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ACT Testing Wrongly Accusing Cheating 2017


Replies to: ACT Testing Wrongly Accusing Cheating 2017

  • GdittyGditty Registered User Posts: 18 Junior Member
    ARGUMENT (pt 5)
    [T]here is no genuine issue as to whether ACT breached its obligation to act in good faith under the contract. ACT's investigation of plaintiffs scores was extensive. ACT considered the dramatic increase in plaintiffs scores, the alarming similarity between plaintiffs answers and those oftest number 413619, plaintiffs self-reported grades, and the letters that plaintiff forwarded to ACT. ACT expressed a desire to consider plaintiffs transcript and any retest the plaintiff might take, but plaintiff refused to comply with ACT's request for this information. Finally, the ACT offered the plaintiff the option of arbitration several times. Plaintiffs attorney responded that plaintiff had no faith in arbitration and simply demanded that ACT certify the December score.

    ACT's actions in this case are inapposite to the actions ACT took in "Name". In this
    case ACT relied exclusively on a flawed statistical analysis. They conducted no other investigation. In fact, it was the Respondent who conducted all of the investigation, which was summarily ignored by ACT. Unlike the "Name" case, the Respondent in this case cooperated fully with ACT. Including, requesting arbitration several times, interviewing witnesses, and providing high school and college transcripts.
    Respondent recognizes ACT's obligation extends only so far as the requirement that they act in good faith and not abuse their discretion. However, plugging numbers into a computer based on an unsubstantiated statistical formula and coming up with a statistical probability that results in canceling an otherwise valid score cannot amount to good faith. ACT should be required to at least consider the explanation of the test taker and conduct a minimal investigation into the information provided given what is at stake to the consumer. Invariably, the sheer size of the exam taking population will generate the kinds of statistical numbers that warrant further scrutiny of some exams. Some of those exams will generate the kinds of numbers ACT posits in this case. If ACT is not required to at least engage in some minimal amount of investigation, as seems to be required by all the courts, then every exam will result in a certain number of students faced with either a retest, arbitration or a cancelled score despite having done nothing wrong.
  • GdittyGditty Registered User Posts: 18 Junior Member
    A student's ACT score has become, rightly or wrongly, an integral piece of the college admissions process. A high score on the ACT improves your chances of getting into the college of your choice, scholarship opportunities, which consequently open more doors of opportunity. Therefore, ACT has an obligation to consider the ramifications of its decision to cancel a student's higher ACT score with a great deal of deference. ACT simply has not met that obligation in this case. ACT is attempting to cancel the Respondent's score after completing his first year of college based solely on unreliable statistics. ACT, by relying exclusively on an inexplicable and questioned statistical analysis has acted unreasonably in deciding to cancel the Respondent's legitimately obtained test score. Furthermore, ACT failed to conduct even a minimal investigation. ACT did not interview their own proctor, consider the proximity of the proctor to the Respondent and the subject, look into the test prep agency's success rate for second time test takers, or even consider the character references provided by the Respondent. ACT did not fairly consider the Respondent's explanation for the June 2016 low test score. As such, ACT acted in bad faith in deciding to cancel the Respondents test score. Therefore, the Respondent respectfully request the Arbitrator find in favor of the Respondent, and find that his 2016 score is valid and enjoin ACT from cancelling the score.
    Dated this 13th day of April, 2018
    Respectfully submitted,
    By Signature:
    In Pro Per
  • GdittyGditty Registered User Posts: 18 Junior Member
    Hope this give you all a framework for your own fight. Once we submitted this brief we reviewed ACT's argument and responded to that before the arbitrator made their decision.
  • Mich75Mich75 Registered User Posts: 1 New Member
    I am going through this same situation with my son now. Can you provide the name of a lawyer who has experience in fighting this? ACT needs to be stopped! How do they sleep at night doing this to children!!!
  • GdittyGditty Registered User Posts: 18 Junior Member
    Unfortunately I don't have names of lawyers. We had the help of a family friend who did it as a favor. He is not licensed to do it officially. Fair Test might be helpful?
  • ktrrightsktrrights Registered User Posts: 101 Junior Member
    Attention all followers. Have you seen the latest headline on the cheating scandal involving the ACT and SAT. Check
    out these links -

    "Those charged in the probe include nine coaches at elite schools, two SAT and ACT exam administrators, one exam proctor, a college administrator and 33 parents, including Huffman and Loughlin." By AARON KATERSKY, BILL HUTCHINSON MIKE LEVINE Mar 13, 2019, 5:49 AM ET



    My guess is that the ACT has been using our kids to cover up for the so called "Security measures" they claim to take to protect these schools. I bet they find that there is more involvement inside the ACT. This would be a GREAT TIME for all of us parents to bring our story to the media!

    Thank you to all who have supported by blog!
  • LindagafLindagaf Registered User Posts: 8,768 Senior Member
    There is a VERY long and busy thread about this already: https://talk.collegeconfidential.com/college-admissions/2130479-feds-uncover-admissions-test-cheating-plot-p83.html

    The mods want people to discuss that topic only on that thread.
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