THE DISCIPLINE FILE
ROY SUDIPTO, P.ENG., PANEL CHAIR, APEGA INVESTIGATIVE COMMITTEE [PROFESSIONAL MEMBER A], P.ENG.
& #4) set out above are admitted and proven. The Member has therefore engaged in unprofessional conduct that contravenes a code of ethics of the profession as established under the regulations contrary to Section 44(1) (b) of the Act and Rules of Conduct #3 and #5 of the Code. With regards to the complaints (#1 & #2) set out above, the Member has demonstrated competence as it relates to the foundation design and therefore the conduct does not contravene Section 44(1) (e) of the Act or Rules of Conduct #1 or #2 of the Code.
APEGA Discipline Committee Approved this 17th day of March, 2016 By Case Manager Timothy Cartmell, P.Eng.
Date: March 18, 2016
Case No.: 16-008-RDO
D. SECTION 44(1) OF THE ACT AND THE CODE OF ETHICS
IN THE MATTER OF THE ENGINEERING, AND GEOSCIENCE PROFESSIONS ACT, AND IN THE MATTER OF THE CONDUCT OF [PROFESSIONAL MEMBER A], P.ENG.
Section 44(1) Any conduct of a professional member, licensee, permit holder, certificate holder or member-in-training that in the opinion of the Discipline Committee or the Appeal Board (a) is detrimental to the best interests of the public; (b) contravenes a code of ethics of the profession as established under the regulations; (c) harms or tends to harm the standing of the profession generally; (d) displays a lack of knowledge of or lack of skill or judgment in the practice of the profession, or; (e) displays a lack of knowledge of or lack of skill or judgment in the carrying out of any duty or obligation undertaken in the practice of the profession Whether or not that conduct is disgraceful or dishonorable, constitutes either unskilled practice of the profession or unprofes- sional conduct, whichever the Discipline Committee or the Appeal Board finds. Rules # 3 and #5 of the APEGA Code of Ethics state: 3. Professional engineers, geologists and geophysicists shall conduct themselves with integrity, honesty, fairness and objectivity in their professional activities. 5. Professional engineers, geologists and geophysicists shall uphold and enhance the honor, dignity and reputation of their professions and thus the ability of the professions to serve the public interest. E. ORDERS On the recommendations of the Investigative Committee, and by agreement of [Professional Member A], P.Eng., with those recom- mendations, following a discussion and review with the Discipline Committee Case Manager, the Discipline Committee hereby orders: • That [Professional Member A] shall receive a letter of reprimand. • That [Professional Member A] write a letter of apology to [Professional Member B]. The letter should indicate that [Professional Member A], as a professional courtesy, should have contacted [Professional Member B] prior to the use and/or modifications of the Project’s drawings. • That the case be published in the PEG without names.
The Investigative Committee of the Association of Professional Engineers and Geoscientists of Alberta (APEGA) has conducted an investigation into the conduct of [Professional Member A], P.Eng., with respect to [Professional Member A’s] attendance at a [Industry Group B]-sponsored training event on [Redacted Date].
A. COMPLAINTS
1. The Member has engaged in unprofessional conduct contrary to Section 44(1) (b) of the Engineering and Geoscience Professions Act (“Act”) and Rule of Conduct #3 of the APEGA Code of Ethics (“Code”). The Investigative Committee found that [Professional Member A] distributed a competitor’s business cards at a training event thereby attempting to solicit business away from his employer, [Company C].
B. AGREED STATEMENT OF FACTS 1. Background
As a result of the investigation, it is agreed by and between the Investigative Committee and [Professional Member A], P. Eng., that: 1. [Professional Member A], P. Eng., (“the Member”) was a professional member of APEGA, and was thus bound by the APEGA Code of Ethics, at all relevant times; 2. The Member holds a BSc., in Mechanical Engineering from the University of Engineering and Technology, [Name of Country Redacted] and an MASc., in Mechanical Engineering from [Name of University Redacted]; 3. The Member was employed by [Company C] while he attended the training conference in question but was shortly thereafter leaving to work for [Company D]. 2. Facts relating to the allegations a. The Member attended a [Industry Group B]-sponsored training event on [Redacted Date], he was employed at the time by [Company C];
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