The College Board and Karen Dillard's College Prep LP ("KDCP") today announced a settlement of the College Board's copyright and trademark infringement lawsuit against KDCP, the company's owners and its executive director. Under the terms of the settlement, KDCP will pay $1 million, including $400,000 in test preparation services supplied free of charge to low-income high school students. KDCP will also be bound by an agreed court-issued injunction that bars it from any future infringements of the College Board's copyrights and trademarks in SAT and PSAT/NMSQT test forms and programs.
The College Board has concluded its investigation and has determined that no student PSAT or SAT scores will need to be canceled.
All claims in the lawsuit will be dismissed with prejudice. KDCP is also withdrawing its own assertions that certain of its employees engaged in misconduct.
Laurence Bunin, Senior Vice President for Operations at the College Board, expressed great satisfaction with the settlement: "The College Board depends on the trust and confidence that high schools, colleges and students have in the integrity of our exams, including the SAT. That trust and confidence is jeopardized when tests are used in ways that are unauthorized and that put the test security at risk. We believe that the settlement shows that KDCP acted improperly in copying and distributing a secure SAT test form and other College Board materials. We have demonstrated that we cannot and will not tolerate such conduct, and that we will take all appropriate steps to protect our tests."
Karen Dillard, Managing Partner of KDCP, also expressed satisfaction with the settlement. She said, "We are pleased to get this lawsuit behind us and get back to our business of working with students. We recognize now that KDCP should have been more careful in handling College Board materials, and going forward KDCP is committed to respecting the College Board's intellectual property rights. This settlement affords us the opportunity to provide our services to students who might otherwise be unable to take our courses."
The parties have agreed to limit their comments about the settlement to this press release.