The article:
BA 3301 Legal Environment of Business – Compliance Report Assignment * Professor Lee Usnick, JD
I. ASSIGNMENT OVERVIEW
What is compliance?
You will have a solid answer to this question once you complete this assignment. Until then, start with the basics. Virtually all business activities conducted in the United States are regulated by governmental entities and for many, by professional entities. Compliance with all federal, state, and local laws and ordinances is a prerequisite to the long term health and survival of any business. And achieving and maintaining industry and professional practice standards can be equally important, especially when mandated for accreditation and government contracts qualification.
Certain industries are more regulated than others. Some highly regulated industries include healthcare, financial services, accounting, oil and gas, and public utilities. When a business fails to comply with all applicable laws, regulations and standards, the business and the individuals who manage it often face a variety of sanctions. Sanctions can range from the loss of an operating license and/or program participation certification to civil and criminal sanctions including monetary penalties and fines (corporate and personal), to prison sentences, to dissolution of a corporation.
Is a compliance report reality-based?
YES! This assignment is designed with several purposes in mind: (1) to increase your understanding of corporate culture and ethics, and their role in compliance, , (2) to increase your awareness of the depth and breadth of compliance activities and challenges in todays business environment, (3) to learn about the educational opportunities – certificates and degree programs, and (4) to inform you about employment positions and career opportunities in compliance work in every industry in the United States, jobs that are relevant to all BBA majors.
To help you learn about compliance generally, and to discover information sources available to you for free, you will visit several websites. Please skim or briefly review the content available. The sites will give you an idea of the free resources available should you want more in-depth knowledge of compliance. They will give you a glimpse into the evolving field of compliance. Many students never consider this as a career option, but it is a viable one for BBA majors.
What would working in a compliance role look like?
This field exists to prevent harm at its source and to make powerful organizations safer and more ethical. Many people may expect their government can protect them from the harm corporations and large organizations can cause. But it is the nature of government and the legal system to always be reactive. Compliance and ethics professionals offer a link to the regulatory world that can allow government regulations to work. (Joseph E. Murphy and Joshua H. Leet, Building a Career in Compliance and Ethics: Find your place in the Business Worlds Hottest New Field, Society of Corporate Compliance and Ethics, 2007, ISBN 978-0-9792210-0-2. (To order this publication, contact Society of Corporate Compliance & Ethics, 1-952-933-4977, www.corporatecompliance.org).
II. ASSIGNMENT LEARNING OBJECTIVES
By completing this assignment, students will accomplish the following:
A. Demonstrate an understanding of the role of the compliance function, and in particular, the relationship between compliance and corporate ethics/culture;
B. Demonstrate knowledge of educational certificates and degrees in compliance;
C. Gain increased awareness about emerging careers in compliance and ethics, including job titles, job functions and salaries; and awareness of the tools available to assist management and compliance professionals in adhering to laws and regulations and industry standards;
D. Demonstrate critical thinking (evaluation) skills by articulating the student’s personal observations about, as well as reactions to, a recent compliance failure, and suggesting a management strategy to prevent the reoccurrence of this kind of failure;
E. Demonstrate organized and professional writing ability.
NOTE: The report grade rubric will be available to students in the assignment folder. Students should use the rubric to self-assess before submitting the report. Does your paper do what it needs to do to achieve a top score? Use the rubric to answer this question.
III. STEPS FOR COMPLETING & SUBMITTING THE REPORT
STEP 1. Learn about Todays Compliance Environment
Background Articles
Read the recent background articles in the Report assignment folder to gain a perspective on the relationship between law, ethics, corporate culture and compliance programs. A companys willingness to comply with laws and regulations is a reflection of its corporate culture and ethics. What are the main points each article is making? Do you agree or disagree with these perspectives? You can include these thoughts in your opinion section of the report, citing the author(s) and article title.
Do not do additional research. Do not cite additional articles in your paper. Use only the background articles and your textbook and other class materials in your paper.
Compliance Education: Certificates and Degree Programs
An increasing number of law schools are offering certificates and masters degrees (mostly online) in compliance with an emphasis on a specific industry or expertise. These programs are for non-lawyers as well as lawyers. As with most graduate education, tuition is more expensive than undergraduate degree programs. But as stated above, earning a certificate in your industry of choice can be a boost toward professional advancement. You will see that in many programs, applicants are eligible to apply if they have a 4 year degree from an accredited school and letters of recommendation, no GRE or GMAT required. Some programs such as Wilmington University in Delaware are for undergraduates. Many programs are online.
For a sample of the kind of programs available, visit these websites and browse:
1. University of Southern California Gould School of Law, graduate certificates and programs, https://online.usc.edu/programs/online-compliance-certificate/
2. Saint Marys University School of Law, masters degrees in specific areas of the law as well as certificates: https://law.stmarytx.edu/admission/applying-m-jur/
3. Drexel University Kline School of Law, https://drexel.edu/law/academics/masters-certificate-programs/compliance-certificate-program/
4. Wilmington University Undergraduate Certificate in Regulatory Compliance, https://www.wilmu.edu/behavioralscience/compliance-certificate.aspx
5. American University Washington College of Law master of legal studies (MLS) in Health Care Policy and Law,
https://www.wcl.american.edu/impact/initiatives-programs/health/curriculum/compliance-certificate/mls-requirements/.
Compliance Profession Visit these Websites
Many professional resources are available to you if you work in compliance or a related kind of position.
Visit the website for the Society for Corporate Compliance and Ethics at www.corporatecompliance.org to learn about this well-known professional organization for compliance and ethics professionals worldwide. Select the tab About SCCE and read this. Then select the tab FAQ and look over the Questions. You might read the answers to a couple, such as the one about how certification by SCCE compares to other compliance certifications. This organization offers training conferences and tests that enable you to earn your certification as a Certified Compliance and Ethics Professional (CCEP). Certification can be a stepping stone for career change and/or enhancement, regardless of the industry you work in now or seek to enter after graduation. There is also an international designation for positions in multi-national corporations, the CCEP-I, if International Business is your interest.
There are numerous associations whose sole focus is assisting businesses in compliance activities. For example, the Open Compliance and Ethics Group is a large non-profit engaged in compliance and ethics support activities. Visit the website at http://www.oceg.org. This site will show you tools available to compliance professionals. (You can also create an account for free if interested). Also visit http://www.globalcompliance.com. This website sells compliance products and services to all industries.
Current Employment Opportunities in Compliance
Visit the job search websites in this section to see the kinds of jobs focused on compliance and ethics activities. (If you have another job website in mind, visit that one also). Compliance is now a profession with thousands of trained and certified professionals working in many industries. Be sure to specify Houston when you search for jobs. (If you live in another city, type in that city).
Type compliance in the job search box for Houston (or your current city if possible).
List 3 of these compliance jobs by exact title, educational requirements, experience, and pay. Do not list job functions.
Repeat this job search process by typing ethics in the job search box.
List 3 of these ethics jobs by exact title, educational requirements, experience, and pay. Do not list job functions.
SAVE this information because you will use it in your report. Do not use one job twice.
www.glassdoor.com
Indeed.com
Careerbuilder.com
Other job posting website you like
After visiting the websites listed in this step, you should have an understanding of the education, training, jobs, and resources available to someone wishing to work in compliance. Remember, all industries have compliance activities.
STEP 2. Select a Recent Article for the Report, and Submit Selection for Approval
Using one of the websites below (or other approved business websites), read about a U.S. company or business professional with a recent compliance problem (a failure to comply, an enforcement action filed, an agency or court decision about the failure and resulting penalties). Recent means an article published within the current long semester (or in summer term within the past 45 days). The article must address a failure by a U.S. business (corporation or individual) to comply with U.S. laws and regulations (federal, state, or local). The article can address allegation, the prosecution, or sentencing for of a breach occurring recently or months/years ago. Select an article about a business in an industry of interest to you.
The business must not be a governmental organization or entity. Stated another way, the business or entity cannot be owned and operated by a political subdivision such as a city or county, or the state or federal governments.
The laws or regulations discussed must be U.S. laws and regulations. The entity can be a publicly traded company, a private company, a large corporation or a small business (including a sole proprietorship). It cannot be a governmental entity. Be sure to save and cite your articles working URL on the title page, and the date you last visited the weblink. Test the link (open a new browser and paste link and go) before submitting the article for approval. If the link fails, the article is not approved. I must be able to access your article.
Websites with articles fitting this assignment include:
1. www.fcpablog.com
2. www.nytimes.com (select Business in the tool bar)
3. www.sec.gov (see Latest News section)
4. www.justice.gov (see Justice News section)
5. https://washingtonpost.com
6. Wall Street Journal (through UHD library periodicals)
7. The Economist (through UHD library periodicals)
8. Other approved website.
Follow the directions in the Article Selection Assignment file to submit your selection. The selection assignment tells you the information to include in your message to me. (Remember, compliance is about following directions, so follow the article selection directions carefully). I will respond to your selection ASAP.
Once your article is approved, you can start writing your paper. Do not research or quote additional articles. This is NOT a research assignment. The report is a thinking assignment. You may refer to and cite the background articles in the assignment folder, compliance and ethics websites visited, our textbook, and other course materials. Citing additional articles will reduce your report score.
STEP 3. Write the Paper with the Required Format and Content Set Out in this Step
Format. Organize your paper into the 3 parts below, using the subheadings and ABC formatting as shown below, starting with a title page with the following information:
Student Name:
Course Name and CRN:
Report Submission Date:
Title of Article and Date Article Published:
Articles Link:
Date Article Last Visited:
(Note: The title page is NOT one of the three pages of the report).
Part 1: Recent Compliance Problem and Enforcement Action in the Article Selected
A.
B.
C.
D.
Part 2: The Relationship between Compliance, Ethics, and the Law
A.
B.
C.
D.
Part 3: Compliance and Ethics Work as Professional Careers
A.
B.
C.
Content. Your content will answer the questions or directions below. Do not use Q&A format. Do not restate the question in your response. Use Times New Roman 12 point font and one inch margins. Your paper must follow formatting and content directions exactly or points will be deducted. Your content must address only the question asked or points will be deducted.
Part 1: Recent Compliance Problem and Enforcement Action in the Article Selected
Use your approved article to answer the following questions. If the article is silent, state that the article did not address this point.
A. Who is the person or company with the compliance problem? What is the industry this person or company is in?
B. Who is prosecuting this compliance failure? Which government agency or other person is prosecuting or suing?
C. What is the non-compliant behavior? What laws or regulations or ethical standards were not followed?
D. Who was injured by the compliance/ethics failure? How were they injured? Think beyond your article and consider all stakeholders this person or company impacts by the behavior described in the article. What are the impacts on society?
Part 2: The Relationship between Compliance, Ethics, and the Law
Based on the background articles posted in the assignment folder, your textbooks ethics chapter, websites visited, and other course materials, respond to the following items:
A. In your opinion, who in a business entity owns the duty to make sure the business is in full compliance with the law? The CEO, the Board of Directors, the Chief Compliance Officer, the Chief Legal Counsel, the lower level managers, the line employees? State the reasons that support your opinion. Cite at least one of the background articles in your response.
B. Describe your understanding on the relationship between corporate culture (ethical standards) and a companys efforts to comply with laws and regulations. Cite at least one of the background articles in your response.
C. In your opinion, can ethics ensure a companys compliance with all law, or is ethics something separate from complying with laws? State the reasons your opinion is based on. Does the textbook chapter help you form your opinion?
D. Assume you hold an executive management position in a company. What activities, programs, strategies or other approaches would you want to have in place to ensure compliance with all laws and regulations? What would you do to create and maintain the corporate culture you believe your company needs to succeed in todays environment?
Part 3: Compliance and Ethics Work as Professional Careers
Using the information you found on jobsites in Step 1 of this assignment, answer these following questions.
A. List 3 jobs with ethics in the title. For each, state (i) the job title, (ii) the educational requirements, (iii) desired experience, and (iv) the pay. (v) Give the website name and the date this information was retrieved for each job.
B. List 3 jobs with compliance in the title. For each, state (i) the job title, (ii) the educational requirements, (iii) desired experience, and (iv) the pay. (v) Give the website name and the date this information was retrieved for each job.
C. Would you consider working in any of the positions you listed? Why or why not? Would you consider becoming a Certified Compliance and Ethics Officer? Why or why not?
STEP 4. Review Your Paper Before Submitting
Professionalism. Use accepted business language. The tone of your paper should communicate information and opinions that demonstrate your understanding and opinions about the compliance problem in the company that your article addresses, and your ideas on how to prevent future compliance and ethical failures. Use complete sentences and professional language. Do not abbreviate or use slang words. If you use direct quotes, provide a source citation after the quote in parenthesis. You do not need a separate Works Cited page. UHD Writing Center tutors can help you evaluate your paper for a professional tone. (See info below on how to schedule a virtual tutor appointment).
Content. Use the Report Grade Rubric in the Assignment folder to see the points assigned to each listed report trait. Use the rubric to evaluate your work prior to submitting. You might discover weaknesses or errors you can correct before submitting. You will be able to view points and my comments once your report is scored (hopefully within 7 days of submission). Access this feedback through the Report Grade (view attempt) using the Blackboard My Grades link.
Writing Mechanics. Read the Common Writing Errors file in the Assignment folder. Review your work for these.
Writing Tutor Review. To improve your writing skills, take advantage of the COB and UHD writing tutors. They are available for face to face meetings, drop box, or Zoom (online) reviews. To schedule an appointment, go to uhd.mywconline.com, or call 713.237.5400, or visit uhd.edu/northwest. If you review your report with a writing tutor before submitting, and you submit documentation of this review, no points will be deducted for writing mechanics errors. Tutors provide proof of the visit. Include this confirmation as the last page of the report.
STEP 5: Report Submission Instructions
Follow directions 100% or points will be deducted.
A. Name the report file this way: first name-last name-BA3301-Report. Example: Lee-Usnick-BA3301-Report
B. Save your report file as a PDF, not a Word document. To save, did you know you have access to One Drive (the Cloud) through your UHD Outlook account? I recommend saving backups of all your UHD courswork here, or email it to yourself. Failure to turn in a report due to computer crashing is not an excuse for missed deadlines from business professionals. Always have a backup of your work.
C. Submit the report through the Report assignment tool. Submitting through a message or to my UHD.edu email account will not count as submission and will not be graded. You must submit in Blackboards assignment tool. If you do not know how, please ask. And see the file on How to Submit in Blackboard in the Report Assignment folder.
D. The submission deadline is on the Course Calendar. Late submissions are accepted until the last class day (not the final exam date) of the semester and is stated on the Calendar. The penalty for late submission is stated in the syllabus. Do not wait until the last hour of the due date as your computer could crash, you could attach the wrong file, you could lose Internet access or lose electrical power, and any number of other reasons why you miss the deadline if you procrastinate. Professionals plan ahead. Remember, backup your work to be safe.
* Revised 11/6/20
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