Consumer Law, Warranties Refusal to release exam scores

[Jaya123]

Jurisdiction

Missouri

Hello,
I paid out of my pocket $1,140 as exam fees to the American Board of Orthodontics (ABO) to take their written exam held in April, 15th this year. Last week I received an email from the ABO that I have passed the exam. Then I contacted them and asked for my exam scores. They responded that "Unfortunately, we will not be able to provide you with the specifics of your personal written examination results as requested. Specific examination results are only provided directly to examinees that did not pass the written examination. We do not provide this detailed information to examinees who successfully pass the examination. On the ABO application, the examinees sign a release which allows us to provide the program directors with their student's exact scores. These exam specifics are provided to the program directors in an effort to help them evaluate the strengths and weaknesses of their curriculum. It is up to the discretion of the program directors if they want to share this information with their students."

The questions I have are;
1. I paid the same exam fee as those who failed the exam. Therefore, don't I have the same right to know the scores I received for the different sections of the exam in order to judge my own strengths and weaknesses?

2. As the authority responsible for administering the examination the ABO should not 'outsource' the decision of releasing scores to program directors who do not have any official function as agents of the ABO (Program directors are the professors or heads of orthodontic departments at different dental schools). Don't this leads to unfairness as depending on the program director, some candidates will get detailed scores on how they performed on different sections of the exam while others who paid the same exam fee does not have access to these scores?

3. If "These exam specifics are provided to the program directors in an effort to help them evaluate the strengths and weaknesses of their curriculum" the aggregate scores of applicants from that program or anonymized individual scores should have been released. Is the ABO breaking any law by providing examinee's names with their scores to the program director?

4. I couldn't remember if I gave the ABO permission to release my course to the program director as the applicant agreement (which I signed online while registering for this exam) was a lengthy document. Only after I requested the release of my scores (on 5/20/2016) did the ABO provided a copy of this agreement and one of the clauses of this 3 page document sated that "I agree that the Board may inform the director of the program in which I took my advanced specialty training in orthodontics as to my performance on any or all of the Board's examinations taken by me at any time". Don't you think this clause is unfair as anyone who does not agree to all the clauses in the applicant's agreement is NOT allowed to take the ABO exam? Shouldn't the ABO present this specific release to the applicant as a separate optional form instead of being bundled inside a length 3 page document, that mainly dealt with cheating during the exam? Can I challenge the legality of this clause?

5. After further reading this document, I realized that there was no mention about scores being released only to the candidates who failed the exam. Shouldn't the ABO specifically mention in this agreement that those who PASS the exam will NOT get their specific scores?

6. What legal options are available for me to force the ABO to release my scores?

I will greatly appreciate any advice on the above questions.


Thank You.

 

[adjusterjack]

I paid the same exam fee as those who failed the exam. Therefore, don't I have the same right to know the scores I received for the different sections of the exam in order to judge my own strengths and weaknesses?

No.

Your "contract" says you don't get scores. That's what you agreed to.

That's the answer to all your questions.

 

[Michael Wechsler]

Sadly, I have to agree with @adjusterjack - the words are very clear. If it makes you feel any better, I didn't get my bar exam scores.

True story - I was seated in the worst place imaginable for the New York State Bar Exam at the Jacob Javits Center. I wasn't moved, in spite of my complaint. 15 minutes remaining in the first half of the exam I was startled by the loudspeaker announcing the remaining time - and I filled in all my answers in the wrong answer slot after losing my concentration. I was beyond nervous and called everyone to "preserve" my appeal as soon as possible during the lunch break. I continued at another seat which was assigned (finally) and also took the New Jersey bar exam the next day. I then spent the next several months wondering whether I would be The One who didn't pass the exam.

The scores were published online for the first or second time as well as in the New York Law Journal. I was up through the night and finally, after hours of trying and failing, the page loaded and I searched for my name. I found it and thought "Wow!!! Someone else with the exact same name passed the bar!" About 5 seconds later, I realized what an absurd thought this was (since my name is not Bob Smith) and was thrilled that I passed the harder of the two bar exams (New Jersey was like a cakewalk.)

The moral of the story. I honestly never cared what my score was ever again. Unless there is some real bona-fide reason why you need to know (such as some award attached to it), you should consider whether you want to press the issue among your future colleagues.

Congratulations and best of luck in the medical profession.