If an individual (the “complainant”) believes that a member, non-member, or entity (the “Respondent”) has violated the Code of Conduct Pickleball University, Inc (‘PBU”) then they may file a signed, written statement (the “Complaint”) with PBU.   The Complaint shall specify the Respondent and the acts of fact the Complainant alleges were committed by the Respondent that constitute a violation of the PBU Code of Conduct.

The President shall promptly provide a copy of the Complaint to each Member of the PBU Board of Directors. The Directors shall vote by email, or at a scheduled Directors meeting, not later than five (5) days from receipt of the Complaint, whether there exists reasonable cause to believe that the statements set forth in the Complaint, if true, constitute a violation of the PBU Code of Conduct.

1. If upon majority vote of the Directors it is determined that the facts alleged in the Complaint, if true, do not rise to a violation of the PBU Code of Conduct then the Complaint shall be dismissed.

2. If upon majority vote of the Directors it is determined that if true, the facts alleged in the Complaint do rise to constitute a violation of the PBU Code of Conduct then a copy of the Complaint shall be sent to the Respondent by email and U.S. Mail with notice the Respondent has ten (10) days to provide a written response in the defense against the allegations set forth in the Complaint. The Respondent’s response could also include statements of witnesses in his/her defense. The Complainant shall have the same ten (10) days to submit a supplemental statement and statements from the witnesses to support his / her position.  The board upon reviewing the submissions from the Complaint and Respondent shall have the discretion to pose written follow-up questions to either, or both Complainant and Respondent to respond to in writing.

(a) If after reviewing the evidence the Board by majority vote of this Directors voting determines by a preponderance of evidence that Respondent’s conduct did not violate PBU Code of Conduct occurred then the Board shall dismiss the Complaint.

(b) If after reviewing the evidence the Board by majority vote of this Directors voting determines by a preponderance of evidence that Respondent’s conduct did violate the PBU Code of Conduct occurred then the Board at is discretion may:

(I) Provide written warning to the Respondent.

(II) Suspend the Respondent for a set period of time.

(III) Expel the Respondent from PBU.

(IV) Take any other action that the Board seems just and proper.

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3. The Board shall use good faith efforts to keep the proceeding confidential. Any Board member who frequently socializes or plays pickleball with or against the Complainant, Respondent, or a witness shall be encouraged to recuse themselves from such proceeding. The votes of Board members relating to a Complaint shall not be made public.

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4. The board shall have discretion to provide as many written or verbal warnings as in its collective judgment shall be appropriate. It is the intent of the Board that discipline shall be progressive however the Board shall have the discretion to determine that some violations are more egregious than others and shall not be bound to provide one or more warnings prior to suspension or expulsion of a member.

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