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 1. Treatment of Employees: Members shall not be directly or indirectly involved in the supervision of Foundation Employees. 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 shall take 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. 3.5. 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. 3.6. 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. Member Retaliation: There shall be no retaliation of any kind against any employee who reports or witnesses a violation of this policy, submits or signs an Incident Form, or participates in an investigation of a reported incident. 5. Treatment of Members: If a Member has a concern about how an employee treats them, he/she should contact the employee’s Supervisor, the President of the Foundation, or the Chair of the Board. 4.C. FINING AND SUSPENSION OF MEMBERS FOR VIOLATIONS OF THE GOVERNING DOCUMENTS 1. Violations of Governing Documents: The following rules apply to violations of the Governing Documents. 1.1. Verbal notice of a violation to Members shall only occur when the Staff determines that the violation requires immediate corrective action. The Employee giving the verbal notice shall describe the corrective action necessary and the time frame for correcting the violation. The time frame may differ based on the nature of the violation. For example, a violation of a rule that endangers the safety of any person (such as a violation of the Sailing Rules), may require immediate correction, a person violating a rule where the violation does not endanger the safety of any person may be given a certain number of days to comply. 1.2. All other notification of violations shall be in writing and shall describe the corrective action necessary and the time frame for correcting the violation. The time frame may differ based on the nature of the violation. 1.3. A Member may be fined for violations of the Governing Documents by such Member, the Member’s Tenant, the Member’s Guests, or any person hired by the Member to perform services for the Member in the Community. The fine shall be the maximum allowable by Florida State Law. 2. Suspension of Member’s Rights: The Foundation may suspend all rights of a Member, and the Member’s Tenants and Guests, to use Common Areas, including Amenities, if the Member or the Member’s Tenant, Guests, or any person hired by the Member to perform services for the Member in the Community, violates any provision of the Governing Documents. 3. Hearings: Before a fine may be levied pursuant to subsection 1.3 above, or before a suspension occurs pursuant to 123 Pelican Bay Member Guide 2025 PelicanBay.org
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