III. CONDUCT

 

III. CONDUCT

 

Section 1.  DISCIPLINE, PENALTIES, AND APPEALS

 

Each PGA of America Member or Apprentice Participant (“Participant”) in a Section golf tournament acknowledges the right and authority of the Section to (i) fine and suspend from tournament play; and/or to (ii) fine and permanently bar the Participant from Section tournaments. Any Participant in a Section event hereby releases the PGA of America Section, the PGA of America, the PGA Tournament Corporation, Inc., rules officials, each director, officer, member, employee, agent or representative of any of the foregoing jointly and severally, individually and in their official capacity, of and from any and all claims, demands, damages and causes of action whatsoever, in law or equity, arising out of or in connection with any such decision or action by the Section, PGA of America or any appellate body.

 

Fines are due and payable within thirty (30) days unless the Participant has made a written appeal. Should the appeal be denied, the fine will be due and payable within thirty (30) days of such denial of appeal; and the Participant will be ineligible to participate in any Section tournament and any other PGA of America tournaments and the tournaments of any other PGA Section until said fine is paid in full.

 

1. Advance Notification of Proposed Disciplinary Action

Except for penalties under the Rules of Golf and for “Minor Penalties” (as hereafter defined), any Participant subject to disciplinary action or penalty defined as a “Major Penalty” shall first be notified of such proposed action in writing. Such notice may be presented to the Participant by a tournament official. Within thirty (30) days from the receipt of the notice, the Participant shall submit to the Section Tournament Director or the Section Executive Director such facts or evidence of mitigating circumstances as may apply. Within thirty (30) days of receipt of such information from the Participant, the Section Tournament Director or the Section Executive Director shall notify the Participant in writing of the imposition of the proposed disciplinary action or penalty, or that the proposed action has been dismissed.  After the imposition of any penalty hereunder, the Participant shall have the right to appeal to the Section Board of Inquiry as set forth in Section E herein.

 

2. Rules of Golf

Any Participant in a Section tournament who breaches the Rules of Golf of the United States Golf Association or Local Rules in effect for the conduct of such event shall be subject to the penalties provided in such Rules as well as any other penalties imposed by the Section consistent with this policy. The decision of the Section Rules Officials/ and/or the Section Tournament Committee with respect to such Rules breach shall be final and conclusive.

 

3. Conduct Unbecoming a Professional

Any Participant deemed guilty of conduct unbecoming a professional while participating in a Section tournament or in activities related thereto (e.g. practice rounds, hospitality events, etc.) shall be subject to fine, suspension and/or permanent disbarment from Section tournament play as provided in this policy. A fine of $100 shall be levied for the first offense.  A fine of $150 shall be levied for the second offense, and a prohibition from participating in Section events for one year shall be levied for the third offense. Any Participant that is found guilty of more than three offenses for conduct unbecoming a professional charge may, at the sole discretion of the Section, be permanently prohibited from participating in all Section and PGA of America tournaments and also may be subject to PGA of America Code of Ethics charges. Notwithstanding the foregoing, the Section reserves the right to pursue Code of Ethics charges against any PGA Member/Apprentice for conduct charges related to the conduct of any Participant at Section golf tournaments and related events at the sole discretion of the Section in compliance with the procedures for Code of Ethics hearings as set forth in this Article II of the Bylaws.

 

4. Classes of Penalties for Section Tournament Offenses

1. Minor Penalties

A Minor Penalty is a fine of not more than $150 and/or suspension from tournament play for two or less tournaments. A Minor Penalty may be imposed by the Section tournament officials responsible for the conduct of the tournament.

2. Major Penalties 

Major Penalty is a fine in excess of $150, suspension from tournament play for more than three tournaments, and/or permanent disbarment from Section tournament play.   

  

5. Appeals 

1. Minor Penalties

Appeals from Minor Penalties shall be to the Tournament Committee Chairperson (or his/her designee).  Such appeal may be in writing or oral. Such appeal shall be received by the Tournament Committee Chair no later than thirty (30) days subsequent to the infraction. The Tournament Committee Chair shall render the decision on appeal in writing within thirty (30) days of the receipt of the appeal and submit a final report to the Section Executive Director. The Section Executive Director shall submit this final report to the Association General Counsel.  Such decision shall be final. Notwithstanding the foregoing, in the event that the Section determines that it would prefer that a Minor Penalty shall be submitted to the Board of Control for a hearing in lieu of action by the Section, then the Section Board of Inquiry will follow the same procedures set forth herein for all matters submitted to the Board of Control for Code of Ethics procedures.

 

2. Major Penalties 

Within thirty days from the date of notification of a Major Penalty, the Participant may submit a written appeal to the Section Board of Inquiry. Failure to file such an appeal shall be deemed conclusively to be an admission of the charges specified in the notification.

 

Thereafter, the Section Board of Inquiry will prepare a report of the matter to the Board of Control and the matter will be set for a hearing before the Board of Control in accordance with all applicable procedures set forth herein for ethics appeals heard by the Board of Control. The Board of Control shall hear the appeal either at the next regularly scheduled Board of Control hearing or at an expedited meeting that may be held in person or via conference call at the discretion of the Chair of the Board of Control. The decision of the Board of Control shall be final. An appeal shall operate to stay the effective date of any penalty, except suspension from a Section tournament then in progress or scheduled for the calendar week in which the alleged violation occurred, until after a final decision on the appeal.

 

All fines must be paid within thirty (30) days from the imposition of the fine, or in the event of an appeal, within (30) days from the decision rendered by the Board of Control in the event the Board of Control upholds the findings of the Tournament Committee Chair.  

 

 

Section 2.  PGA DRESS CODE

In Tennessee Section events and Chapter Championships/Pro-Ams, Tennessee PGA Professionals will observe the TNPGA Dress Code. Male PGA participants may wear slacks or shorts. Female PGA participants may wear culottes, walking shorts, or golf shorts which constitute acceptable clothing worn by women in connection with participation in professional golf tournaments. All PGA participants will be required to present a neat appearance, appropriate to a professional golf tournament in both clothing and grooming. Professionals will be respectful to the Host Facilities' Dress Code that may require Male Professionals to wear pants. Professionals are not to wear cargo shorts or any attire that represents athletic wear.

 

Penalty for a breach of dress code will be a $100 fine for the first offense, $150 fine for the second offense and suspension from participating in Section events for one year shall be levied for the third offense. Punishment for any future offenses will be determined by a majority vote of the Tournament Committee. During any Section/Chapter event, if a PGA Professional is in violation of the dress code during play, upon notification, the Professional will not be allowed to continue play until he/she is wearing proper attire. Any applicable penalties as stipulated by the USGA Rules of Golf (i.e. undue delay) will be enforced.