Ethics
Today Online
Published
by the Ethics Resource Center
September 30, 2004 Volume 3, Issue
1


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A Word from the President: Measuring Ethics
One of the continuing issues in organizational
ethics is measurement of the impact of formal ethics programs, especially
as programs are increasingly designed to integrate ethics into the
organizational climate. The importance of measuring the effect of
such programs is not in question. Organizations aren't lacking incentives
to measure effectiveness either. Indeed, the revisions to the Federal
Sentencing Guidelines for Organizations, scheduled to take effect
in November 2004, will legally require the majority of organizations
in the United States to periodically measure the effectiveness of
their ethics and compliance programs.
Measurement of program effectiveness
is difficult, in part, because organizational data on its own is
difficult to interpret. Without something to measure against, it's
hard to know if company data is positive or negative. In an effort
to help organizations better understand the effectiveness of their
ethics programs, we at the Ethics Resource Center are pleased to
be able to offer a survey solution that enables organizations to
satisfy the legal requirement and benefit from an affordable mechanism
for ongoing compliance. The survey enables participating organizations
to compare their ethical practices to national averages. Furthermore,
trade organizations and their members may contract with the ERC
to establish industry averages to which their members can compare
their individual results.
For ten years the ERC has offered the
National Business Ethics Survey (NBES), which identifies the impact
of ethics program elements and trends in organizational ethics from
the perspective of the American workforce. The new ERC Ethics Index(tm),
based upon that NBES dataset, can help organizations comply with
the law while improving their efforts to encourage ethical business
practices. Furthermore, in order to create a reliable dataset against
which ethics and compliance performance can be benchmarked, the
ERC has expanded the NBES instrument and dataset to examine the
effectiveness of ethics and compliance programs.
Companies of all sizes and sectors
can benchmark against the ERC's dataset. Even companies that do
not have an ethics/compliance program in place may wish to use the
ERC Ethics Index(tm) instrument to provide baseline data to indicate
areas of priority in program establishment.
The process is fairly straightforward
and administered by the ERC to preserve confidentiality and anonymity.
Companies distribute the ERC Ethics Index (tm) survey instrument
via email and/or paper to a randomly selected group of employees.
The ERC then analyzes the responses to measure:
- Impact of formal ethics program
elements, such as the company code of conduct, ethics training,
and reporting systems;
- Impact of informal culture, including
leadership, peers and internal pressures such as mergers, acquisitions
and financial difficulty;
- Compliance program effectiveness;
and
- Levels of misconduct taking place
in an organization, as well as the amount of pressure to commit
misconduct.
November 1, 2004 will be an important
day for many organizations, as new requirements in the Federal Sentencing
Guidelines take effect. Among them, measurement of effectiveness
and assessment of risk will become a part of the process in ethics
and compliance. This issue of Ethics Today contains the first article
in a series dissecting the new FSG requirements and how they will
impact organizations. Furthermore, information about the ERC Ethics
Index (tm) is provided. We also encourage you to visit our special
website, at www.ercethicsindex.org to learn more about measurement
of program effectiveness and the ERC's exciting new benchmarking
service.
Patricia J. Harned
Acting President
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ERC Ethics Index(tm) Benchmarking Solution
The Ethics Resource Center is pleased
to introduce the ERC Ethics Index(tm), a benchmarking solution that
can help organizations comply with the law while improving their
efforts to encourage ethical business practices.
For over a decade, the ERC has been
benchmarking trends in business ethics with the National Business
Ethics Surveys (NBES), which identifies the impact of ethics program
elements from the point of view of the workforce, the extent to
which employees perceive the informal culture of the organization
as ethical, and the level of misconduct present within an organization.
The best gauge of a company's ethics
is feedback from employees, implemented through a systematic effort
to measure ethics/compliance program effectiveness. ERC's Ethics
Index(tm) leverages our ten-year-old dataset collected through our
National Business Ethics Survey to allow companies to:
- Collect information from their employees
to gauge the effectiveness of their ethics/compliance efforts;
- Benchmark to peer organizations;
and
- Benchmark to national trends
In addition, by identifying issues in
need of corporate leadership attention, the ERC Ethics Index provides
companies of all sizes and sectors, regardless of whether they have
a formal ethics program in place or are just getting started, valuable
information that can help them improve or develop effective ethics
programs.
The ERC has developed a website providing
details about the ERC Ethics Index(tm), including answers to frequently
asked questions such as:
- How does the survey work?
- What will the results look like?
- How is the survey administered?
- How many people need to take the
survey?
- What if we don't want to ask all
the questions? Can we change the questions?
- How much does it cost?
- Is this confidential and anonymous?
- What questions are asked?
Get answers to these questions and read
more about the ERC Ethics Index at:
http://www.ercethicsindex.org
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NBES and Organizational Assessments
Other measurement-related offerings
from the Ethics Resource Center include:
- The 2003 National Business
Ethics Survey (NBES)
The 2003 NBES asked employees in
the 48 contiguous states to share their views on ethics and
compliance within their organizations. The broad concept of
business ethics may defy easy summary, but the survey questions
in this third NBES report are specific and focused. They combine
to yield answers on matters relating to how employees distinguish
right from wrong behavior in their work, the availability of
resources to aid in making appropriate decisions, and the general
practice of values like honesty and respect in the workplace.
Read the NBES executive summary,
statements, questions and related stories at:
/nbes2003
Purchase the NBES online for $29.95,
plus $4.50 in shipping and handling (or $17 for PDF with no
shipping) at:
/miva/merchant.mv?Screen=CTGY&
Store_Code=ERC&Category_Code=PUB
- Organizational Assessments
In addition to measuring ethics
and compliance program effectiveness through the ERC Ethics
Index, the ERC also offers in-depth organizational assessments
that measure ethical risk, allowing management and employees
to better understand their areas of vulnerability. Even beyond
the requirements of the revisions to the FSG, this effort can
help organizational leaders to identify:
- The extent to which employees encounter
situations that potentially violate the law or company standards;
- Employee preparedness; and
- Areas for further company training
and education.
Assessment of risk before implementation
of a training or other ethics-related program allows organizational
leaders to address the appropriate needs, and also to gather baseline
data for measurement of effectiveness.
For more information about the ERC's
organizational assessment services, please contact ethics@ethics.org
.
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Business Ethics: Program Evaluation and Organizational Learning
The July issue of Ethics Today Online
highlighted a new manual for corporate responsibility programs published
in May by the U.S. Department of Commerce and co-authored by ERC
Adjunct Senior Consultant Kenneth W. Johnson, Director of the Ethics
and Policy Integration Centre (EPIC)
Chapter 10 of "Business Ethics:
A Manual for Managing a Responsible Business Enterprise in Emerging
Market Economies" addresses "the last of the eight fundamental
questions owners and managers must ask themselves: 'How should we
monitor, track, and report our performance as an enterprise and
continuously learn from it?'"
In this chapter, the authors discuss
the basic concepts and practices for evaluating a business ethics
program, such as defining the purpose of program evaluation, tracking
organizational culture, evaluating the process and defining expected
program outcomes. The chapter also includes charts on measurable
factors of organizational culture and measurable program outcomes,
among others.
The full document can be downloaded
for free at:
http://www.ita.doc.gov/media/Publications/blurbs/
ethics2004blurb.html
(Printed versions are available for sale also at that site.)
The EPIC website regularly updates
the Manual and provides current resources that supplement the publication
at:
http://www.epic-online.net/manual_added.html
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Ethics Effectiveness Quick Test: Excerpt on Measurement
Once ethics policies and procedures
are in place the organization should develop measurements for determining
if its ethical standards are being maintained and if those standards
are yielding the desired results. In this excerpt from the Ethics
Effectiveness Quick Test, we include the eight questions from the
Quick Test that help one to assess the ethics measurement process
in an organization.
The Ethics Quick Test was designed
by ERC Principal Consultant Frank Navran to assess an organization's
ethical effectiveness. Responses to questions in twelve ethics management
areas help identify what is working well within an organization
and where improvement might be required.
Quick Test the ethics measurement in
your organization, then read the potential impacts and recommended
actions, at:
/resources/eeqt_measurement.html
Take the full Ethics Effectiveness
Quick Test online, or download a PDF copy, at:
/quicktest
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ERC Fellows Study Measurement of Ethics Program Effectiveness
The Ethics Resource Center (ERC) Fellows
Program is a select group of corporate, government, non-profit and
educational leaders who share an expertise and strong practical
interest in the fields of organizational ethics. The Program provides
an intimate forum for meaningful dialogue around cutting-edge ethics
issues, which then prompts the formation of collaborative working
groups and research teams to address ethics issues and challenges
facing organizations today. The mission of the ERC Fellows program
includes an emphasis on work products or research outputs with practical
applications for corporate member organizations.
The issue of how to evaluate ethics
climate and measure the effectiveness of ethics training is the
topic of one such ongoing collaborative working group within the
ERC Fellows Program. As part of their research, the group has heard
from outside experts on the metrics of ethics effectiveness and
is developing a pilot for measuring the effectiveness of ethics
training.
Read more about the ERC Fellows Program
at:
/fellows
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**
Excerpts on Measuring Ethics
-- "The success of business-ethics
training can be difficult to quantify if the measurement criteria
are not clearly defined. Measuring numbers of employees who have
affirmed a code of conduct or who have attended a course may not
have a strong connection to whether behaviors are in alignment with
the company's expectations."
"The good news is that there are
in fact several ways to effectively measure the success of an ethics
program, each dependent on the company's ability to set specific
goals and milestones."
From "How Do We Know If Ethics
Training Is Working?"
Workforce.com
Read this article at:
http://www.workforce.com/archive/article/23/84/17.php
(You will have to complete a free registration with Workforce in
order to read the story.)
-- "Measurement of integrity or ethics can never be precise.
There are, however, practical indicators, which will show if there
are matters concerning the relation of the company to its stakeholders,
which the board needs to address."
From "Does Business Ethics Pay?"
Institute of Business Ethics
Read this article at:
http://www.it-analysis.com/article.php?articleid=1484
-- "Measuring the effectiveness of ethics programmes is difficult.
It is impossible to measure bad things that did not occur because
an ethics programme is in place and functioning well. However, there
are measures worth gathering: statistical and anecdotal views of
hot line/help line experience and employee perception surveys are
among the most helpful. "
From "It's All Down to Personal
Values"
Hollywood Reporter Media Analyst Corner
Read this article at:
http://www.hollywoodreporter.com/thr/pwc/talking_display.jsp?
vnu_content_id=2000910
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**
Benchmarking Code of Conduct
The American Productivity and Quality
Center (APQC) has developed a "Benchmarking Code of Conduct",
in which it describes benchmarking -- "the process of identifying
and learning from global best practices" -- as "a powerful
tool in the quest for continuous improvement and breakthroughs."
According to the Code, APQC developed
and adheres to this code of conduct to:
- Guide benchmarking efforts;
- Advance the professionalism and
effectiveness of benchmarking; and
- Help protect its members from harm
Adherence to this Code, it states,
will contribute to efficient, effective, and ethical benchmarking.
Read the APQC Code at:
http://www.apqc.org/portal/apqc/ksn/
Code_of_Conduct_electronic.pdf?paf_gear_id=contentgearhome&
paf_dm=full&pageselect=contentitem& docid=110003
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Revisions
to the Federal Sentencing Guidelines: Key Terms and Profound Changes
(First in a series)
This article, by Kenneth W. Johnson,
ERC Adjunct Senior Consultant and Director of the Ethics & Policy
Integration Centre (EPIC),is the first in a series that will describe
and comment upon the US Sentencing Commission's amended requirements
for an "effective program to prevent and detect violations
of law." We believe this to be a subject worthy of close study:
less because organizations should anticipate having problems with
federal regulators or prosecutors than because the amended FSGO
will provide an excellent foundation for designing ethics and compliance
programs.
This article highlights new key terms
used in the amended FSGO and describes four profound changes to
the definition and practice of an effective program. In articles
to follow, we will (1) explore the significance of the new requirements
for risk assessment and program evaluation; (2) lay out, in detail,
the seven required elements of an effective program, (3) explore
how an organization might approach evaluating its ethics and compliance
program, (4) examine how the Commission addressed the issues of
what is coming to be known as the "litigation dilemma,"
(5) integrate the FSGO provisions relating to small organizations;
and (6) conclude with thoughts about how organizational leaders
might take the notion of an effective program farther than the Commission's
charter allowed it to go. Along the way, we will point the reader
to resources used by the Commission, which may help the reader participate
more fully in the framing, discussion, and debates about program
effectiveness to come.
Read the full story at:
/resources/article_detail.cfm?ID=861
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Everyday
Ethics: The Refugees
"At 4:07. A.M., September 15,
2004, my wife and I became refugees although we didn't know it then.
We also didn't expect the journey to be an ethics lesson,"
writes ERC Programs Manager Jerry Brown, who lives in Ocean Springs,
Mississippi, and recently had to evacuate his home as a result of
Hurricane Ivan.
Read more about Mr. Brown's ethics
experience at:
/resources/article_detail.cfm?ID=862
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Publications and Media Coverage
--In 2003, the ERC collaborated with
the Office of Government Ethics of Puerto Rico (OGEPR) to assess
the environment for ethics within all agencies of the Executive
Branch of the Commonwealth. The result was "a landmark workplace
ethics survey - the first of its kind to invite all government employees
to participate." The survey focused on three primary areas
relating to workplace ethics: (1) standards of ethical conduct and
values (2) ethical issues and outcomes and (3) the environment for
ethics. The survey was designed to assess employee perceptions on
a range of ethics issues and topics and to gather baseline data
against which to evaluate future progress.
The report to the OGEPR was printed
in full in both English and Spanish in Ethos Gubernamental, Volume
1, Number 2, January to June 2004.
Read the October 2003 press release
about the Puerto Rico survey at:
/releases/nr_20031027_prsurvey.html
--"Wrong man for the job," Sports Illustrated,
August 6, 2004
ERC Board Chair, Stephen Potts, was
asked to comment on a recent story questioning the judgment of N.C.
State for hiring C.J. Hunter. Hunter tested positive four times
for the steroid nandrolone just before the 2000 Olympic Games and
made news by retiring from the sport rather than fight doping charges.
About a year later, he became a part-time assistant strength coach
with the N.C. State football program and was promoted to full-time
status in March 2003.
"I would say it is premature to
bring someone like that into a job like that," said Mr. Potts.
"Before you give him a job where trust is a big element, you've
got to think twice about it.''
Read the story at:
http://sportsillustrated.cnn.com/2004/writers/mike_fish/08/06/hunter.ncstate
-- "Stars' feet of clay sticky issue for parents," Atlanta
Journal Constitution, August 27, 2004
No matter the best intentions of the
parents who raise them, says this article, kids seek out role models
in popular culture. That's not all bad, however, according to some
experts, including ERC Acting President Patricia Harned.
"There's lots of research to show
that one of the most powerful ways to teach appreciation of service
and of ethics is through a role model," she says. "The
sports hero or role model can have a very powerful influence on
a person's character development."
But in a day when prominent athletes
show up regularly in the news with legal and criminal problems,
she advises parents to make sure the kids know the rest of the story.
Harned said that a fallen hero can provide a valuable lesson, if
parents tell their kids "the negative things he's doing and
the impact they've had on the sporting field and the fans who follow
him."
Read this story at:
http://www.ajc.com/friday/content/epaper/editions/friday/
sports_14e20e9b34e85243001a.html
(You will have to complete a free registration with the Journal
in order to read the story.)
--"Start the year with a mission statement," Jerusalem
Post, Sep. 14, 2004
This story discusses the importance
to an organization of having an ethics statement and cites the ERC's
handbook "Creating a Workable Company Code of Conduct"
as an "excellent guide to writing ethics statements."
The article is available for a fee
from the archives of the Jerusalem Post at:
http://www.jpost.com (search
ethics)
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News from the ERC
On September 7, ERC Manager of Character
Development Katie Sutliff and Associate Consultant for International
Programs Abby Davidson delivered training for international visitors
participating in a program sponsored by the US Department of State.
The participants from over 20 developing countries were part of
a delegation entitled "Accountability in Business and Government."
The introductory ethics training session was designed to equip participants
with tools and strategies to:
- Discuss ethics and the ethical
dimensions of their work;
- Work through ethical dilemmas;
- Recognize the connection between
the individual and the organization;
- Make the case for ethical conduct;
- Address ethical concerns in their
organizations;
- Act as ethical leaders in their
community; and
- Link organizational ethics to broader
development reforms.
Participants discussed objections and
challenges they faced in pursuing ethics initiatives and developed
new strategies to make the case for ethics. They also examined practical
approaches to address key ethics issues in their home countries. Following
the training, the delegation's sponsor commented, "I must say
that immediately after your session spirits were high and everyone
said how excellent and pertinent the training was. It was appreciated
and enjoyed by all!"
-- On September 14, Associate Consultant Abby Davidson provided
ethics training in the form of an overview of US models of ethics
and compliance to a delegation of men and women from Japan's financial
sector. Speaking through a Japanese translator, Ms. Davidson presented
best practice models and discussed the revised Federal Sentencing
Guidelines for Organizations' focus on evaluation. She then worked
with the group on practical tools and approaches for ethical decision-making
and facilitated a group discussion on integrating these tools into
Japan's financial sector.
-- On September 16, a delegation from Kenya, Uganda and Tanzania
sponsored by the Les Aspin Center participated in an interactive
presentation by Associate Consultant Abby Davidson on "The
Role of Organizational Ethics in Fighting Corruption". The
participants represented ethics and anti-corruption NGOs, government
agencies, women's development organizations, human rights organizations,
media and educational and policy development institutions. The session
focused on the preventive role of organizational ethics in combating
corruption, and provided tools and strategies for participants to:
dispel myths and rationalizations about organizational ethics; make
the case for ethics initiatives in Kenya, Uganda and Tanzania; act
as ethical leaders in the community; work through ethical dilemmas;
and develop inter-sectoral partnerships to advance effective ethics
initiatives.
-- The Dubai Ethics Resource Center (DERC) announced the launch
of its new website and upcoming launch of the its new Center. DERC
is the outgrowth of the Gulf Centre for Excellence in Ethics (GCEE),
developed in 1998 by the Ethics Resource Center in cooperation with
the UAE Ministry of Health and with the generous support of the
Merck Company Foundation. In 2002, following its plan to have regional
groups assume independent responsibility for all of its international
centers after they have become viable, the ERC officially transferred
the administration of the GCEE to officials in Dubai. On February
18 of this year, the Dubai Chamber of Commerce and Industry (DCCI)
and the ERC announced plans to establish the Center in Dubai.
ERC's former Director of International
Programs Alex Zalami is the Executive Director at the Dubai Ethics
Resource Center. The Center's vision is to be the leading ethics
center in the region, providing knowledge resources and value added
services to stakeholders and a platform for active regional contribution
to the development of global integrity standards. ERC Chairman of
the Board Stephen Potts serves on the DERC Advisory Committee.
Visit the Dubai Ethics Resource Center
online at:
http://www.dubai-ethics.ae
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**
Offering Our Thanks
As a non-profit organization, the Ethics
Resource Center depends on contributions from many generous donors.
Without their dedication and trust, many of the programs and projects
highlighted in this newsletter would not be possible.
The ERC thanks the following for their
contributions of general support:
- Bristol Myers Squibb
- Al DeLeon
- Fred Fielding
- Wiley Rein and Fielding LLP
- Charlie Kolb
- John Loomis
- Shaun O'Malley
- John Pohanka
- Steve Potts
- Schering-Plough Corporation
- Shell International
- C.J. (Pete) Silas
The ERC also thanks the Merck Company
Foundation for their generous support of the international programs
and centers.
We invite you to join our loyal contributors
in lending your support.
You can make a tax-deductible credit
card donation online at:
/miva/merchant.mv?Screen=CTGY&
Store_Code=ERC&Category_Code=D
In addition to general support,
the ERC is currently seeking funding to develop the 2005 iteration
of their National Business Ethics Survey. The ERC's National
Business Ethics Survey(c) (NBES) identifies trends in organizational
ethics from the perspective of our nation's workforce, utilizing
a statistically valid random sample of the US employed population.
Through the findings of NBES, business leaders have gained insights
that are now seminal to the business ethics industry. For the 2005
NBES, we have already secured in kind support from several organizations.
We are currently seeking other sponsors to underwrite the remaining
cost of producing, distributing and marketing this important study.
For more information, please contact
ERC Development Manager, Allison Pendell Jones at 202.872.4760 or
allison@ethics.org.
To find out about other ways to contribute,
go to:
/support_how.html
The Ethics Resource Center (ERC) is
a non-profit, non-partisan educational organization exempt from
taxation under the Section 501(c)(3) of the Internal Revenue Code.
All gifts are tax-deductible to the fullest extent of the law.
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PLEASE NOTE: Ethics Today will be published
11 times this year, with the July and August issues combined into
one.
=======================================================
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/today/et_archives.html
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