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State Promotional Exam

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P

pachebel

Guest
Recently a New Jersey state agency administered a promotional exam for firefighters.

Rules were mailed to each candidate prior to the exam. Example, no cell phones, pagers, laptop computers, or study materials were permitted at the exam site the day of the exam. It was also stated, prior to the test day, that all candidates should expect to be sequestered for several hours since candidates were being admitted to the facility at different starting times. They would not be allowed to leave the secured area until all candidates who were being tested were in the building.

However, these rules were not enforced. On exam day, while in the sequestered area, candidates had in their possession cell phones, study material, alphanumeric pagers, etc. Candidates were also allowed to leave this area unmonitored. It is my contention that information about the exam was being filtered into the sequestered areas by earlier test takers via these cell phones and pagers. As a result many candidates were provided with advanced knowledge of the questions to be asked. Also, an adequate number of state personnel and/or subject matter experts were not present to supervise the large number of test takers (368).

1. What is the state agency’s liability? Doesn’t the state agency administering the test have an obligation to provide a secure testing site by enforcing their own rules; and to what extent must they go to ensure that these rules are adhered to?

2. Whose burden is it to prove that a breach in security has occurred…Is it the obligation of the test taker, who has no control of the situation, to name individuals and provide proof that the integrity of the test was compromised…or shouldn’t the organization administering the test take responsibility for their lack of control of the situation as well as the lack of security?


3. Now that the testing is complete and a breach in security may have occured...what can be done at this point? Do I have any options?

[Edited by pachebel on 04-13-2001 at 10:07 AM]
 


A

Attorney_Replogle

Guest
Your question involves having to read the state and or local laws regulating that agency and or state mandated testing in order to come to a conclusion for question one. As to question two obviously the onus is on the agency to handle the security and breach of same issues.
 

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