ETS Loses Another "Cheating" Case

University Testing

The Educational Testing Service (ETS), whose behavior towards students it claims may have cheated has been widely criticized (see Examiner, Fall 1993), has lost another legal test of its policies. As in the famous precedent of Brian Dalton (see Examiner, Spring 1992, Summer 1992, and Summer 1994), the Appellate Division of the Supreme Court of New York State affirmed a lower court decision that ETS did not act in "good faith" in canceling a test-taker's scores.


In the recent case, a student whose GRE performance was questioned sued ETS to block score cancellation. Though ETS claimed it had the "right" to cancel the student's score without external review, judges concluded that a trial on the merits was in order. Among other points, the appeals court noted that the test-maker's destruction of the student's test booklet "may also implicate the good faith of ETS." The challenged test-taker has asked for anonymity to avoid any negative impact on the student's graduate school applications.


Vincent Nicolosi, the New York City attorney who handled Brian Dalton's successful suit, also represented the GRE student. The Princeton Review Foundation, the non-profit arm of the test coaching company, assisted in both cases.