The Fact Chronology of Case # 58-1

Fact Time Qualifier
1. Engineer X <is employed by> U.S. Agency Y. Pre-existing fact
2. Foreign Government Z <hires the services of> U.S. Agency Y <for> Design of Hydroelectric Plant. Pre-existing fact
3. Engineer X <designs> {partially} Hydroelectric Plant. Occurs during 1, 2
4. Foreign Government Z <requests proposals for> Design of Hydroelectric Plant & Construction Supervision of Hydroelectric Plant. After the conclusion of 3
5. Engineer X <negotiates with> Firm A &Firm B <for> Design of Hydroelectric Plant & Construction Supervision of Hydroelectric Plant. After the start of 4
6. Engineer X <forms a joint venture with> Firm B. [Questioned Fact] After the conclusion of 5
7. Engineer X & Firm B <negotiates with> Foreign Government Z <for> Design of Hydroelectric Plant & Construction Supervision of Hydroelectric Plant. [Questioned Fact] After the conclusion of 6
8. Engineer X <resigns employment with> U.S. Agency Y. Immediately after the conclusion of 7, 

Ends 1

9. Foreign Government Z <hires the services of> Engineer X & Firm B <for> Design of Hydroelectric Plant & Construction Supervision of Hydroelectric Plant. After the conclusion of 8

Actor and Object Types

1.
Engineer X --> Engineer.
2.
U.S. Agency Y --> Governmental Body.
3.
Design of Hydroelectric Plant --> Design Work.
4.
Foreign Government Z --> Governmental Body.
5.
Construction Supervision of Hydroelectric Plant --> Construction Supervision.
6.
Firm A --> Engineering Firm
7.
Firm B --> Engineering Firm
8.
Hydroelectric Plant --> Engineering Artifact

The Board's Analysis

Questioned Fact(s): Facts 6, 7
Questioned Actor or Actors: Engineer X
The Board's Conclusion: Unethical

The board cited the following evidence in support of their conclusion:

Code Code Status How Cited Grouped With Over rides Why Relevant? Why Violated, Not Violated, Changed, or Not Applicable?
C27 Violated Explicitly Discussed None None ^ Engineer competes with another engineer for a project or engineering work [2, 7] 

Engineer has an employer [1] ^

^ Engineer competes unfairly by taking advantage of his salaried position [1, 3] ^
C19 Violated Explicitly Discussed None None ^ Engineer performs action related to the public's knowledge and appreciation of engineering [7] ^ ^ Engineer's action does not protect the engineering profession (collectively and individually) from misrepresentation and misunderstanding [Hypo: "This could have been accomplished by withholding certain information ..., by misrepresentation ..., or by quoting a price which was lower than could be considered proper ..."] ^
R27:52 Violated, 

Less Importance

Explicitly Discussed None None ^ Engineer has an employer [1] 

Engineer accepts other part-time engineering work [7] ^

^ Engineer accepts the part-time work at a salary or fee less than that recognized as standard in the area [Hypo:"This could have been accomplished ... by quoting a price which was lower than could be considered proper..."] ^
R27:53 Violated, 

Less Importance

Referenced Only None None ^ Engineer has an employer [1] 

Engineer has outside employment [7] ^

^ Engineer uses the employer's office facilities to carry on outside employment [Unstated assumption] 

Engineer does not have his employer's consent [Unstated assumption] ^

The board cited the following evidence that conflicts with their conclusion:

Code Code Status How Cited Grouped With Over rides Why Relevant? Why Violated, Not Violated, Changed, or Not Applicable?
Prof. Policy #52 Not Violated Explicitly Discussed None None ^ % Engineer seeks other employment % [5, 7] ^ ^ % The Engineer has the right to seek and accept other employment in his field [Prof. Policy #52] % ^

The board cited the following background information that neither directly supports nor directly conflicts with their conclusion:

Code Code Status How Cited Grouped With Over rides Why Relevant? Why Violated, Not Violated, Changed, or Not Applicable?
C27. Changed Explicitly Discussed None None ^ Engineer has an employer [1] 

Engineer accepts other part-time engineering work [7] ^

^ % Engineer enters negotiations for work in connection with a project for which he has gained "particular and specialized knowledge" % [1, 3, 7] ^

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