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1 Business Ethics and Law – Fall 2021

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SYLLABUS

Business Ethics and Law (EMGM 5350) Fall 2021

Instructor: Lawrence Trautman, JD, MBA

Section # and CRN: (Y01) CRN 19241 Office Location: Agriculture/Business Multipurpose Building, Room 337

Office Phone: (936) 261-9222 Email Address: Office Hours:

[email protected] WED 10:00am – 11:00am; 02:00 – 04:00pm; or by appointment

Mode of Instruction: Course Location:

In Hybrid Format Northwest Houston Center, Room 109

Class Days & Times: Week Date Format Time

1 October 23 Face to face 9:00am – 12:00pm 1:00pm – 4:00pm

2 October 30 Online

3 November 6 Face to face 9:00am – 12:00pm 1:00pm – 4:00pm

4 November 13 Online

5 November 20 Face to face 9:00am – 12:00pm 1:00pm – 4:00pm

6 November 27 Univ. Holiday

7 December 4 Online

8 December 11 Face to Face 9:00am – 12:00pm 1:00pm – 4:00pm

Catalog Description:

Credit 3 semester hours. Understand the underlying principles of ethics, related law, integrity, and objectivity for business executives, the audit committee, and external auditors. In addition, information and materials will also stress the importance of observing the ethical rules of the professional and regulatory bodies.

Prerequisites: None Co-requisites: None Required Text:  Textbook: Business Ethics: Ethical Decision Making and Cases, by Ferrell,

Fraedrich, and Ferrell, Cengage (South-Western), 13e, 2021. ISBN: 978- 0357709849.

 Additional articles, cases, and supplemental material will be made available by the instructor.

Recommendations: Other readings/articles throughout the semester. Students will be expected to stay

abreast of current events. It is highly recommended that students maintain the daily practice of reading periodicals, journals, or newspapers for ethics- and law-related material. Grading and assessment information will be posted on E-courses. It is critical that you know how to use various features of E-courses proficiently. Communication regarding class matters (information updates, announcements, etc.) will primarily occur through E-courses. Recommended: Ben Mezrich, The Accidental Billionaires: The Founding of Facebook (Anchor Books, 2009).

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(1) Student Learning Outcomes

Upon successful completion of this course, students will be able to:

Program Learning Outcome # Alignment

Core Curriculum Outcome Alignment

1 Recognize and clearly state ethical issues. The preparation of managers of organizations requires a liberal arts education emphasizing an understanding of the economic, social and political issues in a multi-cultural environment. The major emphases in the management curriculum are on problem identification, analysis and solution, decision-making, business ethics, communications, team dynamics and leadership, as well as understanding and integrating the functional areas of business operations.

To employ the methods and dates that historians and social and behavioral scientist use to investigate the human condition; To use and critique alternative explanatory systems or theories; To develop and communicate alternative explanations or solutions for contemporary social issues.

2 Recognize and analyze an ethical problem, and choose and defend a solution.

3 Identify, analyze, and understand how businesspeople make ethical decisions and handle ethical issues.

4 Be able to develop alternative approaches to ethical decision-making.

5 Learn about specific measures companies can take to build effective ethics programs.

6 Gain a greater awareness of legal requirements as well as best practices in business.

7 Understand major global ethics issues taking place in international business.

8 Understand why a strong ethical foundation is essential to leadership.

9 Distinguish between leadership, management and administration; Be able to distinguish between fundamental styles of leadership.

10 Be able to show that leadership decisions must be intuitive rather than prescriptive and based upon a firm ethical foundation.

11 Civil and Criminal Procedure Explain, the sources of law, civil & criminal

12 Tort Law Examples of negligence and intentional torts, company’s rights and duties

13 Intellectual Property Understand intellectual property, define the laws of patents, copyrights, and trademarks.

14 Contract Law Explain contracts, the elements of a valid contract, defenses to contracts

15 Employment Law Employer v. Employee’s Rights-Workplace legal Issues and Employment- Contract Law

16 Property Law Real property, personal property, and fixtures Eminent Domain and the Government’s power

17 Property Law Real property, personal property, and fixtures Eminent Domain

18 Agent and Principle Understand an Agent and principle relationship, responsibilities and liabilities of the principle

19 Corporations Formation of a business entity (sole proprietorship, partnership, corporation)

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20 Constitutional Law Procedural and substantive due process . Commerce Clause as it relates to Business

21 Employment Law Employer v. Employee’s Rights-Workplace legal Issues and Employment- Contract Law

The objectives of the course can successfully be met by:

1) Following the online discussions regarding class issues and announcements. 2) Purchasing, reading, and studying the required materials as well as properly taking and studying

notes after class. 3) Reading the text and supplemental readings before class and preparing relevant questions. 4) Attending class and utilizing teams/study groups. 5) Asking for and seeking help during office hours. 6) Keeping all deadlines.

Course Objectives/Accrediting Body: The Association to Advance Collegiate Schools of Business (AACSB) (2) Major Course Requirements

10 Reaction Papers: Topics to be assigned

Attendance & participation- combined score

Class Presentation

Term Paper Assignments (No final exam)

50% 15% 5% 30% Analysis should be three (3) sheets of paper front and back = 6 pages (footnotes & sources not required for reaction papers). Each reaction paper counts as 5% of your grade. The goal is to show me that you read the assignment by showing me page numbers of major concepts within the article. For example, you might say, “on page 4 the authors say “…,” then, react to it. Please don’t write something about the general topic; but fail to show me that you actually read the assigned article. Grade less if not submitted when due.

You may have questions to work on in groups that we will review in class. Attendance and class participation is important and will be a major portion of your grade component for this category.

Spoken communication is an important skill. You will participate in groups to discuss legal problems you find in reaction papers.

The paper assignment topic will be provided early in the course along with grading rubric. Your effort should reflect that this assignment counts as thirty (30%) of your class grade. Your work should be typed (double spaced in 12 point Times Roman font) and should include footnotes (either APA or Bluebook-used in legal writing). No page limit; You may want to think of this as a writing sample that you can show to potential employers.

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Grading Criteria and Conversion:

900 – 1000 points = A A= 90.00 – 100%

800 – 899 = B B = 80.00 – 89.99%

700 – 799 = C C = 70.00 – 79.99%

600 – 699 = D D = 60.00 – 69.99%

599 And Under = F F = 50.00 – 59.99%

Detailed Description of Major Assignments:

Assignment Title or Grade Requirement

Description

Term Paper The term paper assignment topic will be provided early in the course. Your effort should reflect that this assignment counts as thirty (30%) of your class grade. Your work should be typed (double spaced in 12 point Times New Roman font) & should include footnotes (either APA format or Bluebook-used in legal writing). Please think of this as a writing sample that you can show to potential employers. For Reaction paper assignments due via Canvas, please state in the subject line “EMGM 5350, Reaction Paper #__” & please make sure your name is on the paper

Date

Chapter

Topic

Week Nine

[Face-to Face]

October 23

Chapter 1

Course Intro, requirements, etc.

The Importance of Business Ethics

The Importance of Reading-Ruth J. Simmons

Term Paper Topic Assigned

Reaction Paper Assignment #1. IRAC! IRAC! IRAC!: How To Brief

Any Legal Issue, available at http://ssrn.com/abstract=2827285. Read

and write a brief reaction (not to exceed 1 sheet of paper front & back)

about what you learned from reading this paper & why important.

Reaction Paper Assignment #2. A Descriptive Analysis of the

Fourth Amendment and the Third-Party Doctrine in the Digital Age!,

(with Peter C. Ormerod), 28 ALBANY LAW JOURNAL OF SCIENCE &

TECHNOLOGY 73 (2018), available at https://ssrn.com/abstract=3005714.

See instructions above (requires 6 pages of analysis= 3 sheets of paper

front-&-back.

Assignments 1 & 2 due via Canvas before midnight,

Tuesday, Oct. 26th.

Chapter 2 Stakeholder Relationships

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Week Ten

October 30

[Online]

Chapter 3

Emerging Business Ethics Issues

Reaction Paper Assignment #3. Customer Injuries: An Introduction to

Tort Law (with Thomas J. Freeman, Vanessa L. Johnson & Lora J.

Koretz), available at https://ssrn.com/abstract=3795841.

Assignment 3 due via Canvas by noon Oct. 30th.

Reaction Paper Assignment #4, Ethical Culture and Legal Liability: The

GM Switch Crisis and Lessons in Governance, 22 BOSTON UNIVERSITY

JOURNAL OF SCIENCE & TECHNOLOGY LAW 187 (2016), available at

http://ssrn.com/abstract=2691536. Assignment #4 due via Canvas before noon, Oct. 31st.

Reaction Paper Assignment #5, The Demographics of Death: An Early

Look at Covid-19, Cultural and Racial Bias in America (with

U.S. Congresswoman Eddie Bernice Johnson),

48 HASTINGS CONSTITUTIONAL LAW QUARTERLY 357 (2021),

available at http://ssrn.com/abstract=3677607.

Assignment #5 due via Canvas before noon, Nov. 5th.

Chapter 4 The Institutionalization of Business Ethics

Week 11

November 6

[Face-to Face]

Chapter 5

Ethical Decision Making

Reaction Paper Assignment #6, Contracts in Brief (with Lora J.

Koretz, Anthony L. McMullen, H. Justin Pace, and Michelle A.

Romero, available at http://ssrn.com/abstract=3571997.

Assignment 6 due via Canvas by noon Nov. 5th.

Reaction Paper Assignment #7, Mission Critical: Caremark. Blue Bell,

and Director Responsibility for Cybersecurity Governance (with H.

Justin Pace), http://ssrn.com/abstract=3938128.

Assignment 7 due via Canvas by noon Nov. 13th.

Reaction Paper Assignment #8, Rapid Technological Change and

U.S. Entrepreneurial Risk in International Markets: Focus on Data

Security, Information Privacy, Bribery and Corruption, 49 CAPITAL U. LAW

REVIEW 67 (2021), at https://ssrn.com/abstract=2912072.

Assignment 8 due via Canvas by noon Nov. 13th.

Chapter 6 Individual Factors: Moral Philosophies and Values

Week Twelve

November 13

Chapter 7

Organizational Factors: The Role of Ethical Culture

[Online] Reaction Paper Assignment #9 Corporate Directors: Who They Are, What They Do, Cyber and Other Contemporary Challenges (with Seletha Butler,

Frederick Chang, Michele Hooper, Ron McCray and Ruth Simmons), 70

BUFFALO LAW REVIEW (forthcoming), http://ssrn.com/abstract=3792382.

Assignment 9 due via Canvas by noon Nov. 19th.

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Chapter 8 Developing an Effective Ethics Program

Reaction Paper Assignment #10, The ESG Debate Emerges from the Soil of

Climate Denial, (with Neal Newman), http://ssrn.com/abstract=3939898.

Assignment 10 due via Canvas by noon Nov. 19th.

Week Thirteen

[Face-to Face]

November 20

Chapter 10 Business Ethics in a Global Economy

Term Paper Topic & Rubric Discussed

Chapter 11

Ethical Leadership

Week Fourteen

November 27

University Holiday

Internet Law, Cyber Crime, Social Media & Privacy

Week Fifteen

December 4

[Online]

Contemporary Issues in Law & Ethics

Week Sixteen

December 11

[Face-to Face]

Term Paper Assignment Due Before Class

(3) Course Procedures and Additional Policies Attendance Policy Prairie View A&M University requires regular class attendance. Excessive absences will result in lowered grades. Excessive absenteeism may result in a student’s course grade being reduced. A grade of zero will be given for a missed exam. Makeup exams are not allowed, except under urgent, exceptional, and documented circumstances. Any student who does not take an exam must obtain permission from the instructor in order to take a make-up exam. A student who does not secure approval will receive a zero for the exam missed. Make-up exams must be taken as soon as possible following the original exam date and cannot be taken after three days following the original exam date.

(4) Student Support and Success John B. Coleman Library The library and its partners have as their mission to provide resources and instructional material in support of the evolving curriculum, as a partner in Prairie View A&M University's mission of teaching, research, and service and to support the University's core values of access and quality, diversity, leadership, relevance, and social responsibility through emphasis on ten key areas of service. It maintains library collections and access both on campus, online, and through local agreements to further the educational goals of students and faculty. https://www.pvamu.edu/library/ Phone: 936-261-1500.

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The Learning Curve (Center for Academic Support) The Learning Curve offers Tutoring via peer tutoring. The services include workshops (i.e., Save My Semester, Recalculate Your Route), seminars (i.e., Tools You Can Use: TI-84), group review sessions (i.e., College Algebra Topic Reviews, GRE Preparation), group study opportunities (i.e., TSIA, HESI, Study Break, Exam Cram), and test-taking strategies (How to take Notes, Study Buddy, 5 Day Study Guide). The Learning Curve is a nationally certified tutoring program through the National Tutoring Association. The peer tutors are trained and certified by the coordinator each semester. Location: J.B. Coleman Library Rm. 207F. Phone: 936-261-1561 The Center for the Oversight and Management of Personalized Academic Student Success (COMPASS) The Center for the Oversight and Management of Personalized Academic Student Success (COMPASS) is designed to help Prairie View students in their second year and beyond navigate towards graduation by providing the following services: Academic Advisement, Targeted Tutorials for Personalized Learning, Campus-Wide Referrals, and Academic & Social Workshops. Location: J.B. Coleman Library Rm. 306. Phone: 936-261-1040 Writing Center The Writing Center provides student consultants on all aspects of the writing process and a variety of writing assignments. Writing Center consultations assist students in such areas as prewriting, brainstorming, audience awareness, organization, research, and citation. Students taking on-line courses or courses at the Northwest Houston Center or College of Nursing may consult remotely or by email. Location: Hilliard Hall Rm. 121. Phone: 936-261-3724. Student Counseling Services The Student Counseling Services unit offers a range of services and programs to assist students in maximizing their potential for success: short-term individual, couples, and group counseling, as well as crisis intervention, outreach, consultation, and referral services. The staff is licensed by the State of Texas and provides assistance to students who are dealing with academic skills concerns, situational crises, adjustment problems, and emotional difficulties. Information shared with the staff is treated confidentially and in accordance with Texas State Law. Location: Owens-Franklin Health Center Rm. 226. Phone: 936-261-3564 Testing The Department of Testing administers College Board CLEP examinations, the HESI A2 for pre-nursing majors, LSAT for law school applicants and MPRE for second-year law students, the Experiential Learning Portfolio option, the Texas Success Initiative (TSI) Assessment, which determines college readiness in the state, and exam proctoring, among other service such as SAT and ACT for high school students. Location: Delco Rm. 141. Phone: 936-261-4286 Office of Diagnostic Testing and Disability Services As a federally-mandated educational support unit, the Office of Disability Services serves as the repository for confidential disability files for faculty, staff, and students. For persons with a disability, the Office develops individualized ADA letters of request for accommodations. Other services include: learning style inventories, awareness workshops, accessibility pathways, webinars, computer laboratory with adapted hard and software, adapted furniture, proctoring of non-standardized test administrations, ASL interpreters, ALDs, digital recorders, livescribe, Kurtzweil, and a comprehensive referral network across campus and the broader community. Location: Evans Hall Rm. 317. Phone: 936-261-3585 Veteran Affairs Veterans Services works with student veterans, current military and military dependents to support their transition to the college environment and continued persistence to graduation. The Office coordinates and certifies benefits for both the G.I. Bill and the Texas Hazlewood Act. Location: Evans Hall Rm. 323. Phone: 936-261-3563 Office for Student Engagement The Office for Student Engagement delivers comprehensive programs and services designed to meet the co-curricular needs of students. The Office implements inclusive and accessible programs and services that enhance student development through exposure to and participation in diverse and relevant social, cultural, intellectual, recreational, community service, leadership development and campus governance. Location: Memorial Student Center Rm. 221. Phone: 936-261-1340 Career Services Career Services supports students through professional development, career readiness, and placement and employment assistance. The Office provides one-on-one career coaching, interview preparation, resume and letter writing, and career

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exploration workshops and seminars. Services are provided for students at the Northwest Houston Center and College of Nursing in the Medical Center twice a month or on a requested basis. Distance Learning students are encouraged to visit the Career Services website for information regarding services provided. Location: Evans Hall Rm. 217. Phone: 936-261- 3570. (5) University Rules and Procedures Disability Statement (Also See Student Handbook): The Americans with Disabilities Act (ADA) is a federal anti-discrimination statute that provides comprehensive civil rights protection for persons with disabilities. Among other things, this legislation requires that all students with disabilities be guaranteed a learning environment that provides for reasonable accommodation of their disabilities. If you believe you have a disability requiring an accommodation, please contact Disability Services, in Evans Hall, Room 317, or call 936-261- 3585/3. Academic Misconduct (See Student Handbook): You are expected to practice academic honesty in every aspect of this course and all other courses. Make sure you are familiar with your Student Handbook, especially the section on academic misconduct. Students who engage in academic misconduct are subject to university disciplinary procedures. Forms of Academic Dishonesty:

1. Cheating: deception in which a student misrepresents that he/she has mastered information on an academic exercise that he/she has not mastered; giving or receiving aid unauthorized by the instructor on assignments or examinations.

2. Academic misconduct: tampering with grades or taking part in obtaining or distributing any part of a scheduled test.

3. Fabrication: use of invented information or falsified research.

4. Plagiarism: unacknowledged quotation and/or paraphrase of someone else’s words, ideas, or data as one’s own in work submitted for credit. Failure to identify information or essays from the Internet and submitting them as one’s own work also constitutes plagiarism.

Any form of misconduct or dishonesty will result in disciplinary procedures, which can include a student receiving a grade of F in the course. Nonacademic Misconduct (See Student Handbook) The university respects the rights of instructors to teach and students to learn. Maintenance of these rights requires campus conditions that do not impede their exercise. Campus behavior that interferes with either (1) the instructor’s ability to conduct the class, (2) the inability of other students to profit from the instructional program, or (3) campus behavior that interferes with the rights of others will not be tolerated. An individual engaging in such disruptive behavior may be subject to disciplinary action. Such incidents will be adjudicated by the Dean of Students under nonacademic procedures. Sexual Misconduct (See Student Handbook): Sexual harassment of students and employers at Prairie View A&M University is unacceptable and will not be tolerated. Any member of the university community violating this policy will be subject to disciplinary action. Title IX Statement Prairie View A&M University (PVAMU) is committed to supporting students and complying with the Texas A&M University System non-discrimination policy. It seeks to establish an environment that is free of bias, discrimination, and harassment. If you experience an incident of sex- or gender-based discrimination, including sexual harassment, sexual assault or attempted sexual assault, we encourage you to report it. While you may talk to a faculty member about an incident of misconduct, the faculty member must report the basic facts of your experience to Ms. Alexia Taylor, PVAMU’s Title IX Coordinator. If you would like to speak with someone who may be able to afford you privacy or confidentiality, there are individuals who can meet with you. The Title IX Coordinator is designated to handle inquiries regarding non-discrimination policies and can assist you with understanding your options and connect you with on- and off-campus resources. The Title IX Coordinator can be reached by phone at 936-261-2123 or in Suite 013 in the A.I. Thomas Administration Building.

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Class Attendance Policy (See Catalog for Full Attendance Policy) Prairie View A&M University requires regular class attendance. Attending all classes supports full academic development of each learner whether classes are taught with the instructor physically present or via distance learning technologies such as interactive video and/or internet.

Excessive absenteeism, whether excused or unexcused, may result in a student’s course grade being reduced or the assignment of a grade of “F”. Absences are accumulated beginning with the first day of class during regular semesters and summer terms.

Student Academic Appeals Process Authority and responsibility for assigning grades to students rests with the faculty. However, in those instances where students believe that miscommunication, errors, or unfairness of any kind may have adversely affected the instructor's assessment of their academic performance, the student has a right to appeal by the procedure listed in the Undergraduate Catalog and by doing so within thirty days of receiving the grade or experiencing any other problematic academic event that prompted the complaint. TECHNICAL CONSIDERATIONS Minimum Recommended Hardware and Software:

 Intel PC or Laptop with Windows 7; Mac with OS X; Smartphone or iPad/Tablet with Wi-Fi

 High speed Internet access

 8 GB Memory

 Hard drive with 320 GB storage space

 15” monitor, 800x600, color or 16 bit

 Sound card w/speakers

 Microphone and recording software

 Keyboard & mouse

 Most current version of Google Chrome, Safari, Internet Explorer or Firefox Note: Be sure to enable Java & pop-ups in the Web browser preferences Participants should have a basic proficiency of the following computer skills:

 Sending and receiving email

 A working knowledge of the Internet

 Proficiency in Microsoft Word (or a program convertible to Word)

 Proficiency in the Acrobat PDF Reader

 Basic knowledge of Windows or Mac O.S. Netiquette (online etiquette): Students are expected to participate in all discussions and virtual classroom chats as directed. Students are to be respectful and courteous to others on discussions boards. Foul or abusive language will not be tolerated. Technical Support: Students should go to https://mypassword.pvamu.edu/ if they have password issues. The page will provide instructions for resetting passwords and contact information if login issues persist. For other technical questions regarding eCourses, call the Office of Distance Learning at 936-261-3283

Communication Expectations and Standards: Emails or discussion postings will receive a response from the instructor, usually in less than 48 hours. Urgent emails should be marked as such. Check regularly for responses.

Discussion Requirement: Online courses often require minimal to no face-to-face meetings. However, conversations about the readings, lectures, materials, and other aspects of the course can take place in a seminar fashion. This will be accomplished by the use of the discussion board. The exact use of discussion will be determined by the instructor. It is strongly suggested that students type their discussion postings in a word processing application and save it to their

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PC or a removable drive before posting to the discussion board. This is important for two reasons: 1) If for some reason your discussion responses are lost in your online course, you will have another copy; 2) Grammatical errors can be greatly minimized by the use of the spell-and-grammar check functions in word processing applications. Once the post(s) have been typed and corrected in the word processing application, it/they should be copied and pasted to the discussion board.

COVID-19 Campus Safety Measures To promote public safety and protect students, faculty, and staff during the coronavirus pandemic, PVAMU has adopted policies and practices to limit virus transmission.

 Self-monitoring - Students should follow CDC recommendations for self-monitoring. Students who have a fever or exhibit symptoms of COVID-19 should participate in class remotely and should not participate in face-to-face instruction.

 Face Coverings - Face coverings (cloth face covering, surgical mask, etc.) are recommended in classrooms, teaching laboratories, common spaces such as lobbies and hallways, public study spaces, libraries, academic resource, and support offices, and outdoor spaces where 6 feet of physical distancing is challenging to maintain reliably.

 Physical Distancing - Physical distancing should be maintained between students, instructors, and others in

course and course-related activities where possible.

 Personal Illness and Quarantine - Students required to quarantine are to participate in courses and course-related activities remotely and must not attend face-to-face course activities. Students should notify their instructors of the quarantine requirement. Students under quarantine are expected to participate in courses and complete graded work unless they have symptoms that are too severe to participate in course activities. Students experiencing personal injury or illness that is too severe for the student to attend class qualify for an excused absence. To receive an excused absence, students must provide appropriate documentation to the Office for Student Conduct, [email protected].