The Association of American Medical Colleges filed a lawsuit last month against Princeton Review, Inc., accusing the test-preparation company of copyright infringement, misappropriation of trade secrets and fraud.
The lawsuit stems from Princeton Review’s practice of hiring agents and compensating employees for taking the Medical College Admissions Test and for writing a comprehensive review, which is used in Princeton Review’s MCAT preparation courses.
The AAMC says that such behavior, known as “”tapping,”” injures the security of the test questions and places the validity of the exam at stake.
“”They’ve been stealing our creative work to enhance their bottom line,”” said Robert F. Jones, the association’s vice president for medical schools and services. “”That’s against the law.””
Like most national examinations, some MCAT test questions are reused to assure consistent scoring and difficulty level.
The Princeton Review says that it is necessary to have employees take the exam so that the company can ensure that their program is providing adequate preparation for students.
“”We don’t send our employees in to memorize questions,”” said John S. Katzman, Princeton Review’s founder and chief executive officer. “”We send them in to learn everything we can about the test.””
Katzman conceded that some of his employees who took the test signed a document certifying their intention to apply to medical school and not to memorize questions.
“”We’ve done nothing wrong,”” said Lynda Jutronich, director of the Princeton Review’s San Diego office.
Jutronich explained that she believes Princeton Review did not violate any copyright laws, because the reports that contained test questions were used for internal purposes only.
The suit claims that the distribution of confidential test questions can “”jeopardize the validity of resulting scores; potentially give some examinees an unfair advantage over other examinees, or create the appearance of such an advantage; and undermine the admissions process for U.S. medical schools.””
Jones made clear that at this point, students have not been affected by Princeton Review’s alleged illegal behavior.
“”The lawsuit should have no impact on students,”” Jones said in an April 15 message. “”Because the testing material was obtained during, not prior, to the test administration, its exposure to the test preparation company’s instructors posed no threat to the validity of scores. However, it may affect our plans for reuse of those items.””
While the lawsuit has the potential to impact testing reform across the nation, Princeton Review officials are treating the matter gingerly.
“”We think the MCAT is a pretty good test,”” said Steve Quattrociocchi, executive vice president of the company’s test-preparation division. “”Students taking an important test have the right to understand what is expected of them.””
The lawsuit was filed in a federal court in Washington, D.C., and ultimately seeks an unspecified amount of damages caused by any illegal actions committed by Princeton Review. A hearing date has not yet been set.
The Princeton Review preparation course for the MCAT costs $1,400. The exam is offered on two 9 1/2-hour-long test days each year. Over 57,000 students took the MCAT last year.