Code of Conduct 19/02/2009

1.0 INTRODUCTION

This Code of Conduct has been developed to assist the members of Portrush Yacht Club to better understand the standards of conduct and behaviour that is expected of members and their guests.

Members include all membership categories listed in the Portrush Yacht Club’s Constitution, i.e. Ordinary, Honorary, Family, Honorary Lifeboat Members, Life, Associate, Student, Junior and Temporary.

Members and their guests have a duty to promote and support the key principles of the Club, as outlined in this Code of Conduct and to maintain and strengthen the integrity of the Club.

GENERAL PRINCIPLES

Members have a duty to avoid behaviour that could constitute an act of disorder, misbehaviour, law breaking, discrimination, harassment or any behaviour which could bring the Club or themselves into disrepute. Above all, members must act in a courteous and respectful manner to each other at all times

2.1 Any breach of Portrush Yacht Club’s Code of Conduct will be reviewed by the Committee and appropriate disciplinary action will be taken.

2.2 Members observing or wishing to report misconduct should ensure that it is recorded in the Club Incident Book by a member of bar staff. Alternatively incidents should be reported in writing to the Commodore, Portrush YachtClub as soon as possible and include full details of the incident including the names of witnesses etc.

2.3 A member who is disciplined as a result of misconduct will be notified by Committee in writing. Members have the right of appeal which must be made in writing to the Committee within 14 days of receipt of their disciplinary notice.

3.0 LEVELS OF MISCONDUCT

Below is a list showing examples of misconduct which the Club recognises. It is not to be considered as a definitive list since it is not possible or desirable, to list every instance of misconduct. The Club however recognises two levels of misconduct as follows:

3.1 Misconduct

The majority of instances of misconduct will not be sufficiently serious to warrant expulsion but may nevertheless warrant disciplinary action of a lesser nature such as a written warning or suspension of membership for a period up to a maximum of 3 months. The Club considers that the following actions by members will constitute misconduct.

• Negligence resulting in loss of, damage to, or waste of, any Club property.

• Conduct likely to offend decency.

• Knowingly being an accessory to a disciplinary offence.

• Swearing at, or abuse of, or extreme discourtesy to a Club Member, Club employees or the general public.

3.2 Gross Misconduct

Is defined as conduct of a serious nature that justifies summary expulsion; summary expulsion means expulsion from membership including access to Club facilities for either, a minimum of 12 months, or permanent expulsion. A member who is expelled may appeal against such a decision but the decision will not be set aside pending the outcome of the appeal.

• Theft of or otherwise unauthorised removal of Club property.

• A second occurrence of misconduct which takes place within 12 months of a previous incident recorded by Committee.

• Physical or sexual assault and or sexual harassment.

• Malicious damage to property for which the Club is responsible.

• Being an accessory to an act of gross misconduct.

• Any other acts of misconduct of a similar gravity which are not specified in the above list.

4.0 PROCEDURES TO BE FOLLOWED IN CASES OF ALLEGED MISCONDUCT

4.1 The Club Secretary will present the complaint and any other facts at the next scheduled Committee meeting. The Committee will determine the next steps in the processing of the complaint and if deemed necessary implement this Disciplinary Procedure. The Committee can also convene an emergency meeting (consisting of a minimum of 6 committee members) in the event of a complaint or incident requiring immediate action.

4.2 Failing a satisfactory explanation of the alleged complaint, the Committee may remove from office, suspend, or expel the offending member/s or apply such

penalty as they may determine. Any vote on disciplinary action shall be carried by a two-third majority of the Committee present and voting on the proposed action.

5.0 APPEALS PROCEDURE

A member who is dissatisfied with any disciplinary action taken against him/her may appeal to the Committee against that action. Unless an appeal is lodged in writing within 14 days it will be assumed that the member accepts the Committee’s decision. Grounds for appeal are as follows:

• The severity of the disciplinary action.

• A failure by Committee to follow procedures as detailed in this Code of Conduct. Letters of appeal must be addressed to the Commodore, Portrush Yacht Club and give full details under which the appeal is being brought.

5.1 Level of Appeal

5.1.1 Appeals will be heard by the Committee of Portrush Yacht Club.

5.1.2 Once the appeal has been heard that decision is final. There is no further level of appeal

6.0 CONDUCT OF APPEALS

6.1 Whenever possible the Committee will meet within 14 days of the appeal being lodged. The appellant will have an opportunity to present his/her case at the appeal. He/she will also have the right to be accompanied by a friend or representative at the appeal if desired.

6.2 The Committee may confirm, amend, or reject the disciplinary action which is the subject of appeal. Where possible a decision will be given to the appellant immediately after the meeting and confirmed in writing at a later date.

6.3 There is no further right of appeal against the Committee’s decision.

PYC Constitution

Section 6(a) “The Committee may suspend or expel from membership of the Club any member whose conduct shall in the Committee’s opinion be injurious to the Club provided, however that no Member shall be suspended or expelled except by a majority of at least two-thirds of those present at the Committee Meeting and only after the Member has been given an opportunity of giving an explanation of the offending conduct.”

Section 8(d) “The Committee shall make such by-laws, rules and regulations as they think fit as to the management of the Club premises”.

Please Note: It is recommended that Portrush Yacht Club members are required at membership renewal to sign a declaration that they have read and agree to adhere to the Clubs Code of Conduct.