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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 118175
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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My daughter was accused of cheating on her ACT test. She

Customer Question

My daughter was accused of cheating on her ACT test. She increased her score by 6 points from her first testing to the second. They are giving us the option of going to arbitration....Does anybody ever win in arbitration against the ACT
JA: The Lawyer will need to help you with this. Have you consulted a lawyer yet?
Customer: no
JA: Please tell me everything you can about this issue so the Lawyer can help you best. Is there anything else important you think the Lawyer should know?
Customer: We originally picked the option of challenging them, with numerous letters from administrators, and her transcripts. She just graduated with a 4.3 GPA and has about 25 college credits already. They still came back and said they are going to cancel
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Submitted: 1 year ago.
Category: Legal
Expert:  Asad Rahman replied 1 year ago.

People do certainly prevail in arbitration. It is very similar to trial but instead of a judge you have an arbitrator who helps decide the case. Many of the same issues that occur in trials also happen in arbitration such as witness testimony, evidence, discovery. I think you have a strong position based on your daughter's outstanding academic achievements. My only concern is they must have some specific evidence for them to make such an accusation i.e. video footage or another student's testimony.

Customer: replied 1 year ago.
They have neither...They say that her answers are similar to someone sitting close to her...4ft away....Of course the answers are going to be the same if they are right...My daughter has never cheated, and has never been accused....
Expert:  Asad Rahman replied 1 year ago.

Then I think you need to absolutely fight this otherwise this will be a lasting issue on her record. I would recommend having an attorney attend the arbitration with you.

Customer: replied 1 year ago.
you dont attend the arbitration...they do it without you present...You can only write a statement....Are you familiar with the ACT process on the cancelling of scores?
Expert:  Asad Rahman replied 1 year ago.

No, I assumed it was an actual arbitration.

Customer: replied 1 year ago.
It is with the American Arbitration assoc. And you fill out a package....Is there anybody on this site with experience in this situation
Expert:  Asad Rahman replied 1 year ago.

Let me opt out and perhaps someone else can help.

Customer: replied 1 year ago.
Thank you. I think that someone familiar with the situation would be the best avenue.
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Sadly the college testing organized crime ring does this to students all around the country. These college testing groups are a scam and really should have been prosecuted for anti-trust and RICO violations years ago for their handling of these tests.
In order to invalidate the test they need some actual evidence of cheating. The fact that a student increases their score by a certain percentage from test to test does not mean they cheated, it means they studied, they showed up to the second test more prepared (attended a prep class, used prep books), they got more rest before they took the test or maybe they were not feeling well on the first test. The problem is that these college test scam artists do not consider those things initially and they are things that need to be argued in your written arbitration request.
So, yes, people win at arbitration, but you will have to present your argument about all of the different factors that occurred from the first test to the second test and you need to describe them. You need to focus on her test preparation, using prep books or if she attended more prep classes or whatever she did to study more to do better and you need to also argue that their allegation is offensive in that it does not take into account a student has ability to improve by study and that they are making baseless and defamatory allegations of cheating without any evidence other than the student did better on their second test and that without further evidence you believe they are breaching their contract with the student and that they cannot produce even close to the preponderance of evidence necessary to meet their legal burden of proof.