PECB Code Of Ethics Violation Policy

1. Purpose

The purpose of this policy is to provide guidelines for ethical conduct among PECB professionals, identifying what constitutes a violation of the code of ethics, by promoting a culture of transparency and accountability, and reinforcing the commitment to integrity and ethical business practices.

2. Scope

This policy applies to all PECB professionals including employees, trainers, examiners, and invigilators, members of different committees, partners, distributors, certified individuals and certificate holders. 

3. Terms and Definitions

Violation

• A behaviour contrary to that required by a rule (ISO/IEC 15424:2015, clause 6.3.8) 

Conflict of Interest

• Situation where business, financial, family, political or personal interests could interfere with the judgment of persons in carrying out their duties for the organization (ISO 37001:2016, clause 3.29) 

Impartiality

• Presence of objectivity  (ISO/IEC 17024: 2012, clause 3.15)

NOTE 1 Objectivity means that conflicts of interest do not exist, or are resolved, so as not to adversely influence subsequent activities of the certification body.

NOTE 2 Other terms that are useful in conveying the element of impartiality are: independence, freedom from conflict of interests, freedom from bias, lack of prejudice, neutrality, fairness, open-mindedness, even-handedness, detachment, balance.

Ethical behavior

• Behaviour that is in accordance with accepted principles of right or good conduct in the context of a particular situation and is consistent with international norms of behaviour (ISO 26000:2010, clause 2.7)

Interested party

• Individual, group or organization affected by the performance of a certified person or the certification body (ISO/IEC 17024: 2012, clause 3.21)

General Rules

Violations of the Code of Ethics can come through different channels, such as complaints, appeals, or operational complaints. It's essential to highlight that all these complaints/appeals will be handled according to the Complaint and Appeal Policy and the Complaint and Appeal Handling Process, which include the reception, assessment, investigation, and decision/solution on complaints/appeals.

4. Defining Violations/Non-Violations of Code of Ethics

4.1 Actions considered Violations

Determining what is considered a violation requires understanding of the PECB code of ethics.

1. Displaying professional behavior in service provision with honesty, accuracy, fairness, and independence.

Actions and behavior considered to be a violation of the code of ethics: 

• Presenting false information to stakeholders
• Not communicating findings or irregularities to appropriate stakeholders 
• Not being transparent about limitations or constraints 
• Not conducting thorough and meticulous activities to ensure accuracy 
• Not maintaining professional objectivity throughout the service provision

2. Acting at all times in their service provision solely in the best interest of their employer, clients, the public, and the profession in accordance with this Code of Ethics and other professional standards

Actions and behavior considered to be a violation of the code of ethics: 

• Billing for additional work that is not needed
• Not disclosing potential risks 

3. Demonstrating and developing competence in their respective fields and striving to continually improve their skills and knowledge

Actions and behavior considered to be a violation of the code of ethics: 

• Not providing truthful and accurate information about competence, e.g. when reporting work experience and continual development credits 

4. Providing services only for those that they are qualified and competent and adequately informing clients and customers about the nature of proposed services, including any relevant concerns or risks

Actions and behavior considered to be a violation of the code of ethics: 

• Offering and providing professional services for updated standards or regulations when the qualification and competency has not been obtained.
• Offering professional services for scope of work when the qualification and competency has not been obtained.

5. Informing their employer or client of any business interests or affiliations which might influence or impair their judgment. 

Actions and behavior considered to be a violation of the code of ethics: 

• See more details in section 8. Impartiality and 9. Conflict of Interest of the Code of Ethics, e.g. not reporting a known conflict of interest, such as financial or personal relationship with the employer or client

6. Preserving the confidentiality of information of any present or former employer or client during service provision. 

Actions and behavior considered to be a violation of the code of ethics: 

• See more details in section 10 of the Code of Ethics, e.g. by providing comments or sharing confidential documentation with the intention to use them as a reference for a project with a new client or employer, without the other parties consent.

7. Complying with all the applicable laws and regulations of the jurisdictions in the country where the service provisions were conducted

Actions and behavior considered to be a violation of the code of ethics: 

• Not respecting the laws and regulations due to lack of knowledge, e.g. when hired to do a mandate in a foreign country.

8. Respecting the intellectual property and contributions of others

Actions and behavior considered to be a violation of the code of ethics: 

• Sell or supply any PECB copyright content and proprietary mark,  which copy or are derived from any materials provided by PECB, e.g. professionals rebranding PECB training material and selling it as their own
• Copy any of PECB’s copyright content and proprietary mark or create derivative works from such materials, or the text of any website operated by PECB; professionals rebranding PECB website content and using it on their websites as their own
• Uploading PECB copyright content and proprietary mark in open platforms that share courses publicly, such as Scribd, coursehero.com, etc.
• Participating or promoting fraudulent test-taking practices, including using “brain dump” sites to upload PECB exams (partially or totally)

9. Not communicating intentionally false or falsified information that may compromise the integrity of the evaluation process of a candidate for a PECB certification or a PECB certificate program

Actions and behavior considered to be a violation of the code of ethics: 

• Presenting false information in the certification application, e.g. false work experience, false references or references that are friends or relatives, false information about passing an exam, presenting false certificates or false attestations of course completion.

10. Not falsely or wrongly presenting themselves as PECB representatives without a proper license or misusing PECB logo, certifications or certificates

Actions and behavior considered to be a violation of the code of ethics: 

• Falsely presenting themselves as a PECB professional, e.g. presenting themselves as a PECB trainer or partner and selling or delivering courses to candidates, providing exams and issuing counterfeit PECB certificates.
• Presenting outdated, non-valid or altered professional certificates, e.g. for a tender or job application when the valid certificate has been downgraded, altering certificates by changing the issue date, certificate number, certification level, certification scope, etc.

11. Not acting in ways that could damage PECB’s reputation, certifications or certificate programs

Actions and behavior considered to be a violation of the code of ethics: 

• Acting in an unethical behavior, such as in the examples below, but not limited to:
  • A PECB professional involved in altercations, harassment, badmouthing, discriminatory or offensive behavior displayed towards someone because of their disability, gender identity, race, religion or sexual orientation, this includes social media postings or public statements.
  • Post in social media or public statement, on behalf of PECB, without contacting PECB and receiving approval from PECB, before making the information public.
  • A partner falsely promoting a training to be delivered by a certain trainer, when the course is not being delivered by this trainer
  • Creating a new organization offering services like PECB, or engaging with PECB clients on behalf of a competing organization, without informing PECB in advance

12. Cooperating in a full manner on the inquiry following a claimed infringement of this Code of Ethics

Actions and behavior considered to be a violation of the code of ethics: 

• Falsifying the information/documentation presented in the investigation, e.g. contacting a trainer, a partner, a candidate to ask them to provide false information.
• Not providing requested information/documentation for the investigation or delaying the provision of the information/documentation

4.2 Actions considered Non-Violation

Generally, the following actions and behaviors are not considered violations:

Professional Competence and Improvement: Enhancing personal or professional skills through further education, certifications, or personal development, even when it increases marketability or future employment opportunities outside PECB, is not considered a violation for professionals affiliated with PECB.

Constructive Feedback and Criticism: PECB professionals are encouraged to offer constructive criticism or feedback about the organization’s processes, policies, or decisions, including participating constructively in internal reviews, surveys, or meetings.

Independent Ventures Not in Direct Competition: Starting or engaging in businesses or ventures that are not in direct competition with PECB’s services or products and operate in distinct markets is permissible for PECB professionals. This also implies not using PECB's resources or client base for these independent ventures.

Personal Investments Unrelated to the Organization's Field: Making personal investments in industries unrelated to PECB's field and that do not present a conflict of interest or misuse the organization's resources is acceptable for PECB professionals.

Normal Course of Employment Changes: Seeking or accepting employment opportunities outside PECB transparently and without exploiting the organization’s resources or breaching contractual obligations like non-compete clauses is appropriate for PECB professionals.

Social Media or Public Statements: PECB professionals can express personal opinions on social media or in public forums, provided these views are clearly personal and not representative of PECB, and they do not disclose confidential information or negatively impact PECB.

Networking and Professional Associations: Participating in networking events or professional associations, even where competitors are present, is allowed for PECB professionals as long as they maintain confidentiality and the activities do not harm PECB’s interests.

Non-Competitive Collaborations: Collaborating on projects or initiatives with other organizations or individuals that do not compete with PECB's core business or compromise its strategic advantages is a suitable activity for PECB professionals.

4.3 Code of Ethics evaluation and final decisions

Being compliant with this Code of Ethics is essential for all PECB professionals. In the internal procedures, the evaluation and continuous monitoring is embedded in performance evaluations done to PECB employees and related stakeholders, such as trainers, invigilators, examiners, and members of different committees.

Any PECB professional who fails to comply with this Code of Ethics will be subject to disciplinary measures which may include termination of contract/agreement, and in cases when the impact is severe, legal measures will also be followed. In the case of certified individuals or certificate holders, PECB certifications will be revoked, and in the case of PECB certificate programs, certificates will be invalidated. 

Final decisions relating to a breach or violation of the Code of Ethics and all final decisions for certification and certificate programs are taken solely by the Chief Compliance Officer, and no other executive or managerial positions can take this role.

In all cases, the person who violates this Code of Ethics will have the right to be heard and defend themselves before a disciplinary measure is imposed.

Version: 1.0 Approval date: 2024-03-25