In accordance with Procedural Rule 2.31 (01/22/V4REG4_2) the following summary of a decision of the Professional Conduct Committee (PCC) is published without the Member's name:
A complaint was made to the Institution arising out of a Graduate Member’s submission of a structural report and calculations to a Building Control authority.
Taking all matters into account, the PCC found that the Graduate Member’s submission to the building control authority in relation to approaches to disproportionate collapse, was largely identical to templates privately owned and used by another structural engineering firm (“the Complainant”), and that the Graduate Member had not obtained the consent of that firm to use their intellectual property. The PCC also found that the Graduate Member’s submission was rejected by the building control authority due to the calculations included therein not being accurate.
The PCC, taking into consideration its findings, found that the Graduate Member failed to act with integrity (breach of Article 1 of the Code of Conduct) and that the Graduate Member accepted to undertake a task for which the member was not demonstrably competent (breach of Article 5 of the Code of Conduct).
The PCC issued a Reprimand against the Graduate Member, the highest sanction available to it, pursuant to Regulation 4.2.2.1(6), followed by a direction for the member to provide an Undertaking, pursuant to Regulation 4.2.2.1(4), in the following terms:
I, <member’s name>, shall ensure:
-
that any engineering calculations intended for critical work, for which I am responsible, are checked by an appropriately qualified engineer until such time that I have attained the relevant experience, knowledge and skills.
-
that consent is obtained, in writing, from the relevant person before using their software or intellectual property.
The PCC also ordered the Graduate Member to issue an Apology to the Complainant, pursuant to Regulation 4.2.2.1(2), and, issued the following Guidance to the member, pursuant to Regulation 4.2.2.1(1):
Members of the public and other professionals rely on, and make decisions based on, the advice and service provided by members of the Institution of Structural Engineers. The advice given, either verbally or in writing, including calculations and drawings, must be fair, honest, and trustworthy, in order to provide a safe and effective service for clients and their agents.
Honesty is essential. Operating with integrity and fairness engenders respect from clients and other professionals and provides a platform for open communication and effective professional relationships.