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

Nice try, but as I mentioned, these are not criminal cases.  When using these analogies, you must keep this in mind.  Burden of proof is on the accused in this situation unfortunately.  ACT is a private organization.   They can administer these tests and decide when things look fishy.  There is no court system or police involved.  You are pretty much at their mercy, but the resolution is so simple.  RETAKE THE TEST.  Then you are done.  Trying to fight it with a high profile lawyer in the media is over the top and a cop out for someone who clearly would never be able to get that score under the controlled conditions of a retake.[/quote]

Nice try to you too.  I understand these are not criminal cases.  However your assertion that "Burden of proof is on the accused in this situation" is [b]false [/b]as there is no case law on it yet, and that is what these lawsuits will decide. You don't get to decide where the burden is just because you own the testing company.

When did you stop beating your spouse, by the way?

(I know you don't beat your spouse, hope you get the point.  Give the goddamned kid a break, it is possible she did not cheat.  Let her have her day in court and live with the results.  Why is that so hard?)

Some of you should visit here: https://www.fairtest.org/[/quote]

Isn’t retaking the test for free the student’s “day in court” and her chance to prove she did not cheat? Or just sending in her school transcript?

There are much easier ways of showing that she did not cheat that don’t involve lawyers and public fundraisers. 
[/quote]

No, retaking the test isn't the student having her day in court.  It is the exact opposite of it. For the life of me I don't know why that is so hard to grasp.

And yes I know there are easier ways -- none of which will result in any change in the system or assignation of guilt to the testing services. [b] Court is her only option[/b].[/quote]

But she can't possibly win.  The College Board gave her the facts, and her position is "no I didn't."  That's not going to win in Court, indeed the Court will ask why she didn't accept the College Board's offer to re-take the test..[/quote]

We'll see if she wins or not.  We'll see what a judge or a jury of her peers thinks.  They'll get to see the actual evidence, which none of us have.[/quote]

the College Board has not cancelled her scores, only told her she needs to re-take.  She is not availing herself of the available remedies before pursuing a lawsuit.  This will not even get to a jury. [/quote]

Retaking the test is not an equitable remedy!  If she didn’t cheat it is a punishment.[/quote]

The College Board can do that.  If they suspect cheating they offer a chance to re-take.  The court will expect the person to avail themselves of this opportunity to clear the College Board's suspicion before running to court.  She really hasn't been denied anything at this point.  Is this a defamation suit?  The article doesn't say what the legal basis for a lawsuit would be.[/quote]

[b]I don’t think the court will expect anything of the sort until they see the evidence [/b].[/quote]

Has a lawsuit been filed?  It just looks to me like the lawyer is trying the case in the press so far, but the College Board isn't going to cave in on this.  Tell me what the legal basis for a lawsuit would be.[/quote]

A judge in the other case just said there was a basis for that suit.  Don’t know why there wouldn’t be one for this one.[/quote]

The judge said the arbitration clause used by ACT was void as against public policy since the student is a minor and couldn't waive any rights he or she may have.  Thus if they have a basis for a lawsuit they can proceed to court.  But we don't know what the legal basis for the lawsuit is since the article doesn't say.  It said they were seeking "damages," but not what their damage was. A short delay in getting the apparent discrepancy in scores cleared up?  [/quote]

I would add that the lawyer in that case complained the ACT people took too long to notify them of the problem so it put the kid's college acceptance into jeopardy due to application deadlines.  That seems a legitimate gripe.  In the SAT girl's case it seems the lawyer is arguing that the College Board is accusing her of cheating and that is character assassination. [/quote]

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