NCSY Conduct, Policy, and Behavioral Standards Manual

I. INTRODUCTION

The Orthodox Union (the “OU”) and the National Conference of Synagogue Youth (“NCSY”) are committed to creating a safe, appropriate and Halakhic¹ environment free from abuse, bullying, sexual misconduct and violence. Everyone engaged with the OU and NCSY anywhere in the world is expected to act according to this mission. NCSY is committed to fostering a culture of reporting misconduct and abuse. This NCSY Conduct, Policy, and Behavioral Standards Manual (the “Manual”)² outlines behavioral expectations for adults and participants and articulates procedures for reporting concerns about misconduct and abuse in NCSY programs. NCSY is committed to the health and safety of all its participants and reserves the right in its sole discretion to take appropriate disciplinary action in response to a violation of this Manual, including removal from NCSY programs.

Reporting Misconduct

NCSY encourages anyone with a suspicion of misconduct or abuse in NCSY programming to make a report. A report may be made at any time to any of the following; however, NCSY encourages reports to be made in the following order:

NCSY Participants, Staff and Adults, Defined

NCSY participants (“NCSY Participants”) include anyone participating in NCSY programs, whether in-person or virtually.

NCSY staff (“NCSY Staff”) include:

• Year-round Employees, including full time and part-time employees serving in any capacity; and
• Seasonal Employees, including employees serving in any capacity in summer programs and summer camp.

NCSY adults (“NCSY Adults”) include, but are not limited to:

• NCSY Staff; and
• Advisors and Volunteers, including young adults who volunteer or are paid to serve in NCSY functions.

NCSY Adults and Participants are expected to adhere to the standards set forth in the Manual. A copy of the Manual will be made available to all adult guests, including program guests, scholars in residence, visiting educators and entertainers.

II. HALAKHA

NCSY Adults and Participants must observe Torah Laws at NCSY programs and events. Whenever a question about a Halakhic matter arises at a synagogue-sponsored event, the rabbi of the synagogue should be consulted. Halakhic questions regarding a regionally sponsored event or events that are not synagogue-based are to be directed to the Regional Director or to the NCSY professional running the event, who will consult with a proper regional or organizational posek³.

Negiah

All halakhot of negiah (physical contact) must be observed at all times during NCSY events. Physical contact between males and females is prohibited except to protect or safeguard someone in immediate physical danger.

Yichud

The OU and NCSY uphold the Halakhic standard of yichud, which prohibits seclusion in a private area of a man and a woman who are not married to each other. NCSY Adults and Participants are expected to avoid any situation where yichud is an issue.

Nekiyut Halashon

Nekiyut halashon, or cleanliness of language, serves as the standard that should guide NCSY Adults and Participants. Words should be respectful and chosen with regard to their impact upon the listener.

Dress Code

NCSY Adults must adhere to the following dress code while at any NCSY program or event:

Males: Any clothing that inappropriately highlights the male body is not allowed, including skinny jeans, tight pants and shirts and sleeveless shirts. All males are expected to wear kippot, tzitzit and dress respectably and appropriately.

Females: Any clothing that inappropriately highlights the female body is not allowed. Proper levels of tzniut (modesty) include but are not limited to skirt and dress length of at least touching one’s knee, elbows at least partially covered, and one’s shirt neckline not to fall below one’s collarbone.

III. BEHAVIORAL EXPECTATIONS FOR NCSY ADULTS

Screening and Education

NCSY Adults are held to the highest standards and efforts are made to screen and hire NCSY Adults that embody the mission of NCSY. All NCSY Adults must complete a background check in accordance with applicable laws. All NCSY Adults must affirm their commitment to the policies outlined in this Manual and receive training on abuse prevention, reporting and response procedures.

NCSY and OU Staff Policies

Along with this Manual, NCSY Staff are required to comply with all other applicable NCSY and OU policies, including the OU Employee Handbook, the OU Operations Policies and Procedures Guide and the NCSY Guide.

Mandated and Other Required Reporting

Legally Mandated Reporting

The OU and NCSY take all allegations of abuse seriously and adhere to mandatory reporting requirements, which differ by state and country. Mandated reporting of suspected abuse, neglect and other harm may be required by law, as well as Halakah. NCSY Adults are required to receive annual education on mandatory reporting and be aware of their reporting obligations. Because each state and country have different mandated reporting laws, the OU General Counsel’s Office has compiled a state-by-state directory, which is available to all NCSY Adults.

Report Suspected Violations of the Manual by NCSY Adults

In addition to any compliance with mandatory reporting obligations, NCSY Adults must immediately make an internal report if they have any suspicion or reason to believe, whether based on first-hand or second-hand information, that a violation of this Manual by an NCSY Adult or other adult has occurred. Internal reports should be made to an NCSY local director, NCSY management, including COO Daniel Gordon (by phone 212-613-8110 or by email gordond@ncsy.org), OU General Counsel Rachel Sims (by phone 646-689-2104 or by email simsr@ou.org), and/or the Hotline (by phone 866-57THEOU (866-578-4368) or by email ou-reporting@thepaulfirm.com). This report must be made regardless of and simultaneous to any legally required mandated reporting.

If any NCSY Adult believes that a situation involves unlawful activity or warrants law enforcement involvement, NCSY supports their decision to report the matter to the appropriate authorities. If an NCSY Adult has a question about whether an incident warrants a report to law enforcement, they are encouraged to consult an NCSY local director, NCSY management, including COO Daniel Gordon (by phone 212-613-8110 or by email gordond@ncsy.org), OU General Counsel Rachel Sims (by phone 646-689-2104 or by email simsr@ou.org) and/or the Hotline (by phone 866-57THEOU (866-578-4368) or by email ou-reporting@thepaulfirm.com).

Boundary Guidelines

In light of the potential influence, power dynamics and imbalance in relationships between NCSY’s teenaged participants and adults who work and volunteer at NCSY, NCSY offers these guidelines to ensure that everyone understands where appropriate boundary lines exist.

There may be exceptional circumstances in which an NCSY Adult must cross one of the boundary guidelines for safety purposes. Should any NCSY Adult ever feel that a situation has arisen that calls for or justifies deviation from the boundary guidelines, he or she must bring it to the attention of a Managing Director.

While the following boundary guidelines do not expressly apply to participant/adult relationships when the NCSY Adult is the parent, guardian or sibling of the participant, all NCSY Adults must remain mindful of their interactions with any participant, even their own child(ren) in and outside of NCSY. Those NCSY Adults with family members in NCSY should reach out to a Managing or Regional Director with any questions. NCSY Adults are expected to maintain the highest level of professionalism and adherence to Halakha and relevant law. NCSY Adults must always be mindful of the special position of trust they occupy as caregivers and role models. When it comes to boundaries, the OU and NCSY expect NCSY Adults to conduct themselves in a manner that promotes Safe Touch, Safe Dynamics, Safe Talk, Safe Spaces and Safe Media and endeavor to avoid any behavior that might have even the appearance of impropriety.

SAFE TOUCH

Physical Contact Should Be Limited

Limited physical contact as an act of encouragement or consolation between members of the same gender is permitted, assuming the contact is welcome, consensual, appropriate and not sexual in nature. NCSY Adults should limit physical contact with NCSY Participants of the same gender to quick hugs, high fives and the touching of shoulders and hands while dancing, singing or participating in Havdalah as part of a group event. Sitting on someone’s lap or intimate touching (such as a massage) is prohibited. NCSY Adults participating in sports games with NCSY Participants should limit physical contact to that which is reasonable, not sexual in nature and appropriate for that sport. Patting of the buttocks with a hand or object, even in an athletic context, is prohibited.

If an NCSY Participant attempts to engage in repeated or prolonged physical contact with an NCSY Adult, the NCSY Adult should clearly and firmly discourage such behavior. If the NCSY Participant persists, the NCSY Adult should inform an NCSY supervisor.

Roughhousing Prohibited

NCSY Adults may not engage in physical horseplay, roughhousing, wrestling, tickling or other inappropriate games with an NCSY Participant.

Physical Discipline Prohibited

NCSY Adults may not discipline NCSY Participants in any physical manner.

Physical Abuse Prohibited

NCSY Adults are strictly prohibited from engaging in any form of physical abuse of a participant. Physical abuse means any intentional physical contact that causes, or creates a serious risk of causing, pain or physical injury to another person.

Sexual Abuse Prohibited

NCSY Adults are strictly prohibited from engaging in any form of sexual abuse of a participant. Sexual abuse in this context means any form of sexual activity with a participant or a person under the age of 18.

Sexual activity includes, but is not limited to:

• Kissing
• Sexual touching of another person’s body whether clothed or unclothed
• Using a body part or object to penetrate another person
• Exposing an intimate body part to another person
• Invading another person’s privacy to view them in a state of undress
• Sexual exploitation, including leveraging a position of power to compel another person to engage in sexual activity
• Enticing another person to engage in sexual activity
• Sexual harassment, including unwelcome sexual advances and requests for sexual favors
• Providing or showing sexually explicit material

SAFE DYNAMICS

Emotional Abuse Prohibited

NCSY Adults are strictly prohibited from engaging in any form of emotional abuse of a participant. Emotional abuse means non-physical behavior that involves insulting, humiliating or instilling fear in another person to exert control. Emotional abuse can be sexual and includes, but is not limited to, leveraging a position of power to compel an NCSY Participant to engage in sexual activity, threatening to reveal information about a participant’s sexual preferences or experience and exposing a participant to pornography or other content that may threaten their emotional welfare.

Grooming Behavior Prohibited

NCSY Adults are strictly prohibited from engaging in grooming behavior with a participant. Grooming behaviors are those designed to build a relationship of trust and emotional connection for the purpose of manipulating, exploiting and/or abusing them.

Grooming can involve a variety of problematic behaviors, including:

• Showing favoritism
• Confiding in a participant
• Speaking to a participant as a peer or about inappropriate subject matters
• Asking a participant to keep a secret
• Creating opportunities to communicate privately or be physically alone with a participant
• Lavishing attention on a particular participant

Peer-Like Behavior Prohibited

NCSY Adults should keep in mind that they are not the NCSY Participants’ “friend” and should not engage in peer-like behavior with them.

Gift-Giving Guidelines

Using gift-giving to single out or create a special relationship with one or more participants is prohibited. Any questions about the appropriateness of a gift or interaction should be brought to an NCSY Supervisor.

Adult/Participant Relationships Prohibited

An NCSY Adult may not engage in a relationship with a minor under the age of 18 years old. After the graduation of an NCSY Participant from high school, an NCSY Adult must wait one year before engaging in a romantic relationship with a former NCSY Participant.

Emotional and Familial Boundaries

NCSY Adults may not direct an NCSY Participant to keep a secret from or withhold information from his/her parents or any other NCSY Adults. NCSY Adults may not disparage a participant’s family members, nor their religious practices, and must speak respectfully when addressing or speaking about participants, parents, schools, rabbis, synagogues, etc.

NCSY Adults may not encourage “hero worship” and should not engage with an NCSY Adult or Participant who is exhibiting such behavior. NCSY Adults should be sensitive to the power dynamics that are present between themselves and participants and endeavor to see that NCSY Participants are referred to the appropriate resources for assistance when necessary. If an NCSY Adult believes that an NCSY Adult or Participant is exhibiting signs of “hero worship,” the NCSY Adult should report this behavior to a supervisor.

If it is brought to the attention of an NCSY Adult that his or her attempt to recommend a particular school or program is causing conflict with the parents of the NCSY Participant, the NCSY Adult should inform the Regional Director and/or International Director and leave it to him or her to speak with the NCSY Participant’s parents.

NCSY Adults may not force, manipulate, or coerce an NCSY Participant to engage in Torah observance or other activities. Examples include but are not limited to:

• Applying negative pressure or fear to achieve a desired result
• Making an NCSY Participant 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
• Conditioning a relationship on a participant’s observance or religious decisions

SAFE TALK

Unsafe Talk and Language Prohibited

The words NCSY Adults use and the way they use them can have a big impact on NCSY Participants and the environment at NCSY programs. NCSY Adults are prohibited from engaging in unsafe talk and language when communicating with, or in the presence of, participants. NCSY Adults are expected to use language that is respectful, Halakhic, age-appropriate and positive in tone, and to avoid discussing mature or otherwise inappropriate subject matters in the presence of participants. Any general discussion of healthy relationships should not include personal sexual experiences or information.

Examples of unsafe talk and language include but are not limited to:

• Threats
• Curse words
• Sexually explicit or suggestive language
• Harassing, shaming or bullying language
• Talk about an NCSY Adult or other adult’s body, clothing, sexual activity or sexual lives
• Talk about a participant or other minor’s body, clothing or sexual activity
• Talk about drug/alcohol and other substance use
• Talk that reveals inappropriate details of one’s personal life
• Conversations about or viewing of sexually explicit material
• Talk that tends to isolate a participant from others
• Talk that places a participant in the role of adult confidant
• Use of inappropriate nicknames or names with which the participant is uncomfortable

SAFE SPACES

Observable and Interruptible Interactions Encouraged

NCSY Adults should make efforts to avoid being in private, one-on-one situations with participants, including in a room with a closed door, absent an emergency. It is understood that NCSY Adults may meet with NCSY Participants for educational purposes outside of NCSY program time and that some of those meetings may be one-on-one. Anytime a one-on-one interaction between an NCSY Adult and Participant does occur, the interaction must be observable and interruptible⁴. In practice, this might mean finding a non-enclosed space for a conversation, keeping a door open or telling another NCSY Adult about the anticipated meeting.

Guidelines for Interactions in NCSY Adults’ Residences

NCSY Adults may never invite an NCSY Participant to their residence without having another individual present and parental permission. For any get-together at an NCSY Adult’s residence, the event must be logged in the NCSY database in advance of the event and the names of the NCSY Participants must be logged into the NCSY database within 36 hours after the program. If an unplanned gathering occurs at an NCSY Adult’s residence, the event and names of participants must be logged in the NCSY database within 36 hours after the interaction.

NCSY Adults may not visit a participant’s home without the presence of the participant’s parent or guardian.

Guidelines for Housing on Overnights/Shabbatons

During any overnight trip, the following rules apply:

• NCSY will ensure that every participant has their own area to sleep in, and that no participant will share a bed with another participant. Sleeping bags, air mattresses and cots will be available to ensure no one is sharing a bed with another participant.
• NCSY Adults may not share a room or bed with NCSY Participants.
• NCSY Adults may not be alone one-on-one with an NCSY Participant in any participant’s room or invite a participant to sleep in an NCSY Adult’s room.
• NCSY Adults may not be in a participant’s room when the NCSY Participant is changing or sleeping (even if there are other people present).
• If a situation arises during which it becomes necessary for an NCSY Adult to be in an NCSY Participant’s room, such as when a participant is sick, the NCSY Adult should ensure that another NCSY Adult is present or made aware of the situation.
• NCSY Adults may never be in a locked room with NCSY Participants.
• Except in the case of a medical emergency or where an NCSY Adult suspects ingestion of drugs or alcohol, NCSY Participants should be awakened by loudly knocking on their doors or calling out to them but should not be awakened by making physical contact with them.
• NCSY Adults should not appear unclothed or in their underwear in front of participants. NCSY Adults should not walk around outside of their sleeping quarters unclothed, in their pajamas or in their underwear.
• NCSY Adults may not shower or change when NCSY Participants are present.
• NCSY Adults may not be in showers, locker rooms, or other areas when a participant is undressed. If an NCSY Adult must enter a shower, locker room area, or other area where an NCSY Participant may be undressed, the NCSY Adult must not go in alone and must first announce themselves.

Guidelines for Shmira

Shmira refers to the position of morning, night and off-hour supervision assigned to NCSY Adults during Shabbatons and other overnight trips. NCSY Adults on shmira rotation are charged with guarding the safety of the participants when participants are in their hotel rooms or other accommodations and ensuring compliance with program and hotel rules. There should be at least two NCSY Adults assigned as shmira at all times.

NCSY Adults on shmira are expected to comply with the boundary guidelines set forth in this Manual and exercise heightened awareness when interacting with participants in or near their sleeping accommodations. NCSY Adults should travel in pairs when interacting with participants in their rooms. NCSY Adults should not be engaged in extended conversations with participants in their sleeping accommodations, absent an emergency. NCSY Adults should not enter a participant’s room but rather stand in the doorway of the room when communicating with participants in their rooms. NCSY Adults with questions about how to comply with the boundary guidelines while on shmira are encouraged to speak with a supervisor.

Guidelines for Mikvah

NCSY Adults must not encourage the use of a mikvah to an NCSY Participant while in high school, nor accompany an NCSY Participant to the mikvah. If an NCSY Participant decides to use the mikvah during an NCSY program, the NCSY Adult must not facilitate, encourage, prompt, nor be present for such usage.

Guidelines for Transportation by Car

NCSY Adults may drive NCSY Participants in any NCSY-owned, leased or rented vehicle (a “Designated NCSY Vehicle”), subject to the following conditions:

• The parents or guardians of the NCSY Participants have signed a waiver
• At least 3 people are in the car
• NCSY Participants sit in the back seat.
• For any trip that occurs after 10:00 p.m., an NCSY Adult must obtain (1) written confirmation from participant’s parents or guardians and (2) the permission of the Regional Director unless:
  • The NCSY Adult is the parent or sibling of the participant.
  • The NCSY Adult drives a carpool for their child, their child’s friend is an NCSY Participant and the NCSY Adult has obtained permission from that child’s parent.
  • The NCSY Adult is a parentally approved emergency contact for a child’s parent and drives their child, who is also an NCSY Participant.

Should an NCSY Adult need to drive an NCSY Participant in the NCSY Adult’s personal car, approval from a supervisor is required except in the case of an emergency that threatens the health or safety of an NCSY Adult or Participant.

Guidelines for Transportation on Long or Overnight Trips

On an overnight trip by bus, plane or other mode of transportation, NCSY Adults and Participants should not sit next to one another during evening hours.

For long distance driving of trips greater than four hours, the driver must stop every two to three hours for a break of at least fifteen minutes. Any trip in a vehicle that takes over four hours should have at least two NCSY Adult drivers who have been pre-approved by NCSY leadership.

For trips where a passenger van is necessary, a Regional Director must approve the driver. Driving in an unsafe manner can lead to immediate dismissal.

When using a hired bus company or professional drivers, NCSY Adults must follow the rules and regulations of the specific company.

Alcohol, Tobacco, Vaping and Illicit Substances Prohibited

All NCSY programs are alcohol and drug-free spaces. NCSY Adults are prohibited from possessing or consuming alcohol or illicit substances and from being under the influence of alcohol or illicit substances at NCSY programs. NCSY Adults are prohibited from providing alcohol, vaping tools, cigarettes or illicit substances to NCSY Participants or permitting NCSY Participants to drink alcohol or use drugs, vape or cigarettes in their presence, except for prescribed medications.

At a kiddush or similar gathering, NCSY Adults may not provide or permit the usage of alcohol. Private NCSY Adult kiddushim with alcohol may not take place at an event or program. Examples include but are not limited to:

• Purim Seudah with NCSY Participants must not contain alcohol.
• Simchat Torah celebrations with NCSY Participants must not contain alcohol.

SAFE MEDIA

NCSY Adults must be aware that digital communications—whether through phones, computers, social media platforms or other technologies—can influence relationships, behaviors and the overall atmosphere of an NCSY program. It is essential that all NCSY Adults remain mindful of their actions to ensure that the community remains respectful, inclusive and safe for everyone. NCSY Adults must preserve all records of communication with NCSY Participants and may not interact with NCSY Participants on any video platform or social media platform that erases records of the communication.

Text, Video and Other Messaging Between NCSY Adults and Participants

When communicating with NCSY Participants via text message, WhatsApp, video chat or other messaging platform, NCSY Adults (i) must not delete the content of any text conversations, including photographs, videos and other attachments; (ii) must disable auto-delete on their devices; and (iii) must not communicate past 11:00 p.m. in the NCSY Participant’s time zone or 12:00 a.m. in the NCSY Adult’s time zone, whichever comes first. This time restriction applies until 6:00 a.m. in either time zone, whichever comes later.

If an NCSY Participant sends any electronic communication to an NCSY Adult containing any concerning or inappropriate information relating to their or another participant’s physical, mental, or emotional wellbeing or safety, or sends any information regarding harassment or sexual safety, the NCSY Adult must notify a supervisor as soon as reasonably possible and provide a copy of that communication to the supervisor. NCSY Adults are required to turn over copies of any messaging between themselves and NCSY Participants to NCSY and/or OU leadership during any investigation into reported misconduct.

Email Between NCSY Adults and Participants

NCSY Adults may only email NCSY Participants from NCSY or OU email addresses. NCSY Adults should never email an NCSY Participant from a personal email address and may not delete any email messages with NCSY Participants. NCSY Adults are required to turn over emails to NCSY and/or OU leadership during any investigation into reported misconduct.

Live Video Chats Between NCSY Adults and Participants

NCSY Adults may communicate with NCSY Participants by live video chat while in a private space as long as they are both observable and interruptible. NCSY Adults may not communicate by video chat while in a bedroom or bathroom and must maintain the same level of professional attire as they would in an in-person setting. In the event that an NCSY Advisor lives in a college dorm, a video chat may take place in their dorm room at a desk or table, but not from a bed.

Filming NCSY Programs

NCSY Adults must exercise good judgment when filming or photographing NCSY programs and always be mindful of their responsibility to protect the privacy and safety interests of participants. NCSY Adults must make NCSY Participants aware when events or programs will be recorded and not take photos of NCSY Participants without their permission. NCSY Adults may not take photographs or videos that could compromise or threaten to compromise a participant’s privacy or otherwise embarrass the participant. Staff may not take nude or semi-nude photos of participants.

Guidelines for NCSY Adults’ Use of NCSY Social Media⁵ Accounts

NCSY Adults must exercise good judgment when using social media and always be mindful of their responsibility to protect the privacy and safety interests of NCSY Participants. NCSY Adults may not create an NCSY social media page without the permission of a supervisor. NCSY Adults should only follow, accept or send a “friend request” to an NCSY Participant that they have personally met.

Prior to posting to social media photographs or videos of any participant under the age of 14, NCSY Adults must obtain a release from that participant’s parent or guardian. NCSY Adults may post to social media appropriate photographs or videos of participants over the age of 14 that do not include identifying information about the participants. Prior to posting to social media photographs or videos of any participant over the age of 14 that includes identifying information about the participant, NCSY Adults must obtain a release from that participant’s parent or guardian.

Guidelines for NCSY Adults’ Use of Personal Social Media Accounts

The following guidelines apply to NCSY Adults’ personal social media accounts:

• NCSY Adults may not use their personal social media accounts for NCSY posts or communications.
• NCSY Adults may not use their personal social media accounts to interact with NCSY Participants. All social media interaction between NCSY Adults and NCSY Participants must take place on an NCSY social media page or platform authorized by NCSY.
• NCSY Adults may not post images, photos, videos or any information about NCSY Participants on their personal social media accounts.
• If NCSY Participants reach out to NCSY Adults on the latter’s personal social media account, NCSY Adults must redirect participants to the official NCSY social media account.
• NCSY Adults must take caution when posting anything on their personal social media account, whether public or private, as even personal posts may be damaging to NCSY’s reputation or the reputation of NCSY employees and advisors.
• All opinions about NCSY, the OU or any NCSY or OU programs offered on NCSY Adults’ personal social media accounts must state: “The opinions on this site are my own and do not express the opinions and/or views of NCSY.”

Relationships Between NCSY Adults

NCSY is committed to maintaining a safe and supportive environment for all NCSY Adults. While NCSY respects the personal lives of its employees, romantic relationships between staff members can present challenges, particularly when there is an imbalance of power or a potential for disruption of the work and programmatic environment. The policies about relationships between NCSY Adults are meant to protect the integrity of the workplace, ensure equal treatment for all employees and uphold the organization’s ethical standards in alignment with Jewish values and principles of fairness and respect. NCSY Adults are encouraged to exercise caution and professional judgment when engaging in romantic relationships in the workplace to prevent any negative impact on the working and programmatic environment.

Relationships Between Staff and Supervisors

Supervisors are prohibited from dating or engaging in romantic or sexual relationships with their direct subordinates. This policy is intended to prevent situations where power dynamics, perceived favoritism or conflicts of interest could impact the professional environment. “Voluntary” participation in a romantic relationship with a supervisor by a subordinate does not alone demonstrate that the romantic relationship was welcome. Even if the romantic relationship was welcomed by the subordinate, it is nonetheless prohibited.

If a supervisor and subordinate are in a pre-existing romantic relationship at the time of employment, or if such a relationship develops after employment begins, the relationship must be disclosed to Human Resources immediately to ensure that appropriate steps can be taken. The potential for conflicts of interest and improper influence will be assessed on a case-by-case basis, and Human Resources will discuss appropriate behavior and boundaries with the parties involved. In such cases, both individuals may be reassigned or their reporting structures may be adjusted.

Any supervisor who engages in a romantic or sexual relationship with a subordinate, or fails to disclose an existing relationship, will be subject to disciplinary action, up to and including termination. Similarly, subordinates who enter into a relationship with a supervisor in violation of this policy may also face disciplinary action.

Prohibition Against Harassment and Discrimination

NCSY is committed to a workplace free of unlawful discrimination and harassment. NCSY Adults are expected to act in accordance with Jewish values when it comes to adult relationships. NCSY does not tolerate discrimination against or harassment of NCSY Adults, Staff, Participants or any third party on the basis of actual or perceived protected characteristics⁶.

Harassment can be verbal (including slurs, jokes, insults, epithets, gestures or teasing), visual (including offensive posters, symbols, cartoons, drawings, computer displays, text messages, social media posts or e-mails) or physical (including physically threatening another, blocking someone’s way, etc.).

Sexual harassment includes harassment on the basis of sex or gender (including pregnancy, childbirth, related medical conditions and lactation), gender identity or gender expression (including transgender status) and/or sexual orientation. Sexual harassment includes all unwelcome conduct, such as unwelcome or unsolicited sexual advances, requests for sexual favors, conversations regarding sexual activities and other verbal, visual or physical conduct of a sexual nature or which is directed at an individual because of that individuals’ sex or gender, gender identity or gender expression and/or sexual orientation when:

• Submission to that conduct or those advances or requests is made either explicitly or implicitly a term or condition of an individual’s employment;
• Submission to or rejection of the conduct or advances or requests by an individual is used as the basis for employment decisions affecting the individual;
• The conduct, advances or requests have the purpose or effect of unreasonably interfering with an individual’s work performance or creating an intimidating, hostile, or offensive working environment.

NCSY Staff are expected to follow the OU Employee Handbook guidance on this topic.

IV. REPORTING AND RESPONSE PROTOCOL FOR REPORTS OF SUSPECTED VIOLATIONS BY NCSY ADULTS

Reporting Protocol

Anyone with an issue related to the conduct of an NCSY Adult, including suspected violations of the Manual, are encouraged to report to any of the following:

A report can be made to more than one person.

Response Protocol

Reports of possible NCSY Adult misconduct will be responded to by the OU General Counsel’s Office and/or NCSY leadership, who are committed to responding promptly and thoughtfully using trauma-informed practices. The response process will include the following steps:

• Support. The safety of all NCSY Participants and Adults involved will be prioritized, and relevant support will be offered.
• Report. Mandated and other required reports will be made. If criminal activity is suspected to be involved in a report, necessary reports to law enforcement will be made.
• Investigate. A determination of whether an investigation is necessary will be made, and an internal or external fact-finding may be conducted, depending on the circumstances.
• Communicate. Mindful of privacy and other relevant considerations, the OU and NCSY may communicate with involved parties, including parents and guardians of NCSY Participants.
• Decision. A decision about disciplinary action will be reached, and impacted parties will be informed.

Retaliation Prohibited

Retaliation for reporting a harm or potential harm is strictly prohibited. Retaliation means adverse conduct⁷ taken because an individual reported an actual or perceived violation of this Manual, opposed practices prohibited by this Manual or participated in the reporting and investigation of discrimination, harassment or retaliation. Anyone who engages in retaliatory behavior may face disciplinary action.

V. BEHAVIORAL EXPECTATIONS FOR NCSY PARTICIPANTS

Participating in NCSY is a privilege, and a standard of participant behavior must be upheld. NCSY Participants are expected to treat others with respect and conduct themselves in accordance with the standards outlined in this Manual at any NCSY-affiliated program, during transportation to and from programs and in connection with electronic communication between NCSY Participants and other participants or adults. NCSY Participants have a responsibility to conduct themselves properly at all times and treat NCSY Adults and other participants respectfully.

NCSY reserves the right to limit the participation of any NCSY Participant in any NCSY activity if there is sufficient reason to believe a participant lacks the ability or willingness to follow directions and instructions required for NCSY event participation. NCSY will take appropriate disciplinary action, up to and including removal from NCSY and all affiliated programs, if any participant engages in misconduct. If a participant engages in criminal behavior, including sexual assault or abuse of any other NCSY Participant, NCSY will follow its legal reporting requirements.

Bullying is Prohibited

Bullying will not be tolerated, and reports of bullying will be taken very seriously. Bullying is aggressive behavior, often repetitive, involving a real or perceived power imbalance that is intended to harm another person physically or emotionally.

Bullying can be physical and include unwanted physical contact, threat of physical contact or the use of physical force intended to cause harm.

Bullying can be verbal and include threats, insults, teasing, slurs, spreading rumors and intentionally socially isolating someone.

Bullying can be sexual and include unwanted touching, sexually suggestive comments and gestures, sexting, spreading rumors or illicit images or threatening to do so and intentionally invading someone’s privacy.

Bullying can be cyberbullying and include the use of electronic communications and social media to threaten, insult, tease, embarrass, harass, share illicit or embarrassing images or spread rumors.

Bullying can happen among friends and, even when intended playfully, can cause harm.

Hazing is Prohibited

Hazing will not be tolerated, and reports of hazing will be taken very seriously. Hazing is any action or situation created intentionally to inflict physical or emotional discomfort, harm or humiliation on a person or group in the name of initiation, affiliation or maintaining group status.

Hazing can be physical and include forcing another person to engage in dangerous activities, excessive physical exertion, degrading actions or the consumption of substances.

Hazing can be verbal, including using humiliating, intimidating, degrading or coercive language.

Hazing can happen among friends and, even when agreed to, can cause harm.

Sexual Activity is Prohibited

Sexual activity is prohibited in NCSY programs.

Sexual Misconduct is Prohibited

Sexual misconduct can include a range of unwanted, inappropriate and illegal behaviors of a sexual nature. Sexual misconduct will not be tolerated, and reports of sexual misconduct will be taken very seriously.

Sexual misconduct can be harassment and can include actions or words that intimidate a participant because of their sex, gender or identity or are so severe and pervasive that they prevent a participant from participating in NCSY programming. Harassment can include sexual harassment which is any unwelcome or inappropriate conduct of a sexual nature, that creates a hostile, intimidating or offensive environment. Harassment can take place in person or through electronic communication and can include verbal, non-verbal, physical or written interactions.

Sexual misconduct can include cyberbullying or the use of electronic communications and social media to threaten, insult, tease, embarrass, harass, share illicit or embarrassing images or spread rumors.

Sexual misconduct can be sexual abuse or assault and can include physical conduct or contact with a sexual or intimate part of the body without consent. It includes various forms of sexual intercourse as well as sexual touching and exposure. Sexual or intimate body parts include, but are not limited to breasts, buttocks, genitals, and upper thighs.

Alcohol, Drugs, Smoking and Vaping are Prohibited

NCSY programs are alcohol- and drug-free spaces. Participants are prohibited from possessing, consuming, or being under the influence of alcohol or controlled substances. In addition, smoking and vaping are prohibited.

Weapons are Prohibited

NCSY prohibits the possession of weapons, including but not limited to guns, switchblades, sharpened box cutters and sharpened screwdrivers.

Device, Social Media and Online Privacy Guidelines

NCSY and the OU take the privacy rights of NCSY Participants seriously and are mindful of the dangers inherent in minors sharing personal information online. NCSY Participants must respect privacy and boundaries when using devices and social media during NCSY events and with other NCSY Participants. NCSY Participants may not take, share or post photos, videos or information about others without their permission or share any content that is harmful, disrespectful, inappropriate or violates the standards set forth in this Manual.

VI. REPORTING AND RESPONSE PROTOCOL FOR REPORTS OF SUSPECTED MISCONDUCT BY NCSY PARTICIPANTS

Reporting Protocol

Anyone who feels unsafe or uncomfortable or has an issue related to the conduct of an NCSY Participant, including suspected violations of the Manual, is encouraged to make a report. NCSY Adults must report any suspected violation of this Manual by NCSY participants.

A report may be made to any of the following:

Response Protocol

Reports of possible NCSY Participant misconduct will be responded to by the OU General Counsel’s Office and/or NCSY leadership, who are committed to responding promptly and thoughtfully using trauma-informed practices. In doing so, the OU General Counsel’s Office will be guided by a process that may include:

• Support. The safety of all NCSY Participants and Adults involved will be prioritized, and relevant support will be offered.
• Report. Mandated and other required reports will be made. If criminal activity is found to be involved in the report, necessary reports to law enforcement will be made.
• Investigate. A determination of whether an investigation is necessary will be made, and an internal or external fact-finding may be conducted, depending on the circumstances.
• Communicate. Mindful of privacy and other relevant considerations, OU and NCSY will communicate with involved parties, including parents and guardians of NCSY Participants.
• Decision. A decision about disciplinary action will be reached, and impacted parties will be informed.

Interviewing NCSY Participants

Gathering information about an incident may involve speaking with participants. Should the OU General Counsel’s Office elect to have an external partner participate in an interview of a minor participant, parent or guardian will be notified and invited to be present. Caretakers will not be allowed to interfere with or record interviews. Caretakers who decline to allow their participants to participate in an interview must be aware that the failure to participate may prevent the OU General Counsel’s Office from learning relevant information and may impact any disciplinary decision.

Confidentiality

The OU General Counsel’s Office appreciates the privacy interests at stake when responding to reports of harm affecting NCSY Participants. The OU General Counsel’s Office will treat any report as highly sensitive, sharing it only on a need-to-know basis. Reports to the OU General Counsel’s Office cannot be treated as confidential, however, as there may be instances where a report of harm triggers a reporting obligation under state and local law, or warrants alerting a caregiver.

Retaliation Prohibited

Retaliation for reporting a harm or potential harm is strictly prohibited. Retaliation means adverse conduct taken because an individual reported an actual or perceived violation of this Manual, opposed practices prohibited by this Manual or participated in the reporting and investigation of discrimination, harassment or retaliation. Anyone who engages in retaliatory behavior may face disciplinary action.

Disciplinary Decisions Are Final

Participants who violate the policy will face disciplinary action ranging from a warning to removal from NCSY programming. Participants may be removed from NCSY programming if they are found to have violated the Manual, pose a danger to themselves or others or if they require a level of supervision that NCSY is unable to safely provide. Disciplinary actions are final.

VII. EXPECTATIONS FOR NCSY PARENTS

Disclosure of Medical, Physical, Psychological and Special Needs

NCSY is committed to fostering an inclusive environment that supports and provides equitable accommodations to participants of all abilities and needs. In the interest of supporting this mission, parents and guardians of NCSY Participants are expected to disclose to the lead NCSY Adult overseeing an NCSY event or program any medical, physical or psychological condition, including any medications, allergies, necessary special accommodations and dietary needs. NCSY is committed to reasonably accommodating participants with special needs, including those who can only attend selected parts of an event or program due to disabilities.

Medication

Prior to an NCSY event, parents of NCSY Participants are expected to complete a medical form and disclose any medication needed by a participant during a program. Medical forms will be handled with discretion and only be seen by designated supervisory personnel. A participant who is taking medication should be able to administer it on his or her own and must bring only the amount needed during the program.

Consequences for Failure to Disclose

Should a situation arise over the course of an event when the lead NCSY Adult is concerned regarding a participant’s medical, physical or psychological condition, or where it is revealed that medical or other relevant information was not disclosed prior to an NCSY program, NCSY reserves the right to send the participant home at the expense of the participant, without a refund.

Consequences of Violations by Participants

There are other occasions when a teen would be sent home at the parents’ expense and without a refund, which may occur when the teen has violated NCSY policy.

Device, Social Media and Online Privacy

NCSY and the OU take participant privacy seriously and take steps to protect the personal information of NCSY participants. NCSY expects parents and guardians to support NCSY’s efforts to protect the privacy and safety of all participants, including by encouraging appropriate use of devices, social media and other online platforms by participants.

NCSY parents should be aware that certain events may be filmed and photographed. Before images of participants are posted on social media with information that identifies the participant, NCSY parents must sign a release form authorizing such images to appear on social media. Participants whose parents have not signed a release will not be featured on social media with their identifying information. From time to time, NCSY Adults may post group images and videos from events depicting participants that are over the age of 14. In such cases, identifying information of the participants will not be included without the consent of the participants’ parents.

Transportation Waivers

NCSY will provide transportation waivers in advance of any program or event in which participants may be driven in NCSY-designated vehicles.

Emergency Contact

Parents must provide an available emergency contact in advance of any event.

Parental Attendance at NCSY Events

Parents and guardians are welcome to periodically attend NCSY events. Any parents or guardians who wish to attend an event should contact the local director in advance of attending the event to confirm that attendance is appropriate.