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Ethics
Today Online
Published
by the Ethics Resource Center
December 2004 Volume 3, Issue 3

Please
note: The Ethics Resource Center will be closed for the
holidays from December 25 through January 2. We will re-open on
January 3, 2005.
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** A Word from
the Chairman of the Board
As Chairman of the Ethics Resource
Center Board, I am pleased to announce that Dr. Patricia J. Harned
has been appointed ERC President. Combining broad experience in
the areas of ethics, education, and research with six years managing
a wide range of projects at the ERC, Dr. Harned is well-equipped
to lead the next phase of our organization's development.
You can read more about Dr. Harned's
outstanding background later in this newsletter, in our press release
and link to her biography, but I'd like to take a few lines to fill
you in more personally. I have been involved with the ERC since
2001, first as Chairman of the Fellows Program and now as Chairman
of the Board. During that time, I have seen the world of ethics
grow and change, with corporations facing unprecedented ethics challenges
under new legislation, and more and more people coming to realize
the importance of character education and global ethics management.
Much as the field has changed and developed,
so has Pat Harned. In positions of increasing responsibility - from
Director of Character Education to Director of Research, from Managing
Director to Vice-President - she has shown her commitment to making
the ERC the thought leader in organizational ethics. She has directed
original research and managed the development of new programs based
on knowledge learned in the field, and is driven by our goal to
help organizations foster environments where individuals act ethically.
The ERC Ethics Index (SM) is just one
example of her forward-thinking. When it became clear that the revisions
to the Federal Sentencing Guidelines would emphasize the need for
ethics program evaluation and risk assessment, Dr. Harned spearheaded
the development of a benchmarking product whereby organizations
can periodically evaluate the effectiveness of their compliance
and ethics programs. Based on our exclusive dataset from periodic
National Business Ethics Surveys over the past decade, the ERC Ethics
Index includes a range of survey instruments that collect organizational
data and compare it to benchmark data reflecting the experience
of other organizations and industries.
Dr. Harned is dedicated to the Board's
vision of making our findings accessible for the benefit of all
organizations, supporting their efforts to build healthy and ethical
environments. This issue of Ethics Today is a prime example, including
information and original thinking on risk management, an issue of
current concern to many businesses, as well as the third article
in a series detailing the revisions to the Federal Sentencing Guidelines
and other ethics news.
I have been fortunate to work with
Dr. Harned during much of her tenure at the ERC and, along with
the entire Board, am delighted to know that she will be leading
the organization into a new and exciting era of organizational ethics.
The Honorable Stephen D. Potts,
Chairman of the Board
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** Guest Column:
Enterprise Risk Management and the COSO Framework
"High profile business scandals, economic
slowdown causing many business failures, world events - all have
created an increased awareness of the importance of risk management,
governance and control. They have emphasized the danger of not paying
attention to risks and uncertainties. On September 29, 2004, the
Committee of Sponsoring Organizations of the Treadway Commission
(COSO) released "Enterprise Risk Management - Integrated Framework"
(the "Framework") to provide companies with a roadmap for identifying
risks, avoiding pitfalls as well as taking advantage of opportunities
to grow shareholder value."
In the rest of this article, ERC Board
Member Colleen Sayther-Cunningham, President and CEO of Financial
Executives International (FEI), identifies the components of the
COSO Enterprise Risk Management Framework and discusses the importance
of having enterprise risk management.
Read the rest of this column at:
/resources/article_detail.cfm?ID=866
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** Resources
from COSO on Risk Management
COSO is comprised of five major professional
US associations who joined in 1985 to sponsor an initiative to study
the factors that can lead to fraudulent financial reporting and
develop recommendations for public companies and their independent
auditors, for the SEC, and other regulators, and for educational
institutions. In 2004, following several years of research, analysis
and a public comment period, the group released the COSO Enterprise
Risk Management Framework, which expanded upon their original "Internal
Control Framework." Authored by PricewaterhouseCoopers on behalf
of COSO, the Framework is designed to raise a consistent "risk and
control consciousness" throughout an enterprise and to become a
commonly accepted model for discussing and evaluating the organization's
risk management processes,
The Executive Summary for Enterprise
Risk Management -- Integrated Framework defines enterprise risk
management (ERM), discusses the objectives of ERM, and suggests
uses of the report.
Download the Executive Summary of the
Framework at:
http://www.coso.org/Publications/ERM/COSO_ERM_ExecutiveSummary.pdf
(This item requires Acrobat Reader)
COSO and PricewaterhouseCoopers also
answer frequently asked questions about COSO's Framework,, such
as how the Framework relates to other documents, including Sarbanes-Oxley
and the Internal Control Framework, why organizations should support
the Framework and how its use might impact a variety of people in
an organization.
Read the frequently asked questions
at:
http://www.pwc.com/extweb/manissue.nsf/docid/
AE705DF482E6B67485256F1C007017F1 (Web version)
http://www.fei.org/download/coso_faq_9_29_04.pdf (PDF version)
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** The Federal
Sentencing Guidelines and Enterprise Risk Management
Published in October 2004, the second
article in our series on the revisions to the Federal Sentencing
Guidelines discusses the new requirements of "risk assessment" and
"program evaluation." Author Ken Johnson puts these requirements
into the broader context of other current management initiatives,
such as "enterprise risk management," "managing for results," and
"outcomes-based program evaluation." These various initiatives suggest
that, to be effective, a compliance and ethics program must manage
identified risks and uncertainties through a carefully tailored
program that is designed, implemented, enforced, and evaluated to
achieve carefully chosen program outcomes.
Read "Enterprise Risk Management" at:
/resources/article_detail.cfm?ID=864
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** ERC Appoints
Pat Harned as President
At its recent meeting the ERC's Board
of Directors appointed Patricia J. Harned, Ph.D., to the position
of President of the Ethics Resource Center (ERC) and underscored
the crucial central research mission of the ERC. Dr. Harned joined
the ERC in 1999 and was appointed Vice President of the ERC in 2003.
She succeeds Dr. Stuart Gilman, who retired as the ERC's President
earlier this year. In accepting the position, she stated, "I am
delighted to be leading the ERC at this time and fully share the
Board's priority to enhance the ERC's national leadership in advising
corporations and advancing research in corporate ethics. At the
same time, we see great potential for our character education programs
and for strengthening our network of international ethics institutes."
Read the press release at:
/releases/nr_20041203_patharned.html
Read Dr. Harned's biography at:
/president.html
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** 2004 Student
Leadership in Ethics Award
To
acknowledge outstanding leadership and service by students participating
in the ERC's Student Ethics Office™ program, the ERC, through the
generous underwriting support of the TEOCO Corporation, has established
a Student Leadership in Ethics Award. The award, which includes
recognition and a $1000 grant, will be conferred annually on a student
who demonstrates exceptional character and ethics in the school
environment, as well as his or her daily life. Award criteria
include a demonstrated commitment to ethics and the ability to translate
vision into specific goals and behaviors, including:
- Assistance in identifying goals
for the Student Ethics Office (SEO)
- Behavior that exceeds the standard
and puts exceptional ideas into practice
- Contribution of innovative ideas
to the SEO
- Clear dedication to promoting change
The winner must also show evidence
of ethical moral courage in dealing with issues internal and external
to the Student Ethics Office and the school, and in setting and
achieving high standards of ethical conduct within the school, including:
- Ethical role modeling in daily interaction
with peers, teachers, and others in the school community
- Ethical leadership that goes beyond
just following the rules
- Demonstrated commitment to abide
by a higher standard of behavior and ethics when confronted with
difficulties
- Ability to make difficult ethical
decisions on a principled basis, despite conflicting obligation,
rights, or values
- Exhibition of courage and wisdom
in daily interactions with others.
The 2005 Student Leadership in Ethics
Award will be presented in late January during the Student Fellows
Program Executive Meeting. We will publish summaries of the nominations
for our outstanding finalists in the next issue of Ethics Today,
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** Revisions to
the Federal Sentencing Guidelines: Seven Minimum Requirements (Part
3 of 7)
This series, by Kenneth Johnson, ERC
Adjunct Senior Consultant and Director of the Ethics & Policy
Integration Centre (EPIC), describes and comments upon the US Sentencing
Commission's amended requirements for an "effective program to prevent
and detect violations of law."
In his third article in the series,
Mr. Johnson provides background information and discusses in some
detail the seven "minimum requirements" of an effective compliance
and ethics program, as the Commission defines one. For each requirement,
he includes the actual language of the 2004 Organizational Guidelines,
followed by the comments made by the Commission in the document
forwarding the proposed amendments to Congress. He then comments
on what our research and experience suggest might be helpful in
either understanding or applying the 2004 Organizational Guidelines.
Read this article at:
/resources/article_detail.cfm?ID=867
Read the first article introducing
this series at:
/resources/article_detail.cfm?ID=861
Read part 2 in this series "Enterprise
Risk Management" (also referenced above):
/resources/article_detail.cfm?ID=864
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Everyday Ethics:
Taking the High Ground in Sports
George W. Gowan, General Counsel at
the United States Tennis Association, responded to a letter written
for Tennis Week by ERC Board Chairman Stephen Potts regarding the
Paul Hamm affair, with the following comments:
"Years ago, Cornell had an Athletic
Director Bob Kane, who later became President of the USOC. Cornell
won a hard fought football game in the last minutes of play. After
the game, it became apparent that the winning score had occurred
on a fifth down. Kane got the team together and it was decided to
give the win to the opponent. More recently, a team from Colorado
found itself in an identical situation but kept the "win."
While it may be understandable for
Hamm to conclude "I did nothing wrong and I won," perhaps a Bob
Kane might have acted differently than did the USOC."
Look for more articles on having the
courage to take personal responsibility in our March 2004 issue.
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** Publications
and Media Coverage
-- "Right Makes Might," Tennis
Week, October 26
In this letter, ERC Board Chairman
Stephen D. Potts writes that the controversy over Paul Hamm's gold
medal and questionable calls in the Serena Williams-Jennifer Capriati
match reminded him of an example of sportsmanship he experienced
when he played tennis at the highest levels of competition. He goes
on to tell the story of how in the finals of a national tennis tournament,
what appeared to be his match-winning shot was called out, to the
surprise of his opponent Hal Burrows as well as himself. When the
linesman held fast, Steve Potts nervously served off-speed -- and
Burrows let the ball bounce by him without swinging. Mr. Potts,
who described the incident as "one of the best things that ever
happened to me" in a May 2003 Ethics Today article, also relates
the story on video in his "Leaders on Ethics" interview. Mr. Potts
formerly served on the USOC Ethics Committee and is currently chair
of the USTA's Olympic Tennis Committee. He discussed the Paul Hamm
controversy in an August 2004 Ethics Today article.
Read "Ethics and the Game of Tennis"
at:
/resources/article_detail.cfm?ID=819
View "Prince Hal of the Tennis Kingdom"
at:
/flash/potts.html
Read "Paul Hamm's Once in a Lifetime
Opportunity" by Steve Potts at:
/resources/article_detail.cfm?ID=860
-- "There are lies, darn lies
and business lies," Orlando Sentinel, December 12
"Are the rules different in business?
I should hope not," said ERC Fellow and Penn State professor Linda
Trevino in this article by an Orlando columnist discussing truth
and lying in business. ERC consultants were also interviewed for
the column expressing discouragement about the prevalence of fibbing
in business matters.
Read the column at:
http://www.orlandosentinel.com/business/
orl-subizclarke12121204dec12,1,4918731.column
-- "Top job may cost Leavitt his
business: Share in a family company could bring tough questions
during confirmation," Salt Lake Tribune, December 16
Board Chairman Stephen Potts, former
head of the Office of Government Ethics (OGE), is quoted extensively
in an article discussing the options for former Utah Governor Mike
Leavitt, who has been nominated for Secretary of Health and Human
Services. Mr. Leavitt owns a one-seventh share of a large family-held
insurance brokerage, and faces potential conflicts of interest if
he is put in a position to influence federal health policies. Mr.
Potts said it is possible Mr. Leavitt would be required to sell
off his share of the business, which might prove difficult because
they are privately held family interests. Another option cited by
Mr. Potts is to put the shares in a trust in which an independent
executor has full discretion over the assets, but he noted that
Mr. Leavitt would then be prohibited from acting on anything that
could impact the interest of the family insurance company. Finally,
Mr. Leavitt could seek a waiver from the OGE on the basis that his
decisions at the agency are so broad that the company would not
receive a substantial benefit. The second part of the article shares
opinions of representatives from health care organizations as to
whether there is a real or apparent conflict.
Read this article at:
http://www.sltrib.com/ci_2488202
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** News from
the ERC
-- Since the late 1990s, the ERC facilitated
the development of the Ethics Institute of South Africa (EthicSA),
the Gulf Centre for Excellence in Ethics (now the financially independent
Dubai Ethics Resource Center), the private sector division of Transparencia
por Colombia and the Turkish Ethical Values Foundation (TEDMER).
While the centers in Colombia, South Africa and Turkey provide a
wide variety of services in business ethics, education, corporate
governance, fraud prevention and anti-corruption, each has more
work to do in order to become self-sustaining. With a generous grant
from The Merck Company Foundation, the ERC has engaged the London-based
Prince of Wales International Business Leaders' Forum (IBLF) to
help review each center's efforts to promote ethical business practices
and good governance. The ERC and IBLF will visit each of the three
centers and work with local staff to assess market needs and receptivity
to ethics-related services, forge new relationships with prospective
donors and discuss strategies for sustainability. Associate Consultant
in International Programs Abby Davidson kicked off the first of
these visits in December with a trip to EthicSA in Pretoria, South
Africa.
-- After leaving the ERC in September,
former ERC Principal Consultant Frank Navran has re-established
his management consulting and training company, Navran Associates
2, and will continue to work with the ERC and the international
centers on special projects. Of particular interest is a new series,
authored by Mr Navran and posted on his website, called "Simple
Truths - Wisdom in a Complex World." According to Mr. Navran , "Simple
Truths does not deny or underestimate the complexity of today's
world. Neither does it express a yearning for a simpler time - viewed
through a haze of nostalgia. It is neither simplistic nor simple-minded.
Rather it seeks to remind us all that success in today's world does
not require that we neglect the simple truths that have served us
well in the past. Quite the contrary, it is precisely these simple
truths that often provide the keys to unlocking the new and complex."
The first two articles -- "KISS" and
"The Worst Case" -- are available now at:
http://www.navran.com/simple-truths.shtml
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** Support Organizational
Ethics Research (and get NBES 2005)
The National Business Ethics Survey
(NBES) (SM) has proven to be of great value to organizations, as
it identifies the issues and challenges facing our nation's employees
that must be addressed in order to create and sustain an effective
ethics program. The 2005 version of the study will undertake additional
analysis of compliance practices, communications efforts by corporations,
and industry-specific measures. We are in need of sponsors to enable
us to expand the survey to allow for increased representation of
prominent industries. Sponsors of this effort will help create a
widely used and highly respected resource that business leaders,
educators, and researchers can use to advance ethics and integrity
in theiworkplace, schools and society.
Donors of a tax-deductible contribution
of $50 or more will receive a complimentary copy of our 2005 NBES
and acknowledgment as a sponsor in the publication.
Make a contribution to the 2005 NBES
at:
/2005nbesdonation.html
For more information or to inquire
about larger sponsorship levels, contact Development Manager Allison
Pendell-Jones at allison@ethics.org.
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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:
The ERC also thanks the following for
contributions in support of specific programs:
- Goldman Sachs, in support of the
Student Ethics Office program
- Merck Company Foundation, in support
of the International programs
We acknowledge with appreciation contributions
to the NBES Customer Campaign from the following:
- Business Roundtable Institute for
Corporate Ethics
- Wilfred K. Chow
- Eureka Learning Tools
- Nicor Gas
- Dr. Lynne Sharp Paine
- Dr. Kathleen S. Valde
You can make a tax-deductible credit
card donation online at:
/miva/merchant.mv?Screen=CTGY&
Store_Code=ERC&Category_Code=D
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
10 times this year. The November and December issues will be combined
into one issue, as will the July and August issues.
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/today/et_archives.html
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