Nspe board of ethical review

Ethics Reference Guide

Inc ludes the 2017 Cases and the

Newly Released Ethics Study 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 .............................................................. 9-21

NSPE Code of Ethics Case Index .................................................... 22-25

(3/18)

Board of Ethical Review Cases

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Foreword Professionalism and ethics are twins, inseparably bound together in the concept that professional status and recognition must be based upon public service under a higher duty than mere compliance with the letter of the law. Ethics provides the framework within which engineers may travel the "second mile," so ably defined by Dr. William E. Wickenden, former president of Case Institute of Technology: Every calling has its mile of compulsion: Its

round of tasks and duties, its prescribed man-to- man relationships, which one must traverse daily if one is to survive. Beyond that is the mile of voluntary effort where one strives for special excellence, seeks self-expression more than material gain, and gives that unrequited margin of service to the common good which invests work with a wide and enduring significance. The best fun of life and most of its durable satisfaction lies in this second mile and it is only here that a calling can attain the dignity and distinction of a profession.

The voluntary assumption of a higher duty imposed by individual conscience is the root principle of ethics. The Foreword of the 1947 ECPD Canons of Ethics expresses these principles for the professional engineer in the following terms:

Honesty, justice and courtesy form the moral philosophy which, associated with mutual interest among mankind, constitute the foundation of ethics. The engineer should recognize such a standard, not in passive observance, but as a set of dynamic principles guiding the engineer's conduct and way of life. It is the engineer's duty to practice according to these Canons of Ethics.

It is in the spirit of these cogent observations and principles that the National Society of Professional Engineers (NSPE) has adopted a Code of Ethics to lend aid and understanding to all engineers who strive for the dignity and true worth of the professional. This Code of Ethics is the result of extensive study and deliberation by the NSPE Board of Ethical Review, the review of the codes of ethics of engineering societies and those of other professions, and consultations with a broad cross section of the engineering profession. A code of ethics is not a static document; its purpose is to live and breathe with the profession it serves. Experience and changed circumstance will require continual review and revision of this Code of Ethics to reflect the growing understanding of engineering professionalism in public service. Comments and suggestions from all members of the engineering profession are solicited toward this end.

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

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Code of Ethics for Engineers

Preamble Engineering is an important and learned profession. As members of this profession, engineers are expected to exhibit the highest standards of honesty and integrity. Engineering has a direct and vital impact on the quality of life for all people. Accordingly, the services provided by engineers require honesty, impartiality, fairness, and equity, and must be dedicated to the protection of the public health, safety, and welfare. Engineers must perform under a standard of professional behavior that requires adherence to the highest principles of ethical conduct.

I. Fundamental Canons Engineers, in the fulfillment of their professional duties, shall:

1. Hold paramount the safety, health, and welfare of the public. 2. Perform services only in areas of their competence. 3. Issue public statements only in an objective and truthful

manner. 4. Act for each employer or client as faithful agents or trustees. 5. Avoid deceptive acts. 6. Conduct themselves honorably, responsibly, ethically,

and lawfully so as to enhance the honor, reputation, and usefulness of the profession.

II. Rules of Practice 1. Engineers shall hold paramount the safety, health, and

welfare of the public. a. If engineers’ judgment is overruled under

circumstances that endanger life or property, they shall notify their employer or client and such other authority as may be appropriate.

b. Engineers shall approve only those engineering documents that are in conformity with applicable standards.

c. Engineers shall not reveal facts, data, or information without the prior consent of the client or employer except as authorized or required by law or this Code.

d. Engineers shall not permit the use of their name or associate in business ventures with any person or firm that they believe is engaged in fraudulent or dishonest enterprise.

e. Engineers shall not aid or abet the unlawful practice of engineering by a person or firm.

f. Engineers having knowledge of any alleged violation of this Code shall report thereon to appropriate professional bodies and, when relevant, also to public authorities, and cooperate with the proper authorities in furnishing such information or assistance as may be required.

2. Engineers shall perform services only in the areas of their competence. a. Engineers shall undertake assignments only when

qualified by education or experience in the specific technical fields involved.

b. Engineers shall not affix their signatures to any plans or documents dealing with subject matter in which they lack competence, nor to any plan or document not prepared under their direction and control.

c. Engineers may accept assignments and assume responsibility for coordination of an entire project and sign and seal the engineering documents for the entire project, provided that each technical segment is signed and sealed only by the qualified engineers who prepared the segment.

3. Engineers shall issue public statements only in an objective and truthful manner. a. Engineers shall be objective and truthful in professional

reports, statements, or testimony. They shall include all relevant and pertinent information in such reports, statements, or testimony, which should bear the date indicating when it was current.

b. Engineers may express publicly technical opinions that are founded upon knowledge of the facts and competence in the subject matter.

c. Engineers shall issue no statements, criticisms, or arguments on technical matters that are inspired or paid for by interested parties, unless they have prefaced their comments by explicitly identifying the interested parties on whose behalf they are speaking, and by revealing the existence of any interest the engineers may have in the matters.

4. Engineers shall act for each employer or client as faithful agents or trustees. a. Engineers shall disclose all known or potential conflicts

of interest that could influence or appear to influence their judgment or the quality of their services.

b. Engineers shall not accept compensation, financial or otherwise, from more than one party for services on the same project, or for services pertaining to the same project, unless the circumstances are fully disclosed and agreed to by all interested parties.

c. Engineers shall not solicit or accept financial or other valuable consideration, directly or indirectly, from outside agents in connection with the work for which they are responsible.

d. Engineers in public service as members, advisors, or employees of a governmental or quasi-governmental body or department shall not participate in decisions with respect to services solicited or provided by them or their organizations in private or public engineering practice.

e. Engineers shall not solicit or accept a contract from a governmental body on which a principal or officer of their organization serves as a member.

5. Engineers shall avoid deceptive acts. a. Engineers shall not falsify their qualifications or

permit misrepresentation of their or their associates’ qualifications. They shall not misrepresent or exaggerate their responsibility in or for the subject matter of prior assignments. Brochures or other presentations incident to the solicitation of employment shall not misrepresent pertinent facts concerning employers, employees, associates, joint venturers, or past accomplishments.

b. Engineers shall not offer, give, solicit, or receive, either directly or indirectly, any contribution to influence the award of a contract by public authority, or which may be reasonably construed by the public as having the effect or intent of influencing the awarding of a contract. They shall not offer any gift or other valuable consideration in order to secure work. They shall not pay a commission, percentage, or brokerage fee in order to secure work, except to a bona fide employee or bona fide established commercial or marketing agencies retained by them.

III. Professional Obligations 1. Engineers shall be guided in all their relations by the

highest standards of honesty and integrity. a. Engineers shall acknowledge their errors and shall not

distort or alter the facts. b. Engineers shall advise their clients or employers when

they believe a project will not be successful. c. Engineers shall not accept outside employment to

the detriment of their regular work or interest. Before accepting any outside engineering employment, they will notify their employers.

d. Engineers shall not attempt to attract an engineer from another employer by false or misleading pretenses.

e. Engineers shall not promote their own interest at the expense of the dignity and integrity of the profession.

2. Engineers shall at all times strive to serve the public interest. a. Engineers are encouraged to participate in civic affairs;

career guidance for youths; and work for the advancement of the safety, health, and well-being of their community.

b. Engineers shall not complete, sign, or seal plans and/or specifications that are not in conformity with applicable engineering standards. If the client or employer insists on such unprofessional conduct, they shall notify the proper authorities and withdraw from further service on the project.

c. Engineers are encouraged to extend public knowledge and appreciation of engineering and its achievements.

d. Engineers are encouraged to adhere to the principles of sustainable development1 in order to protect the environment for future generations.

1420 KING STREET • ALEXANDRIA, VIRGINIA 22314-2794 • 888-285-NSPE (6773) • LEGAL@NSPE.ORG • WWW.NSPE.ORG • PUBLICATION DATE AS REVISED JULY 2007 • PUBLICATION #1102 COPYRIGHT NATIONAL SOCIETY OF PROFESSIONAL ENGINEERS. ALL RIGHTS RESERVED.

3. Engineers shall avoid all conduct or practice that deceives the public. a. Engineers shall avoid the use of statements containing

a material misrepresentation of fact or omitting a material fact.

b. Consistent with the foregoing, engineers may advertise for recruitment of personnel.

c. Consistent with the foregoing, engineers may prepare articles for the lay or technical press, but such articles shall not imply credit to the author for work performed by others.

4. Engineers shall not disclose, without consent, confidential information concerning the business affairs or technical processes of any present or former client or employer, or public body on which they serve. a. Engineers shall not, without the consent of all

interested parties, promote or arrange for new employment or practice in connection with a specific project for which the engineer has gained particular and specialized knowledge.

b. Engineers shall not, without the consent of all interested parties, participate in or represent an adversary interest in connection with a specific project or proceeding in which the engineer has gained particular specialized knowledge on behalf of a former client or employer.

5. Engineers shall not be influenced in their professional duties by conflicting interests. a. Engineers shall not accept financial or other

considerations, including free engineering designs, from material or equipment suppliers for specifying their product.

b. Engineers shall not accept commissions or allowances, directly or indirectly, from contractors or other parties dealing with clients or employers of the engineer in connection with work for which the engineer is responsible.

6. Engineers shall not attempt to obtain employment or advancement or professional engagements by untruthfully criticizing other engineers, or by other improper or questionable methods. a. Engineers shall not request, propose, or accept a

commission on a contingent basis under circumstances in which their judgment may be compromised.

b. Engineers in salaried positions shall accept part-time engineering work only to the extent consistent with policies of the employer and in accordance with ethical considerations.

c. Engineers shall not, without consent, use equipment, supplies, laboratory, or office facilities of an employer to carry on outside private practice.

7. Engineers shall not attempt to injure, maliciously or falsely, directly or indirectly, the professional reputation, prospects, practice, or employment of other engineers.

Engineers who believe others are guilty of unethical or illegal practice shall present such information to the proper authority for action. a. Engineers in private practice shall not review the work

of another engineer for the same client, except with the knowledge of such engineer, or unless the connection of such engineer with the work has been terminated.

b. Engineers in governmental, industrial, or educational employ are entitled to review and evaluate the work of other engineers when so required by their employment duties.

c. Engineers in sales or industrial employ are entitled to make engineering comparisons of represented products with products of other suppliers.

8. Engineers shall accept personal responsibility for their professional activities, provided, however, that engineers may seek indemnification for services arising out of their practice for other than gross negligence, where the engineer’s interests cannot otherwise be protected. a. Engineers shall conform with state registration laws in

the practice of engineering. b. Engineers shall not use association with a nonengineer, a

corporation, or partnership as a “cloak” for unethical acts.

9. Engineers shall give credit for engineering work to those to whom credit is due, and will recognize the proprietary interests of others. a. Engineers shall, whenever possible, name the person or

persons who may be individually responsible for designs, inventions, writings, or other accomplishments.

b. Engineers using designs supplied by a client recognize that the designs remain the property of the client and may not be duplicated by the engineer for others without express permission.

c. Engineers, before undertaking work for others in connection with which the engineer may make improvements, plans, designs, inventions, or other records that may justify copyrights or patents, should enter into a positive agreement regarding ownership.

d. Engineers’ designs, data, records, and notes referring exclusively to an employer’s work are the employer’s property. The employer should indemnify the engineer for use of the information for any purpose other than the original purpose.

e. Engineers shall continue their professional development throughout their careers and should keep current in their specialty fields by engaging in professional practice, participating in continuing education courses, reading in the technical literature, and attending professional meetings and seminars.

Footnote 1 “Sustainable development” is the challenge of meeting human needs for natural resources, industrial products, energy, food, transportation, shelter, and effective waste management while conserving and protecting environmental quality and the natural resource base essential for future development.

“By order of the United States District Court for the

District of Columbia, former Section 11(c) of the NSPE

Code of Ethics prohibiting competitive bidding, and all

policy statements, opinions, rulings or other guidelines

interpreting its scope, have been rescinded as unlawfully

interfering with the legal right of engineers, protected

under the antitrust laws, to provide price information to

prospective clients; accordingly, nothing contained in the

NSPE Code of Ethics, policy statements, opinions, rulings

or other guidelines prohibits the submission of price

quotations or competitive bids for engineering services

at any time or in any amount.”

Statement by NSPE Executive Committee In order to correct misunderstandings which have been indicated in some instances since the issuance of the Supreme Court decision and the entry of the Final Judgment, it is noted that in its decision of April 25, 1978, the Supreme Court of the United States declared: “The Sherman Act does not require competitive bidding.”

It is further noted that as made clear in the Supreme Court decision:

1. Engineers and firms may individually refuse to bid for engineering services.

2. Clients are not required to seek bids for engineering services.

3. Federal, state, and local laws governing procedures to procure engineering services are not affected, and remain in full force and effect.

4. State societies and local chapters are free to actively and aggressively seek legislation for professional selection and negotiation procedures by public agencies.

5. State registration board rules of professional conduct, including rules prohibiting competitive bidding for engineering services, are not affected and remain in full force and effect. State registration boards with authority to adopt rules of professional conduct may adopt rules governing procedures to obtain engineering services.

6. As noted by the Supreme Court, “nothing in the judgment prevents NSPE and its members from attempting to influence governmental action . . .”

Note: In regard to the question of application of the Code to corporations vis-a-vis real persons, business form or type should not negate nor influence conformance of individuals to the Code. The Code deals with professional services, which services must be performed by real persons. Real persons in turn establish and implement policies within business structures. The Code is clearly written to apply to the Engineer, and it is incumbent on members of NSPE to endeavor to live up to its provisions. This applies to all pertinent sections of the Code.

1420 KING STREET • ALEXANDRIA, VIRGINIA 22314-2794 • 888-285-NSPE (6773) • LEGAL@NSPE.ORG • WWW.NSPE.ORG • PUBLICATION DATE AS REVISED JULY 2007 • 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?

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https://www.nspe.org/resources/ethics/ethics-resources/code-ethics-examination
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

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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?

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https://www.nspe.org/sites/default/files/resources/pdfs/Ethics/EthicsReferenceGuide.pdf
https://www.nspe.org/resources/ethics/ethics-resources/code-ethics-examination
Board of Ethical Review Cases

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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.9.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.

Board of Ethical Review Cases

Consolidated Table of Contents to the Opinions of the Board of Ethical Review

Case No. Subject

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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

Board of Ethical Review Cases

Consolidated Table of Contents to the Opinions of the Board of Ethical Review

Case No. Subject

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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 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 94-9 Conflict of Interest—Accident Reconstruction Services

Board of Ethical Review Cases

Consolidated Table of Contents to the Opinions of the Board of Ethical Review

Case No. Subject

11

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 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 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 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

Board of Ethical Review Cases

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Case No. Subject

12

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 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 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

Board of Ethical Review Cases

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Case No. Subject

13

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 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 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

Board of Ethical Review Cases

Consolidated Table of Contents to the Opinions of the Board of Ethical Review

Case No. Subject

14

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 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

Board of Ethical Review Cases

Consolidated Table of Contents to the Opinions of the Board of Ethical Review

Case No. Subject

15

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 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

Board of Ethical Review Cases

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Case No. Subject

16

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 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

Board of Ethical Review Cases

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Case No. Subject

17

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 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 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 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 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

Board of Ethical Review Cases

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Case No. Subject

18

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 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

Board of Ethical Review Cases

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Case No. Subject

19

67-11 Public Disclosure of Names in BER Case 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 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

Board of Ethical Review Cases

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Case No. Subject

20

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 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 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.

Board of Ethical Review Cases

Consolidated Table of Contents to the Opinions of the Board of Ethical Review

Case No. Subject

21

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 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); custserv@nspe.org

https://www.nspe.org/resources/ethics/ethics-resources
mailto:custserv@nspe.org
Board of Ethical Review Cases

22

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,

93-5, 93-7, 94-2, 94-3, 94-4, 94-6, 94-7, 94- 10, 94-11, 95-1, 95-7, 99-6, 00-10

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, 99-8, 01-7, 01-8, 02-1, 03-3, 03-6, 03-9, 04-5, 04-8, 05-2, 06-8, 07-3, 08-1, 08-4, 08-10, 09- 2, 09-8, 09-9, 09-12, 10-5, 14-4, 15-2, 15-4, 16-1, 16-5, 16-10, 17-3, 17-6, 17-7

I.2. 02-7, 16-2, 17-3 I.3. 89-5, 92-1, 92-2, 95-7, 95-10, 03-11, 04-6, 05-

5, 06-6, 07-2, 07-6, 08-3, 10-6, 12-8, 16-1, 16- 9

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, 03-6, 03-8, 03-9, 03-12, 06-4, 06-6, 06-8, 06- 9, 07-12, 09-10, 12-1, 16-1, 16-12, 17-2, 17-4, 17-10

I.5. 84-3, 92-2, 93-2, 94-10, 95-1, 95-10, 96-1, 96-

5, 00-9, 00-10, 03-5, 03-11, 04-11, 05-11, 07- 5, 07-6, 07-12, 08-6, 09-2, 09-4, 09-5, 09-6, 10-2, 10-10, 10-12, 12-1, 12-8, 14-9, 14-10, 15-1, 15-4, 15-10, 16-1, 16-6

I.6. 99-13, 00-4, 00-9, 00-10, 01-1, 01-4, 04-6, 05-

3, 05-11, 06-6, 06-8, 07-1, 07-2, 07-5, 07-7, 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, 11-3, 11-8, 11-12, 12-1, 12-9, 14-10, 15-10, 17-2, 17-6

II.1. 60-5, 61-9, 62-5, 64-4, 65-12, 67-3, 67-10,

71-5, 75-15, 88-5, 92-6, 97-5, 98-8, 99-11, 00- 5, 00-7, 00-8, 01-3, 02-5, 02-11, 05-1, 07-8, 07-10, 08-4, 08-12, 09-1, 09-12, 10-7, 12-2, 12-11, 13-9, 13-11, 14-4, 14-12, 15-4, 15-6, 15-9, 15-11, 15-12, 16-5, 17-6

II.1.a. 60-5, 60-6, 61-4, 61-7, 61-9, 61-10, 63-10,

64-4, 65-12, 67-10, 70-4, 76-4, 79-2, 80-1, 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, 99- 11, 00-5, 02-1, 03-3, 04-5, 04-8, 05-2, 07-3, 07-11, 08-10, 08-12, 09-1, 09-3, 10-7, 12-2,

13-9, 13-11, 14-4, 14-12, 15-2, 15-6, 15-11, 16-10, 17-3

II.1.b. 88-5, 92-4, 94-4, 96-4, 97-5, 98-5, 00-2, 02-5,

03-9, 08-2, 08-12, 09-2, 09-3, 09-6, 10-7, 11- 6, 13-11, 14-4, 15-2, 15-4, 15-11, 16-1, 16-5, 16-10, 17-6

II.1.c. 82-2, 85-4, 87-2, 89-4, 89-7, 90-5, 92-6, 93-3,

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, 03-8, 04-1, 04-8, 05-1, 05-2, 05-11, 06-5, 06- 9, 07-3, 07-5, 07-11, 09-1, 09-4, 09-11, 11-9, 12-3, 12-4, 13-8, 13-11, 15-7, 16-1, 17-4, 17- 5, 17-10

II.1.d. 61-4, 71-5, 75-3, 78-1, 78-2, 92-3, 95-1, 95-2,

96-5, 98-2, 99-7, 99-13, 00-2, 01-8, 08-1, 08- 5, 08-11, 09-2, 11-6, 11-8, 12-7, 13-4, 14-6, 15-2, 16-1, 16-12

II.1.e. 84-4, 89-7, 91-9, 96-8, 97-12, 98-9, 99-7, 99-

13, 00-4, 00-5, 01-3, 01-8, 02-11, 07-5, 07-11, 08-1, 08-12, 09-4, 11-3, 11-6, 12-7, 12-8, 15- 2, 15-6, 16-1

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- 3, 12-1, 12-11, 13-4, 14-4, 15-2, 16-1, 16-12, 17-7

II.2. 85-3, 87-1, 89-1, 91-8, 93-5, 93-7, 94-8, 94-

12, 99-11, 01-7, 02-5, 03-4, 09-3, 09-8, 09-9, 10-1, 15-5, 16-2

II.2.a. 68-11, 71-2, 85-3, 86-2, 87-1, 89-1, 89-3,

90-3, 90-6, 91-5, 92-9, 93-9, 94-8, 94-12, 95- 1, 98-8, 02-5, 02-7, 09-6, 09-8, 10-8, 11-5, 11- 11, 15-6, 16-2, 17-8

II.2.b. 61-6, 61-9, 63-10, 85-3, 86-2, 88-5, 89-1,

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, 02-7, 03-9, 04-4, 06-4, 09-3, 09-6, 09-8, 11-1, 15-6, 16-2

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Board of Ethical Review Cases

23

II.2.c. 63-11, 68-11, 71-2, 78-5, 85-3, 86-2, 89-1, 89-3, 90-6, 91-8, 94-8, 94-12, 97-1, 97-7, 97- 10, 98-3, 00-8, 00-11, 01-8, 02-2, 09-6, 09-8, 15-6, 16-2

II.3. 84-1, 84-6, 91-4, 92-2, 95-7, 95-8, 95-10, 96-

9, 99-12, 01-3, 02-11, 03-10, 04-12, 05-8, 07- 8, 07-12, 08-6, 08-9, 09-1, 09-4, 12-10, 13-3, 13-6, 14-5, 15-3, 15-9, 15-12, 16-3, 16-8, 17- 5, 17-9

II.3.a. 61-9, 84-1, 85-4, 85-5, 88-2, 88-7, 89-4, 89-5,

90-4, 92-1, 92-4, 92-6, 93-4, 93-9, 94-1, 94-7, 95-2, 95-5, 95-7, 95-8, 96-11, 97-11, 97-13, 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- 2, 08-3, 08-9, 09-12, 11-7, 11-11, 12-3, 13-1, 13-6, 14-5, 14-6, 15-2, 15-3, 15-9, 15-11, 16- 1, 16-3, 16-7, 16-8, 16-10, 17-5, 17-7, 17-9

II.3.b. 63-4, 63-6, 65-9, 66-1, 69-10, 71-4, 73-3,

88-7, 90-3, 91-3, 94-10, 95-2, 95-5, 98-5, 00- 2, 01-3, 02-7, 03-10, 05-4, 06-11, 09-1, 09-4, 11-4, 11-11, 12-7, 15-3, 15-9, 16-5, 16-7, 16- 10, 17-5, 17-7

II.3.c. 65-9, 66-1, 73-9, 76-3, 88-7, 89-5, 95-2, 95-5,

01-7, 01-9, 05-4, 05-7, 07-12, 11-4, 15-9, 17- 1, 17-5

II.4. 60-4, 60-5, 60-9, 61-9, 61-10, 62-5, 62-7,

62-16, 62-21, 63-10, 66-12, 67-1, 67-3, 67-5, 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, 81-3, 81-6, 82-2, 83-4, 83-5, 85-6, 86-5, 87-3, 88-4, 88-5, 88-6, 89-2, 89-7, 91-1, 91-6, 93-1, 93-2, 93-3, 94-1, 94-7, 94-10, 94-11, 96-6, 97- 2, 97-3, 97-6, 97-12, 98-4, 98-9, 98-11, 99-3, 99-4, 99-7, 99-13, 00-11, 01-6, 02-1, 02-6, 02- 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- 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, 09-11, 10-4, 10-8, 10-10, 10-11, 11-1, 11-5, 11-11, 12-2, 12-3, 12-5, 13-3, 13-4, 13-5, 14- 1, 14-2, 14-3, 14-6, 14-7, 14-8, 14-9, 14-11, 14-12, 15-1, 15-4, 15-7, 15-8, 15-9, 15-10, 15- 11, 15-12, 16-4, 16-8, 16-9, 16-12, 17-2, 17-4, 17-6, 17-9, 17-10, 17-12

II.4.a. 64-10, 64-11, 65-15, 66-5, 67-1, 68-5, 69-8,

69-13, 70-2, 71-6, 72-2, 72-4, 72-6, 72-9, 74-4, 75-10, 85-6, 86-1, 87-4, 87-3, 88-1, 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- 3, 97-4, 97-11, 98-11, 99-2, 99-6, 99-9, 99-10, 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, 04-12, 05-7, 05-9, 05-10, 06-2, 06-3, 06-6, 06- 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, 13-1, 13-2, 13-5, 13-8, 14-1, 14-2, 14-8, 14- 10, 14-11, 14-12, 15-3, 15-8, 15-10, 16-4, 17- 1, 17-4, 17-8, 17-10, 17-11

II.4.b. 59-3, 62-7, 63-5, 64-2, 64-10, 65-2, 68-3, 68-12, 72-6, 74-6, 85-4, 89-4, 91-7, 94-1, 95- 9, 98-7, 99-2, 99-4, 99-9, 00-3, 01-2, 02-12, 03-7, 03-12, 04-10, 04-12, 05-11, 08-5, 08-8, 10-10, 11-1, 11-2, 12-5, 13-2, 14-2, 16-4, 17- 8, 17-10

II.4.c. 59-1, 59-3, 60-9, 81-4, 86-1, 87-5, 91-6, 91-7,

94-3, 95-3, 95-9, 95-11, 01-9, 02-4, 04-7, 05- 9, 06-1, 10-3, 12-4, 17-11

II.4.d. 67-1, 67-12, 70-6, 74-2, 75-7, 76-3, 77-9,

78-3, 79-1, 79-4, 82-4, 85-2, 89-6, 90-7, 92-5, 93-6, 94-5, 94-11, 95-4, 95-6, 97-1, 97-4, 01- 7, 01-11, 04-3, 04-9, 06-11, 07-9, 11-12, 12-5, 13-1, 14-1, 14-2, 14-11, 15-10

II.4.e. 64-12, 65-7, 65-10, 65-11, 70-6, 75-7, 77-9,

79-4, 82-4, 85-2, 90-7, 92-5, 95-4, 95-6, 97-1, 04-3, 07-9, 11-12, 13-1, 14-1, 14-11

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, 12-10, 13-3, 14-2, 14-6, 16-8, 17-11

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- 6, 03-11, 04-11, 05-7, 05-8, 07-4, 10-6, 10-9, 11-7, 12-8, 14-10, 16-6, 17-12

II.5.b. 60-9, 62-4, 62-12, 66-6, 66-10, 69-1, 71-9,

72-7, 74-9, 75-1, 76-6, 76-12, 77-1, 78-4, 78-7, 81-4, 83-5, 86-1, 87-4, 88-2, 92-3, 92-8, 95-3, 97-10, 98-2, 98-7, 03-4, 03-5, 05-6, 05- 9, 06-12, 10-9, 12-6, 12-9, 13-7, 15-7, 16-11, 17-11

III. 99-5 III.1. 81-3, 85-1, 90-1, 92-6, 93-4, 95-7, 95-8, 97-6,

98-6, 99-12, 99-13, 00-3, 01-10, 02-1, 03-6, 04-8, 05-5, 05-8, 05-11, 07-2, 08-1, 08-8, 10- 9, 10-12, 12-1, 13-3, 14-3, 14-9, 15-9, 16-1, 16-3, 16-12, 17-11

III.1.a. 64-1, 94-6, 95-5, 97-13, 16-7 III.1.b. 63-5, 65-12, 76-4, 77-12, 84-4, 84-5, 88-1, 91-

3, 95-5, 98-5, 99-7, 99-8, 01-4, 04-12, 09-6, 11-12, 12-2, 13-8, 14-4, 15-9, 16-1, 16-5, 16- 7, 16-8, 17-3

III.1.c. 64-2, 72-6, 97-1, 99-3, 02-8, 06-3, 07-12, 10-

2, 10-4, 14-1, 14-7, 15-10 III.1.d. 61-4, 62-8, 68-4, 69-3, 69-5, 72-10, 82-3, 00-

9, 08-6 III.1.e. 70-4, 71-5, 74-3, 84-6, 01-1, 01-9, 01-10, 01-

12, 03-10, 03-11, 05-1, 05-3, 05-5, 05-11, 06- 7, 06-10, 07-1, 11-7, 11-12, 12-7, 12-8, 14-9, 14-10, 16-4, 17-1, 17-2, 17-6

Board of Ethical Review Cases

24

III.1.f. 73-9, 75-12, 75-14, 76-7, 76-12, 77-2, 78-3, 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.2. 81-6, 00-7, 10-5, 12-10, 15-9, 15-12, 16-4, 16-

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, 84-6, 88-7, 89-6, 92-8, 98-6, 01-12, 04-7, 07- 8, 07-9, 12-9, 13-9, 15-12, 17-5, 17-7

III.2.b. 71-5, 71-7, 73-9, 74-1, 74-10, 75-4, 75-14,

76-4, 79-2, 82-5, 88-5, 88-6, 91-3, 94-8, 95-2, 97-13, 98-3, 99-7, 99-8, 00-2, 04-5, 06-4, 10- 7, 12-11, 14-4, 15-2, 15-4, 15-11

III.2.c. 60-3, 60-8, 61-4, 61-7, 61-9, 61-10, 62-4,

62-5, 62-7, 62-11, 62-12, 62-21, 63-9, 64-4, 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- 7

III.2.d. 07-6, 09-12, 11-4 III.3. 67-9, 70-1, 73-6, 74-1, 74-6, 74-7, 74-8, 75-5,

75-6, 75-7, 75-12, 75-14, 75-16, 76-7, 76-12, 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, 94-7, 94-11, 95-11, 00-3, 03-1, 04-4, 04-11, 05-7, 07-12, 08-3, 10-6, 16-6, 16-11

III.3.a. 62-2, 72-11, 73-2, 73-9, 81-5, 82-1, 83-1,

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- 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- 4, 05-5, 05-7, 05-8, 06-7, 12-3, 14-5, 14-7, 14- 12, 15-3, 16-1, 16-6, 16-7, 16-8, 17-5

III.3.b. 72-10, 78-8, 79-3, 79-5, 79-6, 79-9, 80-2, 99-

5, 01-10, 07-7 III.3.c. 72-8, 85-1, 03-10, 09-5, 17-1 III.4. 61-8, 61-9, 63-1, 63-11, 64-2, 72-5, 76-4,

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, 98-9, 03-2, 03-3, 03-8, 04-1, 04-8, 04-12, 05- 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- 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

III.4.a. 72-4, 72-5, 74-4, 77-6, 77-11, 78-10, 79-10,

80-6, 81-3, 83-1, 86-5, 88-3, 96-7, 97-2, 97-3, 97-9, 98-1, 99-1, 00-1, 00-9, 01-12, 02-12, 03- 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, 15-1, 15-8, 17-2, 17-8

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- 12, 06-2, 06-3, 06-5, 06-6, 08-3, 10-11, 11-9,

11-10, 12-12, 13-2, 13-12, 14-8, 17-1, 17-4, 17-10, 17-11

III.5. 59-3, 62-7, 62-16, 62-19, 63-5, 64-2, 64-10,

64-11, 65-15, 66-5, 67-1, 68-12, 69-8, 69-13, 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, 79-9, 80-3, 80-4, 81-3, 86-3, 91-7, 92-5, 94- 11, 06-1, 06-10, 07-1, 10-4, 10-10, 10-12, 11- 1, 11-4, 13-5, 13-8, 16-4

III.5.a. 59-1, 59-3, 60-6, 64-11, 65-1, 67-9, 76-8,

89-3, 91-7, 92-1, 93-1, 94-3, 03-5, 06-1, 09-8, 11-4, 11-5, 12-10, 16-4, 16-11

III.5.b. 79-1, 81-4, 87-5, 94-3, 95-3, 95-9, 95-11, 97-

10, 99-9, 02-4, 02-6, 04-7, 06-1, 09-8, 10-3, 11-5, 12-4, 17-11

III.6. 62-13, 64-2, 64-4, 64-6, 65-6, 65-14, 66-2,

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- 1, 01-5, 01-12, 03-6, 06-12, 07-5, 11-2, 11-12, 12-4, 13-6, 14-3, 16-11

III.6.a. 62-13, 81-2, 97-1, 98-7, 99-10, 00-10, 01-5,

11-11, 14-2 III.6.b. 68-4, 69-11, 72-10, 96-4, 97-1, 99-3, 02-8, 06-

3, 14-1, 14-7, 15-10 III.6.c. 15-10 III.7. 58-1, 61-4, 62-19, 81-3, 83-1, 83-3, 89-2, 94-

2, 94-6, 96-3, 96-10, 97-6, 97-7, 97-9, 99-5, 00-1, 00-4, 00-9, 00-12, 01-1, 02-11, 03-9, 04- 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, 14-12, 17-6

III.7.a. 65-4, 65-14, 66-8, 66-11, 66-12, 67-8, 68-5,

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- 10, 00-2, 02-2, 02-6, 03-12, 11-6, 14-12

III.7.b. 58-1, 60-2, 60-8, 62-6, 62-19, 63-2, 64-2,

69-11, 72-6, 00-12, 01-12, 11-12 III.7.c. 65-15, 00-1, 00-12, 11-4 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

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

Board of Ethical Review Cases

25

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

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 III.9.d. 06-9, 13-10, 17-2, 17-12 III.9.e. 04-7, 06-1, 10-3, 12-9, 17-1, 17-5 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

National Society of Professional Engineers 1420 King Street

Alexandria, VA 22314-2794 703/684-2800-Phone

www.nspe.org Publication Date: March 2018  Publication #1107

1-COVERS-17
2-BERREF-TOC-17
Table of Contents Page
3-BERREF-Foreward-17
4-EngCreed8x10
5-Code-2007-July
6-NSPE-Ethics Study-Guide-2018-Jan29-1
NSPE Ethics Study Guide
Introduction
NSPE Ethics Test
Steps to Ethical Engineering Decisions
NSPE Code of Ethics
Key Concepts in Engineering Ethics
Ethics Cases
NSPE Ethics Test
7-BERREF-SubjectGuide-17
8-BERREF-ConsolidatedTable-17
9-BERREF-CaseIndex-17
NSPE Code of Ethics Case Index
Ethics Section BER Case Number Ethics Section BER Case Number