In an email sent to students on Monday, Touro University claimed that it never intended for a professor charged with sexual abuse to continue teaching classes, after a New York Post report found he was listed as the instructor for an ethics class this fall.

Menachem “Mendy” Kiwak, a mental health counselor who pleaded not guilty in May to charges related to sexual abuse, was listed as an instructor because of a “clerical error,” the university claimed in the email shared with Shtetl. Touro did not release the statement on their website or social media.

Faye Walkenfeld, Kiwak’s mother-in-law, chairs Touro’s behavioral sciences department, where Kiwak works, per the Post. Months before Kiwak was arrested, Walkenfeld was told about the allegations, along with complaints from students that “he used sex slang and profanity and discussed porn in classes, and once argued there is no such thing as marital rape.”

Until recently, a schedule of classes showed that Kiwak was meant to teach two classes this fall on “Professional, Legal & Ethical Issues in Counseling,” one of which was online. 

According to the Post, the alleged victim was not associated with Touro. She sought private counseling from Kiwak because she was a victim of sexual assault. She accused him of coercing her into having sex with him multiple times.

In a recording obtained by the newspaper, Kiwak is purportedly heard apologizing to the alleged victim and her husband. “I’m sorry that I took advantage and that I’m hurting, that I’ve hurt you. I know you’re angry and that you’re pissed at me,” Kiwak is heard saying. “But I promise you, it’s the worst I’ve ever fallen in my life. In my life.”

The unsigned email to Touro students said that “Mr. Kiwak was never engaged or otherwise scheduled to teach during the Fall 2024 semester,” adding, “Touro remains committed to fostering a safe and respectful learning environment for all students.”

Za’akah, an organization that advocates for Orthodox victims of sex abuse, expressed skepticism about Touro’s account of events.“What likely happened was that after the first article by the Post about Kiwak's arrest, Touro thought it could get away with allowing Kiwak to continue online since he wouldn't be teaching in person,” Za’akah wrote in a caption accompanying a social media post about Touro’s email.

Kiwak is next due to appear in court on Sept. 28.