Engineering discipline hearings 3

[caluna]

Hello,

Re:being on a discipline hearing committee for Engineering Association

Is there anyone who could give me some advice or tips on how best to approach this? I have never been on a such a committee before. (Not ever been selected for jury duty!) I have read the extensive background material on the case, which started pretty simple and then many things happened... Now I can see why lawyers who deal with complex cases are so highly paid! I expect it will be very important to listen and write notes. There has already been a preliminary hearing and now this is a formal hearing with expert witnesses, lawyers, etc.
Any advice would be appreciated. Thanks.

 

[msquared48]

A few thoughts...

Keep an open mind;
Follow the instruction from the comittee Chairman;
Ask yourself what a reasonable and prudent man would do;
Look everybody straight in the eye - you have the authority, not the lawyers;
Don't be intimidated - do not be afraid to ask the hard questions, if you are allowed.

Mike McCann
McCann Engineering

 

[VoyageofDiscovery]

Do not be swayed one way or the other, finally evaluate the merits of each side in the context of engineering practice and then decide for yourself if and what penalty would be appropriate.

HTH

VOD

 

[Ashereng]

As a jurur, one is asked to do what one believes in.

As an engineer on a discipline hearing, one is also asked to do what one believes in.

Just be yourself, listen to both sides, ask questions (if permitted), and decide by following your own values.

"Do not worry about your problems with mathematics, I assure you mine are far greater."
Albert Einstein
Have you read FAQ731-376 to make the best use of Eng-Tips Forums?

 

[TheTick]

Last time I was on a jury, we were not asked to "do what we believe in". We were given specific instructions and criteria by which to judge.

Take the time to explore what law and ethics apply in this case. Learn to appreciate what these are, especially if they differ from "what you believe". You may find yourself needing to render a judgment that is contrary to what you believe, yet square with law and ethics.

 

[IRstuff]

Definitely, as with criminal proceedings, what you believe is sometimes irrelevant.

What's important is the law, and the level of proof offered and the degree of reasonable doubt generated. Al Capone was put in jail for tax evasion, and not for any of his mobster activities, even though everyone KNEW that he was complicit.


TTFN

FAQ731-376

 

[Ashereng]

I should clarify.

"What you believe in." as in making your own mind up, versus letting other jurors persuade you.

Yes, we need to apply the law. However, deciding one side versus the other, make up you own mind.

"Do not worry about your problems with mathematics, I assure you mine are far greater."
Albert Einstein
Have you read FAQ731-376 to make the best use of Eng-Tips Forums?

 

[caluna]

Yes, the issues here are based on the Code of Ethics..No one was killed or hurt as result of anything to do with the case.

 

[civilperson]

Stay far away from this can of worms! No good can possibly come from your participation. The Engineering Association is a very strange venue for a discipline hearing, since it is usually part of the State Board powers as granted by law.

 

[caluna]

I would imagine this is the Canadian equivalent of a state board. Each territory and province here (Canada) has an Engineering Association which regulates practice of the profession and registers members, licensees, engineers-in-training, etc. We receive our Professional Engineer (P.Eng.)designation and stamp from the Board of Examiners at our respective Associations. These Associations are empowered by their Provincial Engineering Acts to investigate conduct "unbecoming of a registrant" . If a complaint is made and judged by the Council to be serous enough, it is investigated by the Discipline Committee. They may engage an expert to conduct the preliminary investigation. Of course the "defendant" is contacted and given chance to respond. If that investigation still indicates that there is a problem, then notice is given of a hearing, which is conducted by a panel of Council members. Both sides have legal representation and can call witnesses. It is like a a court in many respects, but not quite---rules of evidence are not the same. When the witnesses and submissions have been heard and questioned, the panel deliberates and decides on a punishment-suspension, fine, etc (all of which can be enforced under the Engineering Act). The defendant can go to appeal after that, if he and his counsel feel they must- to the Supreme Court of the Province or Territory.