When you vote kick someone you need to chose an option, not using protect as your 1st cross class is not one of them. So kicking a player for that is abuse of the function and there is a nice red disclaimer under saying that abuse of the kick function can be punished.
Back on topic, I don't run Protect in 1st slot either, but I run it in 2nd, fuck Aero. you got only 3 dungeons (and well... guildhests?) before syincing to at least 20 and no one should complain about that, there are a lot more dungeons between 20 and 30 so just run it in second slot, Aero is not that important, you'll just use more Ruin.