has violated Regulations or whose behavior is unsafe or inconsistent with the Club’s environment and expectations.
Section 8.2 Suspension for Delinquency . Notwithstanding any other provision of this Article to the contrary, Members who are delinquent in their financial obligations may be summarily and immediately suspended by the Board without a hearing. The Member’s or Licensee’s billing statements and these Bylaws are deemed notice of the Member’s or Licensee’s obligations and notice of a proposed disciplinary action if the Member or Licensee fails to fulfill the Member’s or Licensee’s financial obligations to the Club. Such immediate suspension will be lifted upon the Member’s or Licensee’s payment in full of all outstanding financial obligations to the Club unless the Board takes action to expel a chronically delinquent Member. Hearings . In the event the Board elects to suspend or terminate a Member or Licensee, such Member or Licensee shall be notified of such proposed disciplinary action and the reason(s) therefore at least fifteen (15) days prior to the effective date of such action (the “ Disciplinary Effective Date ” ). Such notice shall provide the Member or Licensee a date, which shall be at least five (5) days before the Disciplinary Effective Date, for a hearing at which the Member or Licensee will be given an opportunity to be heard orally or in writing by the Board to show cause why such Member or Licensee should not be disciplined in accordance with this Article. If the Member or Licensee desires to attend such hearing, the Member or Licensee must provide a written confirmation of his or her intent to attend such hearing to the Board at least two (2) days prior to the scheduled date of such hearing. If the Member or Licensee desires to be heard in writing, they must deliver their written materials to the Club Secretary or General Manager at least two (2) days prior to the scheduled date of such hearing. Section 8.3 Section 8.4 Action by Board . After the hearing, the Board, in closed session, shall consider the charges and the evidence, if any, adduced in support of or opposition to the charges and determine the appropriateness of the proposed sanctions. If a Governor is the subject of the hearing, that Governor shall be recused and not participate in the deliberation or voting. The Board shall also determine whether the proposed sanction or some lesser disciplinary action, if any, shall be taken against the Member or Licensee charged. No termination of membership shall be effective except after the affirmative vote of the majority of the Governors then in office. Expulsion . Upon expulsion, the Member’s or Licensee’s financial obligations, including any and all fees, dues, assessments, food and beverage charges (including minimums), interest, late fees, and other costs and debts owed to the Club are immediately due and payable. An expelled Member or Licensee forfeits all rights in the Club, including all rights (if any) to a refund upon the reissuance of a Member ’ s Membership. Section 8.5 Section 8.6 Records and Hearings Confidential . Unless otherwise required by law, all information presented to the Board in connection with a disciplinary hearing and any records of the Board ’ s deliberations shall be available for inspection only by the Board, and any hearing held pursuant to this Article shall be attended only by those who in the discretion of the Board are necessary to afford a complete and impartial hearing.
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