Flax v. Reconstructionist Rabbinical College

44 Pa. D. & C.3d 435, 1987 Pa. Dist. & Cnty. Dec. LEXIS 285
CourtPennsylvania Orphans' Court, Montgomery County
DecidedJune 1, 1987
Docketno. 86-12630
StatusPublished

This text of 44 Pa. D. & C.3d 435 (Flax v. Reconstructionist Rabbinical College) is published on Counsel Stack Legal Research, covering Pennsylvania Orphans' Court, Montgomery County primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Flax v. Reconstructionist Rabbinical College, 44 Pa. D. & C.3d 435, 1987 Pa. Dist. & Cnty. Dec. LEXIS 285 (Pa. Super. Ct. 1987).

Opinion

BRODY, J.,

—This case involves the interesting question of whether the First Amendment of the United States Constitution precludes this court from ordering a private religious seminary, in this case defendant Reconstructionist Rabbinical College, from reinstating a former student at the Seminary, plaintiff Ira Flax, as a seminarian into its rabbinic program.

On December 9 and 10, 1986, the court tried Flax’s motion for preliminary injunction. Flax requested that RRC, which allegedly dismissed him as a student for poor academic performance, reinstate him into its rabbinic program. By order dated January 20, 1987,1 denied Flax’s motion for a preliminary injunction based upon the constitutional principle of autonomy in matters involving internal sectarian disputes. Flax now appeals from my order to the Superior Court.

FINDINGS OF FACT

The RRC is a private, non-profit corporation organized under the laws of Pennsylvania for the ex[436]*436press purpose of training “rabbis for service in every aspect of the Jewish community and at the same time to equip them with the necessary academic training which would qualify them to teach Jewish studies at a college or university. ...” The seminary is affiliated with the Jewish Reconstructionist Movement and the Jewish Reconstructionist Foundation.

Reconstructionist Judiasm perceives itself as the fourth, and newest, of the religious movements within Judiasm, the others being the Orthodox, Conservative and Reform movements. Reconstructionist Judiasm defines Judiasm as the evolving religious civilization of the Jewish people. The Jewish Reconstructionist Foundation is an umbrella organization, founded in 1940, under which operate the various arms of the Reconstructionist Movement, with the RRC as the seminary arm.

Since its founding in 1968, the seminary has ordained rabbis to serve the Jewish community. In 1982, the Pennsylvania Departmént of Education licensed and authorized the seminary to confer the academic degrees of Master of Arts in Hebrew Letters and of Doctor of Hebrew Letters. The RRC currently holds candidacy status for accreditation with the Commissioner on Higher Education of the Middle States Association of Colleges and Schools, the academic accreditation body for this area of the country. The seminary offers no secular courses as such; rather, every course is taught from the perspective of training the seminarian for the religious ministry.

Plaintiff, was a seminarian at the RRC who was accepted into the seminary’s six-year rabbinic program by letter from the registrar dated March 12, 1982. Flax applied to the RRC because he wanted to become a rabbi and because the religious philos[437]*437ophy of Rabbi Mordecai Kaplan, founder of Jewish Reconstructionism, personally appealed to him. The RRC’s letter of acceptance advised Flax that his matriculation was subject to his acceptance into an outside graduate program and quoted the following extract from the student handbook then in effect: “Students are admitted to the college with the understanding that by the end of the second year [of the rabbinical program], the faculty will review the progress of each student to determine whether the student will be permitted to continue in the program.” .

Flax began his studies at the seminary in September 1983. At that time, the RRC’s grading system consisted of both a written evaluation and a grade of pass or fail for each academic course. For the Fall semesters of 1983 and 1984 and the Spring semesters of 1984 and 1985, plaintiff received a “pass” in each of his 15 courses. However, his professors frequently criticized Flax for tardiness, poor attendance and poor preparation.

As a result of these problems, the RRC placed Flax on probation in 1984. He was never told that his probation was due to. an inability to understand the academic material or an inability to pass his courses. There was conflicting testimony about whether Flax was removed from probation in June 1985, but in any case, Flax’s probation was “reinstated” as of December 11, 1985.

Effective September 4, 1985, by faculty vote, RRC’s grading system was changed to a pass/low pass/fail system. Shortly thereafter, Dr. Rebecca T. Alpert, dean of students at the RRC, informed students of the change in the grading system by distributing a revised page nine to the student handbook to each student through the student mailbox system and by explaining the change at a meeting [438]*438of the student association. Flax and several other RRC students testified that, in the fall of 1985, they neither received any revision as to RRC’s grading policy nor did their classroom professors define the grade of “low pass.”

Toward the end of Flax’s fifth semester at RRC, the faculty determined that, as Flax?s problems persisted, Flax must receive all passes — no “low passes” — for that semester in order to continue his training at the seminary. Further, even if he received all “passes,” he would still remain on probation for a period not to exceed the spring of 1986, with the understanding that at the end of that semester if he received all “passes” he would be removed from probation; otherwise he would be expelled. Plaintiff also would not be allowed any of the routinely granted extensions of time in which to submit any papers in the courses he attended. Flax learned of this faculty decision by letter dated December 11, 1985. Flax testified that this was the first time he was ever advised that a low pass grading system was in effect in any of his classes or specifically that his academic performance was a problem.

For the Fall semester 1985, Flax received one “pass” grade, two “low pass” grades, and two “incompletes.” His grades during the four preceding semesters were all “pass” grades; he never received a grade of “fail.” Flax was dismissed from the seminary on February 5, 1986, by unanimous'vote of the faculty on a motion seconded by Flax’s faculty advisor. Flax subsequently filed the instant lawsuit.

Under the revised grading system, effective as of the Fall semester of 1985, unless permission was granted by the faculty, no student would be allowed to remain in the RRC program if he or she received either: (1) a “low pass” in three semester courses, [439]*439with the grade of “low pass” given by more than one instructor in more than one semester, or (2) a grade of “fail” given by more than one instructor. Flax received only two “low pass” grades and no failures during his five semesters at the seminary, yet was expelled. The seminary clearly violated the express provisions of its own student handbook.

The seminary prepares and distributes the student handbook to its students for informational purposes. As to academic and administrative matters, the provisions of the handbook are drafted, adopted, and revised by the faculty and administration of the college. Although student opinion on such matters may be solicited by the faculty, authority to promulgate and revise academic policy or practice exclusively resides in the faculty and administration.

Other RRC students, with grades below those of plaintiff and who were eligible for expulsion under the revised provisions of the student handbook, were not in fact expelled. For example, student “yellow” had.three “low passes” and was on probation; student “red” was on probation and had four failures. Neither student was expelled from the college, despite the fact that student “red” certainly qualified for expulsion under the revised student handbook provisions.

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Bluebook (online)
44 Pa. D. & C.3d 435, 1987 Pa. Dist. & Cnty. Dec. LEXIS 285, Counsel Stack Legal Research, https://law.counselstack.com/opinion/flax-v-reconstructionist-rabbinical-college-paorphctmontgo-1987.