The Fact Chronology of Case # 87-5

Fact Time Qualifier
1. ABC Pipe Co. <organizes event> One-Day Pipe Seminar Pre-existing fact
2. ABC Pipe Co. <invites> Engineer A & Other Engineers <to event> One-Day Pipe Seminar. After the start of 1
3. ABC Pipe Co. <carries out event> One-Day Pipe Seminar. After the conclusion of 1, 2
4. ABC Pipe Co. <provides> Buffet Luncheon & Cocktail Reception <as part of the event> One-Day Pipe Seminar. Occurs as part of 3
5. Engineer A <attends event> One-Day Pipe Seminar. [Questioned Fact] Occurs during 3

Actor and Object Types.

1.
ABC Pipe Co. --> Engineering Supplier.
2.
One-Day Pipe Seminar --> Educational Seminar or Course.
3.
Engineer A --> Engineer.
4.
Other Engineers --> Engineer.
5.
Buffet Luncheon --> Tangible Favor.
6.
Cocktail Reception --> Tangible Favor.

The Board's Analysis

Questioned Fact(s): Fact 5
Questioned Actor or Actors: Engineer A
The Board's Conclusion: Ethical

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?
II.4.c. Not Violated, More Importance Explicitly Discussed III.5.b. None ^ Engineer has supervisory responsibility over another engineer [Unstated assumption] ^  ^ Engineer does not accept valuable consideration from contractors, their agents, or other parties in connection with the engineering work [4, 5, Inference based on facts] 

% Engineer accepts gifts that fall within the "de minimus provisions" of the code % [4] 

% Also, Engineer's attendance at the seminar will improve his education % [5, Inference based on facts] ^ 

III.5.b. Not Violated, More Importance Explicitly Discussed II.4.c. None ^ Engineer has a client [Unstated assumption] 

Engineer is responsible for engineering work with the client [Unstated assumption] ^ 

^ Engineer accepts a commission or allowance (directly or indirectly) from contractors or other parties in connection with the engineering work [5] 

% However, Engineer accepts gifts that fall within the "de minimus provisions" of the code % [4] 

% Also, Engineer's attendance at the seminar will improve his education % [5, Inference based on facts] ^ 

III.11.a. Not Violated Explicitly Discussed None None ^ Engineer has supervisory responsibility over another engineer [Unstated assumption] ^  ^ Engineer encourages the supervised engineer to improve his education [5, Inference based on facts] ^ 
 
 
Case Citation Type How Cited Grouped with Q # Why Relevant? Why Distinguished or Analogous?
60-9-B Distinguishing Precedent Explicitly Discussed 81-4 1 ^ % Engineer accepts a gift or valuable consideration under circumstances that could create an appearance that a supplier was trying to influence Engineer's judgment % [4, 5, Inference based on facts] ^  ^ % Engineer accepts an opportunity to become educated, rather than accepting a "quid pro quo" gift % [5] 

% Engineer accepts gifts that fall within the "de minimus provisions" of the code % [4] ^ 

81-4 Distinguishing Precedent Explicitly Discussed 60-9-B 1 ^ % Engineer accepts a gift or valuable consideration under circumstances that could create an appearance that a supplier was trying to influence Engineer's judgment % [4, 5, Inference based on facts] ^  ^ % Engineer accepts an opportunity to become educated, rather than accepting a "quid pro quo" gift % [1, 2] 

% Engineer accepts gifts that fall within the "de minimus provisions" % [4] ^ 

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

None.

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

None.

[Main Page] [Index to Reference Documents]
[Index to All Examples] [Previous Example] [Next Example]