Curiosity about folks who win ACT arbitrations is understandable, but there’s a problem - probably everyone to date has signed an ACT arbitration submission agreement requiring confidentiality of ACT’s filings, so very little information is available. No one should sign ACT’s Submission Agreement without getting competent advice on their options, which depends upon the facts of each case; furthermore, cases are different enough that any one winning case would likely provide limited guidance on any other case even without the confidentiality impediment. Winning these cases tends to involve attacking ACT’s analysis based upon the facts that are contained in ACT’s file, which many folks don’t even request to see. Unfortunately, many people seek a simplicity that just can’t be found in ACT score reviews, in my experience.
What an awesome post!@carrotsticks12 I’ve read every post in this thread up to this point and am so appreciative of everyone sharing their story. I also appreciate all that sympathize and empathize with these stories and very serious issue. We too are experiencing this sickening experience. My son was already enrolled at his chosen university when we received the letter that his last score was being questioned. We did like everyone else here and began the appeal process by sending all those things that we also believed would clearly show that my son earned and deserved the score he accomplished. We received the “canned” letter back as well threatening to cancel the scores if we didn’t retake the test and/or the arbitration route. We have to get the letter back to them this week to inform as to what our intention are. After reading and digesting the dynamics that are at play here, it is a clear injustice being perpetrated. Like @carrotsticks12, I inform the school and got them in the know immediately as to what was going on. My son is on an athletic football scholarship and is already their in class and working out with the team!! To shorten the story, after speaking with his coach and compliance, we have decided that it is in my son’s best interest do the retake. He’s confident that he can go in score just as well as his last score(33), if not better, though it was July 2107 since he last took the test!(He’s huge and big thinker/believer) The school though is not requiring that. There is a certain score they want to see and we’re more than confident that my son can make that happen. The support has been amazing, and it is in large part to how well my son has performed to begin his first semester there, in terms of his character, academics, and overall fast adjustment to the college life. We know that things will workout just as they are supposed to. We are also confident in our belief in the powerful law that none of us can escape, and that includes the entire ACT body and its cohorts that are a part of this atrocity and unfair system of false accusations that students can’t score the scores that they have worked so hard to improve, that will allow them to transition their best option in the next level of their educational journey. Whatever one chooses to sow, they will reap! The true attorney is on the case! Be encouraged friends!
@jrmfam He took the test in July 2017 and you received the letter recently?
FairTest handled eight new ACT challenged score cases in February alone. Typically, the student was not notified that the test result was being questioned until between six and nine months after the exam was administered – yes, several were already enrolled in college. In addition to guiding teenagers and their families through the process, we are working with law firms researching the possibility of class action litigation, experts in the arbitration process, and, potentially a statistical analyst who may be able to counter test-makers’ arguments. Families facing similar situations should fight back and share their experiences.
18 months is terrible. But the ACT doesn’t even test in July.
@bgbg4us There is a July test date for ACT.
^^it’s just that i find that incredulous and SCANDALOUS that the ACT would wait so long to let someone know . Are you kidding! that’s horrible! but before i posted that, I googled test dates 2017; and saw no July date. maybe i’m looking in the wrong place . . .
Testrights you are correct about people who win in arbitration that have to be careful about what they share publicly due to the agreement signed going into the arbitration process(Basically an NDA). My son went through arbitration a year ago and we were fortunate to have won. Trying to figure out how I can help without breaking our agreement with ACT…
So there might be a lot more who have won in arbitration but they aren’t posting on CC due to concerns about breaking the NDA? That’s actually enlightening.
@gditty wrote:
Does the NDA apply if you are posting anonymously?
I would not feel comfortable talking about their(ACT) case evidence whether it be anonymously or not. I will get legal advise as to whether I can share specific details about our strategy in fighting ACT. I will share a few general ideas for now, not in any specific order…
Once we learned the name of the arbitrator we researched that persons background and took that into account when forming our argument. If you know the person might have liberal tendencies then frame your argument as a David and Goliath story. Multi million dollar corp trying to protect integrity of their test vs. 16 year old kid.
We visited the room in which our son took the test and took photos based on the seating chart that showed the location of my son, the test subject and the proctor. Showed POV of my son and the proctor. We waited to present these photos until arbitration and ACT had no response to them.
In our case ACT did not add any further arguments or reference cases in forming their case for arbitration. What we saw before arbitration is what they presented in their argument to the arbitrator.
Once you present your case and ACT presents their case both sides have the opportunity to respond to the others case. Be prepared for ACT to send a huge binder with numerous exhibits. We needed more time to review to we asked arbitrator for more time and it was granted.
Throughout the whole process we had our son sign all documented with “Minor” being written next to his name.
We tried to amend the submission agreement at one point with a couple changes regarding having the ability to talk about the case and it was rejected. We made it clear that we were signing the original agreement under duress. (This is why I believe I have a chance to legally go into detail about our experience).
They sent us the $200 cost for arbitration reimbursement check in the mail following the arbitrators decision in our favor.
Hope this helps.
@Gditty thank you for sharing. It’s very encouraging to hear a success story! I hope and pray we have the same outcome!
@ktrrights I was wondering how you got the information regarding ACT not reviewing first time test takers?
In hindsight we should have responded differently to the original letter from ACT. Instead of telling our story about lack of rest/prep we should have made the argument that our son didn’t give effort, rebelled against parents demand to take the test, or ran out of time and guessed on answers. One of the things our son learned in test prep after the first test was to answer the questions you know first then go back and work on the ones you don’t know. Using this strategy you get the options down to 2 giving a 50% chance to answer correctly and guess…as opposed to running out of time and guessing on the last questions and only having a 25% chance of choosing the correct answer.
The reason I tell you this is ACT has little to no argument if the test taker admits they did not give 100% during the lower test taking exam. Again, this is only my opinion based on how ACT responded to our letters of explanation.
I had 2 recorded conference calls, one with their legal counsel and the second with the head of test security. They told me this. I still have the recordings. Also, to all on this thread I am still very much active and read every response. I will respond asap. Thank you.
Share your story but don’t mention specifics like your state, gender of your student, names etc. Make sense? Win or lose I think everyone should share their story. It does heko
In several cases we recently dealt with, ACT ignored claims that a student “did not try hard” or even “blew off” an initial test administration, thus generating a low baseline score. How did you frame that argument to get their attention, and what did ACT say in response
We argued that we did not prep and lacked sleep(on 1 week mission trip building homes on reservation 12 hours away) and returned the night before the test at 1:30A…had to be awake at 6:30A to make it to the test sight. They argued that adding those reasons together still does not validate a 6 point jump in score. They literally ignored the “did not try”/“Blew off” reason?
I am trying to dig out information from our case and edit to stay within our agreement with ACT.
Below is the Amended agreement I referred to in earlier post that we submitted and ACT rejected. I apologize if this is too much information. Just want to put it out there if it helps even just a little bit.
AMENDED SUBMISSION AGREEMENT
We, the undersigned Parties, hereby agree to submit our dispute to binding arbitration under the auspices of the American Arbitration Association (AAA) in accordance with their Consumer Due Process Protocol. The issue in dispute is:
Whether ACT acted reasonably and in good faith in deciding to cancel “Students Name” September 2016 ACT Assessment scores.
The dispute is submitted under the terms of the ACT’s agreement with examinees, which states that, for Individual Score Reviews, the final and exclusive remedy available to examinees to appeal or otherwise challenge a decision by ACT to cancel their test scores is binding arbitration through written submissions to the AAA.
We, the undersigned Parties, further agree to abide by the following:
- At the time the ACT entered into the agreement with the examinee, the examinee was a minor. Both parties agree that the contractual obligations of either side shall be resolved according to 'State" Law related to contracts entered into with Minors.
- The dispute shall be fully and finally resolved exclusively through written submissions to the AAA (unless the arbitrator decides that a hearing is necessary). To the extent permitted by the applicable AAA Rules, the arbitrator’s decision shall be maintained as confidential and shall not be published by AAA, regardless of whether the names of parties or witnesses have been removed or redacted.
- The AAA will select the arbitrator who will preside in the case.
- AAA deadlines shall be honored by ACT and the examinee. Any request for an extension of a deadline will be granted by the AAA only when the request is received prior to the expiration of the deadline and when unusual circumstances have been shown by the party requesting the extension. The AAA’s decision on any request shall be binding. Any submission postmarked later than the AAA deadline will not be considered by the arbitrator.
- The examinee shall pay to the AAA a $200 filing fee within fourteen days of the date of AAA’s initial correspondence to the parties. After the examinee makes the required payment within the required timeframe, ACT shall pay the AAA $1,700 filing fee and the $750 deposit for the arbitrator fees for a desk arbitration. If the examinee does not pay the AAA the $200 filing fee within fourteen days of the date of AAA’s initial correspondence to the parties, the examinee consents to the cancellation of his September 2016 ACT Assessment Scores, consents to ACT sending notice to official score recipients of the cancellation, and releases ACT from any and all claims arising from this score review. Except as otherwise provided herein, the Parties shall pay their own expenses, fees, and costs, including attorneys fees.
- The examinee represents that his contact information below is correct and agrees to immediately notify all parties of any change to it. The examinee also agrees that official notices from ACT and AAA may be delivered through email, U.S. Mail, or common carrier to the addresses below.
- Both parties agree to be bound by the reciprocal discovery laws for the State of "*****. As such, both sides agree to comply with reasonable discovery requests from the other side. Whether a discovery request is reasonable shall be determined by the Arbitrator.
- By agreeing to binding arbitration on the issue of whether the ACT acted reasonable and in good faith in cancelling the examinees’ test score, the examinee in no way waives any claim for the negligent infliction of emotional distress or any other tort claim actionable under the laws of the State of *********. We further agree that we shall observe this Agreement faithfully, that we shall abide by any decision rendered by the arbitrator.
Wow. I’m a test prep tutor and I work with kids who have huge score increases all the time. I’m working with a kid right now who got 15 on the PreACT in the English section and is now up to 28. I worked with another kid who went from 18 to 35. It is not unusual at all for intelligent and hardworking kids to have big score jumps, especially when they have a tutor to help them prep.
I wonder how many tests ACT actually flags? Everyone on this thread knows of at least one person. I’m sure there are thousands more who are affected by this. This seems almost like a case of ACT using scare tactics on a few unlucky people in order to spread the message that they won’t tolerate cheating.