the same or opposite sex. Further, harassment based on a person's sex is not limited to instances involving sexual behavior. That is, harassment on the basis of sex may occur without sexual advances or sexual overtones when conduct is directed at individuals or groups because of their sex. This is often referred to as sex or gender harassment and violates this policy.

____________________________________________________________________________________

Indirect Harassment
A person does not have to be the direct and immediate target of sexual harassment to complain about it. Harassing behavior toward others may be so offensive, demeaning or disruptive as to constitute a hostile environment, though not specifically directed at the observer or individual lodging the complaint.

____________________________________________________________________________________

Power-Imbalanced Romantic Relationships
The difference in power and the respect and trust that is often present between an advisor and NCSYer, supervisor and subordinate, or senior and junior colleague in the same department or unit makes these sexual relationships especially vulnerable to exploitation. Those who abuse their power in such circumstances by, for example, granting preferential treatment to a member who has submitted to sexual favors may be found to have violated this policy. "Voluntary" participation in a romantic relationship does not alone demonstrate that a romantic partner's conduct was welcome.

____________________________________________________________________________________

Dating
Attempts by NCSY Staff to establish a dating relationship with an NCSYer are strictly prohibited, with no exceptions, as they are contrary to a healthy mentor-NCSYer or supervisory relationship. A dating relationship is not only incompatible with mentoring and supervising, but can also give the impression of coercion, and can lead to at least the appearance of playing favorites. In addition, a dating relationship between an NCSY Staff person and an NCSYer may fall into the category of a "power-imbalanced romantic" relationship.

Therefore, violations of this prohibition are grounds for immediate dismissal.

It is understood that dating between Staff members might also potentially fall under the category of "power-imbalanced" relationships. However, understanding the importance of such interactions, rather than prohibiting outright all such relationships, it is the responsibility of the Regional Director to the best of his or her ability to monitor all such relationships to assure that they not fail this critical test.

____________________________________________________________________________________

Permitted Physical Contact
NCSY Staff and an NCSYer of the same gender, or two NCSYers of the same gender, are welcome to engage in normal physical contact such as hugging or touching as an act of encouragement or consolation. This is permitted as long as the contact is both welcome and appropriate and not of a sexual nature.

Similarly, normal aggressive contact, such as that which would take place in a basketball or football game, or arm-wrestling is permitted as long as the activity is appropriate, welcome, and is not of a sexual nature.

____________________________________________________________________________________

Discipline
All NCSY Staff present at an event are expected to help the program organizers run their programs. All NCSY Staff members are expected to keep order and usher NCSYers in a respectful but firm manner. Should an NCSYer remain uncooperative, the Staff member involved should inform the Regional Director or person running the event for disciplinary procedures.

____________________________________________________________________________________

Physical Force
Physical force may never be used other than to safeguard against immediate physical danger to another person, to a sacred religious object, or to property if the results of damaging the property would cause physical danger to an individual. It certainly may never be used as a means to discipline a recalcitrant NCSYer.

____________________________________________________________________________________

Manipulation and Control
NCSY is committed to fostering healthy teen development, development of Torah middot, respect for all parents, respect for Torah institutions, and respect for all people. While teenagers often begin to rely more on peers as they attempt to establish their independence, NCSY should encourage the long-term primary role of family in the NCSYer's life.

NCSY regards the following as important to healthy adolescent development:

Recognizing that the chief goal in parent-child relations is the transformation of the relationship from one in which parents decide for children to one in which children learn to make sound and informed decisions with their parents as their most valued advisors,
Helping the NCSYer to develop self-confidence rooted in self-competence as he or she expands the range of skills that he or she can successfully employ, and the range of people and resources upon which he or she can draw.

In keeping with these goals, all NCSY Staff should always speak respectfully when addressing or speaking about NCSYers, their parents, their schools, Rabbis, shuls, etc. In addition, they should be sensitive to issues that may arise and foster respect for a persons right to a varying point of view. NCSY staff should listen and help NCSYers clarify their thoughts, concerns and feelings and attempt to inspire greater Torah observance. However, they should avoid coercing NCSYers by:

Applying negative pressure and fear to achieve a desired result. For example making an NCSYer feel that he or she will not be accepted if an undesired conclusion is reached.

Exerting emotional encouragement so strongly that the individual perceives emotional pressure.
Making the NCSYer to staff relationship conditional upon their decision.

Adolescent life is often a time of turmoil, distress and conflict. Extreme reactions to people, places and things are quite common during this stage of development. NCSY Staff must be especially careful not to allow an adolescent's normal occasional tendency toward "hero worship" to be transformed into an unhealthy relationship with a member of NCSY Staff. NCSY Staff shall be sensitive to such situations as they develop, and will endeavor to see that NCSYers are referred to the appropriate resources for assistance in dealing with them.

If it is brought to the attention of an advisor that his/her attempt to recommend a particular school or program is causing conflict with the parents of the NCSYer then the advisor should inform the Regional Director who should then consult with the NCSYer's parents.

____________________________________________________________________________________

NCSY Participant Behavioral Standards
In addition to adherence to the above policies and standards, NCSYers also have a responsibility to conduct themselves properly at all NCSY events and in all NCSY interactions.

The most important elements in proper NCSYer behavior are to treat both NCSY Staff and each other with the personal respect that lies at the heart of healthy personal relationships, and to follow Staff directions and instructions.

Events, that involve both trips and multiple chapters present require tight organization and diligent compliance. Clear organization and complying promptly with directions and instructions are vital to both the success of the particular event and the safety of the participants.

If an NCSYer violates the rules, or in any emergency situation which occurs at such an event, the Regional Administrator in charge of the event shall take whatever action he or she deems necessary within the parameters of this policy, and as soon as possible afterwards shall report the entire matter to the Regional Director, who shall promptly report it to the local Adult communal leader of the NCSYer's Chapter, and if necessary, to the NCSYer's parents.

Adult communal leaders should take lead responsibility, in consultation with NCSY, to inform parents of serious NCSYer misconduct, especially any misconduct that may lead to an NCSYer's suspension or expulsion, even though the misconduct itself is not illegal. The Adult communal leaders may seek assistance, where necessary, from outside consultants and mental health professionals, as well as from NCSY Staff where appropriate.

____________________________________________________________________________________

Unacceptable Behavior
Beyond making mutual respect the cornerstone of personal relationships, and beyond following directions and instructions, there are specific behavioral standards that apply to NCSYers.

• NCSYer abuse of staff will not be tolerated.
• Any behavior that threatens the safety of program participants will not be tolerated.
• Violence, depending on the seriousness of the act, may also result in referral to law enforcement authorities.
• Foul, obscene or profane language of any sort (verbal, written or electronic) is unacceptable.
• Smoking at an NCSY event may be grounds for immediate dismissal from the event at the earliest practical time
• Drinking of alcoholic beverages at an NCSY event may be grounds for immediate dismissal from the event at the earliest practical time.
• Use of illegal drugs and controlled substances at an NCSY event is grounds for immediate dismissal from the event at the earliest practical time, and may be subject to further disciplinary action.
• Bringing illegal weapons (such as guns, switchblades, sharpened box cutters, and sharpened screwdrivers) to an event will result in confiscation of the weapons, expulsion from the event at the earliest practical time, and may also be referred to the appropriate law enforcement authorities. Other items that are intrinsically dangerous will be confiscated for the event, and those who brought them may be subject to further disciplinary action. (Swiss Army knives, or small pocket knives, which are as much tools as knives, are generally permitted. In specific situations, however, the Regional Administrator in charge of the event may confiscate them at his or her discretion for the period of the event.)

NCSY Staff shall be sensitive as to which breaches of standards indicate the need to refer the problem to professional outside resources for further resolution.

____________________________________________________________________________________

Procedures of the office of Ombudsman

I. Reporting Procedures
The Orthodox Union Board of Trustees through its subcommittee National Youth Commission created the Office of the Ombudsman ("Ombudsman") to receive reports or complaints of harassment or abuse or any violation of the standards herein from any individual or victim of harassment. If the complaint involves the Ombudsman, it should be filed directly with the Chairperson of the Board of Trustees.

Any NCSY student or staff member, who believes she or he has been the victim of harassment or any third person (including but not limited to a parent or guardian of a minor) with knowledge or belief of conduct that may constitute harassment should report the alleged acts immediately (or at any later date that he or she feels comfortable) to the NCSY Ombudsman as designated by this policy. Anyone with a complaint may also contact the Regional or National Director if that is more comfortable. NCSY encourages the reporting party or complainant to use the report forms available from any NCSY Regional Office; however, use of the formal reporting form is not mandatory.

Any NCSY staff member who has or receives notice that a student member has been the victim of harassment is required to immediately report the alleged acts to the NCSY Ombudsman as designated by this policy

NCSY will respect the confidentiality of the complainant and the individual(s) against whom the complaint is filed as much as possible, consistent with NCSY's legal obligations and the necessity to investigate allegations of harassment and take disciplinary and other appropriate action, as necessary. No person named in a complaint will have any part of the review of that complaint. Submission of a complaint or report of harassment will not affect the future membership or status of any individual with NCSY.

Complainants should report any alleged acts of harassment directly to the Ombudsman. However, if the Regional Director receives a report, the Regional Director must notify the Ombudsman within 24 hours without screening or investigating the report. The Regional Director may request but may not insist upon a written complaint. As soon as practical, the Regional Director will forward a written statement of the facts alleged to the Ombudsman. If the report was given verbally, the Regional Director shall personally reduce it to written form within 72 hours and forward it to the Ombudsman. Failure of the Regional Director or any NCSY staff member to forward any harassment report or complaint as provided herein, will be considered a breach of responsibility.

II. Investigation and Recommendation (back)
The Ombudsman, upon receipt of a report or complaint alleging harassment shall immediately conduct an investigation. Due to geographic constraints the ombudsman will arrange to have a group of three professionals recommended by the youth commission of each region outside the New York metropolitan area and approved by the Ombudsman, consisting of a rabbi, attorney and a mental health professional available to assist if necessary in the investigation supervised by the Ombudsman. Regions in the New York metropolitan area will utilize those professionals from among members of the National Youth Commission. The Ombudsman shall promptly notify the NCSY National Director and the relevant Regional Director once a complaint has been made and shall provide a written report of the status of the investigation to the NCSY National Director within 10 working days. If the report or complaint involves the National Director or the Regional Director, the Ombudsman shall notify the Chairperson of the Board of Trustees or its subcommittee National Youth Commission and provide the written status report to the Chairperson. The right to confidentiality of both the complainant and the accused will be respected consistent with NCSY's legal obligations and the necessity to investigate allegations and punish substantiated misconduct.

In determining whether alleged conduct constitutes harassment, the surrounding circumstances, the nature of advances, relationships between the parties involved and the context in which the alleged incidents occurred should be considered. Whether a particular action or incident constitutes harassment requires a determination based on all the facts and surrounding circumstances.

The investigation may consist of personal interviews with the complainant, the individual(s) against whom the complaint is filed, and others who may have the knowledge of the alleged incident(s) or circumstances giving rise to the complaint. The investigation may also consist of any other methods and review of documents deemed pertinent by the Ombudsman.

NCSY may take immediate steps, at its discretion, to protect the complainant, as well as other NCSY members, pending completion of an investigation of alleged harassment.

The Ombudsman shall make a report to the NCSY National Director and the Board of Trustees or its subcommittee National Youth Commission upon completion of the investigation. A verbal report shall also be given to the accused and the complainant and/or his or her parents. The ombudsman shall use discretion and seek legal advice to determine if the report will be presented in writing.


III. NCSY Action
Upon receipt of a recommendation that a report or complaint of harassment is substantiated, the Board of Trustees or its subcommittee National Youth Commission will take such disciplinary action as it deems necessary and appropriate, including issuance of a warning, a suspension or immediate discharge to end the harassment and prevent its recurrence.

NCSY will verbally report the result of the investigation and any disciplinary action taken as a result of the complaint to the accused and the complainant and/or his or her parents. The ombudsman shall use discretion and seek legal advice to determine if the report will be presented in writing.

NCSY would like to thank and give credit to all the many people who contributed to this document.

____________________________________________________________________________________

FAIR USE NOTICE
Some of the information on The Awareness Center's web pages may contain copyrighted material the use of which has not always been specifically authorized by the copyright owner. We are making such material available in our efforts to advance understanding of environmental, political, human rights, economic, democracy, scientific, and social justice issues, etc.

We believe this constitutes a 'fair use' of any such copyrighted material as provided for in section 107 of the US Copyright Law. In accordance with Title 17 U.S.C. Section 107, the material on this site is distributed without profit to those who have expressed a prior interest in receiving the included information for research and educational purposes.

For more information go to: http://www.law.cornell.edu/us code/17/107.shtml . If you wish to use copyrighted material from this update for purposes of your own that go beyond 'fair use', you must obtain permission from the copyright owner.

____________________________________________________________________________________

"Grooming" or Setting Up Your Victim

by Ken Singer, LCSW

Most offenders do not like to think or admit that they planned their offenses. The idea that you set up a situation to sexually assault a child or vulnerable adult may make you feel worse than you may already feel about yourself. However, it is vital that you recognize that the assault started in your mind before it became a reality.

The bad news about accepting that you planned or set up the assault before you carried it out may be that you have to drop the belief that "it just happened". The good news is that if you spend time thinking about assaulting before you actually do so, you have more time to stop yourself.

(A word or two here about the use of "assault", "abuse" and other terms that you may feel uncomfortable about. You may feel that what you did to your victim(s) was not "rape", "abuse", "assault" or some of the other words used in these articles. While you may believe that you were not forceful, physically hurt or threatened your victim, it is important that you not allow yourself to justify, minimize, rationalize or make excuses for what you did to someone else.

You really do not know what the impact of your behavior is on another person, especially in the long run. Offenders have described their behaviors as "loving", "gentle", "for his/her benefit", and other terms which may appear to be true on the surface, but will have detrimental consequences for the victim.

So, even if you don't believe that you "abused", "assaulted", "offended" or other terms, hold off on your need to deny the label for now.)

Setting Up or "Grooming" These terms are often used interchangeably, but they are similar. What they mean is that you had a conscious or underlying thought to become sexual with another person. If you were doing this with someone your own age, it might be called flirting. When you develop a friendship with a child, or engage him/her in physical contact that seems innocent at first, you are setting up that child for later sexual contact, abuse or assault.

Some of the ways that offenders set up their victims include:

• Paying attention to a child who appears emotionally needy
• Talking about sexual issues, showing adult magazines or films, letting the child know s/he can come to you for sexual information or concerns
• "Accidentally" or purposefully exposing yourself (coming out of the bath, wearing shorts that allow a view of the genitals, openly praising nudity as "normal", etc.)
• Giving gifts, money, taking the child places, providing alcohol or drugs
• Telling the child that you need to examine his/her body for some reason
• Physical contact such as wrestling, tickling, pats on the butt, etc.
• Intrusive questions about the child's sexual development, fantasies, masturbation habits, or giving the child more information about sex than is appropriate for the child's age or developmental level
• Bringing yourself down to the child's level of play (becoming the child's "buddy")
• Sharing inappropriate information about yourself or relationship problems, such as marital difficulties
• Not respecting the child's boundaries or privacy. This may be "rules" that bedroom or bathroom doors must be open, reading child's mail or diaries, going through their possessions, etc. It may also be verbal, such as intrusive questions about the child's activities or friends beyond what is appropriate for a parent to do. It may also be done by staring at the child or looking at his/her body in a way that makes him/her uncomfortable

There are other ways offenders "groom" a potential victim. While on the surface, these activities may seem innocent enough, they are often the prelude to a sexual contact with the child.

Since you have either crossed over the line from being a parent or friend of the child to assaulting him/her, (or are struggling to keep this from happening), it is important for you to become honest with yourself and with your therapist. Your honestly can reduce the likelihood of re-offending (or offending in the first place.) But remember, even when being honest, prevention of sexual offending requires a lot of soul-searching and hard work.

Prostitution Fact Sheet

Prostitution Fact Sheet 

Adapted from the Illinois Coalition Against Sexual Assault, Sexual Violence
Facts and Statistics, 1994


Most prostitutes have been victimized, at some point in their lives, by sexual violence. More than 90% suffered childhood sexual abuse, often incest. Many others have been sexually assaulted in the course of working in prostitution. About 75% were violently raped as adults in situations not involving their work.

At least two-thirds of prostitutes began working in prostitution before the age of 16. Young women and men often enter prostitution as a way of escaping an abusive home situation. They see prostitution as their only means of survival.
 

FACTS

• One million women and girls work as prostitutes. (Miller, JoAnn L. "Prostitution in Contemporary American Society" in Sexual Coercion, 1991)
• One percent of US women have worked as prostitutes at some point, with 4 years being an average length of career. (Lockett, Gloria. "Black Prostitutes and AIDS." The Black Women's Health Book, The Seal Press, 1991)
• There are 100,000 arrests annually for prostitution. (Bureau of Justice Statistics) 
• .5 - 1.2 million children are involved in child prostitution. There are at least 300,000 male prostitutes under age 16. (Schetky, Diane H "Child Pornography and Prostitution" in Child Sexual Abuse, Brunner/Mazel, 1988)
• In one study, 78% of adult prostitutes began prostitution as juveniles: 60% were 16 years of age and under, and some were as young as ten. (Silbert, Mimi H. "Treatment of Prostitute Victims of Sexual Assault" in Victims of Sexual Aggression. Van Nostrand Reinhold, 1984)
• There are an estimated 5,000 male prostitutes under the age of 14 in Los Angeles. (Crewdson, John. By Silence Betrayed. Little, Brown, 1988) 
•  27% of juvenile male prostitutes are involved in the pornography industry. (Schetky, Diane H "Child Pornography and Prostitution" in Child Sexual Abuse, Brunner/Mazel, 1988)   
• 73% of prostitutes reported being sexually assaulted as adults in situations unrelated to prostitution. Most of these were violent stranger rapes with physical injuries. (Silbert, Mimi H. "Treatment of Prostituted Victims of Sexual Assault" in Victims of Sexual Aggression. Van Nostrand Reinhold, 1984)

Who Are Mandated Reporters?

Who Are Mandated Reporters?

By Vicki Polin

The Awareness Center's Daily Newsletter - October 2, 2002

I've noticed that Clergy are not on this list. I think they should be. Does anyone know if any State mandates Clergy to report when they suspect abuse?  If a Rabbi also has a degree in counseling, is he/she then considered a mandated reporter? Or if they teach at a day school? I think these are all questions we need to be asking at our shuls and schools.

----------------------------------------

Mandated Reporters
http://www.childabuse-il.org/suspect/mandated.htm

Who Are Mandated Reporters?
Members of the general public may report suspected child abuse and neglect if they choose. However, state law mandates that workers in certain professions must make reports if they have reasonable cause to suspect abuse or neglect.  Mandated reporters include:

* Medical Personnel: Physicians, psychiatrists, surgeons, residents, interns, dentists, dentist hygienists, medical examiners, pathologists, osteopaths, coroners, Christian Science practitioners, chiropractors, podiatrists, registered and licensed practical nurses, emergency medical technicians, substance abuse treatment personnel, hospital administrators and other personnel involved in the examination, care or treatment of patients.

• School and Child Care Personnel: Teachers, school personnel, educational advocates  assigned to a child pursuant to the School Code, truant officers, directors and staff assistants of day care centers and nursery schools, and child care workers.

   

• Law Enforcement: Truant officers, probation officers, law enforcement offi cers, and field personnel of the Department of Corrections.

  
  

• State Agencies: Field personnel from the Departments of Children and Family Services, Public Health, Public Aid, Mental Health and Developmental Disabilities, Corrections, Human Rights, Rehabilitation Services. Also includes supervisors and administrators of general assistance under the Illinois Public Aid Code.

   

• Others: Social workers, social service administrators, substance abuse treatment personnel, domestic violence program personnel, crisis line or hotline personnel, foster parents, homemakers, recreational program or facility personnel, registered psychologists and assistants working under the direct supervision of a psychologist.

Mandated reporters who make good faith reports have the same immunity from liability under the law as non-mandated reporters. However, a mandated reporter's failure to report suspected instances of child abuse or neglect to DCFS constitutes a Class A misdemeanor; simply reporting suspicions to a superior does not satisfy legal requirements.


How Should Mandated Reporters Make Reports?
Call the child abuse hotline as soon as possible. Then you must send written confirmation to the appropriate DCFS field office within 48 hours. The Department will provide a form to use when sending this confirmation. If you suspect a child's death may have been caused by abuse or neglect, you must also call your county's coroner or medical examiner.

Do your part to help protect abused children. Take action. Offer your support. Learn more about how you can help families in your community. Join Prevent Child Abuse Illinois' prevention efforts.

Sources of information: Illinois Department of Children and Family Services; and Reporting Child Abuse -- It's everyone's responsibility.

History of Prostitution in Jewish Communities: The Wild West

History of Prostitution in Jewish Communities:  

The Wild West

Jewish Stars in Texas: Rabbis and Their Work
 By Hollace Ava Weiner, Rabbi Jimmy Kessler
 (Reprinted by Permission)

  
BOOK: Cowtown's Front Page
Rabbi G. George Fox - Fort Worth, TX

The red-headed rabbi's pulse shot up—again. Try as he might to distance his flock from Hell's Half Acre, in the autumn of 1913 Rabbi G. George Fox overheard ranchers muttering remarks about "Jew whores." What's more, the Sisterhood at his synagogue of seventy families was scandalized at the gossip. The women—chief among them his wife Hortense, a third-generation American—wanted those tramps gone. 

 

The Jewish prostitutes were Eastern European women who had ventured to Fort Worth's red-light district by way of Galveston, a port of entry for 8,000 Jewish immigrants since 1907. Fox's colleague, the saintly Rabbi Henry Cohen of Galveston, was being lauded from Texas to New York for greeting each refugee at the dock. But as far as Fox was concerned, the refuse were riding the rails from the Gulf Coast to North Texas, bringing social disease and dishonor to Jews in Fort Worth. "As rabbi, I could not and would not escape the responsibility that was mine in this shameful business," the rabbi declared in his memoirs. 

 

With the police commissioner and the mayor, Fox arranged a raid on brothels within "the Acre," a seedy neighborhood of saloons, dance halls, cathouses, and gambling dens. Madams were advised to surrender their Jewish girls on charges of disorderly conduct, or face a shutdown. At the jail, Fox confronted twenty women. Through a Yiddish interpreter, the American rabbi warned them to turn to legitimate pursuits—or else. In response, some tugged at the rabbi's heartstrings with sagas of children in foster homes and hard-luck tales of hunger, violence, and deception driving them into the "sordid business." 

 

One showed me a lavaliere bearing a picture of her father, so she said: an old, bearded, Eastern co-religionist. . . . One asked me whether my rich, fat Jews would take her into their homes and give her a job. . . . A third challenged us, in Yiddish, to give her a job in some store. Of course we were stymied. . . . Two of the lot married the men who were their pimps and went into legitimate business. . . . The rest left town. 

 

When Christian clergymen asked the rabbi why his outrage extended only to Jewish prostitutes, he advised his brothers in the Tarrant County General Pastors Association to round up the gentile prostitutes themselves. But Fox had more legal ammunition at his disposal. The run-of-the-mill harlots were American-born. If arrested, they could be bailed out by pimps and madams, or fined and returned to the streets. The Jewish suspects, many masking their immigrant origins with American aliases, were subject to deportation as "alien prostitutes." And so they were. Eighteen Galveston immigrants—including young women such as Byley Salesky, who went by the street name "Betsy Brown"—were deported to Europe, months before the outbreak of World War I . 

 

"The job made me unhappy, though I could see no other way," Fox wrote. Although an advocate of social work—he was chairman of the Fort Worth Charity Commission and an organizer of a state welfare conference—Fox found it more prudent to remove than to try to reform the women. Truth be told, "Jew whore" remarks stirred anti-Semitism among the general public and insecurity among Jews, who prided themselves on being law-abiding Americans with a family-centered religion. Fox and his generation of upwardly mobile Jews wanted to retain their Jewish identity. Yet they were eager to see themselves as part of the American mainstream, not a remnant of the Old World like their unwashed, uncouth cousins pouring in from shtetls, the small towns of Eastern Europe.  

 

Prostitution among Jews—documented in muckraking magazines and a federal immigration investigation—had prompted Jewish communities nationwide to police their own. B'nai B'rith, the Jewish fraternal organization, had helped the Justice Department apprehend Jewish prostitutes who crossed state lines. Chicago rabbis had worked with the district attorney and vigilantes to round up Jewish madams in the Windy City. Prostitution was such a blot on Jewish morality that little attention was given to its causes, its social solutions, or the men involved in the business. When whispers of Jewish prostitution surfaced in Fort Worth's New York Café, Rabbi Fox had precedents to follow. 

 

Fox was not as bold, or grandstanding, as his Baptist colleague, the Rev. J. Frank Norris, preacher at Fort Worth's First Baptist Church. The year before, Norris had read aloud from the pulpit the names of leading citizens who owned brothels. This led not to arrests but retaliation, as arsonists set fire to the minister's church and parsonage. In contrast, Rabbi Fox's action in ridding the community of Jewish prostitutes was met with sighs of relief. He had distanced Fort Worth's Jewish residents from the taint of immorality. He had gingerly worked with the authorities, without upsetting the status quo. He had correctly gauged how far to stretch his moral authority in a town closer to the frontier than the Bible Belt. Bravado—always applauded in a boisterous western town—masked his ambivalence.

___________________________________________________________________________________

FAIR USE NOTICE

Some of thie information on The Awareness Center's web pages may contain copyrighted material the use of which has not always been specifically authorized by the copyright owner. We are making such material available in our efforts to advance understanding of environmental, political, human rights, economic, democracy, scientific, and social justice issues, etc. 

 

We believe this constitutes a 'fair use' of any such copyrighted material as provided for in section 107 of the US Copyright Law. In accordance with Title 17 U.S.C. Section 107, the material on this site is distributed without profit to those who have expressed a prior interest in receiving the included information for research and educational purposes. 

 

For more information go to: http://www.law.cornell.edu/uscode/17/107.shtml . If you wish to use copyrighted material from this update for purposes of your own that go beyond 'fair use', you must obtain permission from the copyright owner.

 

Severe Animal Cruelty in Ohio Emphasizes Importance Of Felony Animal Cruelty Law

Severe Animal Cruelty in Ohio Emphasizes Importance Of Felony Animal Cruelty Law
American Humane Calls for Citizen Action to Stop Animal Abuse; Urges Prosecution

PR Newswire - September 25, 2002

DENVER –– In response to the horrific abuse case of a young coon-hound mix, now being called Trooper, the American Humane Association today called on authorities in Ohio to take animal cruelty seriously and urged residents to report animal abuse. American Humane, the only national organization dedicated to both child and animal protection, made this call in light of growing research indicating that adults and children who are violent to animals have the capacity to also be violent to humans -- a correlation commonly referred to as the Link.

As reported in the Dayton Daily News, the puppy suffered third-degree burns deep into muscle tissue all over his body after someone viciously attacked the dog with what it believed to be a blow torch. The puppy, which has been named Trooper by Town and Country Veterinary Clinic and the Preble County Humane Society, is expected to recover after weeks of intensive care. A milestone was reached today when the young pup lay down to sleep for the first time.

"Trooper continues to amaze his caretakers by how affectionate and trusting he is despite the horrible betrayal he so recently experienced," said Jodi Buckman, American Humane's director of shelter services. "Knowing that this little dog still trusts people shows his remarkable loving spirit. Our hope is that this crime will spur Ohio into adopting a felony animal cruelty law."

In the event that the perpetrator is found guilty, American Humane recommends the sentence include psychological evaluation, followed by professional counseling and, if age appropriate, incarceration with rehabilitation. Authorities are also asked to immediately take any remaining animals into protective custody and prohibit the abuser from owning or harboring animals in the future.

Historically, animal and child abuse, domestic violence, and elder abuse have been treated as unrelated events. However, research continues to emerge indicating premeditated torture or killing of animals often occurs in conjunction with, or as a precursor to, other types of violent behavior, such as child abuse, domestic violence, gang activity, and even satanic ritual. The evidence is so overwhelming (see attached fact sheet) that 36 states and the District of Columbia currently have felony level convictions for serious acts of animal abuse. Ohio is not one of these states.

"We're not saying everyone who abuses animals will become a serial killer, but animal abuse is a warning that action is needed to stop the cycle of increasing violence," continued Buckman. "Animal abuse must be reported to local authorities. Perpetrators must be held accountable for their actions and treatment delivered. Not only do we owe it to the animals, we owe it to our community."

American Humane urges residents of Preble County to politely urge district attorney Rebecca Ferguson (937 456-8156) to actively prosecute the person responsible for this crime.

Founded in 1877, American Humane is the nation's only national organization dedicated to both child and animal protection. From its headquarters outside Denver, Colorado, and from regional offices in Washington, D.C., and Los Angeles, American Humane provides national leadership in the development of programs, policies, and services on behalf of children and animals who are abused and neglected. For more information on what to do if you suspect animal abuse, please visit www.americanhumane.org .


http://tbutton.prnewswire.com/prn/11690X83354673

SOURCE American Humane Association

CO: American Humane Association

ST: Colorado, Ohio

SU: NPT LAW

http://www.prnewswire.com

09/25/2002 19:33 EDT