DECISION ON A BREACH
DECISION ON A BREACH
8-1/1 Whether Committee Should Consider All Possible Breaches of Rules
Q. Under Rule 8-1, should the appropriate Committee of the Governing Body consider all possible breaches of the Rules or should it only consider cases of doubt?
A. The Committee should consider all cases which come to its attention. Each case must be dealt with on its merits and the Committee has the option under Rule 8-2, upon a decision that a person has breached the Rules, to declare the Amateur Status of the person to be forfeited or to warn the person concerned. (Revised)
8-1/2 Procedure for Enforcement of Rules When Breach Occurs Outside Country in Which Amateur Golfer Resides
Q. In accordance with Rules 8, it is a matter for the Committee to investigate a possible breach of the Rules and determine whether a breach has occurred. In the event that the possible breach takes place in a country other than that in which the amateur golfer resides, under whose jurisdiction should the breach be investigated and any action taken on enforcement of the Rules?
A. An amateur golfer must uphold both the Rules of the country in which he resides and the Rules of the country in which he is competing. It is a matter for the Committee of the Governing Body of the country in which the golfer resides to investigate a possible breach of the Rules and make a decision on enforcement of the Rules, as appropriate. (Revised)
8-2/1 Whether Clear and Admitted Breach of Rules Requires Action
In cases where an amateur golfer has made the decision to turn professional or to follow a career as a golf instructor or coach, the golfer automatically forfeits his Amateur Status when he breaches the Rules.
However, in other cases, even where a clear breach of the Rules occurs and it is admitted by the individual, forfeiture of Amateur Status is not automatic. The Committee should declare that such a person has forfeited his Amateur Status and this should go on record so that the period awaiting reinstatement can be properly assessed for reinstatement application purposes.
8-2/2 Clear Breach of Rules Not Referred to Governing Body
Q. In relation to Decision 8-2/1, if the facts of a case in which an amateur golfer is in clear breach of the Rules is not brought to the attention of the Governing Body, is the golfer considered to have forfeited his Amateur Status?
A. Yes. Although forfeiture of Amateur Status is not normally automatic and is the decision of the Governing Body, an amateur golfer who has committed a clear breach of the Rules is considered to have forfeited his Amateur Status at the time of the breach.
8-3/1 Appeals Procedures
Q. May a person affected by a decision made by the Mexican Golf Federation (FMG) appeal that decision to the USGA?
A. Only if a person's Governing Body is the USGA may that person appeal a decision to the USGA. The Mexican Golf Federation (FMG) should establish an appropriate appeals process and procedure to handle any decisions relating to either enforcement of the Rules or reinstatement of Amateur Status as provided by Rules 8-3 and 9-4. The Mexican Golf Federation (FMG) may consult with the USGA (Rule 10-2); however, ultimately it is for the Mexican Golf Federation (FMG) to decide matters referred to it in accordance with the Rules. (New)