THE DISCIPLINE FILE
Case No. 18-003 RDO continued
4. Professional engineers and geoscientists shall comply with applicable statutes, regulations and bylaws in their professional practices.
14. Because of Complainant B’s intervention, the Member’s attempt to sell his login credentials was never completed. 15. The Member confirmed that he did not copy the test material; rather, he offered for sale his login credentials so that the purchaser could use the two remaining practice test attempts on his personal nppepractice.com account. After reviewing the warning/agreement, the Member admitted the agreement clearly states his access was not transferable. The Member advised that he made a mistake and did not intend to violate the terms of the agreement at the time he placed the ad. Panel Findings 16. The Investigative Committee determined that this matter would best be resolved through a Recommended Discipline Order rather than a formal hearing, having consideration for the following: there is no risk of harm to the public, the admission by the Member, the timely cooperation of the Member in this investigation, the remorse expressed by the Member, and the Investigative Committee Panel’s finding that although the Member’s conduct demonstrated an error in judgment, it was not malicious. The same considerations apply to the Panel’s recommendation that this matter and its outcome should be published without naming the Member. C. CONDUCT 17. The Member freely and voluntarily admits that his conduct, described above, constitutes unprofessional conduct as defined in Section 44(1) of the Act. 18. The Member also acknowledges that the conduct described above contravenes the Rule of Conduct #3 and #4 of the Code of Ethics . 3. Professional engineers and geoscientists shall
D. RECOMMENDED ORDERS 19. On the recommendation of the Investigative
Committee, and by agreement of the Member with that recommendation, and following a discussion and review with the Discipline Committee Case Manager, the Discipline Committee hereby orders that: 1. The Member will receive a Letter of Reprimand and a copy will be maintained permanently in the Member’s registration file and be considered at any future date by APEGA. 2. The Member will be assessed, and will pay, a fine of $500 within three (3) months from the date this Order is approved by the Discipline Committee. 3. This matter and its outcome will be published by APEGA in any form or media deemed appropriate, but have regards to the established publication practices of APEGA in prior cases, and such publication will not name the Member. 4. The Member will deliver a letter of apology to the APEGA Director of Examinations, and provide the Discipline Committee with a copy of said letter and proof of delivery within three (3) months from the date this Order is approved by the Discipline Committee.
Signed, [PROFESSIONAL MEMBER A] , P.ENG. KEVIN WILLIS, P.ENG. APEGA Investigative Committee TIM MORAN, P.ENG. Case Manager, APEGA Discipline Committee
conduct themselves with integrity, honesty, fairness and objectivity in their professional activities.
Date: May 14, 2018
WINTER 2018 PEG | 57
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