A dialogue with: Rabbi Avi Shafran, Director of Public Affairs,
Agudath Israel America
Mr. Shafran:
I write to express dismay at the state of affairs in our media and the organization you speak for.
We see a united and highly vocal reaction from the right wing media vilifying the acts of consenting adults who choose to march in our holy city. Clearly, this is their right. Whether I agree with the orthodox media's politics or not, I do respect their right to responsibly express their views; indeed, even to make utter fools of themselves. However, what irks me beyond my point of tolerance is the juxtaposition of this to the orthodox media's absolute silence in response of the outcry of broken souls who are being molested by their rabbeim in yeshivas. Rabbi Yehudah Kolko and Rabbi Lipa Margulies go about their business with the tacit approval of the same media outlets who see fit to attack a group of consenting adults. We are living in a modern day
What are you doing to correct this horrific problem?
From Avi Shafran Tue Nov 7 09:57:07 2006
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Message-ID: <4550c8f3.a154c59f@agudathisrael.org>
Date: Tue, 07 Nov 2006 12:57:07 -0500
From: Avi Shafran
PERSONAL AND CONFIDENTIAL
Rabbi Menken of Cross-Currents was kind enough to forward your e-mail to me, and I thank you for writing it, and for what I believe is your sincere criticism.
I’m not sure what “highly vocal reaction” you refer to, but Agudath
As to your outrage at the Orthodox media’s “absolute silence…,” I think you have to realize that no Orthodox paper, given their mandates, can ever consider publishing accusations against individuals that have not been proven. Nor is any such paper likely to present issues – even important ones – that touch upon sexuality. You (or I) may not like that latter fact, but since such papers are designed to be read by children as well as adults, and since many Orthodox parents (again, whether you wish it were so or not – it’s their right) wish to shield their children from such matters, to expect the “Orthodox media” to cover such issues is like expecting your food processor to get you to work. That’s just not what it does.
As to the facts themselves, I don’t know why you assume that every accusation made has merit. One need not condone crimes by allowing those accused of them to have their “day in court.” That you seem to have tried and convicted people simply because they have been accused of things (and I know neither Rabbi Kolko nor Rabbi Margulies) is disturbing. That you are outraged that others, like Agudath
Rest assured that Agudath Israel is deeply concerned about the safety and security of our community’s children, and that we condemn child abuse of any sort in no uncertain terms. Rest assured, too, that we are actively involved (with Torah Umesora) in efforts aimed helping prevent abuse. You might feel that part of such prevention means publicizing every accusation made against a person in the community. We respectfully disagree.
Best wishes,
Rabbi Avi Shafran
Director of Public Affairs Agudath
Date:
Subject: Re: from Rabbi Shafran
To: Avi Shafran
Dear Rabbi Shafran:
Thank you for taking the time to respond to my missive.
I have no issue with your right to spend your donors’ money to further your agenda. By all means place an ad in the Jerusalem Post and so long as you are not advocating violence (as I’m certain you won’t) let your voice be heard.
My outrage at the right wing orthodox media’s absolute silence is only stronger after reading your response. I fully comprehend the purpose of your news publications. I understand and respect the desire to protect and shelter children from the disturbing news and images they may read elsewhere. However, the toxic combination of strongly discouraging right wing Orthodox Jewish households from allowing any secular media into their homes coupled with the strong censorship, or mandate as you pose it, of the publications they are encouraged to read, can lead to a blissless ignorance. I do not expect my food processor to get me to work because I own a car whose purpose is transportation. If I did not own a car, I would rely on a bus driver to fill my transportation needs. Those most vulnerable among us, made so because they choose to abide by their religious leaders dictates, deserve to have their transportation needs provided by a bus driver; in this case either their religious leaders or their media. Surely, a warning about the life threatening danger of child molesters can be addressed in a modest fashion. Whether or not “that’s just not what it does” in the forced absence of any alternatives it is something it must do.
And now to the facts. There have been many accusations that Rabbi Yehuda Kolko has been molesting boys since the mid 1960’s and that he is continuing his acts of depravity as we sit here now. You are not free to simply dismiss them as rumor. Kolko was an employee of
I need not lecture you about the dangers of silence. Kolko has been reliably accused by many and over many decades. That you deem it appropriate for Kolko to have his day in court speaks volumes. While this may be very American of you, an accused pedophile does not deserve his day in court in order for precautions to be taken which will keep him away from potential victims. I assume you would not allow him to spend time alone with your children (please take a moment to absorb the emotion that just hit you in the gut, it is telling.) Torah Umesora and the Agudah have been on notice for decades yet chose to do nothing about this sick man and his employer. While you utter platitudes expressing Agudath
In closing, I ask why the Agudah sees fit to place an ad in the Jerusalem Post protesting the acts of consenting adults yet remains silent about the horrors of the sexual abuse of children in yeshiva?
Thank you again for taking the time to respond.
Very truly yours,
From Avi Shafran Wed Nov 8
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From: Avi Shafran
Comments (personal and confidential) are interspersed below.
Dear Rabbi Shafran:
Thank you for taking the time to respond to my missive. I have no issue with your right to spend your donor’s money to further your agenda. By all means place an ad in the Jerusalem Post and so long as you are not advocating violence (as I’m certain you won’t) let your voice be heard.
The ad explicitly condemns any plan of violence against the provocateurs.
My outrage at the right wing orthodox media’s absolute silence is only stronger after reading your response. I fully comprehend the purpose of your news publications. I understand and respect the desire to protect and shelter children from the disturbing news and images they may read elsewhere. However, the toxic combination of strongly discouraging right wing Orthodox Jewish households from allowing any secular media into their homes coupled with the strong censorship, or mandate as you pose it, of the publications they are encouraged to read, can lead to a blissless ignorance. I do not expect my food processor to get me to work because I own a car whose purpose is transportation. If I did not own a car, I would rely on a bus driver to fill my transportation needs. Those most vulnerable among us, made so because they choose to abide by their religious leaders dictates, deserve to have their transportation needs provided by a bus driver; in this case either their religious leaders or their media. Surely, a warning about the life threatening threat of child molesters can be addressed in a modest fashion. Whether or not “that’s just not what it does” in the forced absence of any alternatives it is something it must do.
Many advisories about inappropriate behavior have in fact been made -- by school and camp administrators, to employees, campers and their parents. That, though, is not the Orthodox media's responsibility, nor our organization's (at least directly; we have been deeply involved in assisting schools in this matter -- and have for years (yes, for years) had clear guidelines in place in our own camps). That you assume the worst does notspeak well for your readiness to be objective.
And now to the facts. There have been many accusations that Rabbi Yehuda Kolko has been molesting boys since the mid 1960’s and that he is continuing his acts of depravity as we sit here now.
I have seen no credible reports (blogs run by maniacs don't count) about any accusations against the man after the mid-60s, and certainly not of any untoward behavior "as we sit here now." That does not excuse him for anything he may have done more than 30 years ago, but it does make a difference regarding whether there is a responsibility to do more than hold him accountable for alleged acts of decades ago.
You are not free to simply dismiss them as rumor. Kolko was an employee of Camp Agudah and was accused of molesting many boys there.
Have you seen some accusation that Agudath Israel was apprised of his alleged behavior back in the 60s? I have not. He may have been an employee of one of our camps 30+ years ago, but unless there was a complaint at the time (which I don't think even his accuser in the New York Magazine article contended) that was ignored, it would seem a bit unfair to accuse our organization of some cover-up. That's called a witch-hunt.
Kolko is an employee of Yeshiva Torah Temimah and Camp Silver Lake (perhaps on “leave of absence” perhaps not) and continues his one-on-one tutoring of boys to this day.
Source?
To remain silent is to acquiesce to his continued free access to children and allows men of low moral character such as Rabbi Lipa Margulies to cause the greatest chillul hashem our community has ever seen.
On what are you basing your ungenerous judgment of Rabbi Margulies (whom I have never met and do not know)? That sort of personal judgment sans trial or investigation impugns both your credibility and your sense of fairness.
I need not lecture you about the dangers of silence. Kolko has been reliably accused by many and over many decades.
He was accused only recently, to the best of my knowledge.
That you deem it appropriate for Kolko to have his day in court speaks volumes.
Yes, about what both halacha and American law prescribe.
While this may be very American of you, an accused pedophile does not deserve his day in court in order for precautions to be taken which will keep him away from potential victims.
Such precautions have, I understand, been taken -- in fact were taken the day the accusations were made.
I assume you would not allow him to spend time alone with your children (please take a moment to absorb the emotion that just hit you in the gut, it is telling.)
I would not allow either him (because of the accusations against him) or you (because of your utter disregard for Jewish ethical imperatives) to spend time alone with my children. Not out of emotion (an unreliable reason to make decisions) but out of reason.
Torah Umesora and the Agudah have been on notice for decades yet chose to do nothing about this sick man and his employer.
May I be so bold as to ask you to source that accusation?
While you utter platitudes expressing Agudath Israel ’s concern over the safety of our community’s children, Kolko is finding new victims.Yes, Kolko is still molesting children and we have silence to thank for these new victims.
Where are you getting your information, or, better, misinformation? And judging my words as platititudes only makes you even less credible in my eyes. Do you imagine you can see into my heart? Your acting as judge and jury for everything you see or hear says so much.
In closing, I ask why the Agudah sees fit to place an add in the Jerusalem Post protesting the acts of consenting adults yet remains silent about the horrors of the sexual abuse of children in yeshiva?
Because a public dishonor of the holy city of Jerusalem requires a public response of anguish. And community problems, no matter how horrible, require communal, and often quiet, solutions. Such solutions are being found and instituted, but in a responsible manner, not by assuming that every accusation has merit or that there have been cover-ups where no evidence exists for that assertion, and not by having the Orthodox press behave like tabloids.
Thank you again for taking the time to respond.
And thank you for writing. Please try to weigh my words objectively, without the deep emotion you obviously, and understandably, feel. Having strong feelings, though, even feelings of proper outrage, at a crime or a communal problem should not pull us over the brink of being responsible or fair. And in the end, that is the way we will be most effective.
AS
Date: Wed, 8 Nov 2006 12:02:54 -0800 (PST)
Subject: Re: from Rabbi Shafran
To: Avi Shafran
Dear Rabbi Shafran:
I am pleased but not surprised to hear that the ad the Agudah is placing in the Jerusalem Post condemns violence against the march. Clearly, such a condemnation is long overdue. Will your ad also condemn the incitement by some rabbinical figures who are calling for the death (via Pulsa D’Nurah) of supporters of this march? I sincerely hope so. There are many who believe that Rabin’s murder by Amir was incited by such irresponsible proclamations and I hope the Agudah chooses to be a voice of reason in this unfortunate situation.
But, this is not the topic of our discourse so on to the matter at hand.
To suggest that neither the Orthodox media nor the Agudah is responsible to advise and alert the Orthodox community of "such matters" is to shirk your duty to the point of negligence. Camp Agudah is a wholly owned subsidiary of Agudath Israel of America and as such the Agudah bears at least a moral responsibility for what takes place there. The advisories you refer to are known to me including the unprecedented but well written and widely distributed letter sent to parents before this summer’s camp season. While it is unfortunate that this letter followed the filing of a federal lawsuit naming Camp Agudah as a defendant; better late than never.
However, please explain how you reconcile this letter with Rabbi Kolko being contemporaneously allowed to organize and accompany a multi-camp excursion to Lake Compounce, a water park in Connecticut, where he spent his day around boys in bathing suits? Is not the aforementioned letter the epitome of a platitude when it is followed by a reckless disregard for the safety of children in summer camps?
I am astonished that a man of your intelligence can ignore universally accepted medical statistics showing the recidivism rate among pedophiles who undergo treatment. Here we have a prolific pedophile who has not undergone treatment and you suggest that the date of occurrences should dictate a difference in the way he is dealt with today.
You have easy access to clear and convincing evidence of molestation by Kolko in the Mir Yeshiva (1960’s,) Camp Agudah (1970’s,) Yeshiva Torah Temimah (1970’s to date,) Yeshiva Karlin Stolin (1970’s) and Camp MA-NA-VU (1970’s – 1980’s.) Employees of Camp Agudah were apprised of Kolko’s sexual abuse of boys during the camp season at least as early as 1972, yet Kolko continued working for Camp Agudah until he left several years later of his own accord and only after forming his own summer camp. Were the accusations publicized by Camp Agudah? No. Was Kolko reported to the authorities so that they could incarcerate him and investigate the matter? No. Was Kolko fired? No. Does this qualify as a cover up? I’ll allow you to answer this.
I must point out your distortion of my comment on allowing Kolko his day in court. Kolko is entitled to his day in court under our constitution. Kolko has far fewer Halachic rights under which he could be dealt with in a matter of hours. Alas, Kolko has steadfastly refused to appear before a Bet Din so the Halachic approach is negated. My point, which I thought was quite clear, is that pending his “day in court” Kolko is not entitled to such a presumption of innocence that he should be allowed near children. In fact “such precautions” have not been taken and as explained above were certainly not “taken the day the accusations were made.”
Your troubling statement that you would allow neither Kolko nor me to spend time alone with your children; Kolko “because of the accusations against him” and me because you allege I possess an “utter disregard for Jewish ethical imperatives”; suggests a moral equivalency that has no place in any civilized society, secular or religious. I propose you revisit your source of “reason” and reexamine your unsound values.
I agree with your position on dealing with communal problems in a “responsible manner” and without “assuming that every accusation has merit….” and I further agreed with you that the Orthodox press should not “behave like tabloids.” You seem to be missing a vital point. This is not about salacious reportage. This is about informing the community of a problem in order for them to protect their children. Ergo, the “quiet” approach is not only counterproductive but enables the pedophile to continue molesting with impunity.
In this instance, the “quiet” approach was attempted. Rabbis were approached, to no avail. Rabbinical Court was attempted, to no avail. The communal organizations were asked to intercede, to no avail. What would you suggest be done after these attempts are exhausted? Nothing? Surely not. In the face of an absolute failure by a community’s religious leaders and its organizations to deal with this problem there remains no solution but for the members of the community to deal with this matter in any appropriate legal manner available.
As one of the torchbearers of an organization founded upon an activist platform, it behooves you and your four peers to do more than engage in self perpetuation. Having chosen to be in the position you are in, you have accepted the obligation to grow the Agudah out of its unfortunate obscurity. You and your peers have the unenviable task of either changing course and making the Agudah relevant again or of continuing the status quo and causing the Agudah’s extinction or worse yet, condemning it to eternal obscurity.
I leave you with the following thought. Kolko is by far not the only rabbi molester in the right wing Orthodox Jewish community. With an approximate Catholic to Orthodox Jewish population ratio of 1,000 to 1, it follows that for every Orthodox Jewish molester there should be 1,000 Catholic priest molesters. Is it in the community’s best interest to allow this issue to be resolved by the secular authorities or is the community best served by showing the world that it understands it has a problem and is openly addressing it? In my opinion the latter option serves the community best.
I truly appreciate your taking the time to engage in this discourse. I hope my points are getting across to you and that they help produce a much needed change of direction within your once proud organization.
Very truly yours,
From Avi Shafran Wed Nov 8 13:44:40 2006
Message-ID: <45524fc7.f1d306e8@agudathisrael.org> Date: Wed, 08 Nov 2006 16:44:40 -0500
From: Avi Shafran
Subject: Re: from Rabbi Shafran
PERSONAL AND CONFIDENTIAL
Dear Rabbi Shafran:
I am pleased but not surprised to hear that the ad the Agudah is placing in the Jerusalem Post condemns violence against the march. Clearly, such a condemnation is long overdue. Will your ad also condemn the incitement by some rabbinical figures who are calling for the death (via Pulsa D’Nurah) of supporters of this march? I sincerely hope so. There are many who believe that Rabin’s murder by Amir was incited by such irresponsible proclamations and I hope the Agudah chooses to be a voice of reason in this unfortunate situation.
We were not aware of this particular stupidity when the ad was prepared, and probably wouldn't want to call attention to it in any event. Should a reporter, though, ask me about it, I will be clear and straightforward about condemning it.
But, this is not the topic of our discourse so on to the matter at hand.
To suggest that neither the Orthodox media nor the Agudah is responsible to advise and alert the Orthodox community of "such matters" is to shirk your duty to the point of negligence. CampAgudah is a wholly owned subsidiary of Agudath Israel of America and as such the Agudah bears at least a moral responsibility for what takes place there. The advisories you refer to are known to me including the unprecedented but well written and widely distributed letter sent to parents before this summer’s camp season. While it is unfortunate that this letter followed the filing of a federal lawsuit naming CampAgudah as a defendant; better late than never.
As per my earlier note, guidelines to counselors and campers -- as well as comprehensive security measures taken at the camp -- have been part of the procedure for several years. Several years. The letter to parents may have only been instituted this year, but the guidelines (and they are, I assure you, very comprehensive) and other measures well predate not only any lawsuit but any knowledge we have of the case you cite. Whether there is any legal responsibility for something that allegedly took place 30+ years ago in one of our camps even if it was not reported by anyone at the time will be decided, one supposes, by a court. But I think it is not unreasonable to say that there is no moral culpability if there was no knowledge of the alleged misconduct. If you don't see that truism, I don't know what to say. Can you imagine being told that someone was selling drugs from a property you own, unbeknownst to you, and then being held responsible after the fact for complicity in it? Would you find that fair?
However, please explain how you reconcile this letter with Rabbi Kolko being contemporaneously allowed to organize and accompany a multi-camp excursion to Lake Compounce, a water park in Connecticut, where he spent his day around boys in bathing suits?
Is not the aforementioned letter the epitome of a platitude when it is followed by a reckless disregard for the safety of children in summer camps?
Once again, may I have some source for your "information"? And who, exactly, allegedly "allowed" to happen what you say happened? If your answer is a disreputable blog, sorry, it's not an acceptable source for me. If you have a reliable, identifiable witness, please present him or her.
I am astonished that a man of your intelligence can ignore universally accepted medical statistics showing the recidivism rate among pedophiles who undergo treatment. Here we have a prolific pedophile who has not undergone treatment and you suggest that the date of occurrences should dictate a difference in the way he is dealt with today.
And I am astonished that you are not wondrous at the glaring fact that, despite all the publicity given to the allegations of 30+ years ago, no one seems to have come forward to say that Rabbi Kolko molested him or her over the past three decades. Does that not register as odd at all to you? Especially in light of the medical statistics you reference?
You have easy access to clear and convincing evidence of molestation by Kolko in the Mir Yeshiva (1960’s,) Camp Agudah (1970’s,) Yeshiva Torah Temimah (1970’s to date,)
I do not. If you do, please share.
Yeshiva Karlin Stolin (1970’s) and Camp MA-NA-VU (1970’s – 1980’s.)
Ditto.
Employees of CampAgudah were apprised of Kolko’s sexual abuse of boys during the camp season at least as early as 1972,
Ditto.
yet Kolko continued working for Camp Agudah until he left several years later of his own accord and only after forming his own summer camp. Were the accusations publicized by CampAgudah? No. Was Kolko reported to the authorities so that they could incarcerate him and investigate the matter? No. Was Kolko fired? No. Does this qualify as a cover up? I’ll allow you to answer this.
Please try this on for size: I contend that Mr. ******* ************ been harboring a serial murderer, one who has murdered people in 1999 and in 2002 and 2003. That is my allegation. And Mr. ************, further, never went to any authority to expose the murderer in his employ.
Does this not qualify as a cover up? I'll allow you to answer this.
Mr. ************, can you not understand that an allegation is an allegation, and nothing more. Sure, some allegations turn out to have merit, but many do not. And none of us should be accepting allegations as fact until and unless they are proven to be so.
I must point out your distortion of my comment on allowing Kolko his day in court. Kolko is entitled to his day in court under our constitution. Kolko has far fewer Halachic rights under which he could be dealt with in a matter of hours. Alas, Kolko has steadfastly refused to appear before a Bet Din so the Halachic approach is negated. My point, which I thought was quite clear, is that pending his “day in court” Kolko is not entitled to such a presumption of innocence that he should be allowed near children. In fact “such precautions” have not been taken and as explained above were certainly not “taken the day the accusations were made.”
I'm afraid I have no knowledge that anything in your above paragraph is true. But, whatever the fact may be, I have yet to receive from you any proof that the man in question has been allowed near children, much less that Agudath Israel has allowed him to be.
Your troubling statement that you would allow neither Kolko nor me to spend time alone with your children; Kolko “because of the accusations against him” and me because you allege I possess an “utter disregard for Jewish ethical imperatives”; suggests a moral equivalency that has no place in any civilized society, secular or religious. I propose you revisit your source of “reason” and reexamine your unsound values.
I stand by my statement. Acceptance of rumor as fact, and seeking to propagate it, is every bit as destructive as any other immoral behavior. Hotzoas shem ra is compared to murder, no less. If you only tried and convicted accused individuals in your mind, that would be bad enough. But when you imply that Agudath Israel is somehow culpable morally for alleged crimes about which no one here knew anything about at the time, sorry, that is a serious sin.
I agree with your position on dealing with communal problems in a “responsible manner” and without “assuming that every accusation has merit….” and I further agreed with you that the Orthodox press should not “behave like tabloids.” You seem to be missing a vital point. This is not about salacious reportage. This is about informing the community of a problem in order for them to protect their children. Ergo, the “quiet” approach is not only counterproductive but enables the pedophile to continue molesting with impunity.
The public is not being kept from any facts it needs to know. If you think there is any frum parent who is not aware of the need to be vigilant in the area of child abuse (and who was not aware of that need even before they ever heard the name Kolko), you are sorely mistaken. And there is no "quiet approach" here, only a reluctance on the part of frum media (the reason you wrote to begin with) to not focus on the problem in their pages.
In this instance, the “quiet” approach was attempted.Rabbis were approached, to no avail. Rabbinical Court was attempted, to no avail. The communal organizations were asked to intercede, to no avail. What would you suggest be done after these attempts are exhausted? Nothing? Surely not. In the face of an absolute failure by a community’s religious leaders and its organizations to deal with this problem there remains no solution but for the members of the community to deal with this matter in any appropriate legal manner available.
Here, too, you present a list of allegations as fact. They may indeed be fact, but I don't have any knowledge that they are, and I suspect you don't either. What you have are accusations made by others -- others who have no credibility whatsoever.
As one of the torchbearers of an organization founded upon an activist platform, it behooves you and your four peers to do more than engage in self perpetuation.
Just for the record: I am the media liaison for the Agudah. The two executive vice presidents are (under the guidance of the Moetzes Gedolei HaTorah) the policy makers here, not I. Which is why I have labeled all of our communications here personal and confidential. I am writing to you as one caring Jew to another, not in any offical capacity in the name of my organization. But having worked here for 12 years, I know well what my superiors are like, and I assure you that coverers-up they are not. If you got to know Chaim Dovid Zwiebel or Rabbi Shmuel Bloom, you would realize how evil those who level baseless accusations against them truly are. And that's coming from someone who works for them, writing confidentially and honestly.
Having chosen to be in the position you are in, you have accepted the obligation to grow the Agudah out of its unfortunate obscurity. You and your peers have the unenviable task of either changing course and making the Agudah relevant again or of continuing the status quo and causing the Agudah’s extinction or worse yet, condemning it to eternal obscurity.
I don't think the Agudah has ever been obscure, and I certainly have not undertaken to make it anything other than what it is. You are welcome to think the organization irrelevant, but countless other Jews -- Jews whom we have helped in any of myriad ways, and Jews who realize the amazing things that are done by our many divisions -- would take issue with you.
I leave you with the following thought. Kolko is by far not the only rabbi molester in the right wing Orthodox Jewish community. With an approximate Catholic to Orthodox Jewish population ratio of 1,000 to 1, it follows that for every Orthodox Jewish molester there should be 1,000 Catholic priest molesters. Is it in the community’s best interest to allow this issue to be resolved by the secular authorities or is the community best served by showing the world that it understands it has a problem and is openly addressing it? In my opinion the latter option serves the community best.
You are entitled to your opinion (and your math), but the word "openly" is where we disagree. The media, once again, is not the place to try individuals or the place for schools and camps to commuicate with parents.
I truly appreciate your taking the time to engage in this discourse. I hope my points are getting across to you and that they help produce a much needed change of direction within your once proud organization.
I would be dishonest to say that your words have helped produce any change in direction. But I hope you realize that both you and Agudath Israel are interested in the same direction, even if the methods you feel are necessary are seen by us as potentially counterproductive.
Best wishes,
AS
Date: Wed, 6 Dec 2006 20:28:53 -0800 (PST)
To: Avi Shafran
Subject: More baseless rumor? A 2003 victim?
SUPREME COURT OF THE STATE OF NEW YORK,
COUNTY OF KINGS
Index No. 37492/06
JOHN DOE No. 4, by and through his natural parents and guardians, and by his MOTHER and FATHER individually,Plaintiffs,
v.
YESHIVA & MESIVTA TORAH TEMIMAH, INC., Defendant.
Plaintiffs, JOHN DOE NO. 4, by and through his natural parents and guardians, and by his MOTHER and FATHER individually, by and through their attorneys, Herman & Mermelstein, P.A. and Gallet, Dreyer and Berkey, LLP, hereby file this Complaint against Defendant YESHIVA & MESIVTA TORAH TEMIMAH, INC., and state as follows:
INTRODUCTION
1. JOHN DOE NO. 4 ("JOHN" or "JOHN DOE"), is a minor child residing in the State of New York.
2. Plaintiffs, JOHN DOE's MOTHER and JOHN DOE's FATHER, are individuals residing in the State of New York. They are the natural parents and guardians of JOHN, and bring this action on his behalf and in their individual capacities.
3. Plaintiffs demand damages in this action in excess of $10 million.
4. Plaintiffs bring this action anonymously to protect their identities because the allegations herein concern the sensitive matter of sexual abuse upon a minor.
5. At all material times, Defendant, YESHIVA & MESIVTA TORAH TEMIMAH, INC. ("TORAH TEMIMAH"), was a New York not-for-profit religious corporation organized and existing pursuant to the Religious Corporation Law of the State of New York. At all material times, TORAH TEMIMAH was a Jewish day school with its principal place of business in Brooklyn, New York. At all material times, RABBI KOLKO's was an agent, employee, or appointee of TORAH TEMIMAH in his capacities as rabbi, teacher, and/or counselor at the school.SEXUAL ABUSE BY RABBI KOLKO
6. JOHN DOE's parents enrolled JOHN as a student in TORAH TEMIMAH. RABBI KOLKO was a rabbi and teacher at TORAH TEMIMAH.
7. JOHN and his parents placed their trust in TORAH TEMIMAH. In particular, they reposed trust and confidence in the fidelity and integrity of RABBI KOLKO. With the authorization and knowledge of TORAH TEMIMAH, RABBI KOLKO accepted this trust and confidence and used it to gain influence with JOHN, as well as assume control and responsibility over him.
8. During the 2003-04 school year, JOHN was sexually abused by RABBI KOLKO. The abuse took place on TORAH TEMIMAH's premises. At that time, JOHN was in early elementary school at TORAH TEMIMAH.
9. RABBI KOLKO's position of trust and confidence, together with his unfettered access to JOHN at TORAH TEMIMAH, facilitated him in committing the heinous sexual abuse.
10. At all material times, TORAH TEMIMAH knew or should have known that RABBI KOLKO sexually abused young male students under his supervision or control. TORAH TEMIMAH knew or should have known of RABBI KOLKO's dangerous sexual predisposition and/or that he was unfit, dangerous and a threat to the health, safety and welfare of the minors entrusted to his counsel, care and protection at TORAH TEMIMAH.
11. Upon information and belief, TORAH TEMIMAH, through its leader, Rabbi Lipa Marguiles, knew for a period of over 25 years before JOHN was abused of multiple credible allegations of sexual abuse and pedophilia against Rabbi Kolko, yet continued to employ Rabbi Kolko as an elementary school teacher and give him unfettered access to young children. Rabbi Marguiles, in concert with Rabbi Kolko, additionally engaged in tactics of intimidation, threats, coercion and misrepresentations over a period of years with the intent of squelching any complaints or civil claims concerning Rabbi Kolko's misconduct. Such acts and omissions demonstrate extreme gross negligence, recklessness, and/or wanton, willful and malicious conduct, as to be the equivalent of a conscious disregard of the rights of others.COUNT I - NEGLIGENCE
12. Plaintiff repeats and re-alleges, as if fully set forth herein, each and every allegation contained in the above Paragraphs 1 through 11.
13. At all material times, the Defendant TORAH TEMIMAH owed a duty to JOHN to use reasonable care to ensure his safety, care, well-being and health while he was under its care, custody or in the presence of their agents or employees. TORAH TEMIMAH's duties encompassed the hiring, appointment, retention and/or supervision of RABBI KOLKO and otherwise providing a safe environment for JOHN.
14. TORAH TEMIMAH exercised physical care and custody over JOHN as a minor child who was enrolled in the school. As a result, TORAH TEMIMAH took the position and responsibility of JOHN's parents for his care and well being while in its charge.
15. TORAH TEMIMAH breached this duty of care by failing to protect the minor JOHN from sexual assault and lewd and lascivious acts committed by their agent and/or employee, RABBI KOLKO. Despite its knowledge regarding RABBI KOLKO's dangerous propensities, TORAH TEMIMAH failed to take any remedial action, conduct a good faith investigation, and/or place restrictions on RABBI KOLKO's duties and interactions with minors.
16. At all relevant times, TORAH TEMIMAH had grossly inadequate policies and procedures to protect children entrusted to its care and protection, including JOHN.
17. As a direct and proximate cause of TORAH TEMIMAH's failure to remove RABBI KOLKO from his duties and/or otherwise take remedial action upon receiving allegations of sexual abuse against RABBI KOLKO, JOHN was sexually abused.
18. The sexual abuse has caused and will cause JOHN to suffer past, present and future severe and permanent psychological and emotional injuries, as well as attendant economic losses.
COUNT II - BREACH OF FIDUCIARY DUTY
19. Plaintiff JOHN DOE repeats and re-alleges, as if fully set forth herein, each and every allegation contained in the above Paragraphs 1 through 18.
20. At all relevant times, RABBI KOLKO occupied and accepted a position as fiduciary to JOHN as his counselor, advisor and teacher, in a relationship of trust and confidence.
21. TORAH TEMIMAH knew that RABBI KOLKO had a fiduciary relationship with JOHN, and in fact authorized RABBI KOLKO to act as its agent in counseling and advising JOHN. Accordingly, TORAH TEMIMAH was also in a fiduciary relationship with JOHN.
22. TORAH TEMIMAH breached its fiduciary duty to JOHN by allowing RABBI KOLKO to serve as JOHN's rabbi, teacher, counselor, and advisor, despite knowledge of his dangerous sexual propensities.
23. As a direct and proximate cause of TORAH TEMIMAH's failure to remove RABBI KOLKO from his duties and/or otherwise take remedial action upon receiving allegations of sexual abuse by RABBI KOLKO, JOHN was sexually abused.
24. The sexual abuse has caused and will cause JOHN to suffer past, present and future severe and permanent psychological and emotional injuries, as well as attendant economic losses.
COUNT III - LOSS OF CONSORTIUM
25. Plaintiffs, JOHN DOE's MOTHER and JOHN DOE's FATHER, repeat and reallege paragraphs 1 through 24 above.
26. JOHN DOE's MOTHER and JOHN DOE's FATHER have suffered and will suffer tangible, pecuniary losses resulting from TORAH TEMIMAH's negligence and breach of fiduciary duty, including without limitation, loss of services and expenses for medical and psychological care.
DEMAND FOR JURY TRIAL
Plaintiffs hereby demand a trial of their claims by jury
.
DEMAND FOR RELIEF
DEMAND FOR RELIEF
WHEREFORE plaintiffs demand judgment against defendant as follows:
1. On the First Cause of Action, for money damages and punitive damages exceeding $10 million.
2. On the Second Cause of Action, for money damages and punitive damages exceeding $10 million.
3. On the Third Cause of Action, for damages in an amount to be specified at trial.
4. Court costs, prejudgment interest, and such further relief the Court deems just and proper.
Respectfully submitted,
HERMAN & MERMELSTEIN, P.A.
Jeffrey M. Herman, Esq.
Stuart S. Mermelstein, Esq.
18205 Biscayne Boulevard
Suite 2218Miami, Florida 33160
Telephone: (305) 931-2200
Facsimile: (305) 931-0877
www.hermanlaw.com
and
GALLET DREYER & BERKEY LLP
845 Third Avenue - 8th Floor
New York, New York 10022
Tel. (212) 935-3131
Fax (212) 935-4514
By:David T. Azrin, Esq.
From Avi Shafran Thu Dec 7 06:27:04 2006
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Thu, 7 Dec 2006 09:29:33 -0500
Date: Thu, 07 Dec 2006 09:27:04 -0500
From: Avi Shafran
Subject: Re: More baseless rumor? A 2003 victim?
Are you really unaware of the distinction between an accusation (and lawsuit) and an establishment of fact?
AS
Date: Thu, 7 Dec 2006 07:12:45 -0800 (PST)
Subject: Re: More baseless rumor? A 2003 victim?
To: Avi Shafran
Am I to understand that you are now taking the position that the Agudah's position on this matter will depend upon the findings of a jury?
From Avi Shafran Thu Dec 7 08:04:29 2006
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Date: Thu, 07 Dec 2006 11:04:29 -0500
From: Avi Shafran
Subject: Re: More baseless rumor? A 2003 victim?
Don't know about that. But it certainly won't depend upon claims made in a multi-million dollar lawsuit.
Date: Thu, 7 Dec 2006 09:16:12 -0800 (PST)
Subject: Re: More baseless rumor? A 2003 victim?
To: Avi Shafran
I see. So absent your presence during the abuse while two kosher witnesses observe the assault after giving a technically perfect hasroah; you will believe nothing. A fine strategy for protecting the sanctity of our children.
From Avi Shafran Thu Dec 7 09:49:27 2006
Thu, 07 Dec 2006 09:51:05 -0800
Received: from agudathisrael.org (h-68-167-46-186.nycmny83.covad.net [68.167.46.186])
Date: Thu, 07 Dec 2006 12:49:27 -0500
From: Avi Shafran
Subject: Re: More baseless rumor? A 2003 victim?
At no point have I ever insisted that only a halachically prosecutable standard would convince me of likely crimes (please feel free to check all that I have written you). At the same time, though, something more than an accusation is necessary for me (or any observant Jew) to conclude that someone is guilty of a terrible crime -- like committing or covering up and allowing for child abuse.
Do you really feel that an accusation is all that is necessary for a conclusion? A fine strategy for protecting innocent people.
Date: Thu, 7 Dec 2006 10:11:27 -0800 (PST)
Subject: Re: More baseless rumor? A 2003 victim?
To: Avi Shafran
Does the term koila d'lo pusuk mean anything to you? Are you not familiar with the halachic rules of evidence as they pertain to matters of this nature?
You need to take a deep breath and reconnect with your G-d given human decency which it seems you have distorted in the name of a perverse version of our sacred religion. (Or are you "just following orders"?) The positions you espouse should not be coming from the pen of any observant Jew least of all the official spokesman for the Agudath Israel of America.
From Avi Shafran Thu Dec 7 10:58:28 2006
Received: from agudathisrael.org (h-68-167-46-186.nycmny83.covad.net [68.167.46.186])
Date: Thu, 07 Dec 2006 13:58:28 -0500
From: Avi Shafran
Subject: Re: More baseless rumor? A 2003 victim?
Does the term koila d'lo pusuk mean anything to you? Are you not familiar with the halachic rules of evidence as they pertain to matters of this nature?
I am not familiar with the term as you render it. If, though, you mean a "kol", then I would say that that there are halachic definitions about what constitutes a kol. If you have asked a reputable posek whether the accusations in question (particularly those about alleged cover ups) meet the criteria for a kol, please share the name of the posek and the precise words of his psak. If you have not, I would suggest that "do it yourself" paskening is not a hobby any of us should undertake -- particularly when the reputations and even lives of others are in the balance.
Subject: Re: More baseless rumor? A 2003 victim?
Are you really unaware of the distinction between an accusation (and lawsuit) and an establishment of fact?
AS
Date: Thu, 7 Dec 2006 07:12:45 -0800 (PST)
Subject: Re: More baseless rumor? A 2003 victim?
To: Avi Shafran
Am I to understand that you are now taking the position that the Agudah's position on this matter will depend upon the findings of a jury?
From Avi Shafran Thu Dec 7 08:04:29 2006
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Message-ID: <45783b8d.ada212ca@agudathisrael.org>
Date: Thu, 07 Dec 2006 11:04:29 -0500
From: Avi Shafran
Subject: Re: More baseless rumor? A 2003 victim?
Don't know about that. But it certainly won't depend upon claims made in a multi-million dollar lawsuit.
Date: Thu, 7 Dec 2006 09:16:12 -0800 (PST)
Subject: Re: More baseless rumor? A 2003 victim?
To: Avi Shafran
I see. So absent your presence during the abuse while two kosher witnesses observe the assault after giving a technically perfect hasroah; you will believe nothing. A fine strategy for protecting the sanctity of our children.
From Avi Shafran Thu Dec 7 09:49:27 2006
Thu, 07 Dec 2006 09:51:05 -0800
Received: from agudathisrael.org (h-68-167-46-186.nycmny83.covad.net [68.167.46.186])
Date: Thu, 07 Dec 2006 12:49:27 -0500
From: Avi Shafran
Subject: Re: More baseless rumor? A 2003 victim?
At no point have I ever insisted that only a halachically prosecutable standard would convince me of likely crimes (please feel free to check all that I have written you). At the same time, though, something more than an accusation is necessary for me (or any observant Jew) to conclude that someone is guilty of a terrible crime -- like committing or covering up and allowing for child abuse.
Do you really feel that an accusation is all that is necessary for a conclusion? A fine strategy for protecting innocent people.
Date: Thu, 7 Dec 2006 10:11:27 -0800 (PST)
Subject: Re: More baseless rumor? A 2003 victim?
To: Avi Shafran
Does the term koila d'lo pusuk mean anything to you? Are you not familiar with the halachic rules of evidence as they pertain to matters of this nature?
You need to take a deep breath and reconnect with your G-d given human decency which it seems you have distorted in the name of a perverse version of our sacred religion. (Or are you "just following orders"?) The positions you espouse should not be coming from the pen of any observant Jew least of all the official spokesman for the Agudath Israel of America.
From Avi Shafran Thu Dec 7 10:58:28 2006
Received: from agudathisrael.org (h-68-167-46-186.nycmny83.covad.net [68.167.46.186])
Date: Thu, 07 Dec 2006 13:58:28 -0500
From: Avi Shafran
Subject: Re: More baseless rumor? A 2003 victim?
Does the term koila d'lo pusuk mean anything to you? Are you not familiar with the halachic rules of evidence as they pertain to matters of this nature?
I am not familiar with the term as you render it. If, though, you mean a "kol", then I would say that that there are halachic definitions about what constitutes a kol. If you have asked a reputable posek whether the accusations in question (particularly those about alleged cover ups) meet the criteria for a kol, please share the name of the posek and the precise words of his psak. If you have not, I would suggest that "do it yourself" paskening is not a hobby any of us should undertake -- particularly when the reputations and even lives of others are in the balance.
As to the rules of evidence, I am somewhat familiar with them, and
accusations, no matter how forceful and ugly they may be, do not reach the
minimum requirement of evidence.
You need to take a deep breath and reconnect with your G-d given human decency which it seems you have distorted in the name of a perverse version of our sacred religion. (Or are you "just following orders"?) The positions you espouse should not be coming from the pen of any observant Jew least of all the official spokesman for the Agudath Israel of America.
I thank you for your advice and assure you that I have received no "orders" from anyone here -- and reiterate that all my communications with you are personal and not organizational. I am a simple Jew who is not willing to be brought to judge another Jew simply because he has been accused of something. If and when facts emerge to shed light on any crime, that will be a different matter. But unless and until that happens, I act as I understand it to be Hashem's will.
Date: Fri, 8 Dec 2006 04:54:42 -0800 (PST)
Subject: Kolko
To: Avi Shafran
What is the Agudah's response to this?
December 8, 2006 Edition > Section: New York
Brooklyn Rabbi Arrested On Sexual Assault Charges
BY BRADLEY HOPE - Staff Reporter of the Sun
December 8, 2006
URL: http://www.nysun.com/article/44810
A Brooklyn rabbi was arrested on charges of sexual assault of a child yesterday, police officials said.
Rabbi Yehudi Kolko, 60, who taught at an all-boys school, in May was the target of a $20 million lawsuit by a former student. On Tuesday, another student filed a lawsuit seeking $10 million. Both students say Mr. Kolko sexually assaulted them.
Mr. Kolko was arrested yesterday at his home at 1249 E. 22nd St. following a long-term investigation, police said.
He was charged with four counts of sexual abuse, including two felony counts, and endangering the welfare of a child, police said.
The most recent sexual abuse was allegedly against an 8-year-old boy, who says he was abused while he was in the first grade during the 2002-03 school year, police said.
Mr. Kolko has been on administrative leave since May from Torah Temimah, a school for Orthodox boys school in Brooklyn with 1,000 students. He was also active in the school's summer camp, Camp Silver Lake, according to an article in New York magazine.
According to the magazine article, he attracted suspicion among religious leaders in the mid-1980s for similar allegations. A dozen children reported to counselors that Mr. Kolko had abused them, but those accounts did not lead to a criminal investigation, the article said.
As of yesterday evening, Mr. Kolko had not been arraigned on the charges in Brooklyn Criminal Court.
From Avi Shafran Fri Dec 8 06:32:52 2006
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Message-ID: <4579778e.31085a81@agudathisrael.org>
Date: Fri, 08 Dec 2006 09:32:52 -0500
From: Avi Shafran
Subject: Re: Kolko
Were the person in question an official or employee in our organization, I suppose an organizational response would be appropriate. Since he is not, I don't see any more reason to offer a response than to the arrest of anyone for anything.
Have a good Shabbos.
AS
You need to take a deep breath and reconnect with your G-d given human decency which it seems you have distorted in the name of a perverse version of our sacred religion. (Or are you "just following orders"?) The positions you espouse should not be coming from the pen of any observant Jew least of all the official spokesman for the Agudath Israel of America.
I thank you for your advice and assure you that I have received no "orders" from anyone here -- and reiterate that all my communications with you are personal and not organizational. I am a simple Jew who is not willing to be brought to judge another Jew simply because he has been accused of something. If and when facts emerge to shed light on any crime, that will be a different matter. But unless and until that happens, I act as I understand it to be Hashem's will.
Date: Fri, 8 Dec 2006 04:54:42 -0800 (PST)
Subject: Kolko
To: Avi Shafran
What is the Agudah's response to this?
December 8, 2006 Edition > Section: New York
Brooklyn Rabbi Arrested On Sexual Assault Charges
BY BRADLEY HOPE - Staff Reporter of the Sun
December 8, 2006
URL: http://www.nysun.com/article/44810
A Brooklyn rabbi was arrested on charges of sexual assault of a child yesterday, police officials said.
Rabbi Yehudi Kolko, 60, who taught at an all-boys school, in May was the target of a $20 million lawsuit by a former student. On Tuesday, another student filed a lawsuit seeking $10 million. Both students say Mr. Kolko sexually assaulted them.
Mr. Kolko was arrested yesterday at his home at 1249 E. 22nd St. following a long-term investigation, police said.
He was charged with four counts of sexual abuse, including two felony counts, and endangering the welfare of a child, police said.
The most recent sexual abuse was allegedly against an 8-year-old boy, who says he was abused while he was in the first grade during the 2002-03 school year, police said.
Mr. Kolko has been on administrative leave since May from Torah Temimah, a school for Orthodox boys school in Brooklyn with 1,000 students. He was also active in the school's summer camp, Camp Silver Lake, according to an article in New York magazine.
According to the magazine article, he attracted suspicion among religious leaders in the mid-1980s for similar allegations. A dozen children reported to counselors that Mr. Kolko had abused them, but those accounts did not lead to a criminal investigation, the article said.
As of yesterday evening, Mr. Kolko had not been arraigned on the charges in Brooklyn Criminal Court.
From Avi Shafran Fri Dec 8 06:32:52 2006
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Message-ID: <4579778e.31085a81@agudathisrael.org>
Date: Fri, 08 Dec 2006 09:32:52 -0500
From: Avi Shafran
Subject: Re: Kolko
Were the person in question an official or employee in our organization, I suppose an organizational response would be appropriate. Since he is not, I don't see any more reason to offer a response than to the arrest of anyone for anything.
Have a good Shabbos.
AS
From Avi Shafran Tue Dec 12 06:52:31 2006
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Date:Tue, 12 Dec 2006
09:52:31 -0500
From: Avi Shafran
Subject: personal and confidential
PERSONAL AND CONFIDENTIAL
May I ask why you disregarded the label above, which was appended to our past correspondence as well.
I assumed that you are a community member of good will who is simply (and understandably) outraged at a crime for which someone stands accused. And that you wanted to engage me in an honest manner. That is why I responded forthrightly and openly -- and why I labeled our correspondence private.
Can you explain why it has apparently been placed in the public sphere?
Rabbi Avi Shafran
Date:Tue, 12 Dec 2006 09:03:50
-0800 (PST)
Subject: Re: personal and confidential
To: Avi Shafran
Dear Rabbi Shafran:
I thought long and hard before releasing our exchange. In light of recent events, I felt the need to publicize your organization's outrageous stand on this matter and did so with the proviso that in the interest of accuracy, your “Personal and Confidential” label remain in the text.
I remain very uncomfortable with my decision and sincerely apologize for any personal discomfort its release may cause you.
My decision to release the e-mail exchange was predicated upon the simple principle that as the official spokesman for the Agudath Israel ofAmerica
With all due respect, I have no reason to “engage you” or seek your personal comment on any matter. I daresay the same applies to anyone corresponding with you on communal issues. To suggest that an exchange with the Director of Public Affairs of the Agudath Israel ofAmerica
When an egregious crime is perpetrated upon our community and the public spokesman for a publicly funded organization which is complicit in the crime, takes an indefensible position cloaked in a gratuitous cover of "Personal and Confidential," the public’s need to know trumps a self serving label.
I opened our dialogue expressing outrage at the organization you represent and believe that events of the past week drive my point home. That you and the organization you represent stand firm in your convictions vis-a-vis this matter is far from laudable.
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Date:
From: Avi Shafran
Subject: personal and confidential
PERSONAL AND CONFIDENTIAL
May I ask why you disregarded the label above, which was appended to our past correspondence as well.
I assumed that you are a community member of good will who is simply (and understandably) outraged at a crime for which someone stands accused. And that you wanted to engage me in an honest manner. That is why I responded forthrightly and openly -- and why I labeled our correspondence private.
Can you explain why it has apparently been placed in the public sphere?
Rabbi Avi Shafran
Date:
Subject: Re: personal and confidential
To: Avi Shafran
Dear Rabbi Shafran:
I thought long and hard before releasing our exchange. In light of recent events, I felt the need to publicize your organization's outrageous stand on this matter and did so with the proviso that in the interest of accuracy, your “Personal and Confidential” label remain in the text.
I remain very uncomfortable with my decision and sincerely apologize for any personal discomfort its release may cause you.
My decision to release the e-mail exchange was predicated upon the simple principle that as the official spokesman for the Agudath Israel of
With all due respect, I have no reason to “engage you” or seek your personal comment on any matter. I daresay the same applies to anyone corresponding with you on communal issues. To suggest that an exchange with the Director of Public Affairs of the Agudath Israel of
When an egregious crime is perpetrated upon our community and the public spokesman for a publicly funded organization which is complicit in the crime, takes an indefensible position cloaked in a gratuitous cover of "Personal and Confidential," the public’s need to know trumps a self serving label.
I opened our dialogue expressing outrage at the organization you represent and believe that events of the past week drive my point home. That you and the organization you represent stand firm in your convictions vis-a-vis this matter is far from laudable.
Posted by Avi Shafran Speaks at 12/11/2006
09:14:00 PM 40 comments
