Chief Ethics and Compliance Officer Case Study

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Chief Ethics and Compliance Officer Case Study

 

I n the ethics and com- pliance profession, some companies use the title, “Chief Ethics and Compliance Of-

 

ficer,” others use “Chief Ethics Officer” while others choose “Chief Compliance Oflicer.” The terms “ethics” and “com- pliance” are often used sjoion- yinously; as a result, drawing a distinction between the two concepts may seem unimport- ant. In fact, the difference between the two can be very important for your training, communications and overall culture. Indeed, the conscious choices that companies make about these concepts often define their business.

Chief Ethics and Compliance Officer Case Study

Ethics and compliance are es- sentially difl̂ erent sides of the same coin. Compliance is following the law, while ethics is doing what is right regardless of what the law says. Compliance is something that the government requires you to do. Ethics, on the other hand, is some- thing you choose to consider when acting.

As an example, vari- ous countries have environmental laws that require products to be labeled in a certain way and may include font requirements, place- ment rules, etc. Eailing to properly label a product or follow some other technical regulation is not unethical or immoral, but it is noncompliant, meaning that the company may face fines, liability or other government action. By contrast, a government may not dictate whether a company makes its products more environ- mentally safe or easier to recycle, but doing so may be the ethical thing to do.

 

If your policies and training place great emphasis on high-level values of right and wrong, you may not be properly pushing a culture of compliance. Of course, too much focus on legal standards without strong ethics messaging may inhibit the kind of values-based culture that makes employees proud and companies great. It is important to think about and convey the impor- tance of both ethical considerations and compliance.

Chief Ethics and Compliance Officer Case Study

The distinction between ethics and compliance becomes even more interesting when you are dealing with a compliance issue that has an ethical component. The most obvi- ous example is corruption. Besides being prohibited by the Foreign Corrupt Practices Act(ECPA), U.K. Anti-Bribery Act and scores of other local laws (and thus a compliance issue), most people would agree that corruption is wrong and has an ethical component. But even with a seemingly obvious ethics is-

Chief Ethics and Compliance Officer Case Study

Ifyqur policies and training place great emphasis on high- level values of right and wrong, you may not be properly pushing a culture of compliance.

Chief Ethics and Compliance Officer Case Study

sue, using a “do the right thing” message to drive your anti-cor- ruption program may not be the right move in every circum- stance.

Chief Ethics and Compliance Officer Case Study

Eor example, you likely have a policy that prohibits employ- ees ft’om giving cash, lavish gifts or favors to public sector employees. The policy is part of your anti-corruption pro- gram, and messages about right and vwong, values and moral- ity, should be the most effective way to motivate employees to follow the policy. After all, ev- eryone knows bribery is wrong. But actually, such a message may lack credibility with many

 

of your employees who live in cul- tures where lavish gifts are expected or cash gifts on certain occasions are appropriate. It may actually feel wrong to them to refrain ftom giving an expensive gift as part of a business relationship. Similarly, employees sometimes rationalize their actions as right because they believe the ends justify the means. Isn’t it better to give a lavish gift and help the company get business than to let the work go to a competi- tor? What is really “right” here? For these employees, the more eflective message may be about compliance with the FCPA and similar laws, emphasizing the potential liability, brand impact and business risks of non-compliance.

Chief Ethics and Compliance Officer Case Study

The best programs will recog- nize the difference between ethics and compliance and drive both as integral components of company culture and successful performance. In the end, companies that follow the law and prioritize ethics have a competitive advantage.

Chief Ethics and Compliance Officer Case Study

February 2014 • INSIDE COUNSEL 23

Chief Ethics and Compliance Officer Case Study

Copyright of InsideCounsel is the property of Summit Business Media and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder’s express written permission. However, users may print, download, or email articles for individual use.I need 3 paragraphs with a minimum of 300 words for each discussion which is a total of 6 paragraphs (600 words) for the part that requires paragraph. Please keep both separate and address each question. Add the references underneath each part instead of making a references page. Please make sure you check grammar and punctuation errors, as well as quoting and using in text citations. PLEASE make sure you cite the information, do NOT plagiarize and ADD all references. No Cover Page Needed PLEASE INBOX ME IF YOU HAVE QUESTIONS or need reading material on the assignment.

Chief Ethics and Compliance Officer Case Study

Part 1 Ethics versus compliance

 

Before beginning your discussion, read the article Ethics vs. compliance: Do we really need to talk about both? (Links to an external site.) Organizations often use the terms ethics and compliance interchangeably. However, there are some nuances that are different between compliance and ethics. After reading the article, compare and contrast the similarities and differences between compliance and ethics. Evaluate whether a compliance officer or an ethics officer would be a better fit in your current organization (or in an organization with which you are familiar).

 

Part 2 Ethics, Compliance, and Training

 

Read chapter four in the textbook and Ethics, reputation, and compliance gain as corporate priorities (Links to an external site.). In the article, Hagel (2015) stated

 

The demand for greater transparency from consumers and stakeholders across the world has pushed the areas of ethics and compliance up the corporate list of priorities in recent years. In addition, the risk to reputation and potential damage that can be done if evidence of unethical practice is discovered have increased significantly with the advent of social media. (para. 2)

 

Based on the importance of transparency, your organization (you can represent any organization, McDonalds, Starbucks, ESPN, etc.) has asked you to create a training presentation on ethics and compliance to be presented next week. Referencing the Hagel article, the Gonzales-Padron textbook, and at least two other journal articles, present an outline for your training as a response to this thread.

 

• Create an outline describing the information that you would include in your training presentation.

 

• Must document all sources in APA style as outlined in the University of Arizona Global Campus Writing Center.

Chief Ethics and Compliance Officer Case Study

RUBRIC QUALITY OF RESPONSE NO RESPONSE POOR / UNSATISFACTORY SATISFACTORY GOOD EXCELLENT Content (worth a maximum of 50% of the total points) Zero points:  Student failed to submit the final paper. 20 points out of 50:  The essay illustrates poor understanding of the relevant material by failing to address or incorrectly addressing the relevant content; failing to identify or inaccurately explaining/defining key concepts/ideas; ignoring or incorrectly explaining key points/claims and the reasoning behind them; and/or incorrectly or inappropriately using terminology; and elements of the response are lacking. 30 points out of 50:  The essay illustrates a rudimentary understanding of the relevant material by mentioning but not full explaining the relevant content; identifying some of the key concepts/ideas though failing to fully or accurately explain many of them; using terminology, though sometimes inaccurately or inappropriately; and/or incorporating some key claims/points but failing to explain the reasoning behind them or doing so inaccurately.  Elements of the required response may also be lacking. 40 points out of 50:  The essay illustrates solid understanding of the relevant material by correctly addressing most of the relevant content; identifying and explaining most of the key concepts/ideas; using correct terminology; explaining the reasoning behind most of the key points/claims; and/or where necessary or useful, substantiating some points with accurate examples.  The answer is complete. 50 points:  The essay illustrates exemplary understanding of the relevant material by thoroughly and correctly addressing the relevant content; identifying and explaining all of the key concepts/ideas; using correct terminology explaining the reasoning behind key points/claims and substantiating, as necessary/useful, points with several accurate and illuminating examples.  No aspects of the required answer are missing. Use of Sources (worth a maximum of 20% of the total points). Zero points:  Student failed to include citations and/or references. Or the student failed to submit a final paper. 5 out 20 points:  Sources are seldom cited to support statements and/or format of citations are not recognizable as APA 6th Edition format. There are major errors in the formation of the references and citations. And/or there is a major reliance on highly questionable. The Student fails to provide an adequate synthesis of research collected for the paper. 10 out 20 points:  References to scholarly sources are occasionally given; many statements seem unsubstantiated.  Frequent errors in APA 6th Edition format, leaving the reader confused about the source of the information. There are significant errors of the formation in the references and citations. And/or there is a significant use of highly questionable sources. 15 out 20 points:  Credible Scholarly sources are used effectively support claims and are, for the most part, clear and fairly represented.  APA 6th Edition is used with only a few minor errors.  There are minor errors in reference and/or citations. And/or there is some use of questionable sources. 20 points:  Credible scholarly sources are used to give compelling evidence to support claims and are clearly and fairly represented.  APA 6th Edition format is used accurately and consistently. The student uses above the maximum required references in the development of the assignment. Grammar (worth maximum of 20% of total points) Zero points:  Student failed to submit the final paper. 5 points out of 20:  The paper does not communicate ideas/points clearly due to inappropriate use of terminology and vague language; thoughts and sentences are disjointed or incomprehensible; organization lacking; and/or numerous grammatical, spelling/punctuation errors  10 points out 20:  The paper is often unclear and difficult to follow due to some inappropriate terminology and/or vague language; ideas may be fragmented, wandering and/or repetitive; poor organization; and/or some grammatical, spelling, punctuation errors 15 points out of 20:  The paper is mostly clear as a result of appropriate use of terminology and minimal vagueness; no tangents and no repetition; fairly good organization; almost perfect grammar, spelling, punctuation, and word usage. 20 points:  The paper is clear, concise, and a pleasure to read as a result of appropriate and precise use of terminology; total coherence of thoughts and presentation and logical organization; and the essay is error free. Structure of the Paper (worth 10% of total points) Zero points:  Student failed to submit the final paper. 3 points out of 10: Student needs to develop better formatting skills. The paper omits significant structural elements required for and APA 6th edition paper. Formatting of the paper has major flaws. The paper does not conform to APA 6th edition requirements whatsoever. 5 points out of 10: Appearance of final paper demonstrates the student’s limited ability to format the paper. There are significant errors in formatting and/or the total omission of major components of an APA 6th edition paper. They can include the omission of the cover page, abstract, and page numbers. Additionally the page has major formatting issues with spacing or paragraph formation. Font size might not conform to size requirements.  The student also significantly writes too large or too short of and paper 7 points out of 10: Research paper presents an above-average use of formatting skills. The paper has slight errors within the paper. This can include small errors or omissions with the cover page, abstract, page number, and headers. There could be also slight formatting issues with the document spacing or the font Additionally the paper might slightly exceed or undershoot the specific number of required written pages for the assignment. 10 points: Student provides a high-caliber, formatted paper. This includes an APA 6th edition cover page, abstract, page number, headers and is double spaced in 12’ Times Roman Font. Additionally, the paper conforms to the specific number of required written pages and neither goes over or under the specified length of the paper.

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