comport themselves in such a manner so as not to infringe upon the enjoyment of other Members and Guests using the Foundation Common Areas. 2. Conduct 2.1. Unacceptable conduct includes loud or threatening language, obscenities, verbal or physical threats, obvious intoxication, physical abuse (e.g., pushing or shoving, physical attack), damaging of Foundation property and interfering with enforcement of Protective Covenants. 2.2. Must conform to standards set forth in the Rules and Regulations dealing with Section 3.D., Smoking, and Section 4, Amenities. 3. Violation of Code of Conduct: Shall be dealt with as prescribed in the Rules and Regulations for Fining and Suspension of Members for Violations of the Governing Documents and, where applicable, as prescribed by the Protective Covenants, Article 4, Section 4.01. 4. Business relationship: Members may not use Foundation property to teach, perform, instruct, or in any way have a position where they interact with other Members for commercial or professional purposes, except as authorized in 3.A., 3.8. 5. Reporting Violations: Members have the right to complete an Incident Form and submit this to the Foundation if they experience a violation of this rule. 6. Foundation Procedure: 6.1. Upon the receipt of an Incident Form, the Foundation shall conduct an Investigation of the incident. 6.2. Notice of filing of the Incident Form shall be communicated within seventy-two (72) hours to the Member, Tenant, Guest and/or employee involved in the alleged incident. 6.3. Once Foundation management has completed its investigation, the President shall take appropriate action. 6.4. The Foundation shall report the results of the investigation and the decision of the President to those involved (Member, Tenant, Guest and/or employee) in the incident. 6.5. Penalties for violations of this policy shall be determined by the President based upon the circumstances of each particular incident and may include verbal warnings, written warnings, fines or suspension of privileges for use of Foundation amenities. 6.6. In the event the President determines that a fine or suspension of privileges is warranted, the individual fined or suspended will be advised of their due process of appeal and the President will so advise the Board of Directors. The procedures set forth in the Governing Documents shall be followed. (Reference Rules and Regulations 4.C.) 4.B. HARASSMENT OF AN EMPLOYEE BY A MEMBER 1. Treatment of Employees: Members shall not be directly or indirectly involved in the supervision of Foundation Employees. If a Member has a concern about an employee, he/she should contact the employee’s Supervisor or the President. Therefore, no Member, Tenant or Guest shall do any of the following in connection with a Foundation Employee: 1.1. Reprimand an employee. 1.2. Use abusive or critical language when addressing an employee. 1.3. Attempt to undermine the authority of employees. 1.4. Seek personal information about an employee. 1.5. Attempt to countermand an instruction or directive issued by the President or his management staff. 1.6. Verbally or physically harass an employee in any manner 2. Reporting Violations: Employees have the right to complete an Incident Form and submit this to the Foundation if they experience a violation of this rule. 3. Foundation Procedure 3.1. Upon the receipt of an Incident Form, the Foundation shall conduct an investigation of the incident. 3.2. Notice of filing of the Incident Form shall be communicated within seventy-two (72) hours to the Member, Tenant or Guest involved in the alleged incident. 3.3. Once Foundation management has completed its investigation, the President shalltake appropriate action. 3.4. The Foundation shall report the results of the investigation and the decision of the President to the Member, Tenant or Guest and the employee who submitted the Incident Form. RULES & REGULATIONS Pelican Bay Member Guide 2023 122 PelicanBay.org
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