Online Degrees and CLEP and DSST Exam Prep Discussion
Remote Proctoring deemed illegal as violation of 4th amendment rights? - Printable Version

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Remote Proctoring deemed illegal as violation of 4th amendment rights? - MNomadic - 08-23-2022

https://www.journalgazette.net/local/ohio/judge-rules-video-scan-of-room-before-online-testing-illegal/article_cb3f433e-fc02-5509-97cb-a84b6e8f07fa.html#:~:text=A%20federal%20judge%20has%20ruled,before%20taking%20an%20online%20test
I wonder if this will set a precedent for future lawsuits? Will academic integrity suffer if room scans and remote Proctoring are deemed illegal?


RE: Remote Proctoring deemed illegal as violation of 4th amendment rights? - rachel83az - 08-23-2022

On the one hand, I don't like this. It has the potential to eliminate almost all remote testing, which would suck for everyone here.

On the other hand...

Quote:The decision whether to require students to show their rooms before a test is left to the discretion of individual professors and is not enforced by all instructors, Ogletree said in the lawsuit. Room scans are visible to other students who are taking a test, Ogletree's lawsuit said.

Visible to other students? What? Why?


RE: Remote Proctoring deemed illegal as violation of 4th amendment rights? - ROYISAGIRL - 08-23-2022

(08-23-2022, 05:03 PM)rachel83az Wrote: On the one hand, I don't like this. It has the potential to eliminate almost all remote testing, which would suck for everyone here.

On the other hand...

Quote:The decision whether to require students to show their rooms before a test is left to the discretion of individual professors and is not enforced by all instructors, Ogletree said in the lawsuit. Room scans are visible to other students who are taking a test, Ogletree's lawsuit said.

Visible to other students? What? Why?
Maybe they are doing the zoom courses with proctored exams?


RE: Remote Proctoring deemed illegal as violation of 4th amendment rights? - MNomadic - 08-23-2022

(08-23-2022, 05:03 PM)rachel83az Wrote: On the one hand, I don't like this. It has the potential to eliminate almost all remote testing, which would suck for everyone here.

On the other hand...

Quote:The decision whether to require students to show their rooms before a test is left to the discretion of individual professors and is not enforced by all instructors, Ogletree said in the lawsuit. Room scans are visible to other students who are taking a test, Ogletree's lawsuit said.

Visible to other students? What? Why?

That's what I found peculiar. It may be that they were having everyone together on a shared zoom call vs using a 3rd party Proctoring service. Definitely something to follow since if lawsuits started preventing remote Proctoring, academic integrity could suffer drastically, devaluing degrees. Or, as you mentioned, some remote programs could be eliminated altogether or require testing centers(which would be super inconvenient for a lot of people).


RE: Remote Proctoring deemed illegal as violation of 4th amendment rights? - ss20ts - 08-23-2022

I dislike proctoring immensely and have had a horrible experience with Examity. I still cannot get the photo of my driver's license removed on that account. Too late now because the data leak has probably already happened. It's one thing to see a student from the webcam. It's entirely different to pan the entire room over and over and look in cabinets and glasses. I can see proctoring being court more often because of the security and privacy concerns. I don't know what the answer is to prevent cheating. People have been cheating since the dawn of time.


RE: Remote Proctoring deemed illegal as violation of 4th amendment rights? - Vle045 - 08-23-2022

That’s right here in my backyard. My son’s esports coach is teaching at Cleveland State now.

In this case, I am pretty sure it was a situation where a previously in person class got shifted online so they were probably testing at the same time on zoom or similar.


RE: Remote Proctoring deemed illegal as violation of 4th amendment rights? - jsd - 08-23-2022

I can understand not liking home proctoring and finding it intrusive, but this ruling makes no sense. It's voluntary. The state isn't forcing anyone to enroll at Cleveland State University and take courses that require proctoring. It's a voluntary action taken by the student.

If I invite an officer into my home, he hasn't violated my 4th amendment rights if he takes a look at the family portraits that i hung on the wall (or, for that matter, notices all that crack i might have left on my coffee table)

There are state privacy laws that seem to be a much better fit for challenging proctoring practices. But a 4th amendment challenge seems really out there.


RE: Remote Proctoring deemed illegal as violation of 4th amendment rights? - Alpha - 08-23-2022

Here's the story from another source
Test proctoring room scans violated college student’s privacy, judge rules | Higher Ed Dive


RE: Remote Proctoring deemed illegal as violation of 4th amendment rights? - MNomadic - 08-23-2022

(08-23-2022, 06:16 PM)jsd Wrote: I can understand not liking home proctoring and finding it intrusive, but this ruling makes no sense. It's voluntary. The state isn't forcing anyone to enroll at Cleveland State University and take courses that require proctoring. It's a voluntary action taken by the student.

If I invite an officer into my home, he hasn't violated my 4th amendment rights if he takes a look at the family portraits that i hung on the wall (or, for that matter, notices all that crack i might have left on my coffee table)

There are state privacy laws that seem to be a much better fit for challenging proctoring practices. But a 4th amendment challenge seems really out there.
Agreed, the state didn't force its way into their home either physically or digitally, it was effectively voluntarily allowed in when they signed up for the class, knowing there would be proctoring requirements. Unless there was previously no expectations of remote/home proctoring and it was added in later, perhaps due to COVID changes? I think if someone knowingly signs up for a course that requires proctoring, it should be up to them to make arrangements to account for privacy (or make arrangements with the school). I know I always have a process I go through to make my home testing environment as "sterile" as possible. In fact I've recently just been setting up in the bathroom with my chair, a small, portable Desk, and my laptop, then taking everything off the counter/hiding anything. This way I don't have to worry about all the extra computers/monitors in my shared office.


RE: Remote Proctoring deemed illegal as violation of 4th amendment rights? - jsd - 08-23-2022

Drop the course. Take the exam in one of those closed rooms you can reserve at the library. Take the F. etc etc etc

There are so many other options and not one piece of this involves government coercion.