Duty To Report Violation—Anonymous Complaint
Case 116
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2026-02-13 16:13
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It was ethical for Engineer A to submit an anonymous letter to the state engineering licensure board as long as the state engineering licensure board has a procedure for accepting anonymous complaints.
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The duty of engineers to come forward with information on ethical violations by other engineers is a basic ethical obligation. Engineering, like other profession, is a self-policing profession whereby licensed professional engineers have a fundamental obligation to report instances of unprofessional conduct to the appropriate public authorities.
The NSPE Board of Ethical Review (Board) has addressed issues relating to the obligations of engineers to report violations and improper actions in the past—although not specifically under the circumstances described in the present case. In BER Case 89-7, Engineer A was retained to investigate the structural integrity of a 60-year old occupied apartment building which his client was planning to sell. Under the terms of the agreement with the client, the structural report written by Engineer A was to remain confidential. In addition, the client made clear to Engineer A that the building is being sold “as is” and he is not planning to take any remedial action to repair or renovate any system within the building prior to its sale. Engineer A performed several structural tests on the building and determined that the building is structurally sound. However, during the course of providing services, the client confided in Engineer A and informed him that the building contained deficiencies in the electrical and mechanical systems which violate applicable codes and standards. While Engineer A was not an electrical nor mechanical engineer, he did realize those deficiencies could cause injury to the occupants of the building and so informs the client. In his report, Engineer A made a brief mention of his conversation with the client concerning the deficiencies. However, in view of the terms of the agreement, Engineer A did not report the safety violations to any third party. In ruling that it was unethical for Engineer A not to report the safety violations to the appropriate public authorities, the Board highlighted the engineer’s pr...
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Engineer A observes what he believes is a serious violation of the state board’s rules of professional conduct by Engineer B. Engineer A is not a competitor of Engineer B and does not know Engineer B personally. Thereafter, Engineer A submits an anonymous complaint to the state engineering licensure board identifying Engineer B and the circumstances surrounding the alleged violation of the state board’s rules of professional conduct.
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2026-02-13 16:13
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Was it ethical for Engineer A to submit an anonymous letter to the state engineering licensure board?
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Find Similar CasesD-tuple Component Breakdown
27
Total Entities8/9
Components Populated8/9
With EmbeddingsCombined Embedding
Roles
R
w=0.12
384D
NSPE Board of Ethical Review
Adjudicates whether Engineer A's anonymous complaint was ethical, holds that Engineer A had a fundamental ethical...
Engineer B Accused Engineer
The engineer against whom Engineer A's anonymous complaint was made. The discussion notes that Engineer B arguably...
Engineer A Engineer
Observed what he believed was a serious violation of the state board's rules of professional conduct by Engineer B,...
State Engineering Licensure Board
The state licensure body whose rules of professional conduct Engineer B allegedly violated, and which received the...
4 entities
Principles
P
w=0.2
384D
Misconduct Reporting by Engineer A
Engineer A, who is not a competitor of Engineer B and does not know him personally, submits an anonymous complaint...
Public Welfare in Anonymous Complaint
The Board reasons that a legitimate anonymous complaint accomplishes a great deal more than no complaint at all,...
Fairness to Accused Engineer B
The Board acknowledges that Engineer B arguably should have some idea of who made the charge against him in order to...
3 entities
Obligations
O
w=0.15
384D
Engineer A Board Cooperation Duty
Engineer A must cooperate with the state engineering licensure board as required by the plain language of the NSPE Code.
Engineer A Misconduct Reporting Duty
Engineer A shall report to the state engineering licensure board the serious violation of the state board's rules of...
2 entities
States
S
w=0.1
384D
Engineer A Belief Of Violation
No Conflict With Engineer B
Alleged Violation Reported To Board
Anonymous Complaint Against Engineer B
Anonymity Case Weakening Risk
Board Reporting Precedent Guidance
6 entities
Resources
Rs
w=0.1
384D
BER Case 89-7
BER Case 89-7 (topic: duty to report safety violations to public authorities despite a client confidentiality agreement)
State Board Rules of Professional Conduct
state board's rules of professional conduct (topic: professional conduct requirements for licensed engineers)
NSPE Code of Ethics
NSPE Code of Ethics (topic: professional and ethical duties of engineers, including the paramount duty to public...
3 entities
Actions
A
w=0.1
384D
Violation Reporting Decision
Anonymous Complaint Submission
Board Ethical Determination
3 entities
Events
E
w=0.08
384D
Violation Observation
Alleged Rule Violation
2 entities
Capabilities
Ca
w=0.07
384D
NSPE Board Precedent Reasoning
The Board retrieves its past opinions on the duty to report violations, notes that none arose under the present...
Engineer A Violation Recognition
Engineer A exercised the competence to perceive an ethically salient condition by recognizing what he believed was a...
Engineer A Complaint Reporting
Engineer A exercised the competence to communicate material facts to the party entitled to them by submitting a...
NSPE Board Ethical Reasoning
The Board weighs the fairness argument that Engineer B should have some idea of who made the charge and the risk...
4 entities
Constraints
Cs
w=0.08
No entities extracted
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