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The Nspe Ethics Reference Guide

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0% found this document useful (0 votes)
38 views

The Nspe Ethics Reference Guide

Uploaded by

Zakir Hossen
Copyright
© © All Rights Reserved
Available Formats
Download as PDF, TXT or read online on Scribd
You are on page 1/ 29

Includes the

2018 Cases and the


Recently Released
Ethics Study Guide!

The NSPE

Ethics
Reference Guide
NSPE Ethics Reference Guide

Table of Contents Page

Foreword ................................................................................................... 1

Engineers’ Creed ...................................................................................... 2

NSPE Code of Ethics ............................................................................3-4

NSPE Ethics Study Guide ....................................................................5-7

Subject Reference Guide to NSPE Code of Ethics .................................. 8

Consolidated Table of Contents to the Opinions of the


Board of Ethical Review ...............................................................9-22

NSPE Code of Ethics Case Index .....................................................23-25

(3/19)
Board of Ethical Review Cases

Honesty, justice and courtesy form the moral


Foreword philosophy which, associated with mutual
interest among mankind, constitute the
foundation of ethics. The engineer should
Professionalism and ethics are twins, recognize such a standard, not in passive
inseparably bound together in the concept that observance, but as a set of dynamic principles
professional status and recognition must be based guiding the engineer's conduct and way of life.
upon public service under a higher duty than mere It is the engineer's duty to practice according to
compliance with the letter of the law. Ethics these Canons of Ethics.
provides the framework within which engineers
may travel the "second mile," so ably defined by It is in the spirit of these cogent observations
Dr. William E. Wickenden, former president of and principles that the National Society of
Case Institute of Technology: Professional Engineers (NSPE) has adopted a
Code of Ethics to lend aid and understanding to all
Every calling has its mile of compulsion: Its engineers who strive for the dignity and true worth
round of tasks and duties, its prescribed man-to- of the professional.
man relationships, which one must traverse
daily if one is to survive. Beyond that is the mile This Code of Ethics is the result of extensive
of voluntary effort where one strives for special study and deliberation by the NSPE Board of
excellence, seeks self-expression more than
Ethical Review, the review of the codes of ethics
material gain, and gives that unrequited margin
of service to the common good which invests of engineering societies and those of other
work with a wide and enduring significance. professions, and consultations with a broad cross
The best fun of life and most of its durable section of the engineering profession. A code of
satisfaction lies in this second mile and it is only ethics is not a static document; its purpose is to live
here that a calling can attain the dignity and and breathe with the profession it serves.
distinction of a profession. Experience and changed circumstance will require
continual review and revision of this Code of
The voluntary assumption of a higher duty Ethics to reflect the growing understanding of
imposed by individual conscience is the root engineering professionalism in public service.
principle of ethics. The Foreword of the 1947 Comments and suggestions from all members of
ECPD Canons of Ethics expresses these principles the engineering profession are solicited toward this
for the professional engineer in the following end.
terms:

1
Engineers’ Creed
As a Professional Engineer, I dedicate my
professional knowledge and skill to the
advancement and betterment of human welfare.
I pledge:
To give the utmost of performance;
To participate in none but honest enterprise;
To live and work according to the laws of man and the
highest standards of professional conduct;
To place service before profit, the honor and standing of
the profession before personal advantage, and the public
welfare above all other considerations.
In humility and with need for Divine Guidance,
I make this pledge.
Adopted by the National Society of Professional Engineers, June 1954

2
Code of Ethics for Engineers

Preamble qualified by education or experience in the specific 5. Engineers shall avoid deceptive acts.
Engineering is an important and learned profession. As members technical fields involved. a. Engineers shall not falsify their qualifications or
of this profession, engineers are expected to exhibit the highest b. Engineers shall not affix their signatures to any plans permit misrepresentation of their or their associates’
standards of honesty and integrity. Engineering has a direct and or documents dealing with subject matter in which qualifications. They shall not misrepresent or exaggerate
vital impact on the quality of life for all people. Accordingly, the they lack competence, nor to any plan or document not their responsibility in or for the subject matter of prior
services provided by engineers require honesty, impartiality, prepared under their direction and control. assignments. Brochures or other presentations incident
fairness, and equity, and must be dedicated to the protection c. Engineers may accept assignments and assume to the solicitation of employment shall not misrepresent
of the public health, safety, and welfare. Engineers must responsibility for coordination of an entire project and sign pertinent facts concerning employers, employees,
perform under a standard of professional behavior that requires and seal the engineering documents for the entire project, associates, joint venturers, or past accomplishments.
adherence to the highest principles of ethical conduct. provided that each technical segment is signed and sealed b. Engineers shall not offer, give, solicit, or receive, either
only by the qualified engineers who prepared the segment. directly or indirectly, any contribution to influence the
award of a contract by public authority, or which may be
I. Fundamental Canons 3. Engineers shall issue public statements only in an objective
reasonably construed by the public as having the effect
Engineers, in the fulfillment of their professional duties, shall: and truthful manner.
or intent of influencing the awarding of a contract. They
1. Hold paramount the safety, health, and welfare of the public. a. Engineers shall be objective and truthful in professional
shall not offer any gift or other valuable consideration in
2. Perform services only in areas of their competence. reports, statements, or testimony. They shall include
order to secure work. They shall not pay a commission,
3. Issue public statements only in an objective and truthful all relevant and pertinent information in such reports,
percentage, or brokerage fee in order to secure work,
manner. statements, or testimony, which should bear the date
except to a bona fide employee or bona fide established
4. Act for each employer or client as faithful agents or trustees. indicating when it was current.
commercial or marketing agencies retained by them.
5. Avoid deceptive acts. b. Engineers may express publicly technical opinions
6. Conduct themselves honorably, responsibly, ethically, that are founded upon knowledge of the facts and
and lawfully so as to enhance the honor, reputation, and competence in the subject matter. III. Professional Obligations
usefulness of the profession. c. Engineers shall issue no statements, criticisms, or 1. Engineers shall be guided in all their relations by the
arguments on technical matters that are inspired or paid highest standards of honesty and integrity.
for by interested parties, unless they have prefaced their a. Engineers shall acknowledge their errors and shall not
II. Rules of Practice
comments by explicitly identifying the interested parties distort or alter the facts.
1. Engineers shall hold paramount the safety, health, and
on whose behalf they are speaking, and by revealing the b. Engineers shall advise their clients or employers when
welfare of the public.
existence of any interest the engineers may have in the they believe a project will not be successful.
a. If engineers’ judgment is overruled under
matters. c. Engineers shall not accept outside employment to
circumstances that endanger life or property, they shall
the detriment of their regular work or interest. Before
notify their employer or client and such other authority 4. Engineers shall act for each employer or client as faithful accepting any outside engineering employment, they will
as may be appropriate. agents or trustees. notify their employers.
b. Engineers shall approve only those engineering documents a. Engineers shall disclose all known or potential conflicts d. Engineers shall not attempt to attract an engineer from
that are in conformity with applicable standards. of interest that could influence or appear to influence another employer by false or misleading pretenses.
c. Engineers shall not reveal facts, data, or information their judgment or the quality of their services. e. Engineers shall not promote their own interest at the
without the prior consent of the client or employer except b. Engineers shall not accept compensation, financial or expense of the dignity and integrity of the profession.
as authorized or required by law or this Code. otherwise, from more than one party for services on
d. Engineers shall not permit the use of their name or the same project, or for services pertaining to the same 2. Engineers shall at all times strive to serve the public interest.
associate in business ventures with any person or firm project, unless the circumstances are fully disclosed and a. Engineers are encouraged to participate in civic affairs;
that they believe is engaged in fraudulent or dishonest agreed to by all interested parties. career guidance for youths; and work for the advancement
enterprise. c. Engineers shall not solicit or accept financial or other of the safety, health, and well-being of their community.
e. Engineers shall not aid or abet the unlawful practice of valuable consideration, directly or indirectly, from outside b. Engineers shall not complete, sign, or seal plans and/or
engineering by a person or firm. agents in connection with the work for which they are specifications that are not in conformity with applicable
f. Engineers having knowledge of any alleged violation of responsible. engineering standards. If the client or employer insists
this Code shall report thereon to appropriate professional d. Engineers in public service as members, advisors, or on such unprofessional conduct, they shall notify the
bodies and, when relevant, also to public authorities, and employees of a governmental or quasi-governmental proper authorities and withdraw from further service on
cooperate with the proper authorities in furnishing such body or department shall not participate in decisions with the project.
information or assistance as may be required. respect to services solicited or provided by them or their c. Engineers are encouraged to extend public knowledge
organizations in private or public engineering practice. and appreciation of engineering and its achievements.
2. Engineers shall perform services only in the areas of their
e. Engineers shall not solicit or accept a contract from a d. Engineers are encouraged to adhere to the principles
competence.
governmental body on which a principal or officer of their of sustainable development1 in order to protect the
a. Engineers shall undertake assignments only when
organization serves as a member. environment for future generations.

1420 KING STREET • ALEXANDRIA, VIRGINIA 22314-2794 • 888-285-NSPE (6773) • [email protected] • WWW.NSPE.ORG • PUBLICATION DATE AS REVISED JULY 2018 • PUBLICATION #1102
COPYRIGHT NATIONAL SOCIETY OF PROFESSIONAL ENGINEERS. ALL RIGHTS RESERVED.
e. Engineers shall continue their professional development c. Engineers shall not, without consent, use equipment, “By order of the United States District Court for the
throughout their careers and should keep current in their supplies, laboratory, or office facilities of an employer District of Columbia, former Section 11(c) of the NSPE
specialty fields by engaging in professional practice, to carry on outside private practice.
Code of Ethics prohibiting competitive bidding, and all
participating in continuing education courses, reading
7. Engineers shall not attempt to injure, maliciously or policy statements, opinions, rulings or other guidelines
in the technical literature, and attending professional
falsely, directly or indirectly, the professional reputation,
meetings and seminars. interpreting its scope, have been rescinded as unlawfully
prospects, practice, or employment of other engineers.
3. Engineers shall avoid all conduct or practice that Engineers who believe others are guilty of unethical or interfering with the legal right of engineers, protected
deceives the public. illegal practice shall present such information to the under the antitrust laws, to provide price information to
a. Engineers shall avoid the use of statements containing proper authority for action. prospective clients; accordingly, nothing contained in the
a material misrepresentation of fact or omitting a a. Engineers in private practice shall not review the work
material fact. of another engineer for the same client, except with the NSPE Code of Ethics, policy statements, opinions, rulings
b. Consistent with the foregoing, engineers may advertise knowledge of such engineer, or unless the connection of or other guidelines prohibits the submission of price
for recruitment of personnel. such engineer with the work has been terminated. quotations or competitive bids for engineering services
c. Consistent with the foregoing, engineers may prepare b. Engineers in governmental, industrial, or educational
at any time or in any amount.”
articles for the lay or technical press, but such articles employ are entitled to review and evaluate the work of other
shall not imply credit to the author for work performed engineers when so required by their employment duties.
by others. c. Engineers in sales or industrial employ are entitled to Statement by NSPE Executive Committee
make engineering comparisons of represented products In order to correct misunderstandings which have been
4. Engineers shall not disclose, without consent, confidential indicated in some instances since the issuance of the
with products of other suppliers.
information concerning the business affairs or technical Supreme Court decision and the entry of the Final Judgment,
processes of any present or former client or employer, or 8. Engineers shall accept personal responsibility for their it is noted that in its decision of April 25, 1978, the Supreme
public body on which they serve. professional activities, provided, however, that engineers Court of the United States declared: “The Sherman Act does
a. Engineers shall not, without the consent of all may seek indemnification for services arising out of not require competitive bidding.”
interested parties, promote or arrange for new their practice for other than gross negligence, where the
employment or practice in connection with a specific engineer’s interests cannot otherwise be protected. It is further noted that as made clear in the Supreme Court
project for which the engineer has gained particular a. Engineers shall conform with state registration laws in decision:
and specialized knowledge. the practice of engineering. 1. Engineers and firms may individually refuse to bid for
b. Engineers shall not, without the consent of all b. Engineers shall not use association with a nonengineer, a engineering services.
interested parties, participate in or represent an corporation, or partnership as a “cloak” for unethical acts. 2. Clients are not required to seek bids for engineering
adversary interest in connection with a specific project services.
9. Engineers shall give credit for engineering work to those
or proceeding in which the engineer has gained 3. Federal, state, and local laws governing procedures
to whom credit is due, and will recognize the proprietary
particular specialized knowledge on behalf of a former to procure engineering services are not affected, and
interests of others.
client or employer. remain in full force and effect.
a. Engineers shall, whenever possible, name the person or
5. Engineers shall not be influenced in their professional persons who may be individually responsible for designs, 4. State societies and local chapters are free to actively
duties by conflicting interests. inventions, writings, or other accomplishments. and aggressively seek legislation for professional
a. Engineers shall not accept financial or other b. Engineers using designs supplied by a client recognize selection and negotiation procedures by public
considerations, including free engineering designs, that the designs remain the property of the client and agencies.
from material or equipment suppliers for specifying may not be duplicated by the engineer for others without 5. State registration board rules of professional conduct,
their product. express permission. including rules prohibiting competitive bidding for
b. Engineers shall not accept commissions or allowances, c. Engineers, before undertaking work for others in engineering services, are not affected and remain in
directly or indirectly, from contractors or other parties connection with which the engineer may make full force and effect. State registration boards with
dealing with clients or employers of the engineer improvements, plans, designs, inventions, or other authority to adopt rules of professional conduct may
in connection with work for which the engineer is records that may justify copyrights or patents, should adopt rules governing procedures to obtain engineering
responsible. enter into a positive agreement regarding ownership. services.
d. Engineers’ designs, data, records, and notes referring 6. As noted by the Supreme Court, “nothing in the
6. Engineers shall not attempt to obtain employment or judgment prevents NSPE and its members from
exclusively to an employer’s work are the employer’s
advancement or professional engagements by untruthfully attempting to influence governmental action . . .”
property. The employer should indemnify the engineer
criticizing other engineers, or by other improper or
for use of the information for any purpose other than the
questionable methods. Note: In regard to the question of application of the Code to
original purpose. corporations vis-a-vis real persons, business form or type should
a. Engineers shall not request, propose, or accept a
not negate nor influence conformance of individuals to the Code.
commission on a contingent basis under circumstances Footnote 1 “Sustainable development” is the challenge of meeting The Code deals with professional services, which services must
in which their judgment may be compromised. human needs for natural resources, industrial products, energy, be performed by real persons. Real persons in turn establish and
b. Engineers in salaried positions shall accept part-time food, transportation, shelter, and effective waste management while implement policies within business structures. The Code is clearly
engineering work only to the extent consistent with conserving and protecting environmental quality and the natural written to apply to the Engineer, and it is incumbent on members
resource base essential for future development.
policies of the employer and in accordance with ethical of NSPE to endeavor to live up to its provisions. This applies to all
considerations. pertinent sections of the Code.

1420 KING STREET • ALEXANDRIA, VIRGINIA 22314-2794 • 888-285-NSPE (6773) • [email protected] • WWW.NSPE.ORG • PUBLICATION DATE AS REVISED JULY 2018 • PUBLICATION #1102
COPYRIGHT NATIONAL SOCIETY OF PROFESSIONAL ENGINEERS. ALL RIGHTS RESERVED.
NSPE Ethics Study Guide
Introduction
What is ethics?
Professional Ethics is a set of standards defined by the professional community which provides a guide
for behavior that is expected from the professional.

Why study ethics?


The purpose of study is to familiarize oneself to the professional standards that apply to your profession.
These standards vary from state to state, organizations, country and culture. Registration laws
incorporate ethics with varying detail, so that what is stated in one jurisdiction may not be stated in
another. Knowing the differences will help you grow professionally.

Why practice ethics?


Violating the professional standards of behavior can have financial and legal consequences.
List the consequences of unethical behavior.

NSPE Board of Ethical Review (BER)


The first engineering ethics standards were drafted at the end of the 19th century by a few newly
created technical societies. NSPE created standards of conduct early in its history which developed to a
"Canon of Ethics for Engineers and Professional Conduct" by 1946. The BER was created in 1954
consisting of a panel of professional engineers that serve as the profession's guide through ethical
dilemmas. The Canon of Ethics developed over time to become the current Code of Ethics which was
adopted in 1964. The code has been refined into the current version over the past 50 + years. The
board consists of seven licensed members who are appointed by the NSPE president with the purpose of
rendering impartial opinions pertaining to the interpretation of the NSPE Code of Ethics. The BER also
develops materials, and conduct studies relating to ethics of the engineering profession.

NSPE Ethics Test


Attendees take the ethics test as a pre-test
https://www.nspe.org/resources/ethics/ethics-resources/code-ethics-examination

Steps to Ethical Engineering Decisions


Nine steps to ethical engineering decisions
1. Stop and Think
a. Stop with the hustle and bustle and quietly reflect on the situation.
b. Stop and review relative information about the situation
c. Stop and take a step back to look at the big picture.
d. Think if the situation will result in losing employment, a client or worse.
e. Think if there are similar situations other engineers have encountered.
f. Understand why this situation has presented itself to you.
g. Who benefits and who gets penalized from the situation?

5
2. Clarify goals
a. Clarify if this is an ethical or legal situation or both.
b. What is the most desired outcome:
i. Obtaining a contract
ii. Looking good for self-promotion
iii. Increase income
iv. Prestige
v. Peace and quiet
3. Determine facts known and unknown
a. From reviewing the relative information on the situation are there missing facts that can
be researched?
b. Are there reliable resources that can be consulted
c. Are there legal resources that would shed light on the situation
d. Are there ethical resources that can be researched
4. Develop options
a. Identify the alternate approaches
b. Outline the options
5. Consider foreseeable results of options
a. From the tabulated options are there risks that can be applied to each
b. Are there benefits
c. Consider a simple scoring system to help highlight the best option
d. Are you being honest with yourself
6. Refer to the NSPE Ethics Resources
a. NSPE Code of Ethics
b. NSPE Board of Ethical Review Cases (over 500 situations)
7. Refer to state registration law for guidance
a. Review the specific registration law of your home state.
b. Review the specific registration law of the state where the project is located.
8. Consult with respected staff or outside professionals
a. Discuss the situation with trusted professionals
b. Discuss the situation with the legal council of the state boards
c. Discuss the situation with a close friend or relative
d. Discuss the situation with a Professional Society executive of NSPE or State or Chapter
Society.
9. Decide the course of action and take it
a. After going through the eight steps above, a clear picture of what is expected from a
professional in the situation will become clear. In the most professional way act on the
decision.
b. Professionally and respectfully decline the assignment.
c. Refer the work to another professional who will not be placed in the same situation.
d. Inform the authorities if necessary

NSPE Code of Ethics


The code of ethics is reviewed with attendees

Key Concepts in Engineering Ethics


Work with the code of ethics to highlight the areas
Hierarchy of Ethical Obligations: Primary-Public, Secondary-Employer/Client, Tertiary-Other Stakeholder

6
Ethics Cases
BER Cases on a common topic-Pick your own cases to discuss that can be found in the Ethics Reference
Guide: https://www.nspe.org/sites/default/files/resources/pdfs/Ethics/EthicsReferenceGuide.pdf

As an example present cases from the following BER subject matter:


Academic Ethics: Cases 12-1,79-5,05-12
Advertising Ethics:
Competitive Bidding:
Conflict of Interest:
Etc., Etc., Etc.

NSPE Ethics Test


Attendees take the ethics test as a post-test, compare test scores.
https://www.nspe.org/resources/ethics/ethics-resources/code-ethics-examination

Did your score improve?

7
Board of Ethical Review Cases

Subject Reference Guide to NSPE Code of Ethics


The following is a subject reference guide to the current NSPE Code of Ethics. Key subject words direct the user to the
specific code provision(s) which address the particular subject.

Advertising ...................................................................................................................................... I.5.; II.5.; III.3.a.; III.3.b.


Associating with Others ................................................................................................................................... II.1.d.; III.9.b.
Community Service/Civic Affairs ............................................................................................................................... III.2.a.
Competence ........................................................................................................................ I.2.; II.2.a., II.2.b., II.2.c., III.2.e.
Confidential Information ........................................................................................................... II.1.c.; III.4.; III.4.a.; III.4.b.
Conflict of Interest ............................................................. II.4.; II.4.a.; II.4.b.; II.4.c.; II.4.d.; II.4.e.; III.5.; III.5.a.; III.5.b.
Contingent Fees ............................................................................................................................................................ III.6.a.
Copyrights and Patents ................................................................................................................................................. III.9.c.
Credit for Engineering Work ............................................................................................................................. III.9.; III.9.a.
Duty to Disclose ........................................................................................................................................................... III.1.b.
Duty to the Public ......................................................................................................................... I.1.; II.1.a.; III.2.a.; III.2.b.
Employer ............................................................................................................................................................................ I.4.
Employer's Facilities .................................................................................................................................................... III.6.c.
Engineering Document.................................................................................................................................................. II.1.b.
Errors ............................................................................................................................................................................ III.1.a.
Faithful Agents and Trustees .................................................................................................................................... I.4.; II.4.
Firm Name ..................................................................................................................................................................... II.1.d.
Liability............................................................................................................................................................................ III.8.
Licensure Laws............................................................................................................................................................. III.8.a.
Misrepresentation/Omission of Facts ................................................................................................................ II.3.a.; II.5.a.
Opinions......................................................................................................................................................................... II.3.b.
Outside Employment/Moonlighting ............................................................................................................... III.1.c.; III.6.c.
Ownership of Designs, Data, Records and Notes........................................................................................... III.9.b.; III.9.d.
Plans/Specifications...................................................................................................................................................... III.2.b.
Political Contributions, Gifts, Commissions ................................................................................................................ II.5.b.
Professional Reports, Statements, Testimony ............................................................................................................... II.3.a.
Professional Responsibility ................................................................................................................................ III.8.; III.8.b.
Proprietary Interests ............................................................................................................................................ III.9; III.9.b.
Public Awareness of Engineering ................................................................................................................................ III.2.c.
Public Statements and Criticism ..................................................................................................................... I.3.; II.3.; III.7.
Qualifications for Work ......................................................................................................................................... I.2.; II.2.a.
Recruiting Engineer from Another Employer ................................................................................................ III.1.d.; III.3.b.
Remuneration ............................................................................................................................................................... III.6.b.
Reviewing the Work of Other Engineers........................................................................................... III.7.a.; III.7.b.; III.7.c.
Self-Promotion ................................................................................................................................................ III.1.e.; III.3.a.
Signing Plans/Documents ............................................................................................................................................. II.2.b.
Statements on Technical Matters for Interested Parties ................................................................................................ II.3.c.
Submission of Articles ................................................................................................................................................. III.3.c.
Sustainable Development ............................................................................................................................................. III.2.d.
Unethical Practice by Others ................................................................................................................................II.1.e.; III.7.
Unfair Competition.......................................................................................................................................................... III.6.

8
Board of Ethical Review Cases

Consolidated Table of Contents to the


Opinions of the Board of Ethical Review
Case No. Subject
12-1 Academic Integrity—Obligation of Engineering Faculty Who Becomes Aware of Cheating
79-5 Academic Qualifications
05-12 Academics—Student Use of Previous Examinations
73-2 Advertisement, Classified—Contract Work
65-7 Advertisement, Use of Engineers' Creed in Political Advertisement
65-13 Advertisement, Use of Engineer's Name in, to Validate Findings
64-8 Advertising of Engineering Services
81-5 Advertising
62-2 Advertising of Engineering Services—Brochure
61-3 Advertising of Engineering Services—Display
59-1 Advertising of Engineering Services—Text
84-2 Advertising Services of Engineering Staff
75-2 Advertising—Announcement Cards
62-8 Advertising—Billboard
72-1 Advertising—Bold Face in Telephone Directory
61-7 Advertising—Brochure at Convention
78-8 Advertising—Calendars—Pencils
72-3 Advertising—Direct Mail Solicitation—Supplanting Another Engineer
73-5 Advertising—Directory
72-8 Advertising—Distribution of Laudatory Article
66-9 Advertising—Engineers Week Section of Newspaper
63-7 Advertising—Full Page in Newspaper
66-4 Advertising—Good Will
75-16 Advertising—Group Advertisement by Engineering Firms
10-6 Advertising—Inclusion of Material on Web Site from Former Employment
10-9 Advertising—Internet-Based Marketing Service
62-15 Advertising—Listing of Name
92-2 Advertising—Misstating Credentials
75-9 Advertising—Newsletter
17-5 Advertising—Non-inclusion of State Licenses in E-Mail Signature—Providing Engineering Advice on
Social Media
16-6 Advertising—Omitting Geographic Address
12-10 Advertising—Promotion in Lieu of a Fee
60-1 Advertising—Press Release
68-9, 73-1, 77-2 Advertising—Professional Cards
96-11 Advertising—Promotional Reference to Work and Clients of Previous Employers
71-8 Advertising—Recruiting
63-3 Advertising—Repeated Use of Card
04-4 Advertising—Representations Made on Web Site
05-7 Advertising—Role of Public Officials
12-8 Advertising—Seal at No Extra Charge
79-6 Advertising—Statement of Project Success
75-4 Advertising—Testing and Engineering Laboratory
03-11 Advertising—Truthful and Non-Deceptive Statements
71-11 Advertising—Use of Brochure Tied to Professional Directory Card
04-11 Advertising—Use of Business Cards—P.E. Designation
12-4 Advertising—Use of Client Information by Third Party
15-3 Advertising—Use of Technical Information by Contractor
93-7 Agreement Not to Disclose Data, Findings, Conclusions

9
Board of Ethical Review Cases

Consolidated Table of Contents to the


Opinions of the Board of Ethical Review
Case No. Subject
77-3 Appropriate Compensation for Engineering Services
93-3 Appropriate Notification and Review of Another Engineer's Work
69-9 Approval of Engineering Plans Related to Architectural Plans Prepared by Nonregistered Persons
65-14 Assistance in Preparation of Applications under Advance Planning Act
01-8 Associating with a Firm Not Authorized to Practice
61-4 Association with Nonregistered Engineers
92-8 Attempt to Influence Prospective City/Client
75-15 Attempt to Restrain Employment of Engineer-Employees
95-7 Authorship of Article—Misleading Reference
71-5 Boycott of Public Agency Engineering Employment
80-2 Brochure of Subsidiary Firm
76-10 Brochure—Distribution through Reader Service Card
63-8, 74-8, 77-6 Brochure—Format and Content
75-6 Brochure—Text and Built-in Reply Card
71-2 Brokerage of Engineering Services
92-3 Brokerage of Engineering Services—Building Inspection Services
67-7 Certification of Plans Prior to Payment of Engineer
91-8 Certification of Work Performed by Technician
18-8 Certificate of Merit and Reviewing Work of Another Engineer
86-5 City Engineer Seeking to Retain Employees of Engineering Firm Independent of Their Firm
73-2 Classified Advertisement—Contract Work
96-10 Comments by One Engineer Concerning Another
78-7 Commission Basis of Payment under Marketing Agreement
98-8 Competence to Certify Arms Storage Rooms
94-8 Competence to Perform Foundation Design
61-5 Competition for Engineering Employment
60-2 Competitive Bidding—Professional Services
65-5 Competitive Bidding—Professional Services Integrated with Construction
60-8 Competitive Bidding—Reduction of Fees
60-7 Competitive Bidding—Reduction of Standards
71-7 Competitive Bidding—Rental of Aircraft
62-6 Competitive Bidding—Research and Development
75-1 Competitive Bidding—Salary Request in Recruiting Advertisement
74-9 Competitive Bidding—Selection Procedures
63-2 Competitive Bidding—Speculative Designs
72-7 Competitive Bidding—Study Contracts
69-7 Competitive Bidding—Submission of Project Cost
10-7 Compliance with ADA Guidelines
07-11 Confidential Information—Client’s Failure to Obtain Building Permits
06-5 Confidential Information—Foundation Design Services
15-8 Confidentiality of Competitor Information Submitted to Government Agency
82-2 Confidentiality of Engineering Report
16-12 Confidentiality—Access to Competitor’s Proposal
13-9 Confidentiality—Becoming Aware of Technical Information Important to the Public Health and Safety
15-7 Confidentiality—Discussion with Potential Bidding Contractor
12-3 Confidentiality—Duty to Advise Client of Subpoena
01-6 Confidentiality—Records Relating to Services to Former Client
59-3, 60-5 Conflict of Interest
06-7 Conflict of Interest—Accepting Real Estate as Payment for Services

10
Board of Ethical Review Cases

Consolidated Table of Contents to the


Opinions of the Board of Ethical Review
Case No. Subject
94-9 Conflict of Interest—Accident Reconstruction Services
02-3 Conflict of Interest—Allegations of Bias
03-7 Conflict of Interest—Appraisal of Manufacturing Facility
14-1 Conflict of Interest—Assistant Director of Public Works—Part-Time Consulting
78-3 Conflict of Interest—Binary Service to Same Client
18-4 Conflict of Interest—Bridge Construction Inspection and Shop Drawing Preparation
18-2 Conflict of Interest—Chairman of Editorial Board of Technical Society Publication
89-6 Conflict of Interest—Chairman of Owners' Association
89-4 Conflict of Interest—Claim Review of Contractor
89-5 Conflict of Interest—Claim Services to City
92-5 Conflict of Interest—Community Service
67-12 Conflict of Interest—Consultant Service as County Engineer
01-11 Conflict of Interest—Consultant Serving as City Engineer
82-4 Conflict of Interest—Consultant to a Government Body—Member of a Local Authority
76-3 Conflict of Interest—Consultant to County Testimony Adverse to County Client
62-7 Conflict of Interest—Consultant to Governmental Body
12-5 Conflict of Interest—Consultant to Redevelopment Authority
05-10 Conflict of Interest—Design Build
16-11 Conflict of Interest—Design of Playground As Favor To Public Official
94-11 Conflict of Interest—Disclosure & Participation as Government Official on Work Related to Former Firm
13-8 Conflict of Interest—Disclosure Obligation to Parties
95-4 Conflict of Interest—Disclosure to a Client A Relationship with Another Client
83-1 Conflict of Interest—Duty of Loyalty of Terminated Employed Engr. to Employer—Misleading Brochure
04-9 Conflict of Interest—Engineer Inspecting Own Work
76-2 Conflict of Interest—Engineer Ownership of Construction Firm
87-3 Conflict of Interest—Engineer Retained by County to Inspect Project Developed by Client
94-1 Conflict of Interest—Engineer Retained by State
85-2 Conflict of Interest—Engineer Serving on Private Hospital Board and Performing Services
18-1 Conflict of Interest—Engineer Spouse as Sales Representative
10-10 Conflict of Interest—Engineer’s Out-of-State Office Providing Review of Steel Fabricator’s Work
14-7 Conflict of Interest—Engineer’s Side Business Outside of Regular Employment
94-3 Conflict of Interest—Engineering Consultant Serving as Equipment Manufacturing Sales Representative
95-6 Conflict of Interest—Engineering Services by Trustee of College
04-10 Conflict of Interest—Establishing an Environmental Services Company that Provides Services to Employer
02-9 Conflict of Interest—Expert Testimony Involving Landlord
82-6 Conflict of Interest—Expert Witness for Contractor
06-11 Conflict of Interest—Expert Witness Testimony
99-2 Conflict of Interest—Failure to Disclose Other Business Interest
09-7 Conflict of Interest—Father’s Ownership of Property Adjacent to Client
88-1 Conflict of Interest—Feasibility Study
15-1 Conflict of Interest—Former Government Official−Independent Contractor for Firm
72-2 Conflict of Interest—Free Engineering (Computers)
90-7 Conflict of Interest—Furnishing Limited Advice
91-6 Conflict of Interest—Hazardous Waste Services
02-6 Conflict of Interest—Inspection of Work in Joint Venture
02-4 Conflict of Interest—Loan from Contractor
62-21 Conflict of Interest—Member of City Council
70-6 Conflict of Interest—Member of Legislature
75-7 Conflict of Interest—Membership on Public Agency
14-2 Conflict of Interest—Mining Engineer’s Review of Claims for Federal Government

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Consolidated Table of Contents to the


Opinions of the Board of Ethical Review
Case No. Subject
74-2 Conflict of Interest—Municipal Engineer
71-6 Conflict of Interest—Nominal Ownership
97-3 Conflict of Interest—Obligations of Engineer on a Defaulted Project
16-4 Conflict of Interest—Overlapping Service Arrangements
69-8, 79-9 Conflict of Interest—Ownership of Product Firm
74-4 Conflict of Interest—Part-Time Consultant
63-5 Conflict of Interest—Part-Time Service as City Engineer
17-8 Conflict of Interest—Participating in Multiple DOT Proposals for Different Contractors
06-1 Conflict of Interest—Participation in Seminar and Reward Program for Specifying Systems
79-1 Conflict of Interest—Payment from Related Party
18-10 Conflict of Interest—Peer Reviewer Participating on Subsequent Joint Venture
17-11 Conflict of Interest –Performing Fire Investigation and Forensic Engineering Services as an Employee of a
Company Owned by an Insurance Company
17-9 Conflict of Interest—Performing Forensic Engineering Services Against Wholly Owned Subsidiary After
Providing Engineering Service to Another Subsidiary of Holding Company
04-2 Conflict of Interest—Prior Employment with Vendor
17-4 Conflict of Interest—Prior Forensic Engineering Services to Defense Counsel
01-7 Conflict of Interest—Privatization of Plan Reviews
04-12 Conflict of Interest—Professional Opinions of Engineering Expert Witness
10-12 Conflict of Interest—Promotion and Tenure Process for Engineering Faculty
94-5 Conflict of Interest—Providing Both City Engineer and Inspection Services
93-6 Conflict of Interest—Providing Views on Feasibility of Project
79-4 Conflict of Interest—Public Advisory Board
02-8 Conflict of Interest—Public Employee Serving as Part-Time Consultant
67-1 Conflict of Interest—Public Employment
11-9 Conflict of Interest—Public Health and Safety—Design and Construction of House in Flood Area
14-9 Conflict of Interest—Purchase of Land Intended for Development by Client
65-15 Conflict of Interest—R&D Services for University and Private Company
80-5 Conflict of Interest—Recommendation of Former Firm
14-11 Conflict of Interest—Recusal Relating to Jointly Funded Site Development Study
94-10 Conflict of Interest—Registration Not Licensed in State
72-9 Conflict of Interest—Related Work for Two Parties
04-3 Conflict of Interest—Retiring Director of Public Works, Member of City Council
96-7 Conflict of Interest—Returning Retainer Prior to Accepting Another Assignment
15-10 Conflict of Interest—Review and Approval of Work by Subordinate
97-4 Conflict of Interest—Reviewing Own Work—Failure to Disclose Property Ownership/Relationship w/ Developer
13-1 Conflict of Interest—Role on Public Utility Board
17-1 Conflict of Interest—Selected as Conference Speaker by Former Employer
78-9 Conflict of Interest—Services on Same Project
95-9 Conflict of Interest—Services to a Village
11-5 Conflict of Interest—Serving as a Manufacturing Representative
02-12 Conflict of Interest—Serving Two Clients
99-1 Conflict of Interest—Soliciting Former Clients Through an Employee
98-11 Conflict of Interest—Specifying Equipment of Company Owned by Engineer
75-10 Conflict of Interest—Specifying Equipment of Employer
99-9 Conflict of Interest—Specifying Equipment–With Ownership Interest
06-10 Conflict of Interest—Spouse as Employee of Vendor
07-1 Conflict of Interest—State Engineer – Village Road
69-13 Conflict of Interest—Stock and Land Ownership
01-2 Conflict of Interest—Third Party Developer

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Consolidated Table of Contents to the


Opinions of the Board of Ethical Review
Case No. Subject
76-9 Conflict of Interest—Turnkey Procedure
80-6 Conflict of Interest—Use of Former Public Employee
72-2 Conflict of Interest—Use of “Free Engineering” from Manufacturer
01-5 Conflict of Interest—Utility Audits for City
66-5 Conflict of Interest—Wife's Investment in Project
63-6 Conflicting Engineering Opinions
00-4 Confronting Former Employee for Improper Conduct
93-5 Contingency Fees—Director Services Re: Litigation
00-10 Contingency Fees—Engineer/Attorney Hiring Engineering Expert
81-1 Contingent Contract
77-4 Contingent Contract—Engineer Retained on Speculative Basis
91-2 Contingent Contract—Errors and Omissions
76-11 Contingent Contract—Fee Dependent on Lower Construction Cost
77-12 Contingent Contract—Industrial Design
66-12 Contingent Contract—Public Work
68-5 Contingent Contract—Repurchase of Report
69-2, 77-10 Contingent Contract—Value Engineering
65-4, 75-8 Contingent Fee Contract
73-4 Contingent Fee—Fee Based on Savings to Client
66-11 Contingent Fee in Lawsuit
83-2 Contingent Fees
67-8 Contingent or Free Engineering for Indigent Client
77-6 Continued Practice under No-Competition Agreement
18-12 Contracts—Fiduciary Duty
66-8 Contractual Relationship between Engineers
78-4 Contribution to Public Works Promotion Committee
93-1 Copycat
97-12 Copyright—Duty to Report Violation of Copyright Licensing Agreement
99-13 Copyright—Duty to Report Violation of Copyright Licensing Agreement (Review & Reconsideration of Case No. 97-12)
08-11 Copyright—Using Unlicensed Proprietary Software to Create a New Software Product
71-1 Credit for Engineering Work—Cover Sheet and Advertisement for Bids
92-1 Credit for Engineering Work—Design Competition
17-12 Credit for Engineering Work—Establishing Own Firm—Material on Website
07-4 Credit for Engineering Work—Implying Responsibility
08-9 Credit for Engineering Work—Preparation of Grant Application
92-7 Credit for Engineering Work—Research Data
13-6 Credit for Engineering Work—Research Team Technical Conference Participation
84-1 Criticism of Another Engineer
67-10 Criticism of Engineering in Products
69-10 Criticism of Other Engineer Through Accrediting Report
89-2 Declining Employment After Acceptance
81-3 Demand for Promotion Based on Transfer of Contract
80-3 Designation of Engineering Firm by Public Agency
66-12 Designing to a Fixed Budget
95-1 Design/Build—Possible Compromise of Professional Judgment
11-6 Design/Build Dilemma: “Rubber Stamping” Request
62-14 Disbarment from Another Profession
94-7 Disclosure of Client Information to Insurance Company
05-2 Disclosure of Information to Peer/Employee of Competitor
08-5 Disclosure of Observations During Earlier Employment

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Consolidated Table of Contents to the


Opinions of the Board of Ethical Review
Case No. Subject
65-2 Disclosure of Previous Work
87-2 Disclosure of Previous Work by Consultant
61-8 Disclosure of Technical Process of Former Employer
03-2 Disclosure of Work for Former Employer—Request for Information After Change of Employment
99-7 Disclosure—Advising Client to Exercise Judgment When Disclosing Information to Engineer
04-1 Disclosure—Engineer’s Obligation to Disclose Work Performed Offshore
09-11 Discovering Embedded Comments in Electronic Documents Damaging to Adversary
70-5 Dispute Between Engineers in Public Service
15-5 Drawings, Plans, and Specifications for Industrial Processing Facility
77-2 Dual Use of Business Card
17-6 Duty of Engineer Not to Interfere with Building Approval Process in Fee Dispute
88-4 Duty of Engineer to Provide Owner With Drawings
00-11 Duty of Engineer Regarding Inspection of Client’s Work Involved in Inspection and Reanalysis
97-11 Duty to Disclose Disciplinary Complaint to Client
15-9 Duty to Provide Recommendation Based on Objective and Factual Information
09-9 Duty to Report Impaired Colleague
09-2 Duty to Report Improper Conduct by Management
09-1 Duty to Report Observations to Higher Management
89-7 Duty to Report Safety Violations
97-13 Duty to Report Unrelated Information Observed During Rendering of Services
98-9 Duty to Report Unsafe Conditions/Client Request for Secrecy
02-11 Duty to Report Violation—Anonymous Complaint
83-4 Employee Termination of Employment—Job Shop
99-6 Employee’s Failure to Inform Employer of New Employment with Employer’s Vendor
64-2 Employer Restrictions on Outside Practice
07-7 Employment Agreement—Arrangements Between Firms
07-5 Employment Agreement—Obligation of Subconsultant
68-8 Employment in Subprofessional Capacity
78-2 Employment of Former Convicted Engineer
62-4 Employment of Sales Representative
99-5 Employment Practices—Soliciting Competitor’s Employees
95-8 Employment Practices—Use of Misleading Ad in Connection with an Affirmative Action Procedure
11-8 Employment—Awareness of Possible Financial Improprieties
10-3 Employment—Cash Door Prize
06-9 Employment—Employee/Employer Files
01-10 Employment—Expense Paid Trip by Prospective Employer
03-6 Employment—Duty to Disclose Revocation of Contractor License
10-2 Employment—Duty to Inform Employer of Outside Practice
99-3 Employment—Failure to Disclose Details of Outside Business
14-3 Employment—Failure to Provide Notice as Reason to Deny Employment Verification
01-12 Employment—Information Gained from ABET Visitation
08-6 Employment—Obligations of Engineer Concerning Employment Information
00-9 Employment—Offer of Employment by Vendor
01-1 Employment—Questioning Ability of Former Employer to Meet Client’s Expectations
16-9 Employment—Reassignment to Another Location
12-2 Employment—Recommending Termination of Employment
87-1 Employment—Refusal to Accept Reassignment
13-10 Employment—Refusing to Return Copies of Work to Former Firm
17-2 Employment—Transitioning from One Employer to a Competing Employer
03-9 Employment—Unionization of Field Technicians and Testing Personnel

14
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Consolidated Table of Contents to the


Opinions of the Board of Ethical Review
Case No. Subject
91-1 Employment—Withdrawal of Offer
65-1 Endorsement of Competitive Products or Service
73-9 Endorsement of Project by Local Chapter
62-16 Engagement in Engineering and Nonengineering Activities
62-1 Engineer Checking the Work of Another Engineer
91-3 Engineer Employee's Refusal to Provide Report
62-5 Engineer Membership in Labor Union
86-6 Engineer Misstating Professional Achievements on Resume
74-6 Engineering and Nonengineering Services by Same Firm
13-3 Engineering Judgment Overruled—Faulty Workmanship
95-2 Engineering Research—Client Changes to Report
64-11 Engineering Services included as part of Material Promotion and Sales
91-5 Engineering Student Serving as Consultant to University
95-10 Engineering Titles—Use of Engineering Title by Non-Engineers
09-3 Engineer’s Approval of Testing Design
65-7 Engineers’ Creed—Use in Political Advertisement
66-1 Engineers’ Criticism of Fees
85-6 Engineer’s Disclosure of Potential Conflict of Interest
84-4 Engineer’s Dispute with Client Over Design
93-4 Engineer’s Duty as Interpreter of Contract Documents
85-5 Engineer’s Duty to Report Data Relating to Research
09-4 Engineer’s Duty to Report Government Contract Violations
67-9 Engineers’ Endorsement of Contractors
15-12 Engineer’s Obligation to Consider Feasible Options
84-5 Engineer’s Recommendation for Full Time, On-Site Project Representative
13-5 Engineer’s Recommendation of Contractor—Outstanding Accounts Receivable
86-3 Engineer’s Proposal to Act as Arbitrator in Owner/Engineer Disputes
79-2 Environmental Concerns
76-4 Environmental Standards—Public Welfare—Knowledge of Information Damaging to Client's Interest
75-3 Ethical Association with Other Engineers
73-3 Ethical Conduct by Engineer—Members of Public Body
06-8 Ethical Obligations as a Member of the U.S. Military
62-10 Exclusive Right to Serve Client
74-5 Exhibit at Association Meetings
61-7 Exhibit at School Convention
79-3 Exhibit at Trade Show
90-3 Expert Testimony in State Where not Registered
71-4 Expert Testimony Report and Redesign by Another Engineer
13-12 Expert Witness—Accepting a Position with an Engr. Firm that Represented an Adverse Party in Litigation
90-2 Expert Witness—Accusation of Professional Conduct
10-4 Expert Witness—Agreement Limiting Engineer from Working for Competitors
00-7 Expert Witness—Agreement to Refuse to Testify
13-2 Expert Witness—Conflict with Attorney
02-1 Expert Witness—Criminal Prosecution
07-12 Expert Witness—Disclosure of Interests Represented
16-7 Expert Witness—Discovery of New Data Following Submission of Report
13-4 Expert Witness—Engineer’s Confidentiality and Non–Disclosure Agreement
00-6 Expert Witness—Formerly for Utility Now Testifying for Consumer
10-11 Expert Witness—Interested Party
03-1 Expert Witness—Material Inadvertently Sent by Opposing Counsel

15
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Consolidated Table of Contents to the


Opinions of the Board of Ethical Review
Case No. Subject
13-7 Expert Witness—Participation in an Expert Witness Consulting Network
74-11 Expert Witness—Patent Ownership
12-12 Expert Witness—Privy to Earlier Statement by Opposing Counsel
11-2 Expert Witness—Reimbursement of Payment Advance
98-7 Expert Witness—Services
17-10 Expert Witness—Serving Both Parties and Splitting Fees
03-12 Expert Witness—Special Consultation Jointly Paid by Parties
11-10 Expert Witness—Working for a Law Firm Client Involved in Litigation With a Former Law Firm Client
06-2 Expert Witness Testimony—Confidential Information
06-3 Expert Witness Testimony—Employee of Contractor Association
06-6 Expert Witness Testimony—Refusal to Serve as an Expert Witness
03-8 Expert Witness Testimony—Regarding Former Employer
98-4 Expert Witness Testimony—Serving Plaintiffs and Defendants
90-1 Expropriation of Money by State Society Treasurer
05-4 Failure to Disclose Full Impact of Development
95-5 Failure to Include Information in Engineering Report
90-5 Failure to Report Information Affecting Public Safety
05-3 Failure to Respond to Client
77-9 Favoritism in Award of Engineering Contract
66-2 Fee Credit for Preliminary Design
11-11 Fee Dispute—Forensic Study Dependent Upon Work of Engineer in Dispute with Client
68-2 Fee For Second Use of Plans
62-13, 80-1 Fees
65-6 Fees for Repetitive Work
14-10 Former Employee’s Credit for Engr. Work—Use of Former Employer’s Firm Name & “Statement of Firm Principles”
97-2 Former Employer Establishing a New Firm—Soliciting Former Clients After a Period of Time Has Elapsed
59-3, 64-11 Free Engineering
72-2 Free Engineering (Conflict of Interest—Free Engineering)
67-2 Free Engineering on Municipal Project
67-6 Free Engineering—Overseas
76-8 Free Engineering—Preliminary Sketch and Cost Estimate of Facility
67-3 Furnishing Copies of Plans for Municipal Client
87-5 Gift—Complimentary Seminar Registration
04-7 Gift—Charity Fundraiser Raffling Off Vendor Invitation to Seminar at Resort Location
87-4 Gift—Sharing of Hotel Suite
79-8 Gift to Public Official
60-9 Gifts
12-9 Gifts and Marketing—Engineering Ethics Course
81-4 Gifts to Engineers
76-6 Gifts to Foreign Officials
96-5 Gifts to Foreign Officials
98-2 Gifts to Foreign Officials—Application of Code of Ethics to Non-U.S. Engineers
12-6 Gifts—Passes to Industry Trade Show
05-6 Gifts—State Department of Transportation Employees
81-6 Grievance Procedure
75-16 Group Advertisement by Engineering Firms
63-1 Hiring Employee of Another Firm
68-10 Hiring Employees of Another Firm
79-9 Identification of Firm Ownership—Specification of Products of Owner
65-11 Identification of Society Affiliation in Commercial-Promotion

16
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Consolidated Table of Contents to the


Opinions of the Board of Ethical Review
Case No. Subject
63-10 Improper Association
86-1 Improper Solicitation of Work—Business Consortium
99-8 Incomplete Plans and Specifications—Engineer, Government, and Contractor Responsibilities
91-7 Indemnification—Product Specification
93-8 Indemnification—Use of for Pollution Services
85-1 Joint Authorship of Paper
74-7 Letterheads—Promotional Statements
99-12 Licensure Reference
15-6 Licensure—Engineer Intern as Project Lead
93-9 Litigation—Providing Support Services to Attorney
67-5 Liquidated Damage Clause
79-5 Mail-Order Academic Degrees
09-6 Making Changes to the Work of Another Engineer
69-12 Mandatory Patent Assignment
91-4 Marketing Survey by Engineering Firm
00-1 Misrepresentation/Misappropriation of Another Engineer’s Work
96-1 Misrepresentation of a Business Relationship
91-9 Misrepresentation of Education
90-4 Misrepresentation of Firm's Staff
15-2 Misrepresentation—Changes Made to Engineer’s Report
14-6 Misrepresentation—Charging of Engineer’s Time to a Budget Unrelated to Engineer’s Work
18-3 Misrepresentation—Obligation to Report/Impact on Client
97-8 Misrepresentation—Retired P.E. Using P.E. Designation
06-4 Misrepresentation—Unlicensed in State in Which Services are Performed
00-8 Modification of Code Report Relating to Nuclear Facility Chiller Design
86-4 Modification of Signed and Sealed Plans by Other than Responsible Engineer
14-5 Modifications of Engineer’s Scope of Work Memorandum for Engineering Study for Client
63-9 Monthly Publications by Firms
66-3 Name of Engineer on Building
62-17 Name of Firm
74-1 Name of Firm on Baseball Uniforms
84-3 Name of Firm—Use by Successor Principals
78-1 Name of Nonengineer in Professional Corporation
62-11 Names of Engineers on Letterheads
78-6 Naming of Staff Engineer in Firm as Inducement for Contract
69-11 Negotiation of Per Diem Fee
76-1 Non-Use of Assigned Work by Engineer Employee
16-8 Objectivity and Truthfulness—Previously Encountered Site Conditions
18-11 Objectivity and Truthfulness—Use of Drone
85-4 Objectivity of Engineer Retained as Expert
10-1 Obligation to Communicate in an Appropriate Manner
14-8 Obligation to Former Employer and Former Client Following Acceptance of Position with State
77-7 Obligation to Write Letter of Recommendation for Other Engineers
70-2 Operation of Related Business for Nonprofessional Services
65-12 Participation in Production of Unsafe Equipment
82-7 Participation in Professional and Technical Societies—Ethical Duty of Employer and Employee
84-6 Participation in Protest Action as Part of a Political Campaign
74-3 Participation in Strike by Publicly Employed Engineers
80-4 Participation of Engineer with Competing Firms for Same Contract
62-19 Part-Time Services

17
Board of Ethical Review Cases

Consolidated Table of Contents to the


Opinions of the Board of Ethical Review
Case No. Subject
01-4 Patents—Dispute Over Right to Specify
74-11 Patents—Expert Witness—Patent Ownership
68-1 Patents—Nondisclosure to Employer
69-12 Patents—Mandatory Patent Assignment
18-6 Patents—Potential Infringement in Foreign Country
89-3 Paying Manufacturer to Prepare Drawings
81-2 Payment for Employment
64-4 Payment of Fee for Work Performed by Others
83-5 Payment of Fee to Landscape Architect Above True Value of Work in Order to Receive Leads
97-10 Payment of Referral Fee for Being Selected by Engineer
76-13 Peer Evaluation of Faculty Members under Collective Bargaining Agreement
96-8 Peer Review—Confidentiality Agreements
70-4 Performance of Nonprofessional Services during Strike
68-7, 75-5 Personal Misconduct
63-4 P.E. Rating of Engineering—Construction Firms
05-8 P.E. Reference to Expired License
85-3 P.E. Requirement for County Surveyor Position
94-12 P.E. Requirement for State Agency Position
68-4 Pirating of Employees
75-11 Plagiarism
74-10 Political Announcement on Firm Stationery
75-14 Political Candidacy—Criticism of Other Engineers
62-12, 73-6, 88-2 Political Contributions
75-13 Political Contributions to Political Action Committee
06-12 Political Contributions—Fundraising Barbeque
76-12 Political Contributions—Solicitation by Retained Consultant
66-6 Political Influence in Award of Contract
69-1 Political Influence to Secure Contract
66-12 Posting of Performance Bond by Engineer
78-5 Post-Interview Change in Joint Venture Team
60-6 Practice in Other than Major Field
59-3 Preferential Treatment of Building Materials
58-1 Procurement of Engr. Contract as Consultant While Employed by Public Agency on Related Subject Matter
64-12, 77-2 Professional Affiliations in Cards and on Letterheads
02-5 Professional Competence in Current Structural Design
09-8 Professional Competence—Design of Processing Facility Plumbing System
09-12 Professional Competence—Environmental Issues
16-3 Professional Selection—Receipt of Submission Beyond the Published Deadline
94-2 Professional Service Contract Negotiations
65-10 Promotion of Engineering Services—Hospitality Suites
65-17, 72-3 Promotion of Services through Direct Mail Solicitation
70-1 Promotional Distribution of Planning Report
03-10 Promotional Effort—Publication of a Book
95-3 Promotional Efforts—Providing Referral Fees to a Contractor
82-1 Promotional Letters
76-7 Promotional Letter—Emphasis on Non-Insurance of Other Firms
75-12 Promotional Seminar
04-5 Protection of the Public Health and Safety—Obligations of Engineer Relating to Environmental Concerns
80-1 Protest of Low Fee Proposal
09-5 Providing Appropriate Credit to Authors in Publication

18
Board of Ethical Review Cases

Consolidated Table of Contents to the


Opinions of the Board of Ethical Review
Case No. Subject
99-4 Providing Design to Client’s Competitor
12-7 Providing Engineering Advice Via Web Portal
89-1 Providing Prime Professional and Design Services
72-6 Providing Services to Ultimate Client
79-3 Public Communications—Exhibit at Trade Show—Tour of Construction Site
88-7 Public Criticism of Bridge Safety
04-6 Public Criticism—Comments Made at Engineering College
79-2 Public Criticism—Environmental Concerns
65-9 Public Criticism of Proposed Public Highway Route
67-11 Public Disclosure of Names in BER Case
18-5 Public Health and Safety—Boiler Valves and Switches
18-9 Public Health and Safety—Building Codes to Address Environmental Risk
98-5 Public Health and Safety—Code Enforcement
13-11 Public Health and Safety—Delay in Addressing Fire Code Violations
15-4 Public Health and Safety—Development of Computer Code
15-11 Public Health and Safety—Engineer’s Duty to Adhere to Codes, Standards and Guidelines
14-4 Public Health and Safety—Failure of Company Employees to Follow Design & Construction Specs.
07-10 Public Health and Safety—Knowledge of Potentially Dangerous Condition
10-5 Public Health and Safety—Observing Off-Site Safety Issues
12-11 Public Health and Safety—Scaffolding for Highway Ramp
07-8 Public Health and Safety—Sealing of Bridge Investigation
07-3 Public Health and Safety—Warranty Inspections
08-12 Public Health, Safety, and Welfare—Compliance with Fire Code
17-3 Public Health, Safety and Welfare—Discovery of Structural Defect Affecting Subdivision
16-5 Public Health, Safety, and Welfare—Driverless/Autonomous Vehicle
17-7 Public Health, Safety and Welfare—Engineering Standards
16-10 Public Health, Safety and Welfare—Former Employee’s Participation in a Public Safety Standards Hearing
16-1 Public Health, Safety and Welfare—Water Testing Equipment
07-9 Public Office—Ownership of Engineering Firm
07-2 Public Statements—Engineering Society President
00-5 Public Welfare—Bridge Structure
04-8 Public Welfare—Client Action Following Engineer’s Services
08-10 Public Welfare—Design of Medical Equipment
92-4 Public Welfare—Duty of Government Engineer
92-6 Public Welfare—Hazardous Waste
76-4 Public Welfare—Knowledge of Information Damaging to Client's Interest
08-1 Public Welfare—Software Security
03-3 Public Welfare—Structural Deficiency
67-4 Publication of Combined Directory of Firms and Fee Guide
61-10 Quality of Product
08-2 Quality of Products—Defective Chips
95-11 Receipt of Rebate Check from a Vendor
61-6 Recognition of Coauthors
63-11 Recommendation of Personnel
77-7 Recommendation—Obligation To Write Letter of
08-4 Recommendation Regarding Mitigation of Electromagnetic Field (EMF) Exposure
08-3 Recommendations Regarding Data Misrepresentations
00-2 Reconciling Design Drawings and Record Drawings
60-4 Recruiting Engineers
75-1 Recruiting Engineers—Salary Request in Recruiting Advertisement

19
Board of Ethical Review Cases

Consolidated Table of Contents to the


Opinions of the Board of Ethical Review
Case No. Subject
82-3 Recruitment—Finder's Fee
69-5 Recruitment—Incentives to Staff
69-3 Recruitment—Use of Third Party
01-9 Reference—Quid Pro Quo
96-9 Reference to “Member” of Professional Society
96-3 Refusing to Sign/Seal Construction Documents
11-3 Registration—Canadian Firm’s Noncompliance with Engineering Licensure Law
14-12 Registration—Expressing Professional Opinion Without Being Licensed
93-2 Registration—Implying Registration in Another State
11-7 Registration—Obtaining Professional References
64-1 Registration Seal—Use in Advertisement
78-10 Related Services for Private Party Following Public Employment
66-10 Representation by Sales Organization
97-1 Responsible Charge—Working Part-Time for Firm
61-9, 65-12, 76-4 Responsibility for Public Safety
72-5, 88-3 Restrictive Employment Agreement
97-9 Restrictive Employment Agreement—Crossing Out References
00-12 Review by Engineer of Work of Design Engineer for Client
68-11 Review of Architect's Plans
62-20 Review of Engineering Drawings
76-1 Review of Engineering Work by Non-registered Engineer; Non-Use of Assigned Work by Engr. Employee
79-7 Review of Original Engineer's Design
99-10 Reviewing and Redesigning the Work of Another Engineer
11-12 Reviewing Work of Another Engineer and Thereafter Performing Engineering Services for Client
83-6 Reviewing Work of Another Where Former Engineer is in Litigation With Client
02-7 Revision to Subconsultant’s Work
68-12 Sale of Plans to Conflicting Party in Interest
65-16 Seal of Engineer on Plans
75-8 Selection of Engineers—Finders’ Fee—Contingent Contract
64-3 Selection of Firm
10-8 Selection of Firm—FOIA Request
03-4 Selection of Firm—Grant Money
08-8 Selection of Firm—Promise of Future Engineering Work on Public Project
03-5 Selection of Firm—Promotion of Software Firm’s Product
77-8 Selection of Former Member of Selection Team for Promotion
68-3 Services Pertaining to Same Work
64-10 Services to Joint Client
00-3 Services—Same Services for Different Clients
98-1 Serving as Design Engineer and General Contractor
64-7 Signature of Responsible Engineer on Plans
97-5 Signing a Confidentiality Agreement—Duty to Disclose Danger to the Public Health
94-6 Signing and Sealing Another Engineer's Plan
97-7 Signing and Sealing Documents Following Company Reorganization
18-7 Signing and Sealing of Documents—Electronic Seal and Signature
16-2 Signing and Sealing of Documents—Fire Sprinkler Layout Drawings
02-2 Signing and Sealing of Work—Making Changes
86-2 Signing and Sealing Plans Not Prepared by Engineer
11-1 Signing and Sealing Subcontractor’s Calculations
88-5 Signing of Drawings by Engineer in Industry
96-4 Software Design Testing

20
Board of Ethical Review Cases

Consolidated Table of Contents to the


Opinions of the Board of Ethical Review
Case No. Subject
05-9 Solicitation, Networking, and Referral Organization
73-8 Solicitation of Business by Mail
87-6 Solicitation of Recommendation—Use of Form Letter
71-7 Solicitation of Support for Political Candidate
72-10 Soliciting Clients of Former Employer—Hiring Employees of Former Employer
66-7 Sponsorship of Social Hour
08-7 Statements—Client Misrepresentation of Scope of Engineering Services
72-11 Statements in Employee Resume
05-5 Statements Made During Negotiations
74-3 Strike—Participation in by Publicly Employed Engineers
70-4 Strike—Performance of Nonprofessional Services during
60-3 Subprofessional Services by P.E.
62-18, 64-9 Supplanting Another Engineer
72-4 Supplanting Another Engineer—Employee Participation—Registration—Adverse Comments on Applicant
73-7 Supplanting Another Engineer—Indefinite Contract
71-10 Supplanting Another Engineer—Nonpayment
65-8 Supplanting Another Engineer—Out-of-State Firm
77-11 Supplanting—Promotion of Work by Former Employees
76-5 Supplanting—Use of Second Engineer after Bankruptcy of Client
07-6 Sustainable Development—Threatened Species
64-6 Taking Fee in Corporate Stock
79-10 Taking Over Clients of Former Employer
59-2 Termination of Engineer's Services and Retention of Different Engineer for Same Work
94-4 Testimony Re: Safety Standards
79-3 Tour of Construction Site
76-9 Turnkey Procedure
70-3 Unauthorized Use of Drawings of Other Firm
99-11 Use of Alleged Hazardous Material in a Processing Facility
77-5 Use of Another's Project Study
90-6 Use of CADD System
98-3 Use of CD-ROM for Highway Design
92-9 Use of Disadvantaged Firm After Learning of Impropriety
65-13 Use of Engineer's Name in Advertisement to Validate Findings
05-11 Use of Existing Work for Another Client
96-6 Use of Guide Specification as a Design Specification
69-6 Use of P.E. Designation for Employment Service
01-3 Use of P.E. Designation—Not Licensed in State in Which Complaint is Filed
61-1 Use of P.E. Seal on Political Advertisement
77-1 Use of Sales Organization on Basis of Stipulated Payments and Percentage of Contract Amount
98-6 Use of Slogans in Political Campaigns, Etc.
96-12 Use of Specific Indemnification Clause for Hazardous Waste Services
97-6 Use of Title “Engineer”—Refusing to Sign/Seal Documents
83-3 Using Technical Proposal of Another Without Consent
68-8 Utilization—Employment in Subprofessional Capacity
68-6 Value Engineering
69-2, 77-10 Value Engineering—Contingency Fee
11-4 Vendor’s Payment of Engineer’s Travel Expenses & Influence Over Engineer’s Presentation at Ed. Conf.
82-5 Whistleblowing
88-6 Whistleblowing—City Engineer
05-1 Whistleblowing—Industrial Design

21
Board of Ethical Review Cases

Consolidated Table of Contents to the


Opinions of the Board of Ethical Review
Case No. Subject
09-10 Withholding Information Useful to Client/Public Agency

All cases are available by visiting http://www.nspe.org, click on “Ethics Resoures”


or by calling NSPE's Member Services Department at 703/684-4811; 888/285-NSPE (6773); [email protected]

22
Board of Ethical Review Cases

NSPE Code of Ethics Case Index


The following is a Code of Ethics Case Index, designed to aid the user in better understanding the modern NSPE Code of Ethics. Code
sections are listed, followed by individual cases in which that Code section or an earlier version of that Code section was interpreted.
This index should help the user understand the full dimensions of the Code sections because it lists all cases in which the Code sections
were mentioned even if the Code sections were not paramount in deciding the case. Also, please visit the NSPE Ethics Cases and
Code of Ethics which was established to provide NSPE members with a tool to research and access the NSPE Code of Ethics and the
opinions of the NSPE Board of Ethical Review and assist them in their everyday professional practice.

NSPE Code of NSPE Code of


Ethics Section BER Case Number Ethics Section BER Case Number

Preamble 91-1, 91-9, 92-4, 92-5, 92-6, 92-9, 93-2, 93-4, 99-11, 00-5, 02-1, 03-3, 04-5, 04-8, 05-2, 07-
93-5, 93-7, 94-2, 94-3, 94-4, 94-6, 94-7, 94- 3, 07-11, 08-10, 08-12, 09-1, 09-3, 10-7, 12-2,
10, 94-11, 95-1, 95-7, 99-6, 00-10, 18-12 13-9, 13-11, 14-4, 14-12, 15-2, 15-6, 15-11,
16-10, 17-3, 18-5, 18-9
I.1. 71-5, 75-15, 76-4, 79-2, 80-1, 88-4, 88-6,
89-7, 92-4, 92-6, 93-7, 97-5, 98-5, 98-9, 99-7, II.1.b. 88-5, 92-4, 94-4, 96-4, 97-5, 98-5, 00-2, 02-5,
99-8, 01-7, 01-8, 02-1, 03-3, 03-6, 03-9, 04-5, 03-9, 08-2, 08-12, 09-2, 09-3, 09-6, 10-7, 11-
04-8, 05-2, 06-8, 07-3, 08-1, 08-4, 08-10, 09- 6, 13-11, 14-4, 15-2, 15-4, 15-11, 16-1, 16-5,
2, 09-8, 09-9, 09-12, 10-5, 14-4, 15-2, 15-4, 16-10, 17-6, 18-7, 18-8, 18-9
16-1, 16-5, 16-10, 17-3, 17-6, 17-7
II.1.c. 82-2, 85-4, 87-2, 89-4, 89-7, 90-5, 92-6, 93-3,
I.2. 02-7, 16-2, 17-3 93-7, 94-1, 94-7, 97-5, 97-12, 97-13, 98-9, 99-
4, 99-13, 00-3, 01-6, 02-1, 03-2, 03-3, 03-7,
I.3. 89-5, 92-1, 92-2, 95-7, 95-10, 03-11, 04-6, 05- 03-8, 04-1, 04-8, 05-1, 05-2, 05-11, 06-5, 06-
5, 06-6, 07-2, 07-6, 08-3, 10-6, 12-8, 16-1, 9, 07-3, 07-5, 07-11, 09-1, 09-4, 09-11, 11-9,
16-9, 18-5 12-3, 12-4, 13-8, 13-11, 15-7, 16-1, 17-4, 17-
5, 17-10, 18-5
I.4. 76-4, 78-3, 79-10, 80-4, 82-7, 83-1, 90-1, 93-
2, 94-3, 94-7, 94-10, 96-3, 97-3, 00-9, 01-2, II.1.d. 61-4, 71-5, 75-3, 78-1, 78-2, 92-3, 95-1, 95-2,
03-6, 03-8, 03-9, 03-12, 06-4, 06-6, 06-8, 06- 96-5, 98-2, 99-7, 99-13, 00-2, 01-8, 08-1, 08-
9, 07-12, 09-10, 12-1, 16-1, 16-12, 17-2, 17-4, 5, 08-11, 09-2, 11-6, 11-8, 12-7, 13-4, 14-6,
17-10, 18-3, 18-12 15-2, 16-1, 16-12

I.5. 84-3, 92-2, 93-2, 94-10, 95-1, 95-10, 96-1, 96- II.1.e. 84-4, 89-7, 91-9, 96-8, 97-12, 98-9, 99-7, 99-
5, 00-9, 00-10, 03-5, 03-11, 04-11, 05-11, 07- 13, 00-4, 00-5, 01-3, 01-8, 02-11, 07-5, 07-11,
5, 07-6, 07-12, 08-6, 09-2, 09-4, 09-5, 09-6, 08-1, 08-12, 09-4, 11-3, 11-6, 12-7, 12-8, 15-
10-2, 10-10, 10-12, 12-1, 12-8, 14-9, 14-10, 2, 15-6, 16-1, 18-3
15-1, 15-4, 15-10, 16-1, 16-6, 18-1, 18-2,
18-4 II.1.f. 02-11, 04-8, 05-1, 07-3, 07-8, 07-10, 07-11,
08-5, 09-2, 09-4, 09-9, 09-10, 10-5, 10-7, 11-
I.6. 99-13, 00-4, 00-9, 00-10, 01-1, 01-4, 04-6, 05- 3, 12-1, 12-11, 13-4, 14-4, 15-2, 16-1, 16-12,
3, 05-11, 06-6, 06-8, 07-1, 07-2, 07-5, 07-7, 17-7, 18-5, 18-11
07-12, 08-1, 08-2, 08-3, 08-5, 08-7, 08-8, 08-
10, 08-11, 09-7, 09-9, 09-11, 10-1, 10-5, 11-2, II.2. 85-3, 87-1, 89-1, 91-8, 93-5, 93-7, 94-8, 94-
11-3, 11-8, 11-12, 12-1, 12-9, 14-10, 15-10, 12, 99-11, 01-7, 02-5, 03-4, 09-3, 09-8, 09-9,
17-2, 17-6 10-1, 15-5, 16-2

II.1. 60-5, 61-9, 62-5, 64-4, 65-12, 67-3, 67-10, II.2.a. 68-11, 71-2, 85-3, 86-2, 87-1, 89-1, 89-3,
71-5, 75-15, 88-5, 92-6, 97-5, 98-8, 99-11, 00- 90-3, 90-6, 91-5, 92-9, 93-9, 94-8, 94-12, 95-
5, 00-7, 00-8, 01-3, 02-5, 02-11, 05-1, 07-8, 1, 98-8, 02-5, 02-7, 09-6, 09-8, 10-8, 11-5,
07-10, 08-4, 08-12, 09-1, 09-12, 10-7, 12-2, 11-11, 15-6, 16-2, 17-8
12-11, 13-9, 13-11, 14-4, 14-12, 15-4, 15-6,
15-9, 15-11, 15-12, 16-5, 17-6, 18-4, 18-5, II.2.b. 61-6, 61-9, 63-10, 85-3, 86-2, 88-5, 89-1,
18-6, 18-8, 18-9, 18-11 89-3, 89-6, 90-6, 91-8, 94-8, 94-12, 95-2, 97-
1, 97-7, 98-8, 00-2, 00-8, 00-11, 01-8, 02-2,
II.1.a. 60-5, 60-6, 61-4, 61-7, 61-9, 61-10, 63-10, 02-7, 03-9, 04-4, 06-4, 09-3, 09-6, 09-8, 11-1,
64-4, 65-12, 67-10, 70-4, 76-4, 79-2, 80-1, 15-6, 16-2, 18-7
82-5, 84-4, 84-5, 88-5, 88-6, 89-7, 90-5, 92-4,
92-6, 93-7, 94-4, 96-4, 96-6, 97-5, 98-9,

22
Board of Ethical Review Cases

13-1, 13-2, 13-5, 13-8, 14-1, 14-2, 14-8, 14-


II.2.c. 63-11, 68-11, 71-2, 78-5, 85-3, 86-2, 89-1, 10, 14-11, 14-12, 15-3, 15-8, 15-10, 16-4, 17-
89-3, 90-6, 91-8, 94-8, 94-12, 97-1, 97-7, 97- 1, 17-4, 17-8, 17-10, 17-11, 18-1, 18-2, 18-4,
10, 98-3, 00-8, 00-11, 01-8, 02-2, 09-6, 09-8, 18-10
15-6, 16-2, 18-7
II.4.b. 59-3, 62-7, 63-5, 64-2, 64-10, 65-2, 68-3,
II.3. 84-1, 84-6, 91-4, 92-2, 95-7, 95-8, 95-10, 96- 68-12, 72-6, 74-6, 85-4, 89-4, 91-7, 94-1, 95-
9, 99-12, 01-3, 02-11, 03-10, 04-12, 05-8, 07- 9, 98-7, 99-2, 99-4, 99-9, 00-3, 01-2, 02-12,
8, 07-12, 08-6, 08-9, 09-1, 09-4, 12-10, 13-3, 03-7, 03-12, 04-10, 04-12, 05-11, 08-5, 08-8,
13-6, 14-5, 15-3, 15-9, 15-12, 16-3, 16-8, 17- 10-10, 11-1, 11-2, 12-5, 13-2, 14-2, 16-4, 17-
5, 17-9 8, 17-10, 18-2, 18-4, 18-10

II.3.a. 61-9, 84-1, 85-4, 85-5, 88-2, 88-7, 89-4, 89-5, II.4.c. 59-1, 59-3, 60-9, 81-4, 86-1, 87-5, 91-6, 91-7,
90-4, 92-1, 92-4, 92-6, 93-4, 93-9, 94-1, 94-7, 94-3, 95-3, 95-9, 95-11, 01-9, 02-4, 04-7, 05-
95-2, 95-5, 95-7, 95-8, 96-11, 97-11, 97-13, 9, 06-1, 10-3, 12-4, 17-11, 18-1, 18-2
99-6, 99-8, 99-12, 01-9, 01-12, 02-7, 03-1,
03-6, 04-5, 05-4, 05-5, 06-11, 07-6, 07-12, 08- II.4.d. 67-1, 67-12, 70-6, 74-2, 75-7, 76-3, 77-9,
2, 08-3, 08-9, 09-12, 11-7, 11-11, 12-3, 13-1, 78-3, 79-1, 79-4, 82-4, 85-2, 89-6, 90-7, 92-5,
13-6, 14-5, 14-6, 15-2, 15-3, 15-9, 15-11, 16- 93-6, 94-5, 94-11, 95-4, 95-6, 97-1, 97-4, 01-
1, 16-3, 16-7, 16-8, 16-10, 17-5, 17-7, 17-9, 7, 01-11, 04-3, 04-9, 06-11, 07-9, 11-12, 12-5,
18-8, 18-11 13-1, 14-1, 14-2, 14-11, 15-10, 18-10

II.3.b. 63-4, 63-6, 65-9, 66-1, 69-10, 71-4, 73-3, II.4.e. 64-12, 65-7, 65-10, 65-11, 70-6, 75-7, 77-9,
88-7, 90-3, 91-3, 94-10, 95-2, 95-5, 98-5, 00- 79-4, 82-4, 85-2, 90-7, 92-5, 95-4, 95-6, 97-1,
2, 01-3, 02-7, 03-10, 05-4, 06-11, 09-1, 09-4, 04-3, 07-9, 11-12, 13-1, 14-1, 14-11
11-4, 11-11, 12-7, 15-3, 15-9, 16-5, 16-7, 16-
10, 17-5, 17-7 II.5. 83-5, 86-6, 89-2, 91-4, 95-10, 97-8, 99-8, 01-
10, 01-12, 02-7, 03-1, 03-6, 05-5, 10-8, 11-2,
II.3.c. 65-9, 66-1, 73-9, 76-3, 88-7, 89-5, 95-2, 95-5, 12-10, 13-3, 14-2, 14-6, 16-8, 17-11
01-7, 01-9, 05-4, 05-7, 07-12, 11-4, 15-9, 17-
1, 17-5 II.5.a. 83-1, 90-4, 91-8, 92-2, 95-7, 95-10, 96-1, 96-
11, 97-1, 97-8, 97-11, 98-6, 99-12, 01-8, 03-
II.4. 60-4, 60-5, 60-9, 61-9, 61-10, 62-5, 62-7, 6, 03-11, 04-11, 05-7, 05-8, 07-4, 10-6, 10-9,
62-16, 62-21, 63-10, 66-12, 67-1, 67-3, 67-5, 11-7, 12-8, 14-10, 16-6, 17-12, 18-3
67-7, 67-10, 68-1, 68-7, 68-8, 69-5, 69-8
69-13, 70-2, 70-4, 71-10, 74-3, 74-11, 75-5, II.5.b. 60-9, 62-4, 62-12, 66-6, 66-10, 69-1, 71-9,
81-3, 81-6, 82-2, 83-4, 83-5, 85-6, 86-5, 87-3, 72-7, 74-9, 75-1, 76-6, 76-12, 77-1, 78-4,
88-4, 88-5, 88-6, 89-2, 89-7, 91-1, 91-6, 93-1, 78-7, 81-4, 83-5, 86-1, 87-4, 88-2, 92-3, 92-8,
93-2, 93-3, 94-1, 94-7, 94-10, 94-11, 96-6, 97- 95-3, 97-10, 98-2, 98-7, 03-4, 03-5, 05-6, 05-
2, 97-3, 97-6, 97-12, 98-4, 98-9, 98-11, 99-3, 9, 06-12, 10-9, 12-6, 12-9, 13-7, 15-7, 16-11,
99-4, 99-7, 99-13, 00-11, 01-6, 02-1, 02-6, 02- 17-11
8, 03-3, 04-1, 04-2, 04-8, 04-10, 04-12, 05-1,
05-2, 05-3, 05-4, 05-10, 06-5, 06-7, 07-1, 07- III. 99-5
3, 07-5, 07-12, 08-1, 08-2, 08-3, 08-4, 08-7,
08-10, 08-11, 08-12, 09-1, 09-4, 09-7, 09-8, III.1. 81-3, 85-1, 90-1, 92-6, 93-4, 95-7, 95-8, 97-6,
09-11, 10-4, 10-8, 10-10, 10-11, 11-1, 11-5, 98-6, 99-12, 99-13, 00-3, 01-10, 02-1, 03-6,
11-11, 12-2, 12-3, 12-5, 13-3, 13-4, 13-5, 14- 04-8, 05-5, 05-8, 05-11, 07-2, 08-1, 08-8, 10-
1, 14-2, 14-3, 14-6, 14-7, 14-8, 14-9, 14-11, 9, 10-12, 12-1, 13-3, 14-3, 14-9, 15-9, 16-1,
14-12, 15-1, 15-4, 15-7, 15-8, 15-9, 15-10, 15- 16-3, 16-12, 17-11
11, 15-12, 16-4, 16-8, 16-9, 16-12, 17-2, 17-4,
17-6, 17-9, 17-10, 17-12, 18-2, 18-3, 18-4, III.1.a. 64-1, 94-6, 95-5, 97-13, 16-7
18-5, 18-7, 18-10, 18-11, 18-12
III.1.b. 63-5, 65-12, 76-4, 77-12, 84-4, 84-5, 88-1, 91-
II.4.a. 64-10, 64-11, 65-15, 66-5, 67-1, 68-5, 69-8, 3, 95-5, 98-5, 99-7, 99-8, 01-4, 04-12, 09-6,
69-13, 70-2, 71-6, 72-2, 72-4, 72-6, 72-9, 11-12, 12-2, 13-8, 14-4, 15-9, 16-1, 16-5, 16-
74-4, 75-10, 85-6, 86-1, 87-4, 87-3, 88-1, 7, 16-8, 17-3, 18-5, 18-9
89-5, 89-6, 91-5, 91-7, 93-6, 94-2, 94-3, 94-9,
94-11, 95-1, 95-3, 95-4, 95-9, 96-4, 96-7, 97- III.1.c. 64-2, 72-6, 97-1, 99-3, 02-8, 06-3, 07-12, 10-
3, 97-4, 97-11, 98-11, 99-2, 99-6, 99-9, 99-10, 2, 10-4, 14-1, 14-7, 15-10, 18-4
01-2, 01-7, 01-11, 02-3, 02-4, 02-6, 02-8, 02-
9, 02-12, 03-5, 03-12, 04-2, 04-3, 04-9, 04-10, III.1.d. 61-4, 62-8, 68-4, 69-3, 69-5, 72-10, 82-3, 00-
04-12, 05-7, 05-9, 05-10, 06-2, 06-3, 06-6, 06- 9, 08-6
7, 06-10, 07-1, 07-9, 07-12, 09-7, 09-11, 10-2,
10-10, 10-12, 11-1, 11-10, 12-3, 12-5, 12-12,

23
Board of Ethical Review Cases

III.1.e. 70-4, 71-5, 74-3, 84-6, 01-1, 01-9, 01-10, 01- III.4.a. 72-4, 72-5, 74-4, 77-6, 77-11, 78-10, 79-10,
12, 03-10, 03-11, 05-1, 05-3, 05-5, 05-11, 06- 80-6, 81-3, 83-1, 86-5, 88-3, 96-7, 97-2, 97-3,
7, 06-10, 07-1, 11-7, 11-12, 12-7, 12-8, 14-9, 97-9, 98-1, 99-1, 00-1, 00-9, 01-12, 02-12, 03-
14-10, 16-4, 17-1, 17-2, 17-6, 18-1 7, 03-12, 04-12, 05-11, 06-2, 11-9, 11-10, 11-
12, 12-12, 13-1, 13-2, 13-12, 14-1, 14-7, 14-9,
III.1.f. 73-9, 75-12, 75-14, 76-7, 76-12, 77-2, 78-3, 15-1, 15-8, 17-2, 17-8, 18-10
81-3, 82-3, 82-7, 84-1, 84-6, 87-6, 88-2, 90-1,
91-4, 94-2, 95-5, 95-6, 98-6, 00-12 III.4.b. 79-1, 81-3, 82-6, 85-4, 89-4, 89-5, 91-6, 94-9,
97-2, 97-3, 00-1, 01-6, 03-2, 03-8, 03-12, 04-
III.2. 81-6, 00-7, 10-5, 12-10, 15-9, 15-12, 16-4, 16- 12, 06-2, 06-3, 06-5, 06-6, 08-3, 10-11, 11-9,
11 11-10, 12-12, 13-2, 13-12, 14-8, 17-1, 17-4,
17-10, 17-11
III.2.a. 61-1. 61-7, 62-21, 63-9, 65-9, 66-1, 67-2,
67-6, 67-8, 67-10, 68-11, 70-5, 76-12, 78-4, III.5. 59-3, 62-7, 62-16, 62-19, 63-5, 64-2, 64-10,
84-6, 88-7, 89-6, 92-8, 98-6, 01-12, 04-7, 07- 64-11, 65-15, 66-5, 67-1, 68-12, 69-8, 69-13,
8, 07-9, 12-9, 13-9, 15-12, 17-5, 17-7 70-2, 71-6, 72-4, 72-9, 74-4, 74-6, 75-10,
76-2, 76-3, 76-9, 77-8, 78-3, 78-9, 79-1, 79-4,
III.2.b. 71-5, 71-7, 73-9, 74-1, 74-10, 75-4, 75-14, 79-9, 80-3, 80-4, 81-3, 86-3, 91-7, 92-5, 94-
76-4, 79-2, 82-5, 88-5, 88-6, 91-3, 94-8, 95-2, 11, 06-1, 06-10, 07-1, 10-4, 10-10, 10-12, 11-
97-13, 98-3, 99-7, 99-8, 00-2, 04-5, 06-4, 10- 1, 11-4, 13-5, 13-8, 16-4
7, 12-11, 14-4, 15-2, 15-4, 15-11
III.5.a. 59-1, 59-3, 60-6, 64-11, 65-1, 67-9, 76-8,
III.2.c. 60-3, 60-8, 61-4, 61-7, 61-9, 61-10, 62-4, 89-3, 91-7, 92-1, 93-1, 94-3, 03-5, 06-1, 09-8,
62-5, 62-7, 62-11, 62-12, 62-21, 63-9, 64-4, 11-4, 11-5, 12-10, 16-4, 16-11
66-9, 66-10, 67-2, 67-4, 73-6, 76-12, 81-5,
84-1, 95-2, 03-10, 10-1, 11-4, 17-1, 17-5, 17- III.5.b. 79-1, 81-4, 87-5, 94-3, 95-3, 95-9, 95-11, 97-
7 10, 99-9, 02-4, 02-6, 04-7, 06-1, 09-8, 10-3,
11-5, 12-4, 17-11
III.2.d. 07-6, 09-12, 11-4, 18-9
III.6. 62-13, 64-2, 64-4, 64-6, 65-6, 65-14, 66-2,
III.2.e. 04-7, 06-1, 10-3, 12-9, 17-1, 17-5 66-8, 66-11, 67-2, 67-4, 67-7, 68-2, 69-11,
72-10, 77-3, 77-5, 80-5, 92-9, 94-6, 00-1, 01-
III.3. 67-9, 70-1, 73-6, 74-1, 74-6, 74-7, 74-8, 75-5, 1, 01-5, 01-12, 03-6, 06-12, 07-5, 11-2, 11-12,
75-6, 75-7, 75-12, 75-14, 75-16, 76-7, 76-12, 12-4, 13-6, 14-3, 16-11
77-1, 77-2, 77-9, 78-10, 79-3, 79-8, 79-9,
80-5, 81-5, 87-4, 92-1, 92-6, 93-4, 94-4, 94-6, III.6.a. 62-13, 81-2, 97-1, 98-7, 99-10, 00-10, 01-5,
94-7, 94-11, 95-11, 00-3, 03-1, 04-4, 04-11, 11-11, 14-2
05-7, 07-12, 08-3, 10-6, 16-6, 16-11
III.6.b. 68-4, 69-11, 72-10, 96-4, 97-1, 99-3, 02-8, 06-
III.3.a. 62-2, 72-11, 73-2, 73-9, 81-5, 82-1, 83-1, 3, 14-1, 14-7, 15-10, 18-4
84-2, 84-3, 85-5, 86-4, 87-6, 88-7, 91-4, 92-2,
92-3, 92-6, 93-2, 94-10, 95-2, 95-5, 95-7, 95- III.6.c. 15-10
8, 96-9, 96-11, 97-11, 98-6, 99-2, 99-3, 99-5,
99-6, 01-3, 03-1, 03-6, 04-1, 04-4, 04-11, 05- III.7. 58-1, 61-4, 62-19, 81-3, 83-1, 83-3, 89-2, 94-
4, 05-5, 05-7, 05-8, 06-7, 12-3, 14-5, 14-7, 14- 2, 94-6, 96-3, 96-10, 97-6, 97-7, 97-9, 99-5,
12, 15-3, 16-1, 16-6, 16-7, 16-8, 17-5, 18-3, 00-1, 00-4, 00-9, 00-12, 01-1, 02-11, 03-9, 04-
18-11 2, 04-6, 05-1, 07-2, 07-5, 07-7, 08-6, 08-7, 09-
9, 09-10, 11-3, 11-8, 11-12, 12-1, 12-2, 14-3,
III.3.b. 72-10, 78-8, 79-3, 79-5, 79-6, 79-9, 80-2, 99- 14-12, 17-6, 18-3
5, 01-10, 07-7
III.7.a. 65-4, 65-14, 66-8, 66-11, 66-12, 67-8, 68-5,
III.3.c. 72-8, 85-1, 03-10, 09-5, 17-1 69-2, 73-4, 75-8, 76-11, 77-4, 77-10, 77-12,
81-1, 83-2, 91-2, 93-5, 95-11, 97-6, 98-7, 99-
III.4. 61-8, 61-9, 63-1, 63-11, 64-2, 72-5, 76-4, 10, 00-2, 02-2, 02-6, 03-12, 11-6, 14-12, 18-8
77-5, 80-5, 87-2, 88-3, 89-7, 92-6, 93-3, 93-7,
94-7, 96-3, 96-7, 96-8, 97-2, 97-3, 97-5, 97-9, III.7.b. 58-1, 60-2, 60-8, 62-6, 62-19, 63-2, 64-2,
98-9, 03-2, 03-3, 03-8, 04-1, 04-8, 04-12, 05- 69-11, 72-6, 00-12, 01-12, 11-12
1, 05-2, 05-11, 06-2, 06-6, 06-9, 07-5, 07-6,
08-3, 08-5, 08-6, 09-4, 10-4, 11-9, 11-10, 12- III.7.c. 65-15, 00-1, 00-12, 11-4
12, 13-2, 13-5, 13-8, 13-9, 13-11, 13-12, 15-7,
15-8, 16-1, 16-10, 17-8, 17-9, 17-10, 18-8

24
Board of Ethical Review Cases

III.8. 59-2, 60-6, 61-4, 61-5, 62-1, 62-18, 63-6,


63-10, 65-9, 66-1, 67-4, 67-11, 68-10, 69-6,
69-10, 70-3, 70-5, 71-4, 72-4, 72-5, 73-3,
75-15, 76-3, 76-13, 77-7, 77-11, 79-2, 79-7,
80-1, 81-6, 84-1, 88-3, 90-2, 91-9, 96-3, 02-5,
04-1, 05-3, 12-7, 13-10, 15-5, 18-12

III.8.a. 60-6, 63-10, 68-3, 68-6, 68-11, 72-6, 79-7,


83-6, 86-4, 93-3, 94-2, 94-5, 98-1, 98-2, 99-
12, 00-2, 00-4, 00-5, 01-8, 02-11, 04-4, 04-5,
04-11, 05-8, 06-4, 09-9, 09-10, 11-6, 11-7, 12-
7, 12-8, 12-9, 14-3, 14-4, 14-12, 15-4, 16-6,
17-5, 18-7

III.8.b. 68-6, 68-11, 69-10, 76-1, 76-13, 99-1, 12-7

III.8.c. 61-4, 63-10, 75-10, 93-1

III.9. 86-4, 89-3, 91-7, 93-8, 96-12, 97-12, 99-13,


00-1, 01-4, 07-4, 08-9, 08-11, 09-5, 10-6, 11-
11, 13-6, 13-10, 14-10, 15-5, 17-12, 18-6

III.9.a. 61-4, 62-19, 64-2, 65-16, 69-9, 78-1, 90-3, 93-


2, 94-10, 97-6, 97-7, 07-4, 08-9, 09-5, 13-6,
13-10, 14-5, 14-10, 17-12

III.9.b. 61-4, 62-4, 62-20, 63-10, 69-1, 69-6, 69-9,


71-5, 72-9, 75-3, 78-1, 78-2, 00-1, 01-4, 13-
10, 17-12

III.9.c. 00-1, 01-4, 08-11, 18-6

III.9.d. 06-9, 13-10, 17-2, 17-12

III.10. 61-6, 63-9, 64-7, 65-16, 71-1, 75-11, 77-5,


75-11, 83-3, 92-7, 93-1, 94-6, 94-7, 95-7

III.10.a. 64-7, 71-1, 75-11, 83-3, 86-6, 92-1, 92-7

III.10.b. 64-2

III.10.c. 63-10, 74-11, 87-2

III.10.d. 65-15, 68-1, 74-11

III.11. 60-4, 63-9, 72-5, 75-15, 76-1, 77-7, 85-5,


87-1, 89-1, 91-5, 93-1, 94-12

III.11.a. 61-7, 68-11, 82-7, 87-5

III.11.b. 60-4, 82-7

III.11.d. 63-9, 76-1

III.11.e. 68-4, 69-2, 91-2

25
National Society of Professional Engineers
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Alexandria, VA 22314-2794
703/684-2800-Phone
www.nspe.org
Publication Date: March 2019  Publication #1107

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