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You understand what the word "confiscate" means right? How are they going to continue to "communicate", if they do not have it anymore? The agreement requires it be confiscated, and allows for the proctor to dismiss.  You can argue all day long about your opinion, and so can I, but there really is no other way to interpret the agreement other than that having it gave them the "Grounds for" choosing to exercise the option to "dismiss". 
Of course.  I also understand that if the examinee was not dismissed, the exam would be invalidated anyway, so what would be the point?

 
at the very least, I think the situation would be good reminder for  an NCEES newletter article as a reminder to all future examinees.  

I think a 30 second reading aloud of the listed items in the agreement that could get you dismissed would be a no brainer here.  Its a big test, and very stressful for some which makes it easy to not realize you have something with you that you shouldn't.

 
^obviously they didn't read it aloud, so it is back to personal responsibility...if there were really mulitple people that got booted that is enough to merit notice that something was amiss at the testing site and a good anecdotal bit of news.  

 
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Of course.  I also understand that if the examinee was not dismissed, the exam would be invalidated anyway, so what would be the point?
Are you in charge of invalidating exams for NCEES? Because whoever is, would make the decision to invalidate the exam based on their evaluation of the actions that provide the "Grounds for" doing so.  Your employment contract might state that being late for work 5 days in a row is grounds for dimissal.  Does that mean that on day 5, you are fired? Is your boss maybe involved in determining if that action should be taken?

 
Agreement Here: http://ncees.org/wp-content/uploads/2013/10/ExamineeGuide_1-13-16.pdf

On page 27 you find the section "Grounds for Dismissal from the Exam and/or Invalidation of Exam Results"

Note that it is "Ground for" and the critical part, "and/or Invalidation".  The rules do not "require" them to dismiss you for having one of those items; however, they will confiscate it and send it to NCEES if you are found to have it after the exam begins.  So like I said, 7 hours in, I really feel they should have confiscated and sent them to NCEES to determine if those peoples exams should be invalidated.  And I wasn't wearing an actual "hoodie", the hood park was more of a collar, just easier to picture what I was talking about by saying hoodie. 
I think @ductit has a great point here.  If the device was confiscated for further investigation by NCEES and found to be completely benign then no harm no foul.  The test was very nearly over at that point.  I suspct that no one even thought about that as an option.  IMHO the blame was squarely with the examinee, the proctor was just doing his job.  Just like the speeding ticket I got the other day, the officer could've cut me some slack but he didn't.

 
Are you in charge of invalidating exams for NCEES? Because whoever is, would make the decision to invalidate the exam based on their evaluation of the actions that provide the "Grounds for" doing so.  Your employment contract might state that being late for work 5 days in a row is grounds for dimissal.  Does that mean that on day 5, you are fired? Is your boss maybe involved in determining if that action should be taken?
It means that on day 5, if I am fired, I have no argument to make.

 
Yep.  Sounds like an honest mistake to me.  Just a costly one.  I feel for him.


but please don't think we are for/against you in all this @Andrew2288 ...feel free to continue to vent.  We just like to debate and play devils advocate around here.  
Of course not!. By all means, please discuss. The goal of this thread was first and foremost to bring awareness to fitness trackers being on the ban list to future examinees, I wouldn't want what happened to me to happen to anyone else.

I've accepted that the examinee (in this case, me) should bear the burden of failure to comply with exam regulations. Now... I do think that it would be nice for NCEES proctors to remind everyone of the rules; but we are all adults and engineers. We should be able to understand the rules. It's a lesson for me and if I can prevent this from happening to others, at least my infraction wasn't completely futile. 

Another reason why I decided to bring them up was hopefully to find others in the Maryland Exam Center that was dismissed as well. Like I said, based on the amount of Fitbits that were just laying there on the table in clear plastic bags, I estimate 10+ to have been dismissed. Just wanted to see how they were doing.   

 
Audi driver said:
1 minute ago, Audi driver, P.E. said: Of course.  I also understand that if the examinee was not dismissed, the exam would be invalidated anyway, so what would be the point?
Are you in charge of invalidating exams for NCEES? Because whoever is, would make the decision to invalidate the exam based on their evaluation of the actions that provide the "Grounds for" doing so.  Your employment contract might state that being late for work 5 days in a row is grounds for dimissal.  Does that mean that on day 5, you are fired? Is your boss maybe involved in determining if that action should be taken?
If your boss is an inept *******, are you going to give them the opportunity?

Sent from my SM-G920P using Tapatalk

 
It means that on day 5, if I am fired, I have no argument to make.
Correct, "if" you were fired...  But hopefully you wouldn't be since termination is not  "required". 

I'm done though,  this is a rather pointless argument,  the agreement says what it says, and words mean what they mean. 

 
I would have had to make myself a special note. I rarely take my tracker off. I wear it through the scanner at the airport, I wear it to bed, I wear it in the shower...it's just there. They came through the exam when I took it to take a look at our calculators. 

Curiosity has gotten the better of me, @Andrew2288- what kind of Fitbit was it? 

 
I would have had to make myself a special note. I rarely take my tracker off. I wear it through the scanner at the airport,
The same could be said about a cell phone in today's world.  Though one still has to have some cognizance and stray from the norm based on respective conditions of an exam environment such as this.  Just sayin'.

I'm also curious as to the type of Fitbit.

 
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I would have had to make myself a special note. I rarely take my tracker off. I wear it through the scanner at the airport, I wear it to bed, I wear it in the shower...it's just there. They came through the exam when I took it to take a look at our calculators. 

Curiosity has gotten the better of me, @Andrew2288- what kind of Fitbit was it? 
it was a charge HR. 

 
First time poster, although I've been lurking for a few weeks.  Just took my exam on Friday.

So let me start by saying that I felt lucky when I first opened this thread.  I had a fitbit on the entire time, looked at it numerous times and the proctors never said a word to me.  Then I got to the third page and became slightly confused.  Am I understanding it correctly that they can invalidate my exam after the fact, even if they didn't kick me out while I was in the exam?  

 
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