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Alleged Cheater Loses Suit Challenging ‘Copy Analysis’ of Her Bar Exam

Posted Jan 3, 2012 11:40 AM CDT
By Debra Cassens Weiss

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A would-be lawyer has lost an appeal challenging a decision to toss her 2009 bar exam results for alleged cheating.

Rose Dewitt had claimed she was denied due process when the New York State Board of Law Examiners nullified the results based on a “copy analysis” by a professor who is an expert on test cheating, report the New York Law Journal and Thomson Reuters News & Insight. She claimed she was entitled to the underlying data and the address of another test taker whose multiple-choice test she allegedly tried to copy.

The New York Supreme Court, Appellate Division, Third Department ruled that Dewitt had not preserved the issues for review because she did not raise them at a board hearing.

According to the New York Law Journal, Dewitt practiced law for 14 years in Russia before moving to New York and eventually enrolling in the Benjamin N. Cardozo law school.

John McAlary, executive director of the New York State Board of Law Examiners, told Thomson Reuters that Dewitt's suit is the first against the board by a candidate accused of cheating.

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