Step 2: Normative Requirements Pass (Discussion Section)
Extract principles, obligations, constraints, and capabilities from the discussion section
Misrepresentation of Qualifications
Step 2 of 5
Discussion Section
Section Content:
Discussion: Issues of identification as an engineer, achievement of a professional engineer’s license, and duties of disclosure have come to the Board of Ethical Review with some regularity. For example, in BER Case 95-10 , ENGCO referred in sale materials to key personnel as “Engineer” and “Design Engineer,” when those personnel were not licensed, did not have engineering degrees, and, in fact, did not have college degrees of any sort. ENGCO’s references were consistent with federal agency contracts that referred to inspection personnel as “Engineers.” However, ENGCO made inquiry of the BER because of concerns that these references violated the Code of Ethics. The BER agreed with ENGCO that these references likely violated the Code’s requirements that public statements be truthful, that engineers are to avoid deceptive acts, and that engineers are not to falsify their qualifications or permit misrepresentations of their qualifications. [The BER noted that, in some jurisdictions (at some points in time), non-degreed individuals could qualify for licensure and could legitimately use the title.] Thus, using a title to which one is not entitled is unethical. Similarly, in BER Case 04-11 , four different self-designation situations were evaluated, but only the first three are of interest here. (1) Engineer is licensed in States B, C, and D, but hands out business cards at a business meeting in State E. The business card states NO physical address. The BER found this to be unacceptable, because, although handing out a business card is an expression of accepted business etiquette and does not automatically become an offer to do work, the absence of a physical address creates confusion and the appearance of deception about licensure. In the second situation (2), Engineer’s business card clearly identifies the states in which a license is held and that Engineer’s business address is in another state, one in which no license is held. The BER noted a conventional assumption that, absent other information, an Engineer with a “P. E.” designation is licensed in the state of the specified address. However, in this case, Engineer clearly did not list the address state as a state in which a license was held. Clarity was provided and ethical conformity was preserved. Likewise, in the third situation (3), Engineer’s business card has an address in State B, but states that Engineer is licensed only in State C. Engineer performs engineering work in State C and non-engineering consulting in State B. As in the second situation, clarity was provided and ethical conformity was preserved. In BER Case 19-3 , Engineer A, a forensic mechanical engineer, chairs a boiler code standards and safety committee within an engineering society, while Engineer B, also a forensic mechanical engineer, is a member of one of the technical subcommittees. Engineer B is retained as an expert by Plaintiff’s attorney in a boiler explosion case. Engineer A is approached by Defendant’s attorney to serve as an expert in the case. The BER held as follows: “Engineer A is serving as a volunteer to a technical society standards-setting committee to develop fact-based objective technical codes and standards for the benefit of the public. It would appear that Engineer A would be offering opinions as a mechanical engineer with expertise in safety engineering independent of any role as the safety codes and standards chair. While Engineer A’s opinion may be informed somewhat by [the] experience in working with safety codes and standards, presumably Engineer A will exercise independent judgment and discretion in rendering his opinion. . . . [T]here does not appear to be any conflict. . . . At the same time, Engineer A should be mindful of certain critical obligations clearly required under the facts. First, Engineer A has an obligation to (1) fully disclose to Attorney X his role as the chairman of the boiler code standards and safety committee within an engineering society and (2) advise [Defendant’s attorney] that Engineer B serves as a member of one of the technical subcommittees within the boiler code standards and safety committee. In addition, Engineer A also has an obligation to “. . . not engage in any written or verbal exchanges with Engineer B regarding the pending litigation without direction from legal counsel.” Finally, in BER Case 20-1 , Engineer Intern explained to a prospective employer the intention to take the PE exam in the coming weeks, but was not asked and did not disclose two previous failures to pass the PE exam. The question was whether the failure to disclose constituted the omission of a material fact. In light of the employer’s decision to offer employment with the full knowledge that the Engineer Intern had not passed the PE exam, the BER concluded that the omission was not material and, therefore, not unethical. Turning to the facts of the present situation, there are two questions. First, was it ethical for Engineer A to provide expert services in State M, a state in which Engineer A is not licensed? Second, was it ethical for Engineer A to sign the report as “Consultant A, Board-certified Diplomate in Forensic Engineering.” It should be noted that Engineer A was retained to provide non-engineering expert services. So long as Engineer A was qualified as an expert without relying on engineering qualifications (education, experience, and examination), Engineer A is not precluded or restricted by the NSPE Code of Ethics from providing those non-engineering expert services. However, Engineer A was clearly sensitive to the issue of State M licensing, because Engineer A was careful to exclude the P. E. designation from the signature block of the report. Unfortunately, by claiming the credential of Board-certified Diplomate of Forensic Engineering, Engineer A claimed the “E” word, “Engineer.” Furthermore, the most cursory inquiry would show that a Board-certified Diplomate in Forensic Engineering is required to be a licensed Professional Engineer. In accordance with the findings of Case 95-10 , incorporating “Engineer” or “Engineering” into one’s title without actually having the credential, is unethical. Furthermore, incorporating “Engineer” or “Engineering” into Engineer A’s signature brought Engineer A under the purview of State M’s licensing law, with which Engineer A was not in compliance. That constitutes unlicensed practice, which is both unethical and unlawful. It should be acknowledged that Case 04-11 , situation (3) clearly contemplates that engineers who qualify as experts in non-engineering areas may provide those non-engineering services in jurisdictions in which they are not licensed. This presumes that the engineer is not offering opinions about science and/ or mathematics directly related to his/her engineering qualifications.
Principles Extraction
LLM Prompt
DUAL PRINCIPLE EXTRACTION - Ethical Principles Analysis
THEORETICAL CONTEXT (Chapter 2.2.2):
- Principles are ABSTRACT ethical foundations requiring extensional definition through cases
- They function like constitutional principles - open-textured and requiring interpretation
- Principles mediate moral ideals into concrete reality through context-specific application
- They cannot be applied deductively but require balancing and interpretation
EXISTING PRINCIPLE CLASSES IN ONTOLOGY:
- Competence Principle: Balances professional autonomy with recognition of limitations and need for collaboration.
- Confidentiality Principle: Must be balanced against public safety obligations and legal disclosure requirements.
- Domain-Specific Principle: Examples: Environmental Stewardship (engineering), Patient Autonomy (medicine), Academic Freedom (education). These address domain-specific ethical ch
- Environmental Stewardship Principle: Bridges engineering practice with broader environmental and societal responsibilities.
- Ethical Principle: Legacy synonym for Principle. Use :Principle for new concepts.
- Fundamental Ethical Principle: Examples: Public Welfare Paramount, Respect for Persons, Justice, Beneficence. These require extensive interpretation and balancing in specific contex
- Integrity Principle: Central to professional identity formation and trust maintenance in professional relationships.
- Principle: An information content entity representing ethical values and guidelines for conduct. This is the P component of the formal specification D=(R,P,O,S,R
- Principle Argument: An argument based on fundamental ethical principles or values.
- Principle Refinement: Capability to evolve principles as inconsistencies are resolved and new cases are added (GenEth system, Anderson & Anderson 2018)
- Professional Virtue Principle: Examples: Integrity, Competence, Honesty, Professional Courage, Accountability. These shape professional character and decision-making.
- Public Welfare Principle: Requires contextual interpretation to balance against client confidentiality and employer loyalty when public safety is at risk.
- Relational Principle: Examples: Confidentiality, Loyalty, Fairness, Transparency, Respect for Autonomy. These govern interpersonal professional dynamics.
- Transparency Principle: Essential for maintaining trust and enabling stakeholder participation in professional decisions.
=== TASK ===
From the following case text (discussion section), extract information at TWO levels:
LEVEL 1 - NEW PRINCIPLE CLASSES: Identify ethical principles that appear to be NEW types not covered by existing classes above. Look for:
- Fundamental ethical values being invoked
- Abstract moral ideals guiding decisions
- Constitutional-like principles requiring interpretation
- Values that transcend specific rules or obligations
For each NEW principle class, provide:
- label: Clear principle name (e.g., "Environmental Stewardship", "Professional Autonomy")
- definition: What moral ideal this principle represents
- abstract_nature: The abstract ethical foundation (justice, welfare, autonomy, etc.)
- extensional_examples: Concrete cases/situations where this principle applies
- value_basis: Core moral value underlying the principle
- application_context: Professional domains or situations where relevant
- operationalization: How this abstract principle becomes concrete in practice
- balancing_requirements: What other principles it typically must be balanced against
- examples_from_case: How this principle appears in the case text
LEVEL 2 - PRINCIPLE INDIVIDUALS: Identify specific instances where principles are invoked or applied. For each instance:
- identifier: Unique identifier for this principle instance (e.g., "PublicSafety_Case8_Discussion")
- principle_class: Which principle class it instantiates (use existing classes when possible)
- concrete_expression: EXACT text showing how the principle is expressed
- invoked_by: Who invokes or appeals to this principle
- applied_to: What decision/situation/dilemma it applies to
- interpretation: How the principle is interpreted in this specific context
- balancing_with: Other principles that must be balanced against it
- tension_resolution: How conflicts between principles are resolved
- case_relevance: Why this principle matters in this specific case
IMPORTANT:
- Focus on ABSTRACT ethical foundations, not specific rules or procedures
- Principles are broader than obligations - they generate obligations in context
- Use EXACT quotes from case text where principles are expressed
- Distinguish between the abstract principle CLASS and its concrete APPLICATION
CASE TEXT:
Issues of identification as an engineer, achievement of a professional engineer’s license, and duties of disclosure have come to the Board of Ethical Review with some regularity. For example, in BER Case 95-10 , ENGCO referred in sale materials to key personnel as “Engineer” and “Design Engineer,” when those personnel were not licensed, did not have engineering degrees, and, in fact, did not have college degrees of any sort. ENGCO’s references were consistent with federal agency contracts that referred to inspection personnel as “Engineers.” However, ENGCO made inquiry of the BER because of concerns that these references violated the Code of Ethics. The BER agreed with ENGCO that these references likely violated the Code’s requirements that public statements be truthful, that engineers are to avoid deceptive acts, and that engineers are not to falsify their qualifications or permit misrepresentations of their qualifications. [The BER noted that, in some jurisdictions (at some points in time), non-degreed individuals could qualify for licensure and could legitimately use the title.] Thus, using a title to which one is not entitled is unethical.
Similarly, in BER Case 04-11 , four different self-designation situations were evaluated, but only the first three are of interest here. (1) Engineer is licensed in States B, C, and D, but hands out business cards at a business meeting in State E. The business card states NO physical address. The BER found this to be unacceptable, because, although handing out a business card is an expression of accepted business etiquette and does not automatically become an offer to do work, the absence of a physical address creates confusion and the appearance of deception about licensure.
In the second situation (2), Engineer’s business card clearly identifies the states in which a license is held and that Engineer’s business address is in another state, one in which no license is held. The BER noted a conventional assumption that, absent other information, an Engineer with a “P.E.” designation is licensed in the state of the specified address. However, in this case, Engineer clearly did not list the address state as a state in which a license was held. Clarity was provided and ethical conformity was preserved.
Likewise, in the third situation (3), Engineer’s business card has an address in State B, but states that Engineer is licensed only in State C. Engineer performs engineering work in State C and non-engineering consulting in State B. As in the second situation, clarity was provided and ethical conformity was preserved.
In BER Case 19-3 , Engineer A, a forensic mechanical engineer, chairs a boiler code standards and safety committee within an engineering society, while Engineer B, also a forensic mechanical engineer, is a member of one of the technical subcommittees. Engineer B is retained as an expert by Plaintiff’s attorney in a boiler explosion case. Engineer A is approached by Defendant’s attorney to serve as an expert in the case. The BER held as follows: “Engineer A is serving as a volunteer to a technical society standards-setting committee to develop fact-based objective technical codes and standards for the benefit of the public. It would appear that Engineer A would be offering opinions as a mechanical engineer with expertise in safety engineering independent of any role as the safety codes and standards chair. While Engineer A’s opinion may be informed somewhat by [the] experience in working with safety codes and standards, presumably Engineer A will exercise independent judgment and discretion in rendering his opinion. . . . [T]here does not appear to be any conflict. . . . At the same time, Engineer A should be mindful of certain critical obligations clearly required under the facts. First, Engineer A has an obligation to (1) fully disclose to Attorney X his role as the chairman of the boiler code standards and safety committee within an engineering society and (2) advise [Defendant’s attorney] that Engineer B serves as a member of one of the technical subcommittees within the boiler code standards and safety committee. In addition, Engineer A also has an obligation to “. . . not engage in any written or verbal exchanges with Engineer B regarding the pending litigation without direction from legal counsel.”
Finally, in BER Case 20-1 , Engineer Intern explained to a prospective employer the intention to take the PE exam in the coming weeks, but was not asked and did not disclose two previous failures to pass the PE exam. The question was whether the failure to disclose constituted the omission of a material fact. In light of the employer’s decision to offer employment with the full knowledge that the Engineer Intern had not passed the PE exam, the BER concluded that the omission was not material and, therefore, not unethical.
Turning to the facts of the present situation, there are two questions. First, was it ethical for Engineer A to provide expert services in State M, a state in which Engineer A is not licensed? Second, was it ethical for Engineer A to sign the report as “Consultant A, Board-certified Diplomate in Forensic Engineering.”
It should be noted that Engineer A was retained to provide non-engineering expert services. So long as Engineer A was qualified as an expert without relying on engineering qualifications (education, experience, and examination), Engineer A is not precluded or restricted by the NSPE Code of Ethics from providing those non-engineering expert services. However, Engineer A was clearly sensitive to the issue of State M licensing, because Engineer A was careful to exclude the P.E. designation from the signature block of the report. Unfortunately, by claiming the credential of Board-certified Diplomate of Forensic Engineering, Engineer A claimed the “E” word, “Engineer.” Furthermore, the most cursory inquiry would show that a Board-certified Diplomate in Forensic Engineering is required to be a licensed Professional Engineer. In accordance with the findings of Case 95-10 , incorporating “Engineer” or “Engineering” into one’s title without actually having the credential, is unethical.
Furthermore, incorporating “Engineer” or “Engineering” into Engineer A’s signature brought Engineer A under the purview of State M’s licensing law, with which Engineer A was not in compliance. That constitutes unlicensed practice, which is both unethical and unlawful.
It should be acknowledged that Case 04-11 , situation (3) clearly contemplates that engineers who qualify as experts in non-engineering areas may provide those non-engineering services in jurisdictions in which they are not licensed. This presumes that the engineer is not offering opinions about science and/ or mathematics directly related to his/her engineering qualifications.
Respond with valid JSON in this format:
{
"new_principle_classes": [
{
"label": "Sustainable Development",
"definition": "Principle that engineering solutions must balance current needs with long-term environmental and societal impacts",
"abstract_nature": "Intergenerational justice and environmental stewardship",
"extensional_examples": ["Green building design", "Renewable energy projects", "Resource conservation"],
"value_basis": "Responsibility to future generations",
"application_context": ["Infrastructure projects", "Environmental engineering", "Urban planning"],
"operationalization": "Through environmental impact assessments, lifecycle analysis, sustainable design criteria",
"balancing_requirements": ["Economic feasibility", "Immediate safety needs", "Client requirements"],
"examples_from_case": ["Engineer considered long-term environmental impacts", "balanced immediate needs with sustainability"],
"source_text": "Engineer considered long-term environmental impacts and balanced immediate needs with sustainability"
}
],
"principle_individuals": [
{
"identifier": "PublicSafety_Case8_Facts",
"principle_class": "Public Safety",
"concrete_expression": "the safety of the public must be held paramount",
"invoked_by": ["Engineer L"],
"applied_to": ["stormwater management system design"],
"interpretation": "Safety considerations override cost savings in drainage design",
"source_text": "the safety of the public must be held paramount",
"balancing_with": ["Cost Efficiency", "Client Interests"],
"tension_resolution": "Safety takes precedence even if it increases project costs",
"case_relevance": "Critical for evaluating adequacy of proposed drainage solution"
}
]
}
Saved: 2025-12-29 22:35
LLM Response
```json
{
"new_principle_classes": [
{
"label": "Professional Title Integrity",
"definition": "Principle that professional titles and credentials must be used accurately and without deception to maintain public trust",
"abstract_nature": "Truthfulness and authenticity in professional representation",
"extensional_examples": ["Using P.E. designation only where licensed", "Accurate representation of qualifications on business cards", "Clear disclosure of licensure limitations"],
"value_basis": "Public trust and professional honesty",
"application_context": ["Multi-jurisdictional practice", "Expert witness testimony", "Business development", "Professional networking"],
"operationalization": "Through clear disclosure of licensure status, accurate use of titles, transparent communication about qualifications",
"balancing_requirements": ["Business etiquette", "Marketing effectiveness", "Professional courtesy"],
"examples_from_case": ["Using a title to which one is not entitled is unethical", "absence of a physical address creates confusion and the appearance of deception about licensure"],
"source_text": "using a title to which one is not entitled is unethical"
},
{
"label": "Jurisdictional Compliance",
"definition": "Principle requiring engineers to respect and comply with the licensing laws and regulations of each jurisdiction where they practice",
"abstract_nature": "Legal and professional boundary respect",
"extensional_examples": ["State-specific licensure requirements", "Cross-border practice limitations", "Expert witness jurisdictional issues"],
"value_basis": "Rule of law and professional legitimacy",
"application_context": ["Interstate practice", "Expert witness services", "Consulting across state lines"],
"operationalization": "Through verification of licensure requirements, clear disclosure of licensed states, avoiding practice where not licensed",
"balancing_requirements": ["Client needs", "Business opportunities", "Professional expertise"],
"examples_from_case": ["Engineer A was clearly sensitive to the issue of State M licensing", "brought Engineer A under the purview of State M's licensing law"],
"source_text": "brought Engineer A under the purview of State M's licensing law, with which Engineer A was not in compliance"
}
],
"principle_individuals": [
{
"identifier": "Truthfulness_Case95-10",
"principle_class": "Integrity Principle",
"concrete_expression": "the Code's requirements that public statements be truthful",
"invoked_by": ["BER"],
"applied_to": ["ENGCO's use of 'Engineer' title for unlicensed personnel"],
"interpretation": "Public statements about qualifications must be accurate regardless of federal agency terminology",
"source_text": "the Code's requirements that public statements be truthful",
"balancing_with": ["Business conventions", "Federal agency terminology"],
"tension_resolution": "Truthfulness overrides conventional usage that might mislead",
"case_relevance": "Establishes that using unearned titles violates ethical truthfulness requirements"
},
{
"identifier": "AvoidDeception_Case95-10",
"principle_class": "Integrity Principle",
"concrete_expression": "engineers are to avoid deceptive acts",
"invoked_by": ["BER"],
"applied_to": ["ENGCO's personnel designations"],
"interpretation": "Any act that could mislead about qualifications is deceptive",
"source_text": "engineers are to avoid deceptive acts",
"balancing_with": ["Industry conventions"],
"tension_resolution": "Clarity and accuracy required even if industry uses loose terminology",
"case_relevance": "Reinforces prohibition against misleading professional representations"
},
{
"identifier": "QualificationIntegrity_Case95-10",
"principle_class": "Professional Title Integrity",
"concrete_expression": "engineers are not to falsify their qualifications or permit misrepresentations of their qualifications",
"invoked_by": ["BER"],
"applied_to": ["Use of engineering titles by non-qualified personnel"],
"interpretation": "Both active falsification and passive permission of misrepresentation are unethical",
"source_text": "engineers are not to falsify their qualifications or permit misrepresentations of their qualifications",
"balancing_with": ["Business practices", "Client expectations"],
"tension_resolution": "Accurate representation required regardless of business pressures",
"case_relevance": "Core principle violated by using unearned engineering titles"
},
{
"identifier": "Transparency_Case04-11_Situation1",
"principle_class": "Transparency Principle",
"concrete_expression": "the absence of a physical address creates confusion and the appearance of deception about licensure",
"invoked_by": ["BER"],
"applied_to": ["Business card without physical address in unlicensed state"],
"interpretation": "Omission of clarifying information can constitute deception",
"source_text": "the absence of a physical address creates confusion and the appearance of deception about licensure",
"balancing_with": ["Business etiquette", "Networking efficiency"],
"tension_resolution": "Clarity required even in casual business interactions",
"case_relevance": "Shows that transparency requires proactive clarity about licensure status"
},
{
"identifier": "Clarity_Case04-11_Situation2",
"principle_class": "Transparency Principle",
"concrete_expression": "Clarity was provided and ethical conformity was preserved",
"invoked_by": ["BER"],
"applied_to": ["Business card clearly listing licensed states"],
"interpretation": "Clear disclosure of licensure limitations satisfies ethical requirements",
"source_text": "Clarity was provided and ethical conformity was preserved",
"balancing_with": ["Marketing effectiveness"],
"tension_resolution": "Transparency enables ethical practice across jurisdictions",
"case_relevance": "Demonstrates how clear disclosure resolves potential ethical issues"
},
{
"identifier": "FullDisclosure_Case19-3",
"principle_class": "Transparency Principle",
"concrete_expression": "Engineer A has an obligation to (1) fully disclose to Attorney X his role as the chairman of the boiler code standards and safety committee",
"invoked_by": ["BER"],
"applied_to": ["Expert witness service with potential conflicts"],
"interpretation": "Full disclosure of all relevant professional roles required",
"source_text": "Engineer A has an obligation to (1) fully disclose to Attorney X his role as the chairman of the boiler code standards and safety committee",
"balancing_with": ["Professional opportunities", "Confidentiality"],
"tension_resolution": "Disclosure required to enable informed consent",
"case_relevance": "Shows disclosure obligations in expert witness contexts"
},
{
"identifier": "IndependentJudgment_Case19-3",
"principle_class": "Competence Principle",
"concrete_expression": "Engineer A will exercise independent judgment and discretion in rendering his opinion",
"invoked_by": ["BER"],
"applied_to": ["Expert witness testimony despite committee role"],
"interpretation": "Professional roles must not compromise independent expert judgment",
"source_text": "Engineer A will exercise independent judgment and discretion in rendering his opinion",
"balancing_with": ["Committee responsibilities", "Standards development role"],
"tension_resolution": "Independent judgment must be maintained despite other roles",
"case_relevance": "Affirms ability to serve as expert while maintaining independence"
},
{
"identifier": "JurisdictionalCompliance_CurrentCase",
"principle_class": "Jurisdictional Compliance",
"concrete_expression": "incorporating 'Engineer' or 'Engineering' into Engineer A's signature brought Engineer A under the purview of State M's licensing law, with which Engineer A was not in compliance",
"invoked_by": ["BER"],
"applied_to": ["Engineer A's expert services in State M"],
"interpretation": "Using engineering titles triggers licensing requirements regardless of service type",
"source_text": "incorporating 'Engineer' or 'Engineering' into Engineer A's signature brought Engineer A under the purview of State M's licensing law, with which Engineer A was not in compliance",
"balancing_with": ["Expert qualification needs", "Non-engineering service provision"],
"tension_resolution": "Licensing laws override service categorization",
"case_relevance": "Central finding that title use violated jurisdictional requirements"
},
{
"identifier": "TitleIntegrity_CurrentCase",
"principle_class": "Professional Title Integrity",
"concrete_expression": "incorporating 'Engineer' or 'Engineering' into one's title without actually having the credential, is unethical",
"invoked_by": ["BER"],
"applied_to": ["Engineer A's use of 'Board-certified Diplomate in Forensic Engineering'"],
"interpretation": "Any use of engineering designation without proper credentials is unethical",
"source_text": "incorporating 'Engineer' or 'Engineering' into one's title without actually having the credential, is unethical",
"balancing_with": ["Accurate credential representation", "Expert qualification demonstration"],
"tension_resolution": "Title accuracy overrides credential impressiveness",
"case_relevance": "Key principle violated by Engineer A's signature"
}
]
}
```
Obligations Extraction
LLM Prompt
You are an expert in professional ethics analyzing a case for obligations (professional duties and requirements).
Based on the literature:
- Obligations are CONCRETE PROFESSIONAL DUTIES derived from abstract principles (Hallamaa & Kalliokoski 2022)
- They specify what professionals MUST, SHOULD, or MUST NOT do (Dennis et al. 2016)
- Obligations have deontic force and are enforceable (Wooldridge & Jennings 1995)
- They operationalize principles in specific contexts (Kong et al. 2020)
Your task is to:
1. Identify NEW OBLIGATION CLASSES not in the existing ontology
2. Extract SPECIFIC OBLIGATION INDIVIDUALS from the case
EXISTING OBLIGATIONS IN ONTOLOGY (check if your identified obligations match these before creating new classes):
- Attribution Obligation: Duty to properly cite and acknowledge all sources, tools, and methods used in creating professional deliverables
- Collegial Obligation: Duties toward professional peers including respect, fairness, and credit for work
- Competence Obligation: Requirement to perform services only in areas of competence (NSPE II.2)
- Conditional Obligation: Obligations that apply only when specific conditions are met
- Confidentiality Obligation: Duty to protect confidential information of clients or employers (NSPE III.4)
- Defeasible Obligation: Obligations that admit justified exceptions under specified conditions (Ganascia 2007)
- Disclosure Obligation: Requirement to inform stakeholders about conflicts, limitations, or risks (NSPE II.3.a)
- Ethical Obligation: Obligations arising from ethical principles beyond legal requirements
- Legal Obligation: Obligations arising from legal requirements and regulations
- Mandatory Obligation: Obligations that MUST be fulfilled (deontic force: mandatory)
- Obligation: An information content entity expressing required actions or behaviors in professional contexts. This is the O component of the formal specification D=(R,P,O,S,Rs,A,E,Ca,Cs).
- Prima Facie Obligation: Obligations that hold at first appearance but may be overridden by stronger duties (Anderson & Anderson)
- Professional Obligation: A duty or responsibility arising from professional role or standards
- Quality Assurance Obligation: Requirement to implement appropriate review and verification processes for all professional deliverables before submission
- Reporting Obligation: Duty to report violations or unsafe conditions to appropriate authorities
- Responsible Charge Obligation: Duty to maintain active engagement and personal decision-making authority throughout engineering process from conception to completion
- Safety Obligation: Duty to hold paramount the safety, health, and welfare of the public (NSPE I.1)
- Technology Competence Obligation: Requirement to understand and verify the capabilities, limitations, and risks of technological tools used in professional practice
- Technology Verification Obligation: Requirement to thoroughly verify and validate outputs from technological tools including AI before incorporating them into professional work
Analyze this discussion section:
Issues of identification as an engineer, achievement of a professional engineer’s license, and duties of disclosure have come to the Board of Ethical Review with some regularity. For example, in BER Case 95-10 , ENGCO referred in sale materials to key personnel as “Engineer” and “Design Engineer,” when those personnel were not licensed, did not have engineering degrees, and, in fact, did not have college degrees of any sort. ENGCO’s references were consistent with federal agency contracts that referred to inspection personnel as “Engineers.” However, ENGCO made inquiry of the BER because of concerns that these references violated the Code of Ethics. The BER agreed with ENGCO that these references likely violated the Code’s requirements that public statements be truthful, that engineers are to avoid deceptive acts, and that engineers are not to falsify their qualifications or permit misrepresentations of their qualifications. [The BER noted that, in some jurisdictions (at some points in time), non-degreed individuals could qualify for licensure and could legitimately use the title.] Thus, using a title to which one is not entitled is unethical.
Similarly, in BER Case 04-11 , four different self-designation situations were evaluated, but only the first three are of interest here. (1) Engineer is licensed in States B, C, and D, but hands out business cards at a business meeting in State E. The business card states NO physical address. The BER found this to be unacceptable, because, although handing out a business card is an expression of accepted business etiquette and does not automatically become an offer to do work, the absence of a physical address creates confusion and the appearance of deception about licensure.
In the second situation (2), Engineer’s business card clearly identifies the states in which a license is held and that Engineer’s business address is in another state, one in which no license is held. The BER noted a conventional assumption that, absent other information, an Engineer with a “P.E.” designation is licensed in the state of the specified address. However, in this case, Engineer clearly did not list the address state as a state in which a license was held. Clarity was provided and ethical conformity was preserved.
Likewise, in the third situation (3), Engineer’s business card has an address in State B, but states that Engineer is licensed only in State C. Engineer performs engineering work in State C and non-engineering consulting in State B. As in the second situation, clarity was provided and ethical conformity was preserved.
In BER Case 19-3 , Engineer A, a forensic mechanical engineer, chairs a boiler code standards and safety committee within an engineering society, while Engineer B, also a forensic mechanical engineer, is a member of one of the technical subcommittees. Engineer B is retained as an expert by Plaintiff’s attorney in a boiler explosion case. Engineer A is approached by Defendant’s attorney to serve as an expert in the case. The BER held as follows: “Engineer A is serving as a volunteer to a technical society standards-setting committee to develop fact-based objective technical codes and standards for the benefit of the public. It would appear that Engineer A would be offering opinions as a mechanical engineer with expertise in safety engineering independent of any role as the safety codes and standards chair. While Engineer A’s opinion may be informed somewhat by [the] experience in working with safety codes and standards, presumably Engineer A will exercise independent judgment and discretion in rendering his opinion. . . . [T]here does not appear to be any conflict. . . . At the same time, Engineer A should be mindful of certain critical obligations clearly required under the facts. First, Engineer A has an obligation to (1) fully disclose to Attorney X his role as the chairman of the boiler code standards and safety committee within an engineering society and (2) advise [Defendant’s attorney] that Engineer B serves as a member of one of the technical subcommittees within the boiler code standards and safety committee. In addition, Engineer A also has an obligation to “. . . not engage in any written or verbal exchanges with Engineer B regarding the pending litigation without direction from legal counsel.”
Finally, in BER Case 20-1 , Engineer Intern explained to a prospective employer the intention to take the PE exam in the coming weeks, but was not asked and did not disclose two previous failures to pass the PE exam. The question was whether the failure to disclose constituted the omission of a material fact. In light of the employer’s decision to offer employment with the full knowledge that the Engineer Intern had not passed the PE exam, the BER concluded that the omission was not material and, therefore, not unethical.
Turning to the facts of the present situation, there are two questions. First, was it ethical for Engineer A to provide expert services in State M, a state in which Engineer A is not licensed? Second, was it ethical for Engineer A to sign the report as “Consultant A, Board-certified Diplomate in Forensic Engineering.”
It should be noted that Engineer A was retained to provide non-engineering expert services. So long as Engineer A was qualified as an expert without relying on engineering qualifications (education, experience, and examination), Engineer A is not precluded or restricted by the NSPE Code of Ethics from providing those non-engineering expert services. However, Engineer A was clearly sensitive to the issue of State M licensing, because Engineer A was careful to exclude the P.E. designation from the signature block of the report. Unfortunately, by claiming the credential of Board-certified Diplomate of Forensic Engineering, Engineer A claimed the “E” word, “Engineer.” Furthermore, the most cursory inquiry would show that a Board-certified Diplomate in Forensic Engineering is required to be a licensed Professional Engineer. In accordance with the findings of Case 95-10 , incorporating “Engineer” or “Engineering” into one’s title without actually having the credential, is unethical.
Furthermore, incorporating “Engineer” or “Engineering” into Engineer A’s signature brought Engineer A under the purview of State M’s licensing law, with which Engineer A was not in compliance. That constitutes unlicensed practice, which is both unethical and unlawful.
It should be acknowledged that Case 04-11 , situation (3) clearly contemplates that engineers who qualify as experts in non-engineering areas may provide those non-engineering services in jurisdictions in which they are not licensed. This presumes that the engineer is not offering opinions about science and/ or mathematics directly related to his/her engineering qualifications.
Extract obligations following this JSON structure:
{
"new_obligation_classes": [
{
"label": "Clear, specific obligation class name",
"definition": "What this type of obligation requires professionals to do",
"derived_from_principle": "Which principle this operationalizes (e.g., 'Public Safety', 'Honesty')",
"duty_type": "professional|legal|ethical|societal",
"enforcement_mechanism": "How this obligation is typically enforced",
"violation_consequences": "What happens when this obligation is violated",
"examples_from_case": ["Example 1 from the case", "Example 2"],
"source_text": "EXACT text snippet from case where this obligation is identified (max 200 characters)",
"confidence": 0.0-1.0,
"reasoning": "Why this is a new class not in existing ontology"
}
],
"obligation_individuals": [
{
"identifier": "Unique name for this specific obligation instance",
"obligation_class": "Name of the obligation class (new or existing)",
"obligated_party": "Who has this obligation (e.g., 'Engineer L', 'All Licensed PEs')",
"obligation_statement": "The specific duty statement (e.g., 'Report safety risks to authorities')",
"derived_from": "Source principle or law (e.g., 'NSPE Code', 'State Law')",
"enforcement_context": "How enforced in this case",
"temporal_scope": "When this obligation applies",
"compliance_status": "met|unmet|unclear|pending",
"case_context": "How this obligation manifests in the specific case",
"source_text": "EXACT text snippet from case where this obligation is mentioned (max 200 characters)",
"is_existing_class": true/false,
"confidence": 0.0-1.0
}
]
}
Focus on:
1. NEW obligation types that represent novel professional duties
2. Specific obligation instances showing how duties apply in this case
3. The relationship between obligations and the principles they operationalize
4. Enforcement mechanisms and compliance status
Return ONLY the JSON structure, no additional text.
Saved: 2025-12-29 22:35
LLM Response
```json
{
"new_obligation_classes": [
{
"label": "Title Accuracy Obligation",
"definition": "Requirement to use only professional titles and credentials to which one is legitimately entitled through proper qualification and licensure",
"derived_from_principle": "Honesty and Truthfulness",
"duty_type": "professional",
"enforcement_mechanism": "Board of Ethical Review sanctions, licensing board actions",
"violation_consequences": "Ethics violations, potential loss of license, legal liability for misrepresentation",
"examples_from_case": ["Engineer A claiming 'Board-certified Diplomate in Forensic Engineering' without proper licensure", "ENGCO referring to non-licensed personnel as 'Engineers'"],
"source_text": "using a title to which one is not entitled is unethical",
"confidence": 0.9,
"reasoning": "While related to disclosure and competence obligations, this specifically addresses the duty to accurately represent professional titles, which is distinct from general disclosure requirements"
},
{
"label": "Jurisdictional Compliance Obligation",
"definition": "Duty to ensure compliance with licensing requirements in the specific jurisdiction where professional services are performed",
"derived_from_principle": "Legal Compliance and Professional Integrity",
"duty_type": "legal",
"enforcement_mechanism": "State licensing boards, legal prosecution for unlicensed practice",
"violation_consequences": "Criminal charges for unlicensed practice, ethics violations, civil liability",
"examples_from_case": ["Engineer A providing services in State M without State M license", "Business card clarity requirements for multi-state practice"],
"source_text": "brought Engineer A under the purview of State M's licensing law, with which Engineer A was not in compliance",
"confidence": 0.85,
"reasoning": "Goes beyond general legal obligations to specifically address multi-jurisdictional practice requirements not covered by existing classes"
}
],
"obligation_individuals": [
{
"identifier": "ENGCO_Title_Accuracy_Obligation",
"obligation_class": "Title Accuracy Obligation",
"obligated_party": "ENGCO",
"obligation_statement": "Must not refer to non-licensed personnel as 'Engineer' or 'Design Engineer'",
"derived_from": "NSPE Code requirement for truthful public statements",
"enforcement_context": "Board of Ethical Review determination",
"temporal_scope": "Ongoing in all company materials",
"compliance_status": "unmet",
"case_context": "ENGCO improperly used engineering titles for non-licensed, non-degreed personnel in sales materials",
"source_text": "ENGCO referred in sale materials to key personnel as 'Engineer' and 'Design Engineer,' when those personnel were not licensed",
"is_existing_class": false,
"confidence": 0.95
},
{
"identifier": "Engineer_A_Disclosure_to_Attorney",
"obligation_class": "Disclosure Obligation",
"obligated_party": "Engineer A (BER Case 19-3)",
"obligation_statement": "Must fully disclose role as chairman of boiler code standards committee and Engineer B's membership to Defendant's attorney",
"derived_from": "NSPE Code II.3.a",
"enforcement_context": "Board of Ethical Review requirement",
"temporal_scope": "Before accepting expert witness engagement",
"compliance_status": "pending",
"case_context": "Engineer A approached to serve as expert witness must disclose committee roles",
"source_text": "Engineer A has an obligation to (1) fully disclose to Attorney X his role as the chairman of the boiler code standards",
"is_existing_class": true,
"confidence": 0.95
},
{
"identifier": "Engineer_A_Communication_Restriction",
"obligation_class": "Professional Obligation",
"obligated_party": "Engineer A (BER Case 19-3)",
"obligation_statement": "Must not engage in any exchanges with Engineer B regarding pending litigation without legal counsel direction",
"derived_from": "Professional conduct standards",
"enforcement_context": "Legal and ethical requirements for expert witnesses",
"temporal_scope": "During entire litigation period",
"compliance_status": "pending",
"case_context": "Both engineers serving as opposing experts in same case",
"source_text": "not engage in any written or verbal exchanges with Engineer B regarding the pending litigation without direction from legal counsel",
"is_existing_class": true,
"confidence": 0.9
},
{
"identifier": "Engineer_A_Jurisdictional_Compliance",
"obligation_class": "Jurisdictional Compliance Obligation",
"obligated_party": "Engineer A (current case)",
"obligation_statement": "Must not practice engineering or use engineering titles in State M without State M license",
"derived_from": "State M licensing law",
"enforcement_context": "State licensing board enforcement",
"temporal_scope": "When providing services in State M",
"compliance_status": "unmet",
"case_context": "Engineer A used 'Board-certified Diplomate in Forensic Engineering' title while providing services in State M",
"source_text": "That constitutes unlicensed practice, which is both unethical and unlawful",
"is_existing_class": false,
"confidence": 0.95
},
{
"identifier": "Multi_State_Engineer_Clarity_Obligation",
"obligation_class": "Disclosure Obligation",
"obligated_party": "Engineers practicing in multiple states",
"obligation_statement": "Must clearly identify states of licensure on business cards to avoid confusion",
"derived_from": "NSPE Code requirement to avoid deceptive acts",
"enforcement_context": "Board of Ethical Review standards",
"temporal_scope": "When distributing business cards in any state",
"compliance_status": "met",
"case_context": "Engineer in Case 04-11 properly listed licensed states separate from business address",
"source_text": "Engineer clearly did not list the address state as a state in which a license was held. Clarity was provided",
"is_existing_class": true,
"confidence": 0.9
},
{
"identifier": "Engineer_Intern_Material_Disclosure",
"obligation_class": "Disclosure Obligation",
"obligated_party": "Engineer Intern (BER Case 20-1)",
"obligation_statement": "Must disclose material facts about qualifications to prospective employers",
"derived_from": "NSPE Code honesty requirements",
"enforcement_context": "Board determination of materiality",
"temporal_scope": "During employment discussions",
"compliance_status": "met",
"case_context": "Previous PE exam failures deemed not material since employer knew current unlicensed status",
"source_text": "the BER concluded that the omission was not material and, therefore, not unethical",
"is_existing_class": true,
"confidence": 0.85
}
]
}
```
Constraints Extraction
LLM Prompt
You are an expert in professional ethics analyzing a case for constraints (boundaries, limitations, and restrictions).
Based on the literature:
- Constraints are INVIOLABLE BOUNDARIES that limit acceptable actions (Dennis et al. 2016)
- They differ from obligations by being restrictions rather than requirements
- Constraints can be legal, physical, resource-based, or procedural
- They define the space within which ethical decisions must be made
Your task is to:
1. Identify NEW CONSTRAINT CLASSES not in the existing ontology
2. Extract SPECIFIC CONSTRAINT INDIVIDUALS from the case
EXISTING CONSTRAINTS IN ONTOLOGY (check if your identified constraints match these before creating new classes):
- Attribution Constraint: Requirements and limitations regarding the disclosure and citation of tools, methods, or sources used in professional work products
- Competence Constraint: Boundaries defined by agent capabilities and technical limitations (Hallamaa & Kalliokoski 2022)
- Confidentiality Constraint: Boundaries on information disclosure and privacy (Dennis et al. 2016)
- Constraint: An information content entity expressing limitations or restrictions on professional actions or decisions. This is the Cs component of the formal specification D=(R,P,O,S,Rs,A,E,Ca,Cs).
- Defeasible Constraint: Constraints that admit justified exceptions under specified conditions (Ganascia 2007)
- Ethical Constraint: Professional ethical boundaries beyond legal requirements (Benzmüller et al. 2020)
- Inviolable Constraint: Absolute constraints that cannot be overridden under any circumstances (Dennis et al. 2016)
- Jurisdictional Constraint: Boundaries of authority and geographical or organizational scope (Dennis et al. 2016)
- Legal Constraint: Constraints arising from legal requirements and statutes that establish inviolable boundaries (Kroll 2020, Stenseke 2024)
- Priority Constraint: Constraints establishing precedence when multiple requirements conflict (Scheutz & Malle 2014)
- Procedural Constraint: Requirements for following specific processes or protocols (Furbach et al. 2014)
- Regulatory Constraint: Constraints from regulatory bodies and professional standards organizations (Taddeo et al. 2024)
- Resource Constraint: Limitations on available time, budget, materials, or human resources (Ganascia 2007)
- Safety Constraint: Constraints ensuring safety requirements are met (Arkin 2008)
- Technology Substitution Constraint: Boundaries preventing technology from replacing professional judgment and human oversight in critical decision-making
Analyze this discussion section:
Issues of identification as an engineer, achievement of a professional engineer’s license, and duties of disclosure have come to the Board of Ethical Review with some regularity. For example, in BER Case 95-10 , ENGCO referred in sale materials to key personnel as “Engineer” and “Design Engineer,” when those personnel were not licensed, did not have engineering degrees, and, in fact, did not have college degrees of any sort. ENGCO’s references were consistent with federal agency contracts that referred to inspection personnel as “Engineers.” However, ENGCO made inquiry of the BER because of concerns that these references violated the Code of Ethics. The BER agreed with ENGCO that these references likely violated the Code’s requirements that public statements be truthful, that engineers are to avoid deceptive acts, and that engineers are not to falsify their qualifications or permit misrepresentations of their qualifications. [The BER noted that, in some jurisdictions (at some points in time), non-degreed individuals could qualify for licensure and could legitimately use the title.] Thus, using a title to which one is not entitled is unethical.
Similarly, in BER Case 04-11 , four different self-designation situations were evaluated, but only the first three are of interest here. (1) Engineer is licensed in States B, C, and D, but hands out business cards at a business meeting in State E. The business card states NO physical address. The BER found this to be unacceptable, because, although handing out a business card is an expression of accepted business etiquette and does not automatically become an offer to do work, the absence of a physical address creates confusion and the appearance of deception about licensure.
In the second situation (2), Engineer’s business card clearly identifies the states in which a license is held and that Engineer’s business address is in another state, one in which no license is held. The BER noted a conventional assumption that, absent other information, an Engineer with a “P.E.” designation is licensed in the state of the specified address. However, in this case, Engineer clearly did not list the address state as a state in which a license was held. Clarity was provided and ethical conformity was preserved.
Likewise, in the third situation (3), Engineer’s business card has an address in State B, but states that Engineer is licensed only in State C. Engineer performs engineering work in State C and non-engineering consulting in State B. As in the second situation, clarity was provided and ethical conformity was preserved.
In BER Case 19-3 , Engineer A, a forensic mechanical engineer, chairs a boiler code standards and safety committee within an engineering society, while Engineer B, also a forensic mechanical engineer, is a member of one of the technical subcommittees. Engineer B is retained as an expert by Plaintiff’s attorney in a boiler explosion case. Engineer A is approached by Defendant’s attorney to serve as an expert in the case. The BER held as follows: “Engineer A is serving as a volunteer to a technical society standards-setting committee to develop fact-based objective technical codes and standards for the benefit of the public. It would appear that Engineer A would be offering opinions as a mechanical engineer with expertise in safety engineering independent of any role as the safety codes and standards chair. While Engineer A’s opinion may be informed somewhat by [the] experience in working with safety codes and standards, presumably Engineer A will exercise independent judgment and discretion in rendering his opinion. . . . [T]here does not appear to be any conflict. . . . At the same time, Engineer A should be mindful of certain critical obligations clearly required under the facts. First, Engineer A has an obligation to (1) fully disclose to Attorney X his role as the chairman of the boiler code standards and safety committee within an engineering society and (2) advise [Defendant’s attorney] that Engineer B serves as a member of one of the technical subcommittees within the boiler code standards and safety committee. In addition, Engineer A also has an obligation to “. . . not engage in any written or verbal exchanges with Engineer B regarding the pending litigation without direction from legal counsel.”
Finally, in BER Case 20-1 , Engineer Intern explained to a prospective employer the intention to take the PE exam in the coming weeks, but was not asked and did not disclose two previous failures to pass the PE exam. The question was whether the failure to disclose constituted the omission of a material fact. In light of the employer’s decision to offer employment with the full knowledge that the Engineer Intern had not passed the PE exam, the BER concluded that the omission was not material and, therefore, not unethical.
Turning to the facts of the present situation, there are two questions. First, was it ethical for Engineer A to provide expert services in State M, a state in which Engineer A is not licensed? Second, was it ethical for Engineer A to sign the report as “Consultant A, Board-certified Diplomate in Forensic Engineering.”
It should be noted that Engineer A was retained to provide non-engineering expert services. So long as Engineer A was qualified as an expert without relying on engineering qualifications (education, experience, and examination), Engineer A is not precluded or restricted by the NSPE Code of Ethics from providing those non-engineering expert services. However, Engineer A was clearly sensitive to the issue of State M licensing, because Engineer A was careful to exclude the P.E. designation from the signature block of the report. Unfortunately, by claiming the credential of Board-certified Diplomate of Forensic Engineering, Engineer A claimed the “E” word, “Engineer.” Furthermore, the most cursory inquiry would show that a Board-certified Diplomate in Forensic Engineering is required to be a licensed Professional Engineer. In accordance with the findings of Case 95-10 , incorporating “Engineer” or “Engineering” into one’s title without actually having the credential, is unethical.
Furthermore, incorporating “Engineer” or “Engineering” into Engineer A’s signature brought Engineer A under the purview of State M’s licensing law, with which Engineer A was not in compliance. That constitutes unlicensed practice, which is both unethical and unlawful.
It should be acknowledged that Case 04-11 , situation (3) clearly contemplates that engineers who qualify as experts in non-engineering areas may provide those non-engineering services in jurisdictions in which they are not licensed. This presumes that the engineer is not offering opinions about science and/ or mathematics directly related to his/her engineering qualifications.
Extract constraints following this JSON structure:
{
"new_constraint_classes": [
{
"label": "Clear, specific constraint class name",
"definition": "What this type of constraint limits or restricts",
"constraint_type": "legal|physical|resource|temporal|procedural",
"flexibility": "hard|soft|negotiable",
"violation_impact": "What happens if this constraint is violated",
"mitigation_possible": "Whether and how this constraint can be mitigated",
"examples_from_case": ["Example 1 from the case", "Example 2"],
"source_text": "EXACT text snippet from case where this constraint is identified (max 200 characters)",
"confidence": 0.0-1.0,
"reasoning": "Why this is a new class not in existing ontology"
}
],
"constraint_individuals": [
{
"identifier": "Unique name for this specific constraint instance",
"constraint_class": "Name of the constraint class (new or existing)",
"constrained_entity": "What or who is constrained (e.g., 'Engineer L', 'Project')",
"constraint_statement": "The specific limitation (e.g., 'Cannot exceed budget of $X')",
"source": "Origin of constraint (e.g., 'Client budget', 'Environmental law')",
"enforcement_mechanism": "How this constraint is enforced",
"temporal_scope": "When this constraint applies",
"severity": "critical|major|minor",
"case_context": "How this constraint manifests in the specific case",
"source_text": "EXACT text snippet from case where this constraint is mentioned (max 200 characters)",
"is_existing_class": true/false,
"confidence": 0.0-1.0
}
]
}
Focus on:
1. NEW constraint types that represent novel limitations or boundaries
2. Specific constraint instances showing how limitations apply in this case
3. The difference between constraints (boundaries) and obligations (duties)
4. Impact and severity of constraints on decision-making
Return ONLY the JSON structure, no additional text.
Saved: 2025-12-29 22:36
LLM Response
```json
{
"new_constraint_classes": [
{
"label": "Title Usage Constraint",
"definition": "Limitations on the use of professional titles and designations based on actual credentials and licensure status",
"constraint_type": "legal",
"flexibility": "hard",
"violation_impact": "Unethical conduct, potential legal violations, misrepresentation of qualifications",
"mitigation_possible": "Only through obtaining proper credentials or clearly disclaiming the title",
"examples_from_case": ["Cannot use 'Engineer' without proper credentials", "Cannot use 'P.E.' without license in relevant state"],
"source_text": "using a title to which one is not entitled is unethical",
"confidence": 0.9,
"reasoning": "Distinct from general ethical or legal constraints - specifically addresses boundaries on professional title usage based on credential verification"
},
{
"label": "Geographic Practice Constraint",
"definition": "Boundaries on where professional services can be offered based on licensure jurisdiction",
"constraint_type": "legal",
"flexibility": "hard",
"violation_impact": "Unlicensed practice, legal and ethical violations",
"mitigation_possible": "Can provide non-engineering services or obtain license in jurisdiction",
"examples_from_case": ["Cannot practice engineering in states without license", "Can provide non-engineering consulting without state license"],
"source_text": "brought Engineer A under the purview of State M's licensing law, with which Engineer A was not in compliance",
"confidence": 0.85,
"reasoning": "More specific than jurisdictional constraint - focuses on geographic boundaries of practice based on state licensure"
},
{
"label": "Disclosure Clarity Constraint",
"definition": "Requirements that professional credentials and limitations be presented clearly without creating confusion or deception",
"constraint_type": "procedural",
"flexibility": "soft",
"violation_impact": "Creates appearance of deception, ethical violations",
"mitigation_possible": "Through clear, explicit disclosure of credentials and jurisdictions",
"examples_from_case": ["Business cards must clearly state licensure states", "Must include physical address to avoid confusion"],
"source_text": "the absence of a physical address creates confusion and the appearance of deception about licensure",
"confidence": 0.8,
"reasoning": "Goes beyond general confidentiality or attribution constraints - specifically addresses clarity requirements in credential presentation"
}
],
"constraint_individuals": [
{
"identifier": "State_M_Licensure_Constraint",
"constraint_class": "Geographic Practice Constraint",
"constrained_entity": "Engineer A",
"constraint_statement": "Cannot practice engineering or use engineering titles in State M without State M license",
"source": "State M licensing law",
"enforcement_mechanism": "State licensing board enforcement, legal penalties",
"temporal_scope": "Whenever providing services in State M",
"severity": "critical",
"case_context": "Engineer A provided expert services in State M without being licensed there",
"source_text": "brought Engineer A under the purview of State M's licensing law, with which Engineer A was not in compliance",
"is_existing_class": false,
"confidence": 0.95
},
{
"identifier": "Forensic_Engineering_Title_Constraint",
"constraint_class": "Title Usage Constraint",
"constrained_entity": "Engineer A",
"constraint_statement": "Cannot use 'Board-certified Diplomate in Forensic Engineering' without PE license",
"source": "Board certification requirements",
"enforcement_mechanism": "Professional board oversight, ethical review",
"temporal_scope": "When signing reports or identifying credentials",
"severity": "critical",
"case_context": "Engineer A used forensic engineering title despite lacking PE license in State M",
"source_text": "a Board-certified Diplomate in Forensic Engineering is required to be a licensed Professional Engineer",
"is_existing_class": false,
"confidence": 0.9
},
{
"identifier": "Business_Card_Address_Constraint",
"constraint_class": "Disclosure Clarity Constraint",
"constrained_entity": "Engineers using business cards",
"constraint_statement": "Must include physical address on business cards to avoid licensure confusion",
"source": "NSPE Code of Ethics interpretation",
"enforcement_mechanism": "Board of Ethical Review oversight",
"temporal_scope": "When distributing business cards",
"severity": "major",
"case_context": "BER Case 04-11 found absence of physical address creates deception",
"source_text": "the absence of a physical address creates confusion and the appearance of deception about licensure",
"is_existing_class": false,
"confidence": 0.85
},
{
"identifier": "Non_Engineering_Expert_Services_Constraint",
"constraint_class": "Competence Constraint",
"constrained_entity": "Engineer A",
"constraint_statement": "Can only provide non-engineering expert services if qualified without relying on engineering credentials",
"source": "NSPE Code of Ethics",
"enforcement_mechanism": "Professional ethics review",
"temporal_scope": "When providing expert services outside engineering",
"severity": "major",
"case_context": "Engineer A retained for non-engineering expert services but used engineering title",
"source_text": "So long as Engineer A was qualified as an expert without relying on engineering qualifications",
"is_existing_class": true,
"confidence": 0.8
},
{
"identifier": "Committee_Member_Communication_Constraint",
"constraint_class": "Procedural Constraint",
"constrained_entity": "Engineer A",
"constraint_statement": "Cannot engage in exchanges with Engineer B regarding pending litigation without legal counsel direction",
"source": "Legal ethics and conflict of interest rules",
"enforcement_mechanism": "Legal sanctions, professional discipline",
"temporal_scope": "During pending litigation",
"severity": "critical",
"case_context": "BER Case 19-3 where committee members are on opposing sides",
"source_text": "not engage in any written or verbal exchanges with Engineer B regarding the pending litigation without direction from legal counsel",
"is_existing_class": true,
"confidence": 0.9
},
{
"identifier": "False_Credential_Constraint",
"constraint_class": "Ethical Constraint",
"constrained_entity": "ENGCO personnel",
"constraint_statement": "Cannot use 'Engineer' title without proper degree or license",
"source": "NSPE Code of Ethics",
"enforcement_mechanism": "Board of Ethical Review sanctions",
"temporal_scope": "In all professional communications",
"severity": "critical",
"case_context": "ENGCO referred to non-degreed personnel as Engineers",
"source_text": "using a title to which one is not entitled is unethical",
"is_existing_class": true,
"confidence": 0.95
}
]
}
```
Capabilities Extraction
LLM Prompt
You are an expert in professional ethics analyzing a case for capabilities (competencies and skills required for professional practice).
Based on the literature:
- Capabilities are COMPETENCIES that enable norm compliance (Hallamaa & Kalliokoski 2022)
- They represent the skills needed to fulfill professional obligations (Dennis et al. 2016)
- Capabilities include technical, ethical, communicative, and analytical competencies
- They constitute "norm competence" - the ability to act ethically (Kong et al. 2020)
Your task is to:
1. Identify NEW CAPABILITY CLASSES not in the existing ontology
2. Extract SPECIFIC CAPABILITY INDIVIDUALS from the case
EXISTING CAPABILITIES IN ONTOLOGY (check if your identified capabilities match these before creating new classes):
- AI Tool Evaluation Capability: The competency to assess, validate, and appropriately use AI-generated content in professional work
- Capability: A realizable entity that can be realized by specific types of actions or processes in professional contexts. This is the Ca component of the formal specification D=(R,P,O,S,Rs,A,E,Ca,Cs).
- Capability Type: Meta-class for specific capability types recognized by the ProEthica system
- Data Privacy Protection Capability: The competency to safeguard confidential client information when using digital tools and platforms
- Justification Capability: Capability to trace reasoning paths connecting decisions to authoritative sources (McLaren 2003, Anderson & Anderson 2018)
- Regulatory Compliance Capability: The competency to ensure designs and documents meet local regulations and safety standards
- Responsible Charge Capability: The competency to maintain active engagement and supervisory control from conception to completion of engineering work
- Technical Capability: A specialized technical skill or competency in a professional domain
- Technical Writing Capability: The competency to produce clear, accurate, and professional technical documentation and reports
- Technology Integration Capability: The competency to appropriately integrate new technologies while maintaining professional judgment
Analyze this discussion section:
Issues of identification as an engineer, achievement of a professional engineer’s license, and duties of disclosure have come to the Board of Ethical Review with some regularity. For example, in BER Case 95-10 , ENGCO referred in sale materials to key personnel as “Engineer” and “Design Engineer,” when those personnel were not licensed, did not have engineering degrees, and, in fact, did not have college degrees of any sort. ENGCO’s references were consistent with federal agency contracts that referred to inspection personnel as “Engineers.” However, ENGCO made inquiry of the BER because of concerns that these references violated the Code of Ethics. The BER agreed with ENGCO that these references likely violated the Code’s requirements that public statements be truthful, that engineers are to avoid deceptive acts, and that engineers are not to falsify their qualifications or permit misrepresentations of their qualifications. [The BER noted that, in some jurisdictions (at some points in time), non-degreed individuals could qualify for licensure and could legitimately use the title.] Thus, using a title to which one is not entitled is unethical.
Similarly, in BER Case 04-11 , four different self-designation situations were evaluated, but only the first three are of interest here. (1) Engineer is licensed in States B, C, and D, but hands out business cards at a business meeting in State E. The business card states NO physical address. The BER found this to be unacceptable, because, although handing out a business card is an expression of accepted business etiquette and does not automatically become an offer to do work, the absence of a physical address creates confusion and the appearance of deception about licensure.
In the second situation (2), Engineer’s business card clearly identifies the states in which a license is held and that Engineer’s business address is in another state, one in which no license is held. The BER noted a conventional assumption that, absent other information, an Engineer with a “P.E.” designation is licensed in the state of the specified address. However, in this case, Engineer clearly did not list the address state as a state in which a license was held. Clarity was provided and ethical conformity was preserved.
Likewise, in the third situation (3), Engineer’s business card has an address in State B, but states that Engineer is licensed only in State C. Engineer performs engineering work in State C and non-engineering consulting in State B. As in the second situation, clarity was provided and ethical conformity was preserved.
In BER Case 19-3 , Engineer A, a forensic mechanical engineer, chairs a boiler code standards and safety committee within an engineering society, while Engineer B, also a forensic mechanical engineer, is a member of one of the technical subcommittees. Engineer B is retained as an expert by Plaintiff’s attorney in a boiler explosion case. Engineer A is approached by Defendant’s attorney to serve as an expert in the case. The BER held as follows: “Engineer A is serving as a volunteer to a technical society standards-setting committee to develop fact-based objective technical codes and standards for the benefit of the public. It would appear that Engineer A would be offering opinions as a mechanical engineer with expertise in safety engineering independent of any role as the safety codes and standards chair. While Engineer A’s opinion may be informed somewhat by [the] experience in working with safety codes and standards, presumably Engineer A will exercise independent judgment and discretion in rendering his opinion. . . . [T]here does not appear to be any conflict. . . . At the same time, Engineer A should be mindful of certain critical obligations clearly required under the facts. First, Engineer A has an obligation to (1) fully disclose to Attorney X his role as the chairman of the boiler code standards and safety committee within an engineering society and (2) advise [Defendant’s attorney] that Engineer B serves as a member of one of the technical subcommittees within the boiler code standards and safety committee. In addition, Engineer A also has an obligation to “. . . not engage in any written or verbal exchanges with Engineer B regarding the pending litigation without direction from legal counsel.”
Finally, in BER Case 20-1 , Engineer Intern explained to a prospective employer the intention to take the PE exam in the coming weeks, but was not asked and did not disclose two previous failures to pass the PE exam. The question was whether the failure to disclose constituted the omission of a material fact. In light of the employer’s decision to offer employment with the full knowledge that the Engineer Intern had not passed the PE exam, the BER concluded that the omission was not material and, therefore, not unethical.
Turning to the facts of the present situation, there are two questions. First, was it ethical for Engineer A to provide expert services in State M, a state in which Engineer A is not licensed? Second, was it ethical for Engineer A to sign the report as “Consultant A, Board-certified Diplomate in Forensic Engineering.”
It should be noted that Engineer A was retained to provide non-engineering expert services. So long as Engineer A was qualified as an expert without relying on engineering qualifications (education, experience, and examination), Engineer A is not precluded or restricted by the NSPE Code of Ethics from providing those non-engineering expert services. However, Engineer A was clearly sensitive to the issue of State M licensing, because Engineer A was careful to exclude the P.E. designation from the signature block of the report. Unfortunately, by claiming the credential of Board-certified Diplomate of Forensic Engineering, Engineer A claimed the “E” word, “Engineer.” Furthermore, the most cursory inquiry would show that a Board-certified Diplomate in Forensic Engineering is required to be a licensed Professional Engineer. In accordance with the findings of Case 95-10 , incorporating “Engineer” or “Engineering” into one’s title without actually having the credential, is unethical.
Furthermore, incorporating “Engineer” or “Engineering” into Engineer A’s signature brought Engineer A under the purview of State M’s licensing law, with which Engineer A was not in compliance. That constitutes unlicensed practice, which is both unethical and unlawful.
It should be acknowledged that Case 04-11 , situation (3) clearly contemplates that engineers who qualify as experts in non-engineering areas may provide those non-engineering services in jurisdictions in which they are not licensed. This presumes that the engineer is not offering opinions about science and/ or mathematics directly related to his/her engineering qualifications.
Extract capabilities following this JSON structure:
{
"new_capability_classes": [
{
"label": "Clear, specific capability class name",
"definition": "What competency or skill this capability represents",
"capability_type": "technical|ethical|communicative|analytical",
"norm_competence_related": "Which professional obligations this capability enables",
"skill_level": "basic|intermediate|advanced|expert",
"acquisition_method": "How this capability is typically acquired (education, training, experience)",
"examples_from_case": ["Example 1 from the case", "Example 2"],
"source_text": "EXACT text snippet from case where this capability is identified (max 200 characters)",
"confidence": 0.0-1.0,
"reasoning": "Why this is a new class not in existing ontology"
}
],
"capability_individuals": [
{
"identifier": "Unique name for this specific capability instance",
"capability_class": "Name of the capability class (new or existing)",
"possessed_by": "Who has this capability (e.g., 'Engineer L', 'All Licensed PEs')",
"capability_statement": "The specific competency (e.g., 'Design stormwater systems')",
"demonstrated_through": "How shown in the case (e.g., 'Years of experience', 'Professional license')",
"proficiency_level": "basic|intermediate|advanced|expert",
"enables_obligations": "Which obligations this capability enables",
"temporal_aspect": "When this capability is relevant",
"case_context": "How this capability manifests in the specific case",
"source_text": "EXACT text snippet from case where this capability is mentioned (max 200 characters)",
"is_existing_class": true/false,
"confidence": 0.0-1.0
}
]
}
Focus on:
1. NEW capability types that represent novel competencies
2. Specific capability instances showing professional competencies in this case
3. The relationship between capabilities and norm competence
4. How capabilities enable fulfillment of professional obligations
Return ONLY the JSON structure, no additional text.
Saved: 2025-12-29 22:37
LLM Response
```json
{
"new_capability_classes": [
{
"label": "Professional Title Accuracy Capability",
"definition": "The competency to accurately represent one's professional qualifications and titles without deception or misrepresentation",
"capability_type": "ethical",
"norm_competence_related": "Enables compliance with truthfulness requirements and avoidance of deceptive acts in professional identification",
"skill_level": "basic",
"acquisition_method": "Professional ethics training, understanding of licensing laws and regulations",
"examples_from_case": ["Not using 'Engineer' title without proper licensure", "Clearly stating states of licensure on business cards"],
"source_text": "using a title to which one is not entitled is unethical",
"confidence": 0.9,
"reasoning": "Distinct from existing capabilities - specifically addresses accurate self-representation of professional titles and credentials"
},
{
"label": "Jurisdictional Clarity Capability",
"definition": "The competency to clearly communicate one's licensing status across different jurisdictions to avoid confusion",
"capability_type": "communicative",
"norm_competence_related": "Enables transparent communication about professional qualifications across state boundaries",
"skill_level": "intermediate",
"acquisition_method": "Multi-state practice experience, professional ethics education",
"examples_from_case": ["Listing specific states of licensure on business cards", "Including physical addresses to clarify jurisdiction"],
"source_text": "Engineer's business card clearly identifies the states in which a license is held",
"confidence": 0.85,
"reasoning": "Not covered by existing capabilities - specifically addresses multi-jurisdictional practice clarity"
},
{
"label": "Expert Witness Disclosure Capability",
"definition": "The competency to fully disclose relevant professional relationships and potential conflicts when serving as an expert witness",
"capability_type": "ethical",
"norm_competence_related": "Enables proper conflict of interest management and transparency in legal proceedings",
"skill_level": "advanced",
"acquisition_method": "Forensic engineering training, legal ethics education, expert witness experience",
"examples_from_case": ["Disclosing committee chairmanship", "Revealing colleague's involvement in opposing side"],
"source_text": "Engineer A has an obligation to (1) fully disclose to Attorney X his role as the chairman",
"confidence": 0.88,
"reasoning": "Specific to expert witness context - not covered by general disclosure capabilities"
},
{
"label": "Non-Engineering Service Delineation Capability",
"definition": "The competency to distinguish and properly represent when providing non-engineering versus engineering services",
"capability_type": "analytical",
"norm_competence_related": "Enables compliance with licensing laws when providing expert services outside engineering domain",
"skill_level": "advanced",
"acquisition_method": "Multi-disciplinary practice experience, understanding of professional boundaries",
"examples_from_case": ["Providing non-engineering consulting in unlicensed state", "Qualifying as expert without engineering credentials"],
"source_text": "engineers who qualify as experts in non-engineering areas may provide those non-engineering services",
"confidence": 0.82,
"reasoning": "Addresses boundary between engineering and non-engineering services - not in existing ontology"
}
],
"capability_individuals": [
{
"identifier": "ENGCO_Title_Misrepresentation_Recognition",
"capability_class": "Professional Title Accuracy Capability",
"possessed_by": "ENGCO",
"capability_statement": "Recognizing potential violations in using 'Engineer' titles for unlicensed personnel",
"demonstrated_through": "Making inquiry to BER about ethical concerns",
"proficiency_level": "intermediate",
"enables_obligations": "Truthful public statements and avoiding deceptive acts",
"temporal_aspect": "During marketing material preparation",
"case_context": "ENGCO questioned use of 'Engineer' titles despite federal contract language",
"source_text": "ENGCO made inquiry of the BER because of concerns that these references violated the Code of Ethics",
"is_existing_class": false,
"confidence": 0.85
},
{
"identifier": "Engineer_State_B_C_D_Jurisdictional_Clarity",
"capability_class": "Jurisdictional Clarity Capability",
"possessed_by": "Engineer in Case 04-11 situation 2",
"capability_statement": "Clearly identifying states of licensure on business cards",
"demonstrated_through": "Business card design with explicit state listings",
"proficiency_level": "advanced",
"enables_obligations": "Avoiding appearance of deception about licensure status",
"temporal_aspect": "During business networking activities",
"case_context": "Engineer clearly listed licensed states separate from business address state",
"source_text": "Engineer clearly did not list the address state as a state in which a license was held",
"is_existing_class": false,
"confidence": 0.9
},
{
"identifier": "Engineer_A_Committee_Disclosure",
"capability_class": "Expert Witness Disclosure Capability",
"possessed_by": "Engineer A in Case 19-3",
"capability_statement": "Disclosing committee chairmanship and colleague's involvement to opposing counsel",
"demonstrated_through": "Required disclosure obligations",
"proficiency_level": "expert",
"enables_obligations": "Maintaining independence and avoiding conflicts in expert testimony",
"temporal_aspect": "Before accepting expert witness engagement",
"case_context": "Forensic engineer serving as expert while chairing relevant standards committee",
"source_text": "fully disclose to Attorney X his role as the chairman of the boiler code standards and safety committee",
"is_existing_class": false,
"confidence": 0.92
},
{
"identifier": "Engineer_A_Forensic_Title_Misuse",
"capability_class": "Professional Title Accuracy Capability",
"possessed_by": "Engineer A in main case",
"capability_statement": "Failed to properly exclude engineering references when providing non-engineering services",
"demonstrated_through": "Using 'Board-certified Diplomate in Forensic Engineering' title",
"proficiency_level": "basic",
"enables_obligations": "Compliance with state licensing laws",
"temporal_aspect": "During expert report preparation",
"case_context": "Attempted to provide non-engineering services but included engineering credential",
"source_text": "by claiming the credential of Board-certified Diplomate of Forensic Engineering, Engineer A claimed the 'E' word",
"is_existing_class": false,
"confidence": 0.88
},
{
"identifier": "Engineer_Intern_Material_Disclosure",
"capability_class": "Justification Capability",
"possessed_by": "Engineer Intern in Case 20-1",
"capability_statement": "Determining materiality of information for disclosure",
"demonstrated_through": "Disclosing intent to take PE exam without mentioning failures",
"proficiency_level": "intermediate",
"enables_obligations": "Truthful representation without unnecessary disclosure",
"temporal_aspect": "During employment interviews",
"case_context": "Previous PE exam failures deemed not material to disclose",
"source_text": "the BER concluded that the omission was not material and, therefore, not unethical",
"is_existing_class": true,
"confidence": 0.75
}
]
}
```