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Fired rabbi loses appeal

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A Bloomington rabbi terminated less than a year into his contract with Congregation Beth Shalom lost his case before the Indiana Court of Appeals. He claimed he was fired for reporting child abuse, but the congregation said his contract was terminated for other conduct that fell under the ministerial exception.

Beth Shalom entered into a contract with Steven Ballaban for him to serve as rabbi for three years. He was fired nearly a year later in 2010 due to the board of directors’ view that Ballaban was unable or unwilling to fulfill the expectations for rabbinic behavior, put the tax-exempt status of the congregation at risk, breached the congregation’s guidelines’ sacred duty of confidence on at least two occasions, and was hostile toward employees. Ballaban argued that he was fired because he previously had exchanged email messages with several people regarding concerns of child abuse by a teacher. That abuse claim was later unsubstantiated by the Department of Child Services.

After Ballaban filed a lawsuit following his termination, the congregation argued that the ministerial exception applies. Ballaban claimed reporting child abuse would fall outside of that exception and allow his suit to proceed. The trial court granted summary judgment in favor of Beth Shalom and other defendants.

Judges Elaine Brown, L. Mark Bailey and Nancy Vaidik each wrote opinions on this case, with Bailey and Vaidik concurring with Brown’s opinion that summary judgment was proper for the defendants.

Brown wrote that the U.S. Supreme Court hasn’t decided whether the ministerial exception applies when a minister is fired or impacted for reporting or attempting to report child abuse. She found it’s not necessary to decide that yet because the record supports the ruling that the ministerial exception applies.

Bailey noted that the record doesn’t include Ballaban’s complaint or amended complaint, but it appears he brought claims of breach of contract, tortious interference with a contract, negligent failure to supervise, defamation and invasion of privacy. He pointed to a letter to Ballaban designated as evidence by Beth Shalom that reasons for his termination included “conduct unbecoming a spiritual leader,” and that he had been counseled by another rabbi about his behavior. Ballaban never designated materials showing that the termination was prompted solely by the reports of child abuse.

Vaidik wrote that the ministerial exception doesn’t allow a congregation to fire a spiritual leader who refuses to commit a criminal offense and failure to report child abuse is a criminal offense. But the designated evidence doesn’t reveal the reason Ballaban was fired was his child-abuse reporting, so she concurred in result.

All of the judges agreed in Steven A. Ballaban v. Bloomington Jewish Community, Inc., a/k/a Congregation Beth Shalom, Paul Eisenberg, Judith Rose, Sarah Wasserman, Lynne Foster Shifriss, and Roberta "Didi" Kerler, 53A01-1207-CT-315, that Beth Shalom is not entitled to appellate attorney fees.

 

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  1. Not enough copperheads here to care anymore, is my guess. Otherwise, a totally pointless gesture. ... Oh wait: was this done because somebody want to avoid bad press - or was it that some weak kneed officials cravenly fear "protest" violence by "urban youths.."

  2. Should be beat this rap, I would not recommend lion hunting in Zimbabwe to celebrate.

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  5. All these sites putting up all the crap they do making Brent Look like A Monster like he's not a good person . First off th fight actually started not because of Brent but because of one of his friends then when the fight popped off his friend ran like a coward which left Brent to fend for himself .It IS NOT a crime to defend yourself 3 of them and 1 of him . just so happened he was a better fighter. I'm Brent s wife so I know him personally and up close . He's a very caring kind loving man . He's not abusive in any way . He is a loving father and really shouldn't be where he is not for self defense . Now because of one of his stupid friends trying to show off and turning out to be nothing but a coward and leaving Brent to be jumped by 3 men not only is Brent suffering but Me his wife , his kids abd step kidshis mom and brother his family is left to live without him abd suffering in more ways then one . that man was and still is my smile ....he's the one real thing I've ever had in my life .....f@#@ You Lafayette court system . Learn to do your jobs right he maybe should have gotten that year for misdemeanor battery but that s it . not one person can stand to me and tell me if u we're in a fight facing 3 men and u just by yourself u wouldn't fight back that you wouldn't do everything u could to walk away to ur family ur kids That's what Brent is guilty of trying to defend himself against 3 men he wanted to go home tohisfamily worse then they did he just happened to be a better fighter and he got the best of th others . what would you do ? Stand there lay there and be stomped and beaten or would u give it everything u got and fight back ? I'd of done the same only I'm so smallid of probably shot or stabbed or picked up something to use as a weapon . if it was me or them I'd do everything I could to make sure I was going to live that I would make it hone to see my kids and husband . I Love You Brent Anthony Forever & Always .....Soul 1 baby

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