All graduates of the engineering programs must demonstrate: an understanding of professional and ethical responsibility
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1 All graduates of the engineering programs must demonstrate: an understanding of professional and ethical responsibility Ethics moral principles that govern a person's or group's behavior Moral concerned with the principles of right and wrong behavior and the goodness or badness of human character
2 It's Alive!
3 Your choice is simple: join us and live in peace, or pursue your present course and face obliteration. We shall be waiting for your answer. The decision rests with you.
4 The needs of the many outweigh the needs of the few A robot may not injure a human being or, through inaction, allow a human being to come to harm. A robot must obey the orders given it by human beings, except where such orders would conflict with the First Law. A robot must protect its own existence as long as such protection does not conflict with the First or Second Law.
5 "When my own status as a living being was in question, you fought to protect my rights. And for that I will always be grateful. The exocomps had no such advocate. If I had not acted on their behalf, they would have been destroyed. I could not allow that to happen..."
6 NSP National Society of Professional Engineers Engineers, in the fulfillment of their professional duties, shall: 1. Hold paramount the safety, health, and welfare of the public. 2. Perform services only in areas of their competence. 3. Issue public statements only in an objective and truthful manner. 4. Act for each employer or client as faithful agents or trustees. 5. Avoid deceptive acts. 6. Conduct themselves honorably, responsibly, ethically, and lawfully so as to enhance the honor, reputation, and usefulness of the profession.
7 ASME The American Society For Mechanical Engineers 1. Engineers shall hold paramount the safety, health and welfare of the public in the performance of their professional duties. 2. Engineers shall perform services only in the areas of their competence. 3. Engineers shall continue their professional development throughout their careers and shall provide opportunities for the professional and ethical development of those engineers under their supervision. 4. Engineers shall act in professional matters for each employer or client as faithful agents or trustees, and shall avoid conflicts of interest or the appearance of conflicts of interest. 5. Engineers shall build their professional reputation on the merit of their services and shall not compete unfairly with others. 6. Engineers shall associate only with reputable persons or organizations. 7. Engineers shall issue public statements only in an objective and truthful manner. 8. Engineers shall consider environmental impact in the performance of their professional duties.
8 IEEE The Institute of Electrical and Electronics Engineers 1. to accept responsibility in making decisions consistent with the safety, health, and welfare of the public, and to disclose promptly factors that might endanger the public or the environment; 2. to avoid real or perceived conflicts of interest whenever possible, and to disclose them to affected parties when they do exist; 3. to be honest and realistic in stating claims or estimates based on available data; 4. to reject bribery in all its forms; 5. to improve the understanding of technology; its appropriate application, and potential consequences; 6. to maintain and improve our technical competence and to undertake technological tasks for others only if qualified by training or experience, or after full disclosure of pertinent limitations; 7. to seek, accept, and offer honest criticism of technical work, to acknowledge and correct errors, and to credit properly the contributions of others; 8. to treat fairly all persons and to not engage in acts of discrimination based on race, religion, gender, disability, age, national origin, sexual orientation, gender identity, or gender expression; 9. to avoid injuring others, their property, reputation, or employment by false or malicious action; 10. to assist colleagues
9 Engineering Ethics By Denise Nguyen Abstract Engineering Ethics is the set of rules and guidelines that engineers adhere to as a moral obligation to their profession and to the world. Engineering is a professional career that impact lives. When ethics is not followed, disaster often occurs; these disasters not only include huge monetary costs and environmental impacts, but also often result in the loss of human life. Engineering Ethics applies to every engineer and is very important. Background The National Society of Professional Engineers (NSPE) decides the overall standards and codes of ethics for all the engineering professions. The Preamble of the NSPE Code of Conduct for Engineers (2007) states: Engineers shall at all times recognize that their primary obligation is to protect the safety, health, property, and welfare of the public. If their professional judgment is overruled under circumstances where the safety, health, property, or welfare of the public are endangered, they shall notify their employer or client and such other authority as may be appropriate. This means that engineers should always be aware that their safety and the safety of those around them comes before anything, including any engineering projects they take on, no matter how wonderful the end product might be. That being said, engineering standards change from one professional engineering society to the next because of the work that different type of engineers do. For example, the work that a civil engineer does (e.g. construct a bridge) will be different from the work that a biomedical engineer does (e.g. making an artificial heart). However, no matter what type of engineer you are, Engineering Ethics is important because if you do not follow it you can be putting yours and someone else s life in danger.
10 Electrical Engineering Ethics Electrical Engineering is a type of engineering profession that deals with the creation of better electronics. Since our society is heading towards an era of technology, where all members of society will be affected, it is especially important for electrical engineers to follow a code of engineering ethics. For electrical engineers, an important set of guidelines is the Electrical Engineering Code of Ethics, published by IEEE (n.d.), the major professional association for engineers working in the fields of electrical, electronics, computer engineering, and communications. The Code emphasizes above all else honesty and avoidance of endangerment to the public or the environment. Problem Solving in Engineering Ethics Every engineer will find himself in a conflicting position. For example, consider the case of a biomedical engineer engineering a potentially working artificial kidney. When he was on the clinical trial phase, he needs to decide whether to proceed with testing on humans. If he proceeds, and the device fails, a human test subject could die. If he succeeds, he will be saving the lives of the thousands of people who need kidneys in the future. Although he is in a tough predicament, he can make his decision better by using the steps of problem solving in engineering ethics to help him make the best decision. The steps of Problem Solving in Engineering Ethics are (Johanssen, 2009): State the Problem: Clearly define what the ethical engineering problem is. Get the Facts: Obtain all relevant facts to the matter (i.e. the different moral viewpoints) and then analyze them all. Identify and Defend Competing Moral Viewpoints: Analyze the pro and cons of different moral viewpoints and pick the best course of action. Come up with a Course of Action: Pick the best course of actions, and answer all un-answered questions. Qualify the course of Action: Back up the course of action with facts or statistics.
11 In the scenario above, the biomedical engineer can first state the problem, which is whether or not to proceed with testing knowing that he could save the lives of thousands, or else kill the test subjects. He can then gather all the facts about the test subjects, the device he made, and the different moral viewpoints from others. He can then make a pro and con list of all the moral viewpoints. From this he must pick the best action to take and be prepared to defend it. Reasons why Engineers Stray from the Code of Ethics There are two main reasons why Engineers often stray from their code of ethics. The first reason is because they are overconfident in their work, which in turn causes them to neglect things that might be wrong with it. They may overlook small mistakes or remain stubborn about their beliefs because they think highly of their education level. However, in engineering, these small mistakes might be the very thing that causes a disaster (e.g. the Challenger and O-rings). Another reason why Engineers stray is that they are impatient. They are excited about their work and want to see it in action in the world, so they send it out before it s ready. Sometimes it is not even their fault, but the fault of their authority figures (i.e. boss or managers). Their authority figures can be impatient and give them a short deadline to work on the project. Impatience does not allow room for iterations of the processes involved in design, testing, and implementing a product or project. Iterations are often needed to increase confidence that the product will work and that, more importantly, it will work safely. Thus, it is recommended that engineers check their work at least twice and even have others check their work no matter how little time they have left or no matter how excited they are about submitting the project. If they know they have a short deadline, they can either manage their time better to have room for several revisions or ask their boss for an extension. Engineers should also try to be open to other ideas and admit that they could be wrong. Applications of Engineering Ethics Engineering Ethics in College/Education The main engineering ethics problem that college students are face with is academic integrity. Academic integrity can show itself in the form of cheating by copying someone s work, intentional cheating, plagiarism, and/or self-plagiarism.
12 However, professional ethics is something that can be learned even when it conflicts with personal ethics, as for example, a situation where you are personally okay with building a product that can harm the environment, yet save lives. You can learn professional ethics and realize that something that is harmful to the environment is not okay. Ethics codes can even help you see the bigger picture. For example, in the previous scenario, these codes can help you re-evaluate your ethics and realize that something that is harmful to the environment will eventually be harmful to the people around you and yourself. Thus, there are many ethics classes in universities across the world. Some universities even require engineers to take classes on ethics. For example, Cohen et al. (2005) developed a model called the Air Model (AIR)SM to help students reflect and develop their personal code of ethics. AIR stands for Awareness (of ethical issues), Investigation (of those issues), and Responding (to those issues). Engineering Ethics in the Professional World In the professional world, ethical engineering problems come up in many cases. One of these includes the case of a professional using someone else s work that is published in the widespread market of publication. Another is the case of a professional using someone else s work that is not published yet and stealing their idea. Engineers who have good engineering ethics often have a good sense of the value of life. They don t hesitate to admit that they made a mistake because they know that the cost of not owning up to your mistakes can have disastrous consequences. It might even cost a human life. Engineering Ethics in Companies Not only do individual engineers have to be conscious of engineering ethics, but also companies. Companies have to be aware of their Corporate Social Responsibility and Environmental Responsibility. Corporate Social Responsibility is a company s responsibility to give back to the community that they profit from and to behave ethically so that both they and their community can benefit. Environmental Responsibility is a business s initiative to leave the environment (where it is taking its resources from) the same, if not better, that it is found it. Engineering Ethics applied to Senior Design Project Thus, as seniors in college, we are making the transition from an academic environment to a professional environment. The further we are in our career path, the more important ethics is, especially engineering ethics. Thus, the soon we start defining our ethics the better, beginning with our final project in college and the first design project of our lives: our Senior Design Project.
13 Class discussions will include ethics related to the use of computers and software packages ACM Association of Computing Machinery 1.1 Contribute to society and human well-being. 1.2 Avoid harm to others. 1.3 Be honest and trustworthy. 1.4 Be fair and take action not to discriminate. 1.5 Honor property rights including copyrights and patent. 1.6 Give proper credit for intellectual property. 1.7 Respect the privacy of others. 1.8 Honor confidentiality. 2.1 Strive to achieve the highest quality, effectiveness and dignity in both the process and products of professional work. 2.2 Acquire and maintain professional competence. 2.3 Know and respect existing laws pertaining to professional work. 2.4 Accept and provide appropriate professional review. 2.5 Give comprehensive and thorough evaluations of computer systems and their impacts, including analysis of possible risks. 2.6 Honor contracts, agreements, and assigned responsibilities. 2.7 Improve public understanding of computing and its consequences. 2.8 Access computing and communication resources only when authorized to do so.
14 The Ten Commandments of Computer Ethics were created in 1992 by the Computer Ethics Institute. The commandments were introduced in the paper "In Pursuit of a 'Ten Commandments' for Computer Ethics" by Ramon C. Barquin as a means to create "a set of standards to guide and instruct people in the ethical use of computers."
15 1. Do not use a computer to harm others 2. Do not interfere with other people's computer work. 3. Do not snoop around in other people's computer files. 4. Do not use a computer to steal. 5. Do not use a computer to bear false witness 6. Do not copy or use proprietary software for which you have not paid. 7. Do not use other people's computer resources without authorization or proper compensation. 8. Do not appropriate other people's intellectual output. 9. Do think about the social consequences of the program you are writing or the system you are designing. 10. Do always use a computer in ways that ensure consideration and respect for your fellow humans.
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24 Draft Revisions 2/22/12 Task Force Members: John Hepp Anthony L. Liuzzo Julie L. Olenak Kathleen Provinzano Rodney Ridley (Chair) WILKES UNIVERSITY INTELLECTUAL PROPERTY POLICY: RECOMMENDATIONS OF THE IP TASK FORCE 1. Purpose Wilkes University (hereinafter the University ) strives to cultivate an intellectual environment that encourages and rewards creative effort and innovation. This policy is intended to foster creativity while protecting the legitimate rights of all parties that contribute to the development of intellectual property at the University. By assuring that intellectual property is evaluated for its potential exploitation and is afforded timely protection, this policy seeks to assure the benefits of such property to authors, creators, and inventors and to the University. 2. Definitions 2.1. Author or Creator. Author or Creator shall mean the individual(s) responsible for producing a written, scientific, industrial, or artistic work that may give rise to intellectual property that may be subject to the provisions of section 3, below Contractor. Contractor shall mean any individual or entity with whom or which the University enters into a contract to provide goods or services and such individual is not Faculty, Staff, or Student Faculty. Faculty shall have the meaning given it by the Faculty Handbook of the University Intellectual Property. For purposes of this policy, intellectual property (hereinafter IP ) shall mean the legal rights and responsibilities which result from intellectual activity in the industrial, scientific, literary, and artistic fields, including inventions, copyrightable works, research data, tangible research materials, trade secrets, and software. For this purpose, IP shall include all property subject to protection under the laws of the United States governing patents, trademarks, and copyrights Inventor. Inventor shall mean any individual(s) associated with the University, whether member(s) of the Faculty, member(s) of the Staff, Student(s), or Contractor(s), who is responsible for a discovery or invention that constitutes IP, including IP that may be subject to the provisions of section 3, below. In case of any invention for which a patent application is filed, the determination of inventorship shall be in accord with the U.S. patent laws Software. Software shall mean computer programs (with or without associated hardware), whether eligible for copyright protection, patent protection, or both. Page 1 of 6
25 Draft Revisions 2/22/ Staff. Staff shall mean any employee of the University other than members of the Faculty Student. Student shall mean an individual who is enrolled as a student at the University, whether or not a candidate for a degree and whether or not for academic credit. 3. Ownership of Intellectual Property 3.1. General Rule - Copyright and Trademark Faculty and Students. The Author or Creator shall be the owner of all copyrights and trademarks (including but not limited to software) created by member(s) of the Faculty or Student(s) subject to the exceptions provided in section Staff and Contractors. The University shall be the owner of all copyrights and trademarks (including but not limited to software) created by members of the Staff or Contractor(s) in the course of performing services for which they were hired by the University. At the request of the University, Author(s) or Creator(s) shall execute assignments or other documents assigning to the University all rights in copyrights and trademarks; to the extent such copyrights or trademarks are not subject to any exception set forth in Section below. Any obligation to assign ownership of copyrights or trademarks resulting from contract work must be explicitly expressed in the contract and must receive approval of the Provost Copyright and Trademark Exceptions Faculty and Students. The University shall be the owner of all copyrights and trademarks (including but not limited to software) created by member(s) of the Faculty or Student(s) where any of the following conditions apply: A. The University has expressly contracted with the member(s) of the Faculty or Student(s) to create the material subjected to copyright or trademark; or B. The material subject to copyright or trademark is created as a specific requirement of employment or an assigned institutional duty [i.e., performed as "work for hire"]; or C. The member(s) of the Faculty or Student(s) has voluntarily transferred the copyright or trademark, in whole or in part, to the University; or D. The material subject to copyright or trademark was created with extraordinary use of University resources Staff and Contractors. Member(s) of the Staff or Contractor(s) shall be the owner of all copyrights and trademarks (including but not limited to software) created by the Staff or Contractor(s) where any of the following conditions apply: A. The member(s) of the Staff or Contractor(s) has expressly contracted with the University to create the material subject to copyright or trademark and the University has agreed to provide the member(s) of the Staff or Contractor(s) with all or some proprietary interest in the copyright or trademark; or B. The University has voluntarily transferred the copyright or trademark, in whole or in part, to the member(s) of the Staff or Contractor(s); or Page 2 of 6
26 Draft Revisions 2/22/12 C. The material subject to copyright or trademark was created outside the scope of employment or contract by the member(s) of the Staff or Contractor(s) General Rule Patent Faculty and Students. The University shall be the owner of all patents and patent applications that disclose and claim inventions (including but not limited to software inventions) 1made or conceived by member(s) of the Faculty or Student(s) subject to the exceptions provided in section Staff and Contractors. The University shall be the owner of all patents and patent applications that disclose and claim inventions (including but not limited to software inventions) made or conceived by member(s) of the Staff or Contractor(s) in the course of performing services for which they were hired by the University, subject to the exceptions provided in section Any obligation to assign ownership of patents resulting from contract work must be explicitly expressed in the contract and must receive approval of the Provost Execution of Documents. At the request of the University, the Inventor(s) shall execute assignments or other documents assigning to the University all rights in patents; to the extent such patents are not subject to any exception set forth in Sections 3.4 below Patent Exceptions Faculty and Student. Member(s) of the Faculty or Student(s) shall be the owner of all patents and patent applications that disclose and claim inventions (including but not limited to software inventions) made or conceived by member(s) of the Faculty or Student(s) where any of the following conditions apply: A. Member(s) of the Faculty or Student(s) has expressly contracted with the University to invent or discover the subject matter to which the patent and/or patent application is directed and the University has agreed to provide member(s) of the Faculty or Student(s) with all or some proprietary interest in the patent or patent application; or B. The University has voluntarily transferred the patent or patent application, in whole or in part, to the member(s) of the Faculty or Student(s); or C. The subject matter of the patent or patent application was invented or discovered by the member(s) of the Faculty or Student(s) outside the scope of employment of the Faculty member or outside the scope of the Student relationship to the University; or D. The University actually or constructively abandons the patent or patent application or commercialization of the patent or patent application by failing to take all appropriate actions in a timely and reasonable manner. In such a case the University shall execute all appropriate documents to vest ownership of the patent in the member(s) of the Faculty or Student(s) Staff and Contractor. Member(s) of the Staff or Contractor(s) shall be the owner of all patents and patent applications that disclose and claim inventions (including but not limited to software inventions) made or conceived by the Staff or Contractor(s) where any of the following conditions apply: Page 3 of 6
27 Draft Revisions 2/22/12 A. The member(s) of the Staff or Contractor(s) has expressly contracted with the University to make the subject matter of the patent or patent application and the University has agreed to provide the member(s) of the Staff or Contractor(s) with all or some proprietary interest in the patent or patent application; or B. The University has voluntarily transferred the patent or patent application, to the member(s) of the Staff or Contractor(s); or C. The subject matter of the patent or patent application was made or conceived by the member(s) of the Staff or Contractor(s) outside the scope of employment or contract. 4. Administration of the Policy Intellectual Property Committee. The Intellectual Property Committee (the IPC ) shall be responsible for the administration and management of the University intellectual property policy. Additionally, the IPC shall act as an advisory committee to the Provost Membership and Duties of the Intellectual Property Committee. The Provost shall appoint one member of the Provost s staff and one unit dean to serve on the IPC. In addition, each college or school shall either appoint or elect one full-time faculty member to the IPC. A majority of the committee shall constitute a quorum for all actions of the committee. The duties of the IPC shall be: A. To receive and to review all disclosures of intellectual property invented or created by member(s) of the Faculty, member(s) of the Staff, Contractor(s), or Student(s). B. To determine whether University-owned IP merits the investment of University funds for further external assessment as to patentability, enforceability, and likelihood for commercial success, including commercialization as a trade secret. C. To make recommendations, within a period of 90 days of receipt of a disclosure, the 90- day period optionally being eligible for extension subject to the approval of the Provost by not longer than an additional 90 days, as to whether the University should exploit the disclosed IP or cede the IP to the Author(s), Creator(s), or Inventor(s) if the IP is not to be exploited by the University and to communicate such recommendations to the Provost and to the Author(s), Creator(s), or Inventor(s). D. To facilitate the transfer of relevant information to professionals retained by the University to prosecute a patent or to license or market IP that the University has chosen to exploit. E. To apportion costs and benefits attendant to the exploitation of IP if the IP is to be exploited by the University. F. To monitor the timely payment of maintenance fees related to any patents issued to the University. G. To assist with developing, implementing, and monitoring processes that the University uses to inform and to educate the Wilkes community about IP. H. To play an advisory role in contract negotiations between the University and third parties when IP is involved, or is expected to be involved Duties of the Provost. The Provost shall be responsible for the following: A. Considering requests for permissions to use University-owned IP pursuant to section Page 4 of 6
28 Draft Revisions 2/22/12 4.4[C], below. B. Making decisions, taking into consideration any pertinent IPC recommendations under Section 4.2[C], as to whether the University should exploit the disclosed IP or otherwise cede the IP to the Author(s), Creator(s), or Inventor(s) if the IP is not to be exploited by the University based upon the recommendation of the IPC, and to communicate such decisions to the IPC and to the Author(s), Creator(s), or Inventor(s) Duties of Author, Creator and Inventor. Author(s), Creator (s) and Inventor(s) shall, to the extent consistent with this policy, do the following: A. Disclose promptly the creation of University-owned IP to their respective supervisor (in the case of member(s) of the Staff), or department chair (in the case of member(s) of the Faculty), or instructor (in the case of Student[s]). Furthermore, in the case of member(s) of the Faculty, disclosure may take the form of information shared on an annual basis in connection with the faculty self-evaluation report (as defined in the Faculty Handbook). Supervisors, department chairs, and instructors shall promptly notify the IPC of the creation of University-owned IP. Such disclosure shall include disclosure of the identity(ies) of all individuals involved in the process that produced the work. B. Cooperate in the preparation, filing, and prosecution by University of any and all applications, instruments and other documents to perfect IP rights, including patent applications and assignments of rights, and including instruments necessary to protect the rights of the University and/or the U.S. government. C. Refrain from using University-owned IP without first obtaining the consent of the University. 5. IPC Review Process. When University-owned IP is sufficiently developed by the Author(s), Creator(s), or Inventor(s), the IPC will, in accord with its duties under Section 4.2[C], determine if the IP merits an investment of University funds for further external assessment as to patentability, enforceability, and likelihood for commercial success. If the IPC concludes that IP does have commercial viability, the IPC will determine the likelihood of profiting from exploitation of the IP. After those determinations have been made, the IPC will submit a recommendation to the Provost, who may then authorize the University, acting with the considered input of the IPC, to do any of the following: A. Assign any or all of its rights, see sections 3.2.2[B], 3.4.1[B] and 3.4.2[B] above, to the Author(s), Creator(s), or Inventor(s). B. Proceed with exploitation of the IP by securing copyright, trademark, or patent protection and by developing and pursuing a plan for commercializing the IP. All costs associated with this process (hereinafter referred to as Start Up Expenses ) shall be advanced by the University. Profits produced by the commercial venture contemplated by the commercialization process will be used first to reimburse the University for all Start Up Expenses. Thereafter, net income from the commercial venture (meaning revenues less all operating expenses) shall be allocated to the University and the Author(s), Creator(s), or Inventor(s) as follows: 50% to the University (to be applied in equal parts to the University general fund and to the Provost s fund for research) and 50% to the Author(s), Creator(s), or Inventor(s). The IPC shall also have authority to consider requests from Faculty, who have been approached by Student(s) about inventions not subject to this Page 5 of 6
29 Draft Revisions 2/22/12 policy, for University sponsorship similar to that described in this section. In cases where the IPC decides that the University should move forward with a patent application that is fully or partially owned by the University, the University may require a delay of at least 90 days before the IP can be publicly disclosed or submitted to any third party including for purposes of any form of disclosure. 6. Appeals. An individual who is subject to this policy shall have the right to appeal any decision of the Provost with respect to such IP to the President. Such appeal shall be initiated in writing upon receipt of the decision rendered by the Provost. The appeal shall include detailed facts supporting the requested change in the decision. The President shall consider the information included in the appeal. The President s decision shall be final and may be communicated to the appellant. 7. Fees & Costs. Fees and costs incurred in connection with any dispute surrounding the application of this policy shall be borne by the respective parties to that dispute. Page 6 of 6
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