Response article to remote proctoring room scan decision

In a US district court case last month, a judge ruled that room scans taken before online exams are unconstitutional (read more).  Donald Balasa, CLEAR member and legal counsel for the American Association of Medical Assistants, has contributed a response article, providing constitutional background and analysis of the general facts that diminished the University's interests in requiring room scans before online examinations.  He concludes, "Even aside from the facts that this decision may be appealed and the Fourth Amendment applies only to government actors, the odd and atypical facts of this case limit its precedential usefulness.  Internally consistent and consistently applied test security principles, and generally accepted remote proctoring procedures, would avoid most if not all of the legal issues in Ogletree v. Cleveland State University."

Read the response article