Please help settle a dispute with a colleague. I see "unethical" as behaviour that goes against the code of ethics, which non-ethical refers to behaviour outside the code of ethics, to which ethics do not apply or an action where ethics do not play a part.

My partner in this philosophical discussion says they are one and the same: behaviour that goes against a given code of ethics.

Though dicts. support my take on it, his arguement is that non-ethical is use to mean unethical in common language.

Please help us out.