SHBCC

1. Purpose and Policy

The Sandy Hook Bay Catamaran Club is committed to providing a safe, respectful, welcoming, and enjoyable environment for its members, applicants, guests, volunteers, officers, trustees, employees, contractors, and visitors.

Membership in the Club carries responsibilities as well as privileges. Every member and applicant shall comply with the Club’s Constitution and Bylaws, rules, safety requirements, policies, lawful directives, and this Code of Conduct.

This Code supplements, but does not replace, the Club’s Constitution and Bylaws. In the event of a conflict, the Constitution and Bylaws shall control.

2. Persons and Activities Covered

This Code applies to members and applicants:

on Club property;
during Club meetings, races, regattas, social events, work parties, instructional activities, and other Club-sponsored functions;
while using Club boats, equipment, facilities, online resources, communications systems, or social-media accounts;
while representing or reasonably appearing to represent the Club; and
in other circumstances where the conduct has a substantial and demonstrable connection to the safety, operations, property, membership, reputation, or legitimate interests of the Club.

Members are also responsible for the conduct of their guests while the guests are using Club property or participating in Club activities, to the extent the member knew or reasonably should have known of the conduct and failed to take reasonable corrective action.

3. General Standards of Conduct

Members and applicants shall:

Treat others with dignity, courtesy, fairness, and respect.
Exercise good sportsmanship, seamanship, judgment, and self-control.
Follow the Constitution and Bylaws, Club rules, safety procedures, and lawful directives of officers or persons acting within delegated authority.
Avoid conduct that creates an unreasonable risk of injury, property damage, disruption, or interference with Club activities.
Protect Club property and respect the property of other members, guests, neighboring organizations, and the public.
Resolve disagreements civilly and without intimidation, personal abuse, threats, or retaliation.
Cooperate honestly and reasonably with legitimate Club investigations and disciplinary proceedings.
Conduct themselves in a manner consistent with the Club’s purposes and the orderly operation of a volunteer sailing organization.

A disagreement, criticism of Club leadership, candid expression of opinion, or good-faith complaint shall not, by itself, constitute misconduct.

4. Prohibited Conduct

The following conduct may constitute a violation of this Code.

A. Harassment

A pattern of unwelcome verbal, written, electronic, visual, or physical conduct that a reasonable person would consider seriously intimidating, hostile, humiliating, abusive, or offensive.

A single incident may constitute harassment when sufficiently serious.

B. Bullying and Intimidation

Conduct intended or reasonably likely to threaten, coerce, humiliate, isolate, dominate, or improperly pressure another person, including repeated efforts to provoke or undermine another member.

C. Verbal or Written Abuse

Personal insults, degrading comments, abusive shouting, profanity directed at another person, repeated hostile communications, or personal attacks that exceed the bounds of ordinary disagreement.

This provision applies to in-person communications and communications by telephone, email, text message, online forum, messaging application, or social media when connected to Club activities.

D. Threats and Aggressive Conduct

Statements, gestures, actions, or communications that a reasonable person would interpret as threatening physical harm, retaliation, property damage, or other serious consequences.

E. Physical Misconduct

Assault, fighting, unwanted physical contact, throwing objects, blocking another person’s movement, aggressive physical confrontation, or other conduct creating a reasonable fear of bodily harm.

F. Discrimination and Discriminatory Harassment

Discrimination or harassment based on any status protected by applicable law, including race, color, religion, national origin, ancestry, sex, pregnancy, sexual orientation, gender identity or expression, age, disability, marital status, military status, or other legally protected status.

G. Retaliation

Taking or threatening adverse action against a person because that person, in good faith:

reported possible misconduct;
supported or assisted another complainant;
participated as a witness;
provided documents or evidence;
participated in an investigation or hearing; or
opposed conduct reasonably believed to violate this Code.

A complaint made with knowledge that it is materially false is not protected.

H. Knowingly False or Malicious Accusations

Knowingly or recklessly making a materially false accusation concerning another person in connection with Club activities, governance, or disciplinary proceedings.

A complaint is not false merely because it is not substantiated.

I. Unsafe Conduct

Conduct including:

reckless or grossly negligent operation of a vessel, vehicle, trailer, machinery, or Club equipment;
operating a vessel, vehicle, or equipment while impaired;
deliberately or repeatedly violating Club safety rules;
refusing a lawful safety instruction;
creating an unreasonable danger to persons, boats, equipment, or property; or
interfering with emergency, rescue, launching, retrieval, race-management, or security operations.

The Club’s existing Beach Rules and safety requirements remain fully applicable. Those rules currently regulate boat storage, tie-downs, wheels, parking, vehicle speed, alcohol, gate access, equipment storage, drones, fireworks, and other beach operations.

J. Property Misconduct

Theft, vandalism, intentional damage, unauthorized use, serious misuse, concealment, or improper disposal of Club property or another person’s property.

K. Interference with Club Operations

Substantially disrupting meetings, races, events, work parties, elections, hearings, officer duties, access to facilities, or the ordinary operation of the Club.

This does not prohibit orderly disagreement, motions, debate, petitions, complaints, or other rights exercised in accordance with the Bylaws and Robert’s Rules.

L. Failure to Follow Club Requirements

Willful or repeated refusal to comply with:

the Constitution and Bylaws;
the Beach Rules;
this Code;
duly adopted Club policies;
a valid disciplinary condition or behavioral agreement; or
a lawful directive issued by an officer or authorized Club representative acting within the scope of that person’s authority.

M. Abuse of Position

Using a Club office, committee position, access privilege, confidential information, or control over Club property to harass, retaliate against, improperly favor, punish, or disadvantage another person.

N. Other Seriously Injurious Conduct

Other conduct may constitute a violation when it materially and demonstrably harms or threatens:

the safety of persons;
Club property or finances;
the Club’s ability to operate;
the orderly functioning of Club activities;
the Club’s legal or contractual obligations; or
the Club’s reputation in a serious and objectively verifiable manner.

This provision shall not be used merely to punish unpopular opinions, criticism of Club leadership, personal disagreements unrelated to the Club, or lawful activity lacking a substantial connection to the Club.

5. Reporting Misconduct

A member who believes this Code has been violated should submit a written complaint to the Recording Secretary, as required by the Bylaws.

If the Recording Secretary is the complainant, accused person, material witness, or has another significant conflict of interest, the complaint may be submitted to the Commodore. If the Commodore also has a conflict, it may be submitted to a disinterested trustee designated by the Board.

The complaint should include, when reasonably available:

the name of the person accused;
a description of the conduct;
the date, time, and location;
the names of witnesses;
relevant documents, photographs, videos, emails, messages, or other evidence;
prior related incidents; and
the outcome requested, although the Board is not bound by that request.

Failure to provide every item shall not automatically invalidate a complaint.

Complaints should be submitted promptly. Delay may be considered when evaluating reliability but shall not automatically bar consideration, particularly when fear, continuing conduct, safety concerns, or other reasonable circumstances explain the delay.

6. Anonymous Information

Anonymous reports may be used to initiate a preliminary inquiry when they contain credible, specific, and verifiable information.

Except where independently established by reliable evidence, substantial discipline should not be based solely upon an anonymous allegation that the accused member had no meaningful opportunity to address.

7. Preliminary Review

The Recording Secretary shall promptly forward the complaint to the Board in accordance with Article V of the Bylaws.

The Board, or a disinterested review panel appointed by the Board, shall conduct a preliminary review to determine whether:

the allegations, if true, would constitute a violation;
immediate protective action may be necessary;
the matter is suitable for informal resolution;
additional information is needed; or
a formal investigation or disciplinary hearing should proceed.

The preliminary review is not a determination of guilt.

A complaint may be dismissed when it is outside the Club’s authority, plainly unsupported, duplicative without new information, or insufficient to describe a possible violation. The reason for dismissal should be recorded.

8. Conflicts of Interest and Recusal

Any officer, trustee, investigator, or committee member who:

is the complainant or accused person;
is a material witness;
has a close personal, family, financial, or adversarial relationship with a party; or
cannot evaluate the matter impartially,

shall disclose the conflict and shall not participate in an official decision-making capacity in investigating, deliberating, or voting on the matter. A recused person may nevertheless participate as a complainant, accused member, or witness to the same extent as any other person in that role.

Recused Board members shall not be counted as voting on the disciplinary decision. Quorum and voting requirements shall remain governed by the Bylaws and applicable law.

9. Informal Resolution

When appropriate and agreed to by the affected parties, minor matters may be addressed through:

a private discussion;
facilitated conversation;
written expectations;
apology;
restitution;
safety instruction;
voluntary mediation; or
another corrective agreement.

Informal resolution is generally inappropriate where the allegations involve violence, credible threats, retaliation, serious harassment, serious safety violations, substantial property damage, or repeated misconduct following prior discipline.

No person shall be compelled to participate in mediation with someone accused of threatening, assaulting, or seriously harassing that person.

10. Investigation

The Board may conduct the investigation itself or appoint a disinterested committee or investigator.

The investigation may include:

interviewing the complainant, accused member, and witnesses;
requesting written statements;
reviewing Club records;
reviewing relevant emails, texts, photographs, videos, or other communications voluntarily provided or lawfully available;
inspecting relevant property or equipment; and
prior disciplinary history ordinarily shall not be considered in determining whether the conduct currently alleged occurred, but may be considered after a violation is sustained in determining the appropriate sanction. Prior history may be considered earlier when directly relevant to an issue such as notice, intent, or a specifically alleged pattern of conduct.

The investigation shall be conducted as impartially, promptly, and confidentially as reasonably practicable.

The accused member shall be informed of the substance of the allegations and given a reasonable opportunity to respond.

11. Notice of Hearing

Before formal discipline is imposed, the accused member shall receive written notice stating:

the conduct alleged;
the provisions allegedly violated;
the date, time, place, and manner of the hearing;
the possible categories of discipline under consideration;
the right to submit a written response and relevant evidence;
the deadline for submitting evidence or witness information; and
the member’s opportunity to appear and be heard.

Notice should ordinarily be provided at least fourteen days before the hearing unless:

the member agrees to shorter notice;
urgent circumstances require a shorter period; or
an interim protective measure is being considered.

Notice shall be sent using the method permitted by the Bylaws and applicable Club practices.

12. Hearing Procedure

The hearing shall be conducted by the Board of Directors or another body expressly authorized by the Bylaws.

The chair shall:

identify the allegations;
explain the procedure;
maintain order;
allow a reasonable presentation by both sides;
permit relevant questions;
exclude unduly repetitive, irrelevant, abusive, or unreliable material; and
ensure that the Board has sufficient information to make a fair decision.

The accused member may:

appear and respond;
present relevant evidence;
identify witnesses;
question or propose questions for witnesses through the chair;
submit a written statement; and
be accompanied by a support person or attorney.

An attorney may advise the member but shall not question witnesses, address the Board, or otherwise participate unless the Board permits it. If the Club intends to have its own attorney actively participate, reasonable notice should be given to the accused member.

Formal rules of evidence applicable in court shall not control, but the Board should consider the reliability, relevance, consistency, corroboration, and credibility of the evidence.

The hearing may proceed in the member’s absence when proper notice was provided and the member fails to appear without obtaining a postponement.

13. Standard of Proof

A violation must be established by a preponderance of the evidence, meaning that, after considering the reliable evidence, the Board finds it more likely than not that the violation occurred.

The burden remains on the Club or complainant to establish the violation. The accused member is not required to prove innocence.

14. Findings and Decision

The Board shall deliberate in executive session without the parties or witnesses present.

The Board should make separate findings concerning:

what conduct occurred;
which provisions were violated;
aggravating and mitigating circumstances;
prior related warnings or discipline;
the risk of recurrence;
the effect on safety and Club operations; and
the appropriate corrective or disciplinary action.

The decision shall be recorded in the Board’s confidential records. The accused member shall receive written notice of the outcome and any conditions, restrictions, deadlines, or appeal rights.

The complainant may be informed that the matter was addressed but need not receive confidential details concerning the sanction, except when necessary for safety or enforcement.

15. Disciplinary and Corrective Measures

Depending upon the seriousness, frequency, and circumstances of the conduct, the Board may impose one or more of the following:

counseling or informal corrective instruction;
verbal warning documented in Club records;
written warning;
formal reprimand;
required apology or corrective communication;
safety training or other appropriate education;
restitution, repair, or reimbursement for loss or damage;
a written behavioral agreement;
no-contact or limited-contact conditions;
restrictions on use of particular facilities, equipment, boats, or activities;
suspension of racing privileges;
suspension of social-event privileges;
suspension of beach, storage, gate, launching, or other Club privileges;
removal from an appointed committee or appointed position;
probation for a specified period;
suspension of membership for a specified period;
nonrenewal of an applicant’s membership as permitted by the Bylaws; or
expulsion from membership.

Removal or suspension from an elected officer or trustee position shall be handled under the provisions of the Bylaws and applicable law governing that position, and not solely as an ordinary membership sanction.

16. Factors Affecting Discipline

Discipline should be reasonably proportionate to the conduct. The Board may consider:

the seriousness of the violation;
whether the conduct was deliberate, reckless, or negligent;
actual or potential harm;
whether the member accepted responsibility;
efforts to repair the harm;
prior warnings, probation, behavioral agreements, or discipline;
repeated or escalating conduct;
retaliation or intimidation;
the member’s candor and cooperation;
the need to protect members and Club operations; and
consistency with sanctions imposed in reasonably comparable cases.

Progressive discipline is not required. Serious misconduct may justify suspension or expulsion on a first sustained complaint.

17. Interim Protective Measures

Nothing in this Code prevents an officer or other authorized Club representative from taking reasonable and temporary action within that person’s existing authority when immediately necessary to protect persons or property, address an active safety hazard, or maintain order at a Club activity. Such action may include directing a person to cease unsafe conduct or, when reasonably necessary, to leave the immediate area or Club activity.

Any suspension of membership or Club privileges constituting disciplinary action shall be imposed only in accordance with Article V of the Bylaws.

Emergency or protective action does not constitute a finding of misconduct and shall be reported promptly to the Board of Directors.

18. Voting Requirement

Any final disciplinary action shall require the vote specified in Article V of the Constitution and Bylaws.

Under the current Bylaws, disciplinary action up to and including expulsion requires an affirmative vote of two-thirds of the Board of Directors.

A Board member who is the accused person shall not participate in the Board’s deliberations or vote on the disciplinary decision, but retains the same right as any other accused member to appear, respond, present evidence, and otherwise participate in the hearing. Other conflicts shall be handled under Section 8 of this Code.

19. Request for Review

A disciplined member may submit a written request for review within thirty days after receiving the written decision.

A request for review shall be limited to one or more of the following:

a material procedural error that could reasonably have affected the result;
significant new evidence that was not reasonably available at the hearing;
a material undisclosed conflict of interest;
clear inconsistency between the findings and the sanction; or
a sanction that is plainly disproportionate to the sustained conduct.

A request for review shall not merely repeat arguments already considered.

To the extent reasonably possible, persons who conducted the original investigation should not control the review. The Board’s decision following review shall be final within the Club.

20. Records and Confidentiality

Complaints, investigative materials, hearing records, findings, and disciplinary decisions shall be maintained by the Recording Secretary or another designated custodian.

Information shall be shared only with persons who reasonably need it to:

investigate or decide the matter;
protect safety;
enforce a sanction;
obtain legal advice;
comply with law, insurance requirements, or contractual obligations; or
conduct Club governance.

The Club cannot promise absolute confidentiality. Participants shall nevertheless refrain from unnecessary disclosure, gossip, retaliation, witness coordination, or public attacks concerning a pending matter.

Nothing in this section prohibits a person from consulting an attorney, reporting possible criminal conduct, communicating with law enforcement, responding to lawful process, or exercising another legal right.

A recused officer, trustee, or committee member shall not receive confidential investigative or deliberative materials solely by virtue of that person’s Club position. This does not limit information the person is entitled to receive as a complainant, accused member, witness, or as otherwise required by law or this Code.

21. Good-Faith Reporting and Cooperation

No member shall be disciplined merely because a good-faith complaint was not sustained.

Members shall not knowingly destroy, alter, conceal, or fabricate relevant evidence, pressure a witness, or intentionally provide materially false information during a Club proceeding.

Such conduct may constitute a separate violation.

22. Law Enforcement and Emergencies

The Club’s process is not a substitute for police, emergency services, civil remedies, or other legal procedures.

Members should immediately contact emergency services when conduct involves an imminent threat, assault, serious injury, suspected crime, fire, dangerous intoxication, or another emergency.

The Club may proceed with its own protective or disciplinary process regardless of whether law enforcement acts, subject to advice of counsel where appropriate.

23. Consistent and Prospective Application

This Code shall be applied fairly and without favoritism.

Conduct occurring before the effective date may be considered as relevant history when it was previously documented, warned against, or disciplined under the rules then in effect. A member should not be found to have violated a newly created rule solely because of conduct that occurred before the rule was adopted.

Continued or repeated conduct occurring after the effective date may be addressed under this Code.

24. No Waiver

Failure to enforce this Code in one instance shall not prevent enforcement in a later instance.

Past tolerance of misconduct does not create a right to continue that conduct. However, the Board should strive for reasonable consistency and should explain material differences in treatment.

25. Effective Date and Member Acknowledgment

This Code shall become effective on the date approved in accordance with the Constitution and Bylaws.

A copy shall be:

provided with membership and renewal materials;
posted on the Club website;
made available at the Club;
provided to all current members; and
incorporated by reference into the Club Rules.

All members and applicants are subject to this Code upon its effective date.

Submission or renewal of a membership application after the effective date constitutes acknowledgment of the member’s obligation to comply with this Code.