Architect Kevin Fitzpatrick has been reprimanded by ARB’s Professional Conduct Committee (PCC) after he admitted unacceptable professional conduct
The investigation by the ARB began when Kevin Fitzpatrick referred himself after a disciplinary meeting with his employer that led to his dismissal in February 2019.
He explained that he had been dismissed from his employment with AIM Design on 19 February 2019 for gross misconduct. Fitzpatrick was alleged to have downloaded company sensitive information to his personal storage device without the authorisation or permission of AIM in breach of the company IT policy and data protection legislation.
The resulting allegations put to the PCC were that Fitzpatrick failed to act with integrity by knowingly copying sensitive business information from the systems of two practices onto a personal, electronic storage device.
It was also alleged that he failed to adequately manage and safeguard client records by downloading designs and information relating to former clients onto the personal electronic storage system.
Kevin Fitzpatrick attended the hearing in Edinburgh, and accepted that he had acted without integrity and that he was guilty of unacceptable professional conduct.
When considering a sanction, the PCC noted Fitzpatrick had no history of previous regulatory breaches, his prompt disclosure to ARB and that he had expressed genuine regret and remorse for his conduct.
The PCC also heard evidence from Fitzpatrick on the steps he had taken to avoid repetition of his actions including attending courses on GDPR and developing a compliant process for portfolio work.
The PCC determined that while Kevin Fitzpatrick’s failings fell short of the standards expected of an architect they noted there had been no malice in his actions and that he had not benefitted from them financially.
Taking all factors into account, the PCC decided a reprimand would be appropriate.
