Reporting & Response Process related to
Congregation Har HaShem’s Code of Conduct
Reporting and Remedy
To create an open tent that is a welcome space for diversity of ability, background, race, color, national origin, sex, gender identity and expression, age, sexual orientation, religious practice, and political belief, it is important that all individuals – including visitors, congregants, lay leaders, staff, and clergy – feel comfortable and safe to be heard.
To facilitate this goal, and to help prevent other persons from experiencing discomfort, Congregation Har HaShem encourages any individual who has experienced discriminatory or unwelcome behavior to make a report using one of the procedures described below. An individual should consider the options for reporting and possible remedies that can be pursued.
Reporting Please note that it is possible for an individual to make an informal report and later elect to file a formal report after working with a mediator. | ||
Report Type | Description | Details |
Informal Report | Someone desiring to discuss a matter may contact one of our vetted mediators, whose contact information is available here. The purpose of having an identified, trained mediator(s) is to provide a safe, neutral space for discussion. This alternative will Include the details in the next column. | The mediator will assist the person making the informal report in clarifying what happened and how they would like to proceed. The mediator will help the person understand the possible formal reporting process, decide what outcome the person wishes to achieve, and which of the remedies listed below the person wishes to pursue. The mediator will not record the name of the person reporting or investigate the matter. However, the mediator may keep a record of types or dates of incidents reported for statistical purposes to the Congregation. Except in anonymous statistical reports, Congregation Har HaShem will not be informed of the matter. To the extent permitted by law, the mediator will maintain confidentiality. (See Confidentiality below) |
Formal Report | Someone desiring to make a formal report may contact the President of the Congregation’s Board of Trustees, or the Executive Director. This alternative will include the details in the next column. | The person making a formal report will be asked to provide a detailed description of the incident(s) that has/have triggered filing the report, including dates and times, where it/they occurred, any witnesses, and any others with whom the matter was discussed, the impact of the incident(s) on the person, and any other relevant information. The President of the Board of Directors (President) or synagogue Executive Director, or a designee of either, will investigate, including by talking to those with knowledge and gathering any relevant other information. The person alleged to have caused the unwelcome behavior (the respondent) will be given a copy of the report and asked to provide a response. This alternative involves less confidentiality because of the additional persons involved in the process. However, Congregation Har HaShem will use its best efforts to maintain confidentiality. (See Confidentiality below) The investigator will write a written report of facts and any conclusions, and provide it to the complainant, respondent, and Board President. The investigator shall refer to the Board of Directors (Board) any matter where the investigator has found the allegations credible. Otherwise, the matter will be closed. The Board shall review all matters referred and write up its findings and conclusions and provide them to the complainant and respondent. If the Board finds the allegation not credible, the matter will be closed. If the Board finds the allegations credible, the Board shall determine appropriate sanction(s), if any, or enable other remedies, at which point the matter will be closed. |
Potential Remedies Regardless of which method of reporting is chosen, the person reporting may consider and choose to pursue the following potential remedies, after discussing with the mediator in the case of an informal report. Please note that the remedies are not connected to either reporting process. However, some of the remedies listed below, such as filing an official report to trigger an investigation, necessarily result in confidentiality not being maintained even if an individual makes a confidential report. An individual who chooses to file a Formal Report may still seek remedies, such as mediation or restorative justice, regardless of a formal investigation or sanction. | |
Remedy Examples | Commentary |
| Congregation Har HaShem recognizes that the remedy or healing that an individual seeks may take different forms and we encourage this be done through a lens of Tikkun and Teshuva to repair any harm caused. The individual who initiates the process will be heard. To the extent appropriate, the individual’s preferences will be taken into consideration. The remedies noted are examples of options, but do not represent an exhaustive list. Congregation Har HaShem will strive to use non-confidential information received to develop a more welcoming synagogue environment. |
Role of Clergy
Congregation Har HaShem clergy will not serve as mediators or investigators, so as not to compromise their roles in providing spiritual guidance for all congregants, and so they may be part of a resolution process. If an individual reports an offense to Har HaShem clergy, he/she/they may explain the potential conflict and redirect to a mediator or one of the people designated to receive reports.
Retaliation Prohibited
Congregation Har HaShem prohibits retaliation against anyone who makes a report in good faith or participates in the investigation (for example, as a witness) or the response or remedy to that report.
Confidentiality
Congregation Har HaShem will maintain confidentiality to the extent permitted by law. It will use its best efforts to maintain confidentiality except where information contained in a formal report or subsequent investigation triggers a legal mandate to report, such as abuse of a minor or elder. Congregation Har HaShem may not be able to maintain confidentiality following formal reports, for example, if there are legal proceedings subsequent to an investigation.
Regarding informal reports, regardless of whether the mediator is a mandatory reporter under Colorado law, Congregation Har HaShem supports the mediator reporting to the proper authorities known or suspected abuse or neglect of a child; mistreatment of an elder or an at-risk adult; or any communications revealing the intent to commit a felony, inflict bodily harm, or threaten the safety of a child.