The BYC Board of Directors follows a disciplinary procedure that has not been fully documented anywhere. So, we did that! Upon approval at our next Board Meeting, the Disciplinary Procedure will be added as an appendix to the House Rules.
Disciplinary Procedures (Disciplinary Procedure to be added as an Appendix to the House Rules)
Each Member shall comply with the BYC By-Laws, Culture Code, House Rules and Policies (collectively “Rules”).
These Disciplinary Procedures are developed pursuant to Section X of the By-Laws of the Berkeley Yacht Club.
If You See It, Report It. Any member who witnesses a violation of the Rules, are expected to immediately report the violation to (in the following order):e
The Club Manager (when on duty)
The Commodore
The senior ranking officer on deck
Club Staff
Reporting. Any report of a violation of the Rules will be incorporated into an Incident Report. The Incident Report shall include:
Name of members and/or guests involved.
Time(s) and date(s)
Description of the behavior
Action taken, if any
Witnesses
Privacy. The Club will try to respect the privacy of the member reporting the incident.
Investigation. The Club will, within 24-48 hours of notice of the incident, initiate an investigation of the incident. Such investigation may include, but is not limited to:
Obtaining a statement from the reporting member(s)
Obtaining witness statements
Obtaining a statement from the accused member(s)
Reviewing the video camera footage
Provide updates to the informant of the status of the investigation
Disciplinary Actions. The Club may take any of the actions listed below depending on the severity of the situation. Disciplinary action beyond a verbal warning is decided in private session at the Board meeting following the conclusion of the investigation, or, for time sensitive matters, via an internet meeting.:
Verbal warning stating the Rule violation(s) and any remediation requirements. A verbal warning may be issued by the Manager or any Club officer.
Written warning stating the Rule violation(s) and any remediation requirements. A written warning requires a simple majority of board members for approval.
Written notice of suspension stating the Rule violation(s), any remediation requirements and length of suspension (not to exceed sixty days). A written notice of suspension requires a super-majority (⅔) of board members.
Written notice of expulsion stating the Rule violation(s), any remediation requirements and whether the expulsion includes a ‘no trespass’ condition. A written notice of suspension requires a super-majority (⅔) of board members.
Egregious behavior that threatens the safety of the members and/or the clubhouse will result in immediate suspension pending a disciplinary hearing.
Disciplinary Hearing. The disciplined member may request a hearing before the Board by emailing the Secretary: secretary@berkeleyyc.org with a copy to the Commodore: commodore@berkeleyyc.org. Requested hearings will be held in private session of the Board Meeting following receipt of the hearing request.
Board Approval. Board approval is required for:
Written Warning – a majority vote of the Board, either in person or, for time sensitive issues, by email.
Written Notice of Suspension – a majority vote of the Board, either in person or, for time sensitive issues, via an internet meeting.
Written Notice of Expulsion – a super majority (⅔) of the Board, either in person or, for time sensitive issues, via an internet meeting
Suspension – a majority of the Board, notice to be provided in writing within three days of the vote following a suitable hearing, or if a hearing has not been requested, within 10 days of the Notice of Suspension issuance
Expulsion – a super majority (⅔), notice to be provided in writing within three days of the vote following a suitable hearing, or if a hearing has not been requested, within 10 days of the Notice of Suspension issuance
Notices. All written notices shall be issued by the Secretary on behalf of the Board and delivered to the disciplined member by email and regular mail using the member’s information on file with the Club.
Expulsion. A member who has been expelled from the Club shall, upon issuance of a Notice of Expulsion, forfeit all rights, title and interest in and to the property of the Club and shall immediately return any collateral of membership (membership card, door key, burgee, and name badge) to the Club Manager.
Reinstatement. An expelled member may be reinstated by a super majority (⅔) vote of the Voting Members present at a regularly called meeting of the Corporation.
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