Publications: Ethics Today Archives

Ethics Today Online

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



 


 

** 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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