Cheating on FAA written exam

This has been my experience for the all the written exams I've taken.
That's probably because -

a. Before the Test. (1) Instruct the applicant that he or she may not enter the testing area with personal possessions, including any type of writing instrument, portable phone, electronic planner, or any type of device with text or video recording capabilities. Applicants must secure their own personal possessions before entering the testing area (e.g., lock personal items in vehicle).
 
It was laser grade and I also passed the exam. I'm not sure about the rule of the testing center but I asked the lady if she needs me to leave my phone out and she said no as long as it's put away and turned off..
 
My problem is, they asked me to stand up. Opened my book, found the calculator(not my phone) in the book. Asked me to empty my pockets, that is when I took out my phone where the phone was turned off. The lady looked at it and placed it outside.
I was allowed to resume test and did pass the exam. I didn't hear anything for a few days, and got an email from the dean of school that there has been an academic integrity report and once I met with them they told me that it was a requirement for them to report it to the facility. But they have absolutely no proof of this, and I don't need to lie here.. I did not have my phone out at any point of the test. It's just so frustrating to have to go through this. They have basically put my major at risk and grounded me through flight so I cannot continue my training till further investigation with the FAA. I have had moments of breaking down everyday due to this. And they seem not to care what so ever. I just feel lost and scared as what is to happen to me in this situation as I can not afford being suspended for a year. Specially for something I did not do !
 
I was hoping that the cameras recorded but it's just surveillance. And they "observed me" using my phone during the test at which point came in and asked me to stand up. But all there was was the calculator in the book
 
hey so I was accused of cheating during the FAA knowledge exam. The proctor allegedly saw me putting my phone in between the book and having it out during the test. I had the provided calculator in the book the whole time and did not use my cellphone at any point of the test. I also asked prior to my test if I need to leave my phone out and she said it's not needed as long as it's turned off and put away. They have camera surveillance which I told them to look at and was informed they do not record.. I was asked to stand up during the exam and had the book checked and they saw that it was not my phone but the calculator. But still made a report to the local FAA branch. I'm awaiting the mail from the FAA and I'm just wondering how I can prove my innocence and fight this case ? Am I given an option to appeal? How or what will I have to do? Any help would be appreciated as I am under great deal of stress
Speaking now as a former proctor and an applicant for many knowledge tests - and also in reference to the FAA's guidance orders for testing, you should not have had a phone on your person during a test. I'm shocked that your proctor said it was ok. As for surveillance requirements, the proctor has to have clear sight of your testing area. This can be accomplished with CCV, but CCV is not required.
You appear to have two things going in your favor. 1. Your assertion that the proctor knew about your phone and explicitly allowed you to take your phone into the testing area. 2. Lack of any concrete proof that you had the phone - although if you did not have a phone, that sort of obviates the validity of your argument that you and the proctor had a conversation about it earlier. Neither of these will be very strong evidence of malfeasance on the part of the proctor, however, as there is probably no concrete evidence that your conversation with the proctor ever took place.
Did the proctor take your phone? Did she actually ever see the phone in the testing room? If so, and she deemed you using the phone to cheat, she would have been required to stop your test immediately, collect your materials, and report the incident immediately. Did she in fact stop your test, or did she allow you to complete it and then tell you she earlier witnessed your phone?
At the very least you should immediately assiduously document every detail of this incident you can recall. You probably want to call AOPA and/or an attorney.
 
My problem is, they asked me to stand up. Opened my book, found the calculator(not my phone) in the book. Asked me to empty my pockets, that is when I took out my phone where the phone was turned off. The lady looked at it and placed it outside.
I was allowed to resume test and did pass the exam. I didn't hear anything for a few days, and got an email from the dean of school that there has been an academic integrity report and once I met with them they told me that it was a requirement for them to report it to the facility. But they have absolutely no proof of this, and I don't need to lie here.. I did not have my phone out at any point of the test. It's just so frustrating to have to go through this. They have basically put my major at risk and grounded me through flight so I cannot continue my training till further investigation with the FAA. I have had moments of breaking down everyday due to this. And they seem not to care what so ever. I just feel lost and scared as what is to happen to me in this situation as I can not afford being suspended for a year. Specially for something I did not do !
OK, this probably helps you. At the point that she suspected you of cheating (and/or possessing the phone, which forms the heart of the argument that you were cheating - assuming there was no other reason to suspect you of cheating), she should have immediately stopped the test, removed you and your materials, and immediately made report. You above allege it went down otherwise. If that is correct, there was a breach of procedure. You could certainly use the fact that you were allowed to complete the test to prove this if it went down as stated. You should try to determine as much as you can about the timing of reports that were made after the initial incident. When, precisely, was what was reported to whom? This will likely be the only hard evidence that you will have that the entire procedure was tainted, and you became a victim of that taint.
 
Lawyer up if you can afford it. Unless you already were an AOPA legal services member they will probably not help you as the membership is not retroactive. But call anyway and see what they can recommend. If you find a good enough lawyer you can go back after the testing center if you are found not guilty for the cost of the attorney. It wont be an easy road but there is legal precedence for false accusations. They may just pay it through a settlement if you suggest, through your lawyer, that you will sue.

But from the story you tell its going to be your word against the proctors. Yes as @Crop Duster points out they failed to follow procedure but that doesn't mean that the FAA would care. If they find you guilty as @Derg says this could be a career impacting event. Even in this environment the airlines are not going to look at this lightly.

If it was me I would go after the testing center hard for the false allegation. Demand they show proof that you were cheating. If they can't they need to cover the cost of defending the charge against a FAA investigation.
 
This is very very odd, and the first time I have ever heard of such a thing. I was always required to empty my pockets in to a little basket before entering the testing area on every written I have ever taken.
 
Wow I thought phones had to be left out in the waiting area while you take the tests, along with having a working surveillance system. Unless there is more to the story is sounds like the proctor was having a bad day.

Our local FBO holds the phones for all test takers. Only the allowed items go into the exam room.
 
The testing center I was at required us to put our phones in a locker outside of the testing room. They also recorded each computer station from above. I thought both of these points were standard protocol at all FAA testing centers. If it is and is required the testing center has some explaining to do. Especially if you asked specifically about giving up your phone. Best of luck. Let us know how it turns out.
 
Seems to me the issue is your cell phone was in the testing booth with you. My guess they are going to deny allowing you to enter the test booth with your phone. How do you get a copy of the report?

I agree, allowing you to finish the test is a real plus for you.
 
Speaking now as a former proctor and an applicant for many knowledge tests - and also in reference to the FAA's guidance orders for testing, you should not have had a phone on your person during a test. I'm shocked that your proctor said it was ok.

When I took my Private, Commercial and Instrument tests not once did the testing proctor tell me I couldn't take a phone into the testing booth. Maybe the rules were different during the Nixon and Ford administration?

old-school-phones-used-in-movies1391208400-oct-23-2013-1-600x500.jpg
 
FWIW a friend of mine recently took a written at a Lasergrade testing center in Southern CA and was also told "it's fine to take your phone in as long as it stays in your pocket." I think this sets a pretty dangerous precedent if that phone being in your possession can then be used against you. At the end of the day poor proctor training - which appears to be pretty common (often proctors are the same people working the front desk at the FBO and are multitasking) - will not be an excuse and you will still be held ultimately responsible.

All we can really do to avoid being wrongfully accused of something like this is to voluntarily leave our phones outside the testing area regardless of what the proctor says. Pretty cheap insurance to avoid such a career altering event as @Derg put it.

Good luck OP. Get an aviation attorney involved.
 
OP, you need to fight this with all you have. Invest all of your energy into resolving this issue if you have any hopes of gaining an ATP and working in the arena. The money you have saved or dedicated to your future training has now been diverted to the defense of this case.

You're not dealing with a failed checkride or additional sim training here, most corporate departments and the airlines will work with you on these.
You're dealing with a character issue, integrity, an issue of morals....most employers won't even touch this.

Get an attorney..........
 
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