Thanks all for the feedback. The proctor was in communication with CB over the summer and submitted all their material to show that there were no irregularities in the test room, plus seating charts, etc.
It isn’t an accusation of plagiarism, so that’s not really the issue. The accusation is that she had access to these textbooks while taking the test, based entirely on the context of what she wrote rather than any other sort of evidence.
Here’s what is extra strange about this. CB has two categories for cancelling scores. One is called ‘misconduct’ in which some sort of inappropriate activity happened, be it the fault of the proctor or of the student. The other is called ‘invalidity’ which is for more fuzzy cases. With ‘invalidity’ it can be things like the kids’ knowledge was so inconsistent over the course of the test that they feel something is wrong, so they invalidate it, or a few kids had overly similar wording in their free response, but there is no material evidence of cheating, etc. Fuzzy stuff.
With invalidity cases, they give you a chance to argue your side, it goes before a panel, then they either validate your score, let you retake the test immediately and if your score is close (4 instead of 5), they give you your original score (you’ve validated your ability), or you can go into arbitration, etc.
With misconduct cases, they do give you a chance to present your side to some degree, but if they decide against you, they cancel your score, and if it was you who they believe was responsible for the misconduct, they might not let you retake it.
Even though you would think her case would fit into invalidity, they are pursueing it as misconduct, because they believe she must have accessed these textbooks while taking the test, with the only ‘evidence’ being what she wrote. Crazy! So she is supposed to respond in some manner to explain why she knew that stuff. However, they won’t tell her what it is she wrote that raised the red flags, or even what the question was (for test security reasons). So she has to present a plausible explanation without knowing what it really even was. Extra crazy.
And yes, she will write a very respectful response and just do the best she can with it. The person we’re dealing with at College Board is very nice as well. And we get their need to be hyper vigilant about test security and validity, but there does seem to be a point at which using contextual analysis to accuse someone of misconduct is going too far the other way (department of pre-crime kind of stuff).