Scanning students’ homes during remote testing is unconstitutional, judge says

An Educause survey found that students who had little choice but to take tests remotely were putting up with privacy invasions. Some schools record students throughout remote tests to make sure they don't cheat, while others conduct room scans when the test starts.

In an apparent privacy win for students everywhere, an Ohio judge has ruled that the practice of scanning rooms is a violation of the Fourth Amendment.

The decision was made after a Cleveland State University student agreed to a room Scan before the chemistry exam even though his teacher had changed their policy. He took the test in his bedroom because there were other people in the house. He claimed that the documents could not be moved before the test because they were visible in the room recording.

Ohio judge J. Philip Calabrese decided yesterday that room scans are unconstitutional.

Cleveland State defended its room scanning practice by saying that it had become commonplace during the Pandemic and was now more acceptable to society.

The university did not see their room scans as unreasonable under the Fourth Amendment. The school believed that the man was not coerced into scanning his room. He could have taken the test in a different room, or he could have taken the test in a different room. No one ever complained about the room scans before, according to the university.

The home has always been considered a core protected space where privacy could be reasonably assumed in the US.

Though schools often use remote technology to peer into houses without objection from some, most, or nearly all students, it does not follow that others might not object to the virtual intrusion into their homes or that the routine use of a practice such as room scans doesn't violate a privacy interest that

The Cleveland State University's counsel will confer with Mr. Ogletree's counsel on the next steps. Ensuring academic integrity is important to our mission. We are unable to discuss this matter further.

Remote scans slippery slope to more illegal searches?

Calabrese made his decision based on what the law said was reasonable.

The judge said the room scans could not be considered a justified privacy invasion because the school had other methods to fight cheating. The right to privacy at home would have to be sacrificed in order for a student who values privacy to remain in school. The loss of benefits from social support programs does not outweigh the loss of privacy to citizens, Calabrese wrote.

Cleveland State didn't provide much evidence that the room scans work to prevent cheating. There is evidence that it doesn't work. The judge suggested that there isn't enough evidence of the effectiveness of room scans because the practice is so new, but it seems likely his decision could shut down the practice at schools nationwide before any study could be conducted to support any future claims from schools.

One of the earliest slippery slope arguments in Supreme Court history came from Calabrese. He wrote that the unconstitutionality of room scans was the most repulsive thing he had ever seen. By silent approaches and slight deviations from legal modes of procedure are how illegitimate and unconstitutional practices get their first footing. Calabrese thinks that universities should not conduct room scans because they may allow illegal searches.

The legal team confirmed to Ars that he is still a student at Cleveland State, but they have no further comment at this time.