Court awards damages to NCEES in exam theft case

The U.S. District Court in Puerto Rico has ruled in favor of NCEES in a civil suit involving damages exceeding $1 million. The judgment resulted from the case of a civil engineering licensure candidate who was found with recording and transmitting equipment during the October 2006 administration of the Principles and Practice of Engineering exam in the city of Mayaguez.

The candidate, Bethzaida Cameron Ortiz, was discovered during the afternoon session of the administration after a proctor noticed her unusual behavior. The chief proctor at the exam site confronted Cameron, 44, and discovered that the defendant was concealing a host of recording and transmitting devices within her jacket and handbag, including a wireless audio/video transmitter, a small video camera, a receiver, a pocket video recorder, a device used to connect video cameras to a television or computer, and battery packs.

Working with materials provided by law enforcement, NCEES determined that Cameron had recorded the Civil PE exam and established that Cameron had performed a similar operation with the FE exam, which records show she attempted in October 2005 at the same location. As a result of these exam breaches, NCEES had to remove all compromised material from its exam item banks, resulting in the damages awarded in the civil suit. In estimating damages, NCEES takes into account the time, travel, and work hours required of NCEES staff, psychometric consultants, and subject-matter experts who are involved with the development and review of exam content.

“Like any organization that develops standardized tests, NCEES’s most valuable asset is its intellectual property. When someone steals exam content, the effects are the same for us as they would be for a retail store that has its assets stolen,” said NCEES Executive Director Jerry T. Carter.

NCEES develops and enforces stringent policies to protect exam content, including limiting the materials candidates are allowed to bring to the exam site. Before attempting an NCEES exam, each candidate is required to sign a statement affirming that he or she will not copy or reveal any exam material.

Prior to the judgment in the civil suit, Cameron had been convicted of fraud in criminal court as a result of the incident. She is prohibited from attempting any NCEES exam in the future.

“The fact that we are a nonprofit that assists licensing boards means that this event in some way has affected everyone in the engineering and surveying professions and, ultimately, the public,” said Carter. “We are pleased that this judgment was reached and we are confident this will serve as a deterrent for anyone who might consider stealing exam content in the future.”

Contact: Bob Whorton, P.E., Manager of Compliance and Security