Leading MO Rabbi Calls For Independent Investigation Into YU Child Sex Abuse Coverup Allegations

On December 13, Yeshiva University President, Richard Joel sent an email to the school’s supporters saying:

 “…I welcome the opportunity to personally and confidentially discuss any issues with anyone who may have suffered harm.”

 Sorry, President Joel.  You are not the address to which concerned students should go. When I attended Yeshiva University I was taught the phrase nogea badavar, which roughly means “conflict of interest.” 
The responsible thing is to hire an independent firm to review the school’s record, past and present. 

Senior administrators of the University have told me that the school has hired an attorney to lead an investigation. But such an investigation will be of limited value if it is not truly independent. The Jewish community needs Yeshiva University to answer these questions. There is too much at stake.

Rabbi Shmuel Herzfeld

Writing in The Jewish Week, Rabbi Shmuel Herzfeld of the National Synagogue in Washington DC calls for an independent investigation into the Yeshiva Univesity High School child sexual abuse coverup:

I went to MTA from 1988 to 1992, and during that time Rabbi Finkelstein was first assistant principal and was then promoted to principal. I never felt any abuse from Rabbi Finkelstein, thankfully, but then again I stayed far away from him. Even at that time, I remember hearing students say that all was not kosher with his behavior. Although I don’t know enough to say that these accusations are accurate, I can say that I was not surprised to read them in the Forward.


We know that [Yeshiva University acted inappropriately then with regard to allegations of child sexual abuse].


The question is whether the university is acting appropriately today.


An independent investigation is needed to study the culture that allowed this behavior to go unchecked, unreported, and unchallenged for decades.…

On December 13, Yeshiva University President, Richard Joel sent an email to the school’s supporters saying:

 “At this institution we continually review and strengthen policies….  Anyone who may have suffered harm is invited to contact us in confidence….  I welcome the opportunity to personally and confidentially discuss any issues with anyone who may have suffered harm. I can be reached at president@yu.edu or (212) 960-5300.”



Sorry, President Joel.  You are not the address to which concerned students should go. When I attended Yeshiva University (for High School, College, Graduate School, and Rabbinical School) I was taught the phrase nogea badavar, which roughly means “conflict of interest.”


The responsible thing is to hire an independent firm to review the school’s record, past and present. 

Senior administrators of the University have told me that the school has hired an attorney to lead an investigation. But such an investigation will be of limited value if it is not truly independent.


The Jewish community needs Yeshiva University to answer these questions. There is too much at stake.

Comments

[Rob]

I must say, I agree. That line from the president was a 'take it up from me' reminiscent. They probably should hire an outside firm.

[Garnel Ironheart]

It's a good piece but tell me, what makes him a "leading" rabbi?

[Jake]

Ambulance chaser....

[S M L]

From Wikipedia - take it or leave it. Yes, I know the article could have been edited by him for all we know however based on the nature and variety of writings available online he's certainly not a low-level melamed from a basement shul in Brooklyn. His comments are most likely worth taking account of.

"Rabbi Shmuel Herzfeld, born October 9, 1974, in Staten Island, New York (also known as Shmuel or Rav Shmuel) is an American Modern Orthodox rabbi who heads the National Synagogue, of Washington, DC. He is a teacher, lecturer, and activist.
Herzfeld received his smicha from the Rabbi Isaac Elchanan Theological Seminary in 1999. He also received a Masters in Medieval Jewish History from Yeshiva University under the guidance of Dr. Haym Soloveitchik, where he wrote on the topic of Hechlid Be-Miut Simanim. He then served as the assistant Rabbi under Rabbi Avi Weiss at the Hebrew Institute of Riverdale from 1999 to 2004, before transferring to Ohev Sholom: The National Synagogue.
From 2008 to 2010, Herzfeld hosted a weekly radio show called Shmoozin with Shmuel, which was aimed at Jews in the Washington, DC community,[1] and frequently writes columns in newspapers. His writings have appeared in many publications including, The New York Times, the New York Sun, The Jewish Week, The Forward, and Washington Jewish Week. He has appeared often in the national news, including The New York Times, The Washington Post, NPR, CNN and Fox News, and is regarded as an important figure in Modern Orthodox Judaism.
His Torah thoughts are archived on his personal website"

[schneur]

While I agree with the rabbi 100%. He too is some what a noge bedavar. he is very close to Rabbi Avi WEiss founder of YCT , YU's competitor in the Modern orthodox world for rabbinical training. Herzfeld served as Rabbi Weiss deputy in Riverdale for many years.
More good would be done if a group of rabbinical alumni from YU without other ties were to amke this call.

[Atheodox Jew]

The responsible thing is to hire an independent firm to review the school’s record

This strikes me as an odd and unrealistic expectation, to have YU order an independent investigation of itself. It would be something like calling the IRS and asking them to come audit you. They know the more exposure this issue gets, the more "dirt" gets out, the more it will hurt their institution. So it could very well be that an independent investigation is in order here, but it seems to me that someone other than YU needs to initiate it.

[rebitzman]

It is every bit as likely that our haredi brethren will listen to the words of an MO rabbi as it is that they woulld listen to a Conservative or Reform one.

As in - no chance whatsoever.

I do admire and appreciate that he had the guts to say it............

[Shmarya]

t is every bit as likely that our haredi brethren will listen to the words of an MO rabbi as it is that they woulld listen to a Conservative or Reform one.

As in - no chance whatsoever.

I do admire and appreciate that he had the guts to say it............

Posted by: rebitzman | December 26, 2012 at 03:43 PM

There aren't any haredi rabbis involved here.

[Sarah]

He looks a little to young to be one of the gedolei hadar.

[A. Nuran]

Atheodox Jew writes:
This strikes me as an odd and unrealistic expectation, to have YU order an independent investigation of itself.

No, this is precisely what is required. If there's a potential conflict interest or the people running the investigation are potential targets you hire an independent outsider. Anything else reeks of corruption.

[Ssm]

Look at yu's website where president Joel's updated statement dated December 24 states that Sullivan and Cromwell is i heading an independent investigation.

[Jake]

It isn't that he is a Gadol. But rather the synagogue he is rabbi of. Many extremely influential Americans go there from politicians to lobbyists to high level government employees.

[Shmarya]

Look at yu's website where president Joel's updated statement dated December 24 states that Sullivan and Cromwell is i heading an independent investigation.

Posted by: Ssm | December 26, 2012 at 04:55 PM

It isn't independent.

[Jake]

He is right about Richard Joel being nogayah bdavar which I would say a vested interest.

Abuse survivors often do not remember for years or decades after the abuse.because of laws dealing with the statute of limitations the abusers can not be prosecuted nor can survivors seek civil damages.

If NY State as other states have done suspends the statute of limitations for a certain period of time and provides a window of opportunity for the abused to seek civil damages,YU will be paying a lot of money to victims of Gorgeous George and of others.

AS YU's fundraiser and Cheif , Richard Joel does have a vested interest in the outcome of everything.......

On the other hand as the CEO of YU he does have a respoponsobility to take responsibility in a very public way for the past and current events.

[spacedout BT]

If these were MTA kids they will be old enough to remember.

[critical_minyan]

Ive been to the Rabbi's shul on a few occasions. The last time I was there I sat next to Bill Cohen, the former secretary of defense.

[DBSesq]

Look at yu's website where president Joel's updated statement dated December 24 states that Sullivan and Cromwell is i heading an independent investigation.

Posted by: Ssm | December 26, 2012 at 04:55 PM

It isn't independent.

Posted by: Shmarya | December 26, 2012 at 05:14 PM

How do you know?

[Shmarya]

Because it reports to the board, Danny, that's why. The board choose what information to release, how to use the information, etc. That's why.

[DBSesq]

Because it reports to the board, Danny, that's why. The board choose what information to release, how to use the information, etc. That's why.

Posted by: Shmarya | December 26, 2012 at 07:40 PM

You obviously have never read the retainer agreements used in such matters. The board will decide what to release to the public, that's true. But Sullivan & Cromwell will act independently of the board, looking for information where they deem appropriate. The board cannot interfere with the actual investigation. If it does, the law firm has the right to withdraw.

[Shmarya]

Please.

The firm will investigate. The board will take the findings. And then the board will chose what to do with those findings. And there is no protection for those who choose to speak to the law firm, meaning YU can get them if they're gettable.

[dh]

DB, who holds the privilege of confidentiality? With whom did Sullivan & Cromwell contract?

[DBSesq]

What are you afraid of YU doing? After all the truth would be an absolute defense to any action YU might start against anyone whu speaks to the investigators. Why do you assume the worst about YU?

[dh]

Who are you talking to?

DB, are you feeling any stress from the ax coming down on your school board?

[Shmarya]

What are you afraid of YU doing? After all the truth would be an absolute defense to any action YU might start against anyone whu speaks to the investigators. Why do you assume the worst about YU?

Posted by: DBSesq | December 26, 2012 at 09:22 PM

33 years of history that prove the worst, for one.

[DBSesq]

Oh please. Shmarya, you of all people know that just because something is published in a newspapers or on a blog, doesn't mean it's true. Newspapers and bloggers lie and distort the facts all the time.

[Shmarya]

Danny,

I've been hearing from Finkelstein victims (or about them) for many, many years.

[DBSesq]

Danny,

I've been hearing from Finkelstein victims (or about them) for many, many years.

Posted by: Shmarya | December 26, 2012 at 09:45 PM

Irrelevant to my last statement.

[Shmarya]

rrelevant to my last statement.

Posted by: DBSesq | December 26, 2012 at 09:50 PM

No, it is not irrelevant at all.

[Atheodox Jew]

No, this is precisely what is required. If there's a potential conflict interest...

Posted by: A. Nuran | December 26, 2012 at 04:52 PM

I agree - I wasn't questioning the idea of an independent investigation, just that YU itself should be expected to initiate it.

[Moishe]

Let me see

(1) Don't look for trouble.

(2) Do not self incriminate oneself.

(3) Anything you say (or find) can and will be used against you in a court of law.

So I ask, what is the purpose in digging up the past. Concentrate on making damn sure that you are clean going forward.

Posted by: Yitzak | December 26, 2012 at 01:11 PM

Interesting point. Maybe they can hire an independent, but private, investigator for the purpose of internal consumption to better internal controls and policy.

Rather foolish to spend your own money to hang yourself out to dry.

[Nachum]

Bill Cohen isn't Jewish. Herzfeld's shul is pretty minor and on the outskirts of Jewish life in Washington. He has a knack for getting himself in the news and a big mouth- neither necessarily bad things, but don't start making more of himself than he is.

[David]

Herzfeld's shul is probably the fourth largest Orthodox shul in the DC area in terms of the number of memberships. Also, it is probably one of the wealthier shuls.

[DBSesq]

Many years ago, Herzfeld'd shul had a great chazzan, Moshe Taube. Taube was a European trained cantor and a great expositor of the nussach hatefillah, the traditional prayer modes. Sadly, R. Herzfeld seems to prefer the now popular nonsensical and puerile Carlebach/romper room services over traditional prayer.

[been there done that]

i want an investigation too.. but herzfeld is a loudmouth who seems to be more interested in the spotlight than the outcome..

[Jeff]

Sadly, R. Herzfeld seems to prefer the now popular nonsensical and puerile Carlebach/romper room services over traditional prayer.

Right, because Hasidic prayer is so dignified.

Sometimes, Danny, I find myself hoping there is a God, and that our personalities survive. I would LOVE to see the looks on your faces when he tells you you got it all wrong and didn't know what the f*ck you were talking about.

I really don't give a damn about postmortem continuity - but the opportunity to see that would be worth keeping mitzvot for.

[GWJ]

Wow DBSesq-- that shul actually held a seminar on nusach hatefilah with YU's Belz school instructing and everything and won't allow any old shmo to daven unlike most shuls of "European" origin. You might have caught it on a festive day or days (which isn't the end of the world), but clearly you really don't know what you are talking about.

All that aside, you know it really doesn't matter what any of us respond when you strike a crazy tone like that. Jeff, your comment was nothing short of sublime and captures it all.

[Dean]

Everybody seems to have an agenda here. But the victims of George will continue to suffer long after the sensationalism and grandstanding ends. Both George and the administration officials who turned a blind eye to his abuse will get their due, whether in this life or the world to come. The damage caused by this manipulative sicko cannot be quantified by any kind of investigation, independent or not. It's laughable that Richard Joel would think that any of the victims would contact them directly for counseling or to aid in their so called investigation. I know what happened, and the administration knows what happened. Any investigation will be used either to point fingers as dead people like Izzy Miller or the victims themselves. That is just the way of YU. So regardless of how many programs they implement to help institutions prevent and treat sexual abuse, YU has to purge itself of its past misdeeds which were buried for the sake of financial gain and institutional reputation. Now they should sacrifice a little of each and do the right thing by the victims.