Bylaws of the Eastport Yacht Club, Ltd.
ARTICLE XI. DISCIPLINARY ACTION
Disorderly conduct shall be cause for a member to be requested to vacate the Club premises. Such action shall be carried out upon complaint by three members to a member of the Executive Board, if present, or to the Club Manager or delegate if not.
If such action results in a formal written complaint by one or more of the complaining members, the complaint should be submitted according to the rules set forth in Section 3 of this Article.
Any Member who violates Club Policy or Bylaws shall be warned, in writing, that such continued behavior may result in a fine, suspension, or other action as deemed appropriate by the Executive Board as described in Section 3 of this Article.
A member may be temporarily suspended from membership privileges by any member of the Executive Board for conduct unbecoming a Club member or for disorderly conduct or continued failure to comply with House or Marina Rules, Club Policy or Bylaws as described in Sections 1 and 2 of this Article. The member so suspended shall be notified immediately.
Such suspension shall terminate automatically after forty-eight (48) hours, unless, within that time, a reporting member has filed written charges supporting the complaint with the Executive Board. If written charges are filed, the suspension shall continue until the case is acted upon by the Executive Board.
The member shall be notified in writing, not less than five (5) days in advance, as to the time and place where the Executive Board will meet for consideration of the charge. The Board shall also serve the member making the charge with notice of the time and place of the meeting. At the meeting, the Executive Board shall hear and consider such evidence as may be offered by either party and/or the Executive Board. If the Executive Board shall be satisfied as to the truth of the charge, it may, by majority vote, impose disciplinary action upon the charged member as follows:
- dismissal from the membership of the Club;
- suspension of all Club privileges for a period not to exceed twelve (12) months; or
- deprivation of privileges to be specified by the Executive Board for a period not to exceed twelve (12) months.
Any member disciplined by the Board shall have the right to appeal to the Voting Membership of the Club, provided such appeal shall be filed in writing with the Commodore or Keeper of the Log within thirty (30) days of the order of disciplinary action.
Within fifteen (15) days of the filing of an appeal, the Commodore shall call a Special Membership Meeting for the purpose of hearing such appeal. The appealing member and the Executive Board shall have the right to be represented by another member of the Club, and to call and cross-examine witnesses. After said hearing of appeal, the action of the Voting Membership thereon shall be final. In the absence of a quorum of Voting Members, the Executive Board’s action automatically shall be upheld.
The Executive Board shall have the power to reinstate members or to remit penalties imposed in accordance with this Article, except that it shall not have the power to alter the decision of the Voting Membership after an appeal in accordance with Section 4 of this Article.
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