The Ohio Remote Proctoring Room Scan Decision:
Constitutional Issues and How Testing Bodies Can Avoid Legal Entanglements
EVENT RECORDING: https://www.youtube.com/watch?v=WQbuLAA4KpA
February 15, 2023
10:30 – 11:00 CT Networking
11:00 – 12:00 CT Presentation
This virtual session will focus on the Ohio Room Scan decision and the impact of that decision on the credentialing industry.
On August 22, 2022, The United States District Court for the Northern District of Ohio ruled that Cleveland State University violated the Fourth Amendment’s prohibition of unreasonable searches and seizures by having a remote proctor perform a room scan before the administration of an online exam. This decision was widely reported in the media and given the widespread use of room scans during remote proctoring, caused concern with in the regulatory and assessment industries.
This session will focus on the applicability of the fourth amendment, how the amendment was applied to the Ohio case, how/if the decision impacts the credentialing industry, and best practices regarding test security principles and remote proctoring procedures. Participants are encouraged to review brief overview of the decision. The article can be accessed here.
Presenters
Donald A. Balasa, JD, MBA, serves as the CEO and legal counsel of the American Association of Medical Assistants. His areas of legal specialization include not-for-profit governance, professional credentialing and regulation, testing accommodations under the Americans with Disabilities Act, and antitrust principles applicable to certifying and academic accrediting bodies.
Balasa served as chair of the National Commission for Certifying Agencies (NCCA) and as vice chair of the committee to update the Institute for Credential Excellence “ICE 1100:2019—Standard for Assessment-Based Certificate Programs,” which is an American National Standard. He was elected to the board of directors of the Commission on Accreditation of Allied Health Education Programs (CAAHEP) in 2018 and as president of CAAHEP in 2021.
Balasa received both his baccalaureate and law degrees from Northwestern University and his MBA in economics from the University of Chicago. Balasa has taught a course on association management at the DePaul University Graduate School of Business and teaches constitutional law evening courses at Trinity International University.
Rachel R. Watkins Schoenig, J.D., is the CEO of Cornerstone Strategies, a boutique firm dedicated to ensuring a foundation of trust for the assessment industry. Specializing in exam security and privacy services, the firm supports testing programs across the globe. Rachel also has the privilege of serving as Examity’s first chief science officer where she focuses on evolving Examity’s industry-leading approach to online proctoring, with a particular emphasis on enhancing security, privacy and the overall exam experience.
Rachel brings a wealth of experience in international high-stakes testing. In the past decade, she created industry alliances to develop proctor training videos, led development of new data forensics, redesigned the security framework for an international multi-product testing company, developed an industry-leading program to deter impersonation testing, and designed innovative applications for use on personal devices.
Rachel is admitted to practice law in several jurisdictions. Prior to founding Cornerstone, Rachel was the past Head of Test Security for ACT, Inc. where she leveraged her legal, international, and testing experience to improve exam security. Before joining ACT, she led the legal department for Bandag, Incorporated, a publicly traded company engaged in international franchising and manufacturing, and later served as a corporate officer of Bridgestone-Bandag, LLC. She earned her J.D. summa cum laude from Drake University Law School. Rachel is passionate about the assessment industry and the positive impact we can have on individual lives and communities.
Marc Weinstein, Marc J. Weinstein, PLLC and Caveon, LLC, has practiced law since 1998 and advised, counseled, and represented testing organizations in various capacities since 2009. Marc began his legal career in 1998 as an Assistant State Attorney in Miami-Dade County, Florida, where he investigated and prosecuted thousands of criminal cases, and tried more than twenty cases before juries prior to entering private practice in 2002. Through his law practice, Marc J. Weinstein PLLC, Marc provides legal advice, counsel and advocacy for nonprofit member associations and organizations that use assessments to make important decisions about professional certification, licensure, admission to educational institutions, and employee selection and promotion, as well as companies that provide educational technology and assessment services. In addition to his law practice, Marc serves as Chief Privacy Officer and Vice President of Caveon Audit & Response Solutions at Caveon, LLC. Marc is a Certified Information Privacy Professional (CIPP/US) and a Certified Exam Security Professional (CESP) and is admitted to practice law before the Supreme Courts of Pennsylvania (2007) and Florida (1998), as well as numerous United States District Courts and Courts of Appeals. You can learn more about Marc on LinkedIn at https://www.linkedin.com/in/marcjweinstein/
