INTRODUCTION
Chabad at Lake Tahoe is committed to providing a safe and secure environment for all its members, leaders and particularly to children.
Chabad at Lake Tahoe is committed to providing a safe and secure environment in which all its members are treated with dignity and respect. To that end, we take the strongest possible stand against sexual violence and sexual harassment in all its forms including sexual assault but also including the use of coercion, intimidation or exploitation of others for sexual purposes.
Our center’s purpose for establishing this Child Protection Policy and accompanying procedures is to demonstrate our absolute and unwavering commitment to the physical safety and spiritual growth of all of our children and to ensure proper procedures and protocols arefollowed should an allegation, whether internal or external, be lodged.
PURPOSE
These Child Protection Policies & Procedures will guided by the following concerns:
• to protect those who are or have been abused;
• to protect the safety of other congregants;
• to do what we can to stop the abuse;
• to establish consequences for abusive behavior;
• to do our utmost to diminish the negative consequences of abuse
While Chabad is committed to supporting all its members, the safety of those who have been abused and/or the most vulnerable of the community will be the primary
concern.
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EXTERNAL POLICIES OR LAWS
To the extent that this policy is inconsistent with existing policies and/or external organizations
that members of the community are affiliated with, this policy takes precedence to the extent
that it creates a stricter standard of conduct.
This policy is not intended to replace or conflict with areas of the secular governing law, but
instead is to operate in conjunction with them. To the extent that any policy or procedure
contradicts State or Federal law, the law prevails.
ENVIRONMENT OF SAFETY
Incidents of abuse are unlikely to take place in front of another person and the presence of a
witness can assist in clarifying questionable allegations. Therefore, when relating and/or
interacting with a minor, the professional, as well as the employee and the lay leader, should
avoid being in a situation where there is no other person in the vicinity.
● A door should always be open. A third party should always be in plain view. A third
party should always be within "earshot.”
● Have another adult in the room during private programs.
● If that is not possible, an effort should be made to teach with at least two students in the
room.
● If one has no choice but to work with the person individually, it should be done in an
open area where there is a flow of traffic.
● Avoid physical contact with the individual, especially when alone in the room.
● Do not sit side by side or otherwise in extremely close proximity.
● Keep a reasonable distance between yourself and the minor.
● Private car-rides should be avoided. If unavoidable, the minor should sit in the back seat
of the vehicle.
Members of the community that have no legitimate purpose for being in an area where minors
frequent or play, should not be present in those areas.
● Any adult observing another in the children’s play-area with no legitimate purpose,
shall bring it to the attention of the designated person(s).
● No physical interaction with minors is allowed by individuals without reasonable and legitimate purpose.
● Care should be taken to not unnecessarily accuse, reproach, embarrass or otherwise
cause discomfort to someone present in the minor’s play-area, unless otherwise needed.
● Designated person(s) have the right to ask people who do not have a valid reason to be
present at child-related activities to leave. Police may be contacted if such persons refuse
to comply with any reasonable requests to leave.
DISCIPLINING CHILDREN
It is not the responsibility of the Shul, its leaders or any members to discipline a child. If a child
does not abide by the rules set down by the rabbi, an administrator or any other leader, or the
child is an obstruction to the care of other children or may cause harm to other children, the
child will be removed and referred back to their parent or guardian.
At no time will any of the aforementioned members administer any form of physical, emotional
or mental discipline.
All other members or congregants are forbidden from administering any form of discipline and
shall refer any instances to the designated person(s).
INVESTIGATIVE PROCESS
The congregation will conduct a prompt, thorough, and objective investigation of any report of
abuse, both physical and sexual, as well as internal or external. All allegations will be taken
seriously. Every effort will be made to maintain confidentiality throughout the investigation
process to the extent practical and appropriate under the circumstances. Information will be
shared only on a need-to-know basis for the purpose of conducting an investigation or as
required by law.
Every effort will also be made to preserve the anonymity of the complainant’s identity.
However, neither anonymity nor absolute confidentiality can be guaranteed. All of those
involved in the process of investigating a complaint will be instructed to respect and maintain
the confidentiality of information received during the process.
The investigative process is designed, and should be applied, to promote fairness to the
complainant, the respondent, and the congregation.
Each allegation must be taken seriously and no attempt should be made to deny or minimize
the allegation or its impact on the alleged victim. The matter should not be swept under the rug.
Complainants, including minors, should be assured that the disclosure is being taken seriously;
that what happened is not their fault and that they are correct in disclosing the incident.
Any discouragement, dissuading, intimidating or threating of a victim from making a report is in violation of this policy and of the laws of the State of California. Encouraging an alleged-victim to not make a report violates
California Penal Code § 136.1 (dissuading a witness). Any attempt to alter or conceal evidence is also a violation of California State law and should be reported to appropriate authorities.
All cases of suspected child abuse, including attempts to dissuade or conceal/destroy evidence, should be reported immediately to the appropriate governmental authorities. All complainants will be urged to notify governmental authorities whenever criminal conduct is alleged. All employees, officers, lay leaders, professionals and others authorized to act on behalf of the congregation will cooperate fully with any governmental authority charged by law with investigating allegations of child or sexual abuse.
DESIGNATED PERSON(s)
Person(s) designated to intake a report, allegation or allegation of abuse are:
1. ________________________________________
2. ________________________________________
3. ________________________________________
4. ________________________________________
5. ________________________________________
STATUTORY OBLIGATION TO REPORT
California Penal Code §§ 11164 et al., known as the “Child Abuse and Neglect Reporting Act”
provides the statutorily legal obligation to report. This policy adopts those legal provisions,
including the statutory definitions for sexual abuse, as defined under § 11165.1. Under the law,
mandated reporters are obligated to make a report of suspected child abuse.
Penal Code § 11166:
“...a mandated reporter shall make a report to an agency specified in Section 11165.9 whenever
the mandated reporter, in his or her professional capacity or within the scope of his or her
employment, has knowledge of or observes a child whom the mandate reporter knows or
reasonably suspects has been the victim of child abuse or neglect.”
"...reasonable suspicion" means that it is objectively reasonable for a person to entertain a
suspicion, based upon facts that could cause a reasonable person in a like position, drawing,
when appropriate, on his or her training and experience, to suspect child abuse or neglect.
"Reasonable suspicion" does not require certainty that child abuse or neglect has occurred nor
does it require a specific medical indication of child abuse or neglect; any "reasonable suspicion"
is sufficient.”
Certain adult behavior, while inappropriate, does not lead a reasonable person to suspect that a
child has been or is currently being abused; and, therefore, does not impose a reporting
notification. Nevertheless, such behavior must be addressed in a timely manner in order to
protect children and youth.
Any inappropriate language or conduct between a member or employees and a child or youth
should be discussed with the appropriate staff member who is responsible for administration
and/or coordination of the activity in which the individual is participating.
Any reported behavior that does not give rise to a suspicion of child abuse, shall be brought to
the attention of the rabbi or his designees, who shall participate in all meetings with the
individual involved in the misconduct. When appropriate, prompt warnings shall be issued and
remedial actions shall be taken.
CURRENT OR PAST CONVICTION OR MISCONDUCT
Any person convicted of any sexually-related crime, whether within California or another State
or Country is prohibited from attending any events where children may reasonably be present.
This includes services on Sabbath and/or Holidays, when children frequent the synagogue.
During times when children are not reasonably present (e.g., morning services during the
weekday), such persons may attend.
This policy is similarly adopted for those with pending criminal charges.
In the event that an uncharged and/or unconvicted allegation becomes known to the community leadership, all efforts should be made to comply with this policy, including conducting an investigation, to the extent possible, to determine the veracity of the allegations.
If the community leadership is satisfied to the veracity of the allegation, this policy shall be adopted and the accused shall be prohibited from attending functions where children are reasonably present.
In committing to creating the safest environment possible, no member of the community shall be placed in any risk of sexual harm, no matter how remote.
This section is adopted for the following reasons:
1. No person should ever be at risk for a sexual assault of any kind
2. Due to the globalization of the Jewish community, including the frequent travel and visiting of various synagogues, any risk of the abused meeting his/her abuser in a synagogue should be avoided.
3. “Keeping an eye” on the accused is not an option. While adults may maintain a vigilance on the person, children do not perceive in the same way. An accused may have no contact with any minors within the community, and will pray only within the sanctuary.
However, while the adults are cognizant of the person, minors do not perceive the person as a threat, rather, they see the person as a pious and religious individual dedicated to his prayers. This incorrect perception unnecessarily puts minors in danger from future non-sanctioned contacts and allows the accused access to community
members. This is an unnecessary and preventable situation and all care shall be taken to avoid it.
COMMUNITY NOTIFICATIONS
The prohibition against Lashon Ha-Ra or Mesirah will not be used as a means of silencing
survivors, or those aware of abuse, who appropriately report abuse, or seek aid, therapy or
comfort. Members should also take special care not to gossip, conjecture or spread rumors
about the matter. Beyond the impact on the community, Lashon Ha-Ra can also jeopardize thesafety of the survivor.
It is a matter of community-responsibility to notify the members of the community in the event that a person is convicted, charged, accused or otherwise alleged to have committed a sexual assault. This responsibility is vital for members that have children and may reasonably have contact with the accused.
ALCOHOL & DRUGS
The consumption of alcohol (during unsanctioned times) or illegal drugs on Synagogue property or events is inappropriate and shall be condemned in the strongest possible terms. No person(s) below the legal limit shall be allowed to consume any alcohol on Synagogue property or during events.
Any child found to be under the influence of alcohol or illegal drugs shall be counseled and returned to his/her parents or guardians. The parents or guardians shall be subject to disciplinary proceedings.