Reply to Think she cheated on her SAT?

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[quote=Anonymous][quote=Anonymous][quote=Anonymous]

Eh, I can think of situations where someone who is guilty might choose to do exactly this in hopes that the organization wouldn’t want to be bothered with going to court and might even be willing to make a settlement with the plaintiffs to make them go away. [b]Being willing to go to court is not proof of either guilt or innocence. [/b][/quote]

PP here -- re the part in bold -- this is the point I have been making.  Don't assume she is guilty because of the path she chose.  I am glad you agree.  Your first point, however, is crazy.  Have you ever hired a lawyer?  Have you ever been part of a litigation?  It's not easier than ANYTHING, let alone re-taking a test.  And the cost, starting with the retainer...

[quote=Anonymous]
And this is not a court case, not a criminal matter. It is a private business matter between the buyer of a service and the provider of that service. There was a contract and each party has to follow certain rules. In this situation, one party is saying that they have evidence that the other party did not follow the rules laid down in the contact and is asking for evidence that the buyer actually did follow the rules. That’s all. No criminal sanctions involved. 
[/quote]

Its not a court case?  Yes, it is a court case.  A civil one.  In which if the testing board can't provide sufficient evidence of cheating, is likely to result in a judgment for the plaintiff and a change in the cheating policy.  if they can provide sufficient evidence of cheating, this young woman will pay the cost in her reputation and legal fees.

And to call the testing boards "the provider of that service" like a hairdresser, landscaper or a financial advisor is preposterous.  Two testing companies have a joint monopoly on the space and you can't get admitted to many colleges without using them.  The courts will find that  that changes the nature of the relationship and the responsibilities therein, IMHO.  [/quote]

Interesting that you chose to omit the quote in which the pp indicated that you are unlikely to take a case to court if you are guilty.

It is only a court case because the student is making it one. ETS is not forcing her into court. She had two very simple options: a free retake of the test to show that she could get the same scores or to send in her school transcripts to show that this score lined up with the caliber of her usual work. Both of these options are free, as in no cost to her, no need for large outlay of money. 
[/quote]

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