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Ethics
Today Online
Published
by the Ethics Resource Center
February 2005 Volume 3, Issue 5

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A Word from the President: Best Practices
Sharing of "best practices"
occurs in many industries, as evidenced by a robust association
world that provides avenues to professionals in various fields for
exchanging ideas, conducting comparative analyses, and offering
lessons learned. The compliance and ethics industry is no exception.
As issues related to regulation continue to mount, and the complexities
of establishing ethical organizational culture deepen, networking
and conference opportunities abound. In these times of change, individuals
and organizations are increasingly seeking places where they can
both give and receive information on an ongoing basis.
Yet there really are no "best
practices" in compliance and ethics. Every organization is
unique, and if an effective program is to encourage right conduct
through the establishment of an ethical culture, then the "best
practice" for an organization is one that is tailored to the
context and priorities that are unique to its situation. For that
reason, ERC's contribution to the networking needs of compliance
and ethics professionals has taken a different focus. The ERC Fellows
Program is made up of compliance and ethics officers across industries,
along with academics and nonprofit groups who are interested and
positioned to impact the organizational ethics industry. The Fellows
discuss issues as a community, but then actively engage in ongoing
research to uncover new solutions and practical resources. At present,
the Fellows have eight working groups that will spend the next six
months addressing their colleagues' research questions.
While the Fellows use their meetings
to share research results and update each other on innovative programs
in their organization, they also take advantage of the opportunity
to hear from key individuals in the industry. At our January 2005
meeting, for instance, ERC leveraged our Washington location to
hear from members of the U.S. Sentencing Commission and the Department
of Justice and to discuss with those representatives what regulators
are thinking about when they look for an "effective" program.
Another important piece of the ERC
Fellows Program is the annual presentation of the Stanley C. Pace
Leadership in Ethics Award, which honors an organization, individual
or group of individuals displaying excellence in the ethics field.
The 2004 award was presented last month to the founding Chair of
the Fellows Program, and retired Chairman and CEO of the Lockheed
Martin Corporation, Norman R. Augustine, who is a perfect example
of what it takes to be an ethical leader in today's uncertain business
climate.
As we move through changing times in
the ethics field, I am pleased in this issue of Ethics Today to
highlight a part of our organization that confronts the most current
challenges in organizational ethics and also takes time to publicly
recognize the individuals and organizations that have brought us
this far.
Patricia J. Harned, Ph.D.
President
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Retired Chairman and CEO of Lockheed Martin Receives 2004 Pace Award
The Ethics Resource Center (ERC) has
awarded its 2004 Stanley C. Pace Leadership in Ethics Award to Norman
R. Augustine, retired Chairman and CEO of the Lockheed Martin Corporation
and founding chair of the ERC's Fellows Program. The Pace Award
is presented annually by the ERC Fellows and honors an organization,
individual or group of individuals displaying excellence in the
ethics field, and the recipient's accomplishments and contributions
in ethical business management.
This year's award was bestowed in recognition
of Mr. Augustine's extraordinary commitment to ethics throughout
his career and was presented on January 26, 2005, at the winter
meeting of the ERC Fellows. Stanley C. Pace, who is a long time
colleague of Mr. Augustine, presented the award at a reception also
attended by members of Lockheed Martin's Board of.
Read the rest of this press release
at:
/releases/nr_20050210_pace.html
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Ethics and Business: An Oxymoron?
In his remarks to the ERC Fellows and
guests upon receiving the Pace Award, Mr. Augustine said, "There
can be nothing more important in life than ethics and the closely
related matter of one's reputation. These are even more important
than one's health."
In addition, he noted, "The award
bears the name of my highly respected and long-time friend, Stan
Pace. In every industry there is a large body of people who do their
jobs responsibly and honestly. But there are also those few individuals
who are widely recognized by their peers as standing above the crowd;
people who have truly extraordinary personal standards of ethical
comportment and uncompromising personal compasses. Stan Pace is
one of that latter group."
In the remainder of his remarks, Mr.
Augustine talked about why he thinks there have been so many recent
disappointments in the field of ethics, how fundamentally decent
people end up making such tragic errors in ethics, and four useful
tests that one can apply when facing difficult ethical decisions.
Read Mr. Augustine's remarks at:
/resources/speech_detail.cfm?ID=869
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ERC Fellows Meet, Discuss "Effective" Programs
The ERC Fellows gathered in Washington
DC from January 26-28 to consider, among other topics, what regulators
look for in evaluating effective ethics and compliance programs.
Joan Mckown, Chief Counsel, SEC's Enforcement Division, and Tom
Hanusik, Assistant Chief, Fraud Division, DOJ, talked about indicators
that show companies are in trouble as well as the components that
may impact whether a company is charged and the factors that may
mitigate penalties.
Following the panel discussion, Invited
Fellow Paul Fiorelli of Xavier University gave a presentation on
the status of the Revisions to the Federal Sentencing Guidelines.
Read the outline of Mr. Fiorelli's
presentation on the status of the FSG revisions at:
/resources/efp_fsg.html
The Fellows also held a session on
Board training in light of the proposed revisions. They considered
the objectives of such training, who should deliver the training,
and how it relates to ethics training for senior leadership.
View the outline of Dr. Ed Freeman's
presentation from the Board Training panel discussion at:
/resources/efp_board.html
The meeting was prefaced by a special session on Measuring Training
Effectiveness, conducted by the Measurement Working Group
The ERC Fellows currently have active
working groups, on the following topics:
- Measurement
- Incorporating Ethics into Business
School Curricula
- China and India
- Ethics Officer Definition/Qualifications
- Getting Employees to Report
- Incentives that Foster Ethical Conduct
- Ethics Training for Boards and Senior
Management
- Risk Assessment
Read more about the ERC Fellows Program
at:
/fellows
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Student Fellows Program Holds Executive Session
Concurrent with the ERC Fellows Program
meeting, officers from programs using ERC's Student Ethics Office
(sm) model gathered for an executive session. The student leaders
reflected on what they have achieved so far, considered their visions
for the future and how to accomplish them, and the ways in which
they connect with the larger ethics community. The agenda included
attendance at a presentation given by former ERC staff member, Dr.
Joshua Joseph, at the ERC Fellows meeting
Learn more about the Student Fellows
Program and the Student Ethics Office (sm) model at:
/character/seo.html
(Return to top of newsletter)
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ERC Awards First Student Leadership in Ethics Award
The ERC awarded its first Student Leadership
in Ethics Award on January 28 to Vikrant Arya, a senior at Washington-Lee
High School in northern Virginia.
The award acknowledges outstanding
leadership and service by students participating in the ERC's Student
Ethics Office program and is funded through the generous support
of the TEOCO Corporation. 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
Finalists for the award were required
to submit a personal statement describing their commitment to ethics
as well as their contributions to the school community and the school's
Student Ethics Office (SEO). Among other things, the students were
told to address how they live their lives in a manner that shows
commitment to ethics, how they have served as a model for ethical
behavior, and how they feel their experiences as a leader in the
school's SEO will help prepare them for the future.
In his statement, Mr. Arya said "Each
society's foundations are built on a set of morals and values that
guide citizens to live life in an ethical, law-abiding manner. In
today's competitive world, however, people have started to lose
the respect for fair play and only concentrate on winning. Instead
of thinking about the consequences of one's actions, people tend
to make decisions based on the philosophy 'the ends justify the
means.' Seeing such drastically changing attitudes around myself,
I felt I needed to do my level best to make a difference."
Finalists were also required to submit
a letter of sponsorship completed by a school representative and
one completed by a classmate / peer in the school community.
(Return
to top of newsletter)
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Everyday Ethics: A Student Leader's Honor
This month's entry comes from the personal
statement of Vikrant Arya, the recipient of our Student Leadership
in Ethics Award.
"Having been faced with a few
occasions where a lack of judgement could have allowed me to be
unethical, I know the importance of having a good moral code. One
such instance was just a few weeks ago when I was alone in a class
with a classmate who was taking a test. Since the teacher was not
present, he took the opportunity of asking me for some help. I immediately
refused. His answer surprised me. He said, 'Aren't you my friend.
How can you let your friend get a bad grade?' I still refused and
went about doing my work. The moment he finished the test I sat
down with him and explained to him that it was because I am his
friend that I refused to give him the answers. Someone who did not
care about his future would have blindly read him the answers. But
I knew that if I helped him on that one little test then he would
have expected that help from someone, always. It would not have
inculcated in him the desire to learn and gain information on his
own."
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A Matter of Ethics
ERC Character Education Manager Katie
Sutliff spoke on the topic of "A Matter of Ethics" to
a February 19th meeting of the executive leader members of the Association
of College Honor Societies (ACHS) in Washington DC.
The ACHS is sponsoring a national project
called "A Matter of Ethics" in order to "unite member
societies to further one of our most important common goals: To
lend support and encouragement to promising young adults as they
strive to meet their full potential as future leaders in their respective
fields."
Read more about the program objectives
and see sample program ideas at:
http://www.achsnatl.org/ethics/index.asp
(Return to top of newsletter)
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Publications and Media Coverage
-- "Do the Right Thing,"
HR Magazine, February 2005
Today, companies are boosting their
ethics training programs in response to regulations that call for
ethics training and emphasize creating an ethical culture. According
to this article, while most companies begin ethics training to comply
with legal mandates and protect themselves against liability, the
training may also improve employee morale, recruitment and retention.
ERC President Patricia J. Harned is
quoted throughout the article. "More for-profit companies have
provided ethics and compliance training than ever before,"
she said, citing a finding from the 2003 NBES showing that 54 percent
of employees say their organizations provide ethics training.
The article also discusses the effectiveness
of online training as well as the benefits and logistics of ethics
training generally. On that point, Dr. Harned says that in order
to be effective, training must be mandatory for all employees. "All
members of an organization should participate-from the boardroom
to the shop floor. If leadership is exempt, it sends a clear message
to employees that some people are exempt from the rules," she
said.
Read the entire article at:
http://www.shrm.org/hrmagazine/articles/0205/0205tyler.asp
-- "Too Strict at NIH," Washington
Post, February 23
This editorial states that, while there
was a need to revise the overly permissive rules on conflicts of
interest at the National Institutes of Health, the across the board
restrictions imposed this month on outside consulting and investments
are too tough.
"It concerns me that it's overly
strict," said ERC's Chairman of the Board Stephen D. Potts,
a former head of the Office of Government Ethics and a member of
the blue-ribbon NIH panel that proposed the more limited rules.
Read the editorial at:
http://www.washingtonpost.com/wp-dyn/articles/
A45600-2005Feb22.html?sub=AR
The work of the NIH Blue Ribbon Panel
on Conflict of Interest Policies was one of the ERC's top stories
of 2004. According to the final report, the Panel found an "extremely
complex" set of rules governing conflicts of interest at NIH,
which are "widely misunderstood by some of the very people
to whom they are intended to apply, thereby creating uncertainty
as to allowable behavior and adversely affecting morale." The
Panel did not go so far as to ban outside consulting and investments,
noting that "these are important-even essential-activities
for NIH scientists, because they are part of the tradition of science
and provide evidence of the value and significance of the NIH research
community to the larger scientific community," but instead
made 18 recommendations to clarify and improve the current regulations.
Read the Panel's report at:
http://www.nih.gov/about/ethics_COI_panelreport.pdf
(Return to top of newsletter)
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News from the ERC
Kenneth W. Johnson, who previously
worked for the ERC as an adjunct senior consultant, has accepted
a full time position as Principal Consultant with the ERC. He specializes
in a systems approach to the ethics of the "learning organization,"
where people continually expand their capacities to create the futures
they truly desire to live. Mr. Johnson's work emphasizes the process
of being a responsible organization, one which fosters reasonable
stakeholder expectations through an effective ethics and compliance
program, creates value-adding strategic plans, and resolves conflict
constructively. He has consulted internationally with organizations
of various sizes and types, including transnational businesses,
an international labor union, and state and federal government agencies.
Mr. Johnson is principal author of
a manual exploring the role of the responsible business enterprise
for the Department of Commerce: Business Ethics Program Design and
Implementation: A Guide for the Responsible Business Enterprise
in Emerging Market Economies.
He brings a unique perspective on the
relationship between ethics and policy born of experience as a platoon
commander during the Vietnam War, a business litigation attorney,
the senior Marine Reserve officer in-theater during the Gulf War,
and over a decade as an ethics and policy consultant.
He holds a Juris Doctorate, a Master
of Arts in Ethics and Policy Studies, and a diploma in Advanced
Studies in Taxation. He has been an editor of the Arizona Law Review
and an Associate Editor of the newsletter, Ethical Management. An
accomplished speaker, he has given well-received presentations on
ethics and values for a wide variety of audiences. He has taught
at the graduate and undergraduate levels in critical thinking, change
management, and business ethics.
(Return to top of newsletter)
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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 like yourself can use to advance ethics
and integrity in your workplace, 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 make a major
contribution, 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
generous support:
- The Society for Human Resource Management
for sponsorship of the 2005 National Business Ethics Survey
- The Merck Company Foundation for
general support and support of our International Programs and
partner centers
- The Claude Moore Charitable Foundation
for support of character education programs
- Temporaries Now, Inc., for general
support and support of character education programs
The ERC thanks the following for their
contributions of general support:
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
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.
(Return to top of newsletter)
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PLEASE NOTE: Ethics Today will be published
10 times this year, with the July and August issues combined into
one.
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