Duty to Report Misconduct

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Created
2025-07-21 12:43
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The proposal practices of Engineer B and XYZ Engineers were not unethical from the perspective of the NSPE Code of Ethics. Engineer A does not have an obligation to report Engineer B’s proposal/marketing practices to the engineering licensing board in State Q. Engineer B’s proposal/marketing practices would constitute professional misconduct per licensure law in State Z, and Engineer A has a clear obligation to report to the engineering licensing board in State Z.

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BER Case 76-4 addressed the duty to report likely environmental damage to appropriate regulatory authorities. Engineer Doe was retained by an industry to evaluate whether a proposed change in their manufacturing process would result in meeting minimum water quality standards. Doe concluded that the change would not meet minimum standards and apprised the client of that decision. The client terminated Doe’s contract and asked Doe not to write a report. Subsequently, another engineer unaware of factors that Doe had recognized, presented the view at a public hearing that the industry would meet minimum standards. The BER concluded that Doe had an obligation to report Doe’s observations to the applicable regulatory authority. In BER Case 02-11 , Engineer A had provided an anonymous complaint to the engineering licensing board regarding the misconduct of Engineer B. The BER was tasked with evaluating whether filing the complaint anonymously was unethical. The BER concluded that Engineer A had a clear obligation to report information on misconduct to the engineering licensing board. On the matter of an anonymous complaint, the BER considered that a signed complaint would have been better to facilitate the licensing board’s investigation, and fairer to the complainant, but concluded in this case that an anonymous letter was better than no letter at all and was ethical. Turning to the current case, XYZ Engineers’ proposal clearly indicated that Engineer B was in responsible charge of certain listed projects while in the previous employment of another firm. That qualifier was not repeated within the specific descriptions of each of those projects. Under the NSPE Code of Ethics, did this constitute “misrepresentation…of qualifications” as referenced in II.5.a? That might be dependent upon how noticeable the “in previous employment” description was in the body of the proposal. With respect to giving credit to proprietary interests as referenced in Professional Obligation I...

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Engineer A works in a metropolitan area bordering on two states, and designs bridges and culverts as an employee of ABC Consultants, working in both State Q and State Z. ABC’s competitors, XYZ Engineers, hired a new project manager, Engineer B, with extensive experience in responsible charge of projects in another region, and began to market bridge and culvert designs in both states. Engineer B’s projects completed while in previous employment did not involve proprietary design concepts, and the capabilities of project team members on those projects were within Engineer B’s areas of expertise.XYZ Engineers’ qualifications statements accompanying their project proposals clearly indicate their projects in the body of the proposal. In addition, at the beginning of an individual qualification section, Engineer B’s projects for a different firm are identified as a part of Engineer B’s experience, identifying the prior employer and the associated client for each project. However, while this notice appears to indicate an intent to provide transparency, this notice was not included in all paragraphs of the lengthy individual descriptions of those projects.Engineer A questions whether this proposal/marketing practice is misleading to clients and unethical. Engineer A decides to review the NSPE Code of Ethics and the engineering licensing board law and rules of professional conduct in both states. The State Q Licensing Board Rules, patterned after the NCEES Model Rules, indicate in relevant part that “presentations incidental to the solicitation of employment shall not misrepresent facts concerning employers, employees, associates, joint ventures or past accomplishments”.Engineer Q finds that the Rules in State Z, which have a long and unique legislative history, are much more specific, indicating in part that “a licensee who has been an employee of another design firm may not claim unconditional credit for design projects contracted for in the name of a previous employer”, a...

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Are the proposal techniques of Engineer B ethical with respect to the NSPE Code of Ethics? Does Engineer A have an obligation to report a violation to the Engineering Licensing Board in State Q? In State Z?

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II.5. Engineers shall avoid deceptive acts. Subject Reference Advertising II.5.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. Subject Reference Misrepresentation/Omission of Facts III.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. Subject Reference Public Statements and Criticism Unethical Practice by Others III.8.a. Engineers shall conform with state registration laws in the practice of engineering. Subject Reference Licensure Laws III.9. Engineers shall give credit for engineering work to those to whom credit is due, and will recognize the proprietary interests of others. Subject Reference Credit for Engineering Work Proprietary Interests III.9.a. Engineers shall, whenever possible, name the person or persons who may be individually responsible for designs, inventions, writings, or other accomplishments. Subject Reference Credit for Engineering Work
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D-tuple Component Breakdown

59

Total Entities

9/9

Components Populated

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Roles R
w=0.12 384D
Engineer B Project Manager
New project manager at XYZ Engineers whose prior-firm project experience is presented in XYZ's qualifications...
Board of Ethical Review
Evaluates whether the XYZ Engineers proposal misrepresented qualifications under NSPE Code II.5.a and III.9,...
Engineer A Design Engineer
Questions whether XYZ Engineers' proposal and marketing practice is misleading to clients and unethical, reviews the...
XYZ Engineers Provider Firm
Markets bridge and culvert designs in both states and issues qualifications statements crediting Engineer B's...
XYZ Engineers Employer
Employing organization of Engineer B, the newly hired project manager.
ABC Consultants Employer
Employing organization of Engineer A and a competitor of XYZ Engineers in the bridge and culvert design market in...
State Q Licensing Board
State licensure body whose rules prohibit misrepresentation in presentations incidental to the solicitation of...
State Z Licensing Board
State licensure body whose specific rules bar a licensee from claiming unconditional credit for a previous...
Prospective Clients
The clients to whom XYZ Engineers' project proposals and qualifications statements are directed, and who may be...
Previous Design Firm Employer
The prior employer in whose name Engineer B's earlier design projects were contracted, identified along with the...
10 entities
Principles P
w=0.2 384D
Transparency in Prior-Project Disclosure
XYZ Engineers' qualifications statements identify Engineer B's projects for a different firm as part of his...
Clarity in Firm Responsibility Differentiation
The Board's guidance that ethical practice would lead Engineer B to be as clear as possible in differentiating which...
Honesty in Qualifications Presentation
The Board's assessment of whether XYZ Engineers' proposal, which stated Engineer B was in responsible charge of...
Honesty in Qualifications Marketing
Engineer A questions whether XYZ Engineers' practice of presenting Engineer B's prior-firm projects in its...
Jurisdictional Rules Deference in Reporting
The Board reaches divergent conclusions for the two states based on their differing rules, finding no...
5 entities
Obligations O
w=0.15 384D
Engineer A State Z Reporting Duty
Engineer A must report the misconduct of Engineer B and XYZ Engineers to the engineering licensing board in State Z.
Engineer B Prior Project Attribution Duty
Under the State Z rules, any list of Engineer B's design projects contracted for in the name of the previous...
Engineer A Violation Reporting Duty
Engineer A, as a licensee in both states, must report to each Board of Licensure in writing if he has knowledge or...
Engineer B State Z Attribution Duty
Engineer B must, next to each specific project listing in the qualifications presentation, name the previous firm...
XYZ Engineers State Z Attribution Duty
XYZ Engineers must, next to each specific project listing in its qualifications statements, name the previous firm...
Engineer A Jurisdictional Rules Review Duty
Engineer A, when considering reporting the practices of Engineer B and XYZ Engineers, must look to the specific...
6 entities
States S
w=0.1 384D
XYZ Partial Attribution Disclosure
State Z Presentation Misconduct
State Q Reporting Obligation Absence
Engineer A Ethical Uncertainty
Two State Attribution Rules In Force
Mandatory Violation Reporting Requirement
State Rule Specificity Variation
Engineer B Prior Project Competence
8 entities
Resources Rs
w=0.1 384D
State Q Licensing Board Rules
State Q Licensing Board Rules (topic: misrepresentation of facts in presentations incidental to solicitation of...
NSPE Code of Ethics
NSPE Code of Ethics (topic: ethical standards for engineering proposal and marketing practices)
State Z Licensing Board Rules
State Z Licensing Board Rules (topic: credit claims for design projects performed for a previous employer, and...
NCEES Model Rules
NCEES Model Rules (topic: model rules for state engineering licensure boards)
State Q Rules of Professional Conduct
State Q Rules (topic: misrepresentation of facts concerning past accomplishments in employment solicitations)
State Z Rules of Professional Conduct
State Z Rules (topic: required attribution of previous firm and specific role in project listings within proposals)
6 entities
Actions A
w=0.1 384D
Prior Project Execution
Project Manager Hiring
Qualification Statement Presentation
Disclosure Omission
Ethics Questioning
Code and Rules Review
Reporting Deliberation
Board Determination
8 entities
Events E
w=0.08 384D
Rule Divergence Discovery
Misconduct Constitution
Reporting Duty Activation
Reporting Obligation Confirmation
4 entities
Capabilities Ca
w=0.07 384D
Engineer B Responsible Charge
Engineer B was hired by XYZ Engineers as a project manager with extensive experience in responsible charge of...
Engineer B Prior Firm Credit
Engineer B exercised the competence to represent past accomplishments accurately by giving credit to both the...
Engineer A Bridge Culvert Design
Engineer A designs bridges and culverts as an employee of ABC Consultants, practicing in both State Q and State Z.
Engineer B Areas of Expertise
The capabilities of project team members on Engineer B's prior-employment projects were within Engineer B's areas of...
Engineer A Rules Review
Engineer A reviews the NSPE Code of Ethics and the licensing board laws and rules of professional conduct in both...
Engineer A Misleading Practice Recognition
Engineer A perceives that XYZ Engineers' proposal and marketing practice may be misleading to clients and unethical,...
Engineer A Board Reporting
Engineer A, as a licensee in both states, holds the capacity to report knowledge or belief of a rules violation to...
XYZ Engineers Qualification Representation
XYZ Engineers' qualifications statements identify Engineer B's prior-firm projects as part of his experience, naming...
Board of Ethical Review Misrepresentation Threshold Judgment
The Board of Ethical Review exercises the competence to discriminate whether XYZ Engineers' presentation, which...
Engineer A Jurisdictional Rules Assessment
Engineer A's reporting decision presupposes the competence to look to the specific Rules of Professional Conduct of...
10 entities
Constraints Cs
w=0.08 384D
Engineer B State Z Attribution Boundary
Engineer B must not list design projects contracted for in the name of his previous employer without, next to the...
XYZ Engineers State Z Attribution Boundary
XYZ Engineers must not present Engineer B's prior-employer design projects in its qualifications statements without,...
2 entities
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