THE DISCIPLINE FILE
Case No. 18-003 RDO continued
the content is punishable by law,” and that “access to this practice test is not transferable to others.” 8. On November 28, 2017, the Member successfully challenged the NPPE. On December 19, 2017, the Member received his P.Eng. and became a Professional Member of APEGA. 9. On January 31, 2018, the Member posted an adver- tisement on Kijiji titled, NPPE Exam Books + 100 Practice MCQs . The description of the ad included the following items available for sale for a total of $250: Textbook: Canadian Professional Engineering and Geoscience Practice & Ethics, Fifth Edition, 2014 (brand new never used) Textbook: Practical Law of Architecture, Engineering and Geoscience, Third Edition, 2015 (brand new never used) NPPE Practice MCQ’s (from nppepractice.com) online access + downloaded The Member advised in the ad that the items would normally total a $362 value. 10. On February 1, 2018, Complainant B received an automated alert from Kijiji, pointing him to the Member’s advertisement. Complainant B determined through a review of the ad, the purchase records, and the APEGA member database the seller was the Member (an active Professional Member of APEGA). 11. Posing as a potential buyer, Complainant B contacted the Member through Kijiji to inquire about the advertisement. The Member did not respond to the inquiry. 12. On February 2, 2018, Complainant B referred a complaint to the APEGA Director of Investigations, alleging that the member violated the unauthorized sharing/transfer terms on nppepractice.com. The complaint did not make allegations with respect to the sale of the text books. 13. On February 2, 2018, the Director of Investigations phoned the number in the advertisement (identical to the Member’s number) posing as a potential buyer. After the Member identified himself and confirmed the advertisement remained active, the Director of Investigations notified the Member of the complaint and directed the Member to remove the ad. The Member complied immediately.
A. THE COMPLAINT 1. The APEGA Director of Examinations forwarded the matter to APEGA’s Investigative Committee, alleging that the Member may have engaged in unprofessional conduct and/or unskilled practice, contrary to Section 44(1) of the Engineering and Geoscience Professions Act (the “Act”), by advertising and attempting to sell/transfer his login information for online access to the 100-question National Professional Practice Exam (NPPE) practice test, contrary to the agreement he acknowledged on nppepractice.com. B. AGREED STATEMENT OF FACTS 2. The Member was an engineer-in-training (E.I.T.) or a professional member of APEGA and was bound by the Act and the APEGA Code of Ethics. 3. In September 2017, the APEGA Admissions Committee invited the Member to challenge the NPPE. The Member elected to challenge the exam in November 2017. 4. In preparation for the exam, the Member purchased two textbooks: Canadian Professional Engineering and Geoscience Practice & Ethics, Fifth Edition (2014) and Practical Law of Architecture, Engineering and Geoscience, Third Edition (2015). 5. On October 26, 2017, the Member also purchased access to the 100-question NPPE practice test on nppepractice.com for $95. This website is administered by service provider Yardstick Assessment Strategies Inc. on behalf of APEGA. 6. The purchase of the practice test allowed the Member three attempts at the test within one year from the date of purchase. 7. On November 13, 2017, the Member logged in to his account on nppepractice.com and successfully challenged the practice test on his first attempt. Before taking the practice test, the Member digitally acknowledged an agreement/warning which stated that the confidential content “is not to be copied, shared, or discussed with any other person,” that “unauthorized sharing or distribution of
56 | PEG WINTER 2018
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