Used phone on break during NCLEX test,

by alex5825 alex5825 (New) New

Hello I'm wondering if anyone can help me, I can't be the only one with this problem. I took my NCLEX Sept. 6, 2013 for the Florida board of nursing. My test went to 220 questions and was taking apt longer than I anticipated, on my break I opened the locker and used my cell phone to call work and let them know I'd be late, from that moment my life has been a living hell. The lady working at the test center actually saw me open and use my phone and didn't saw a word until I was finished, anyway no one answered at work and as soon as she said Somethibg it hit me as to what I had done, I took screen shots of my phone to show the calls as 2 and 3 seconds each, after the lady called my job for me from the phones at the testing center and again no one answered. She knows I didn't speak to anyone but told me she had to do a report and she put thT I was very cooperative with everything they asked.

Here's where the problem starts, the incident was sent from Pearson to the NCSBN and they not only suspended my test score but they reported the incident to the FBON. The NCSBN gave me 2 options, to appeal or accept it. My friend who is a nurse and an attorney told me I have to appeal, if I don't they'll think I was cheating. I sent my appeal last week with printed out pictures of my phone screen showing the calls, my AT&T phone bills which also list the calls and the length of the calls, and finally I wrote a letter sayibg that the lady didn't hear me speak to anyone and that I was cooperative and she signed it. I'm currently waiting for appeal to be heard. Either way if I win or lose I still have to go before the FBON and pray to god thT they even let me sit for the boards again, it's up to them. I can't be the only person this has ever happened to. Can anyone help me with their stories and what happened. This is ruiningBueno mama I'm going to sleep, I'm glad you got ride of the headache. Dinner Friday. Maria thanks for all your help, and inspiration. And your friendship I REALLY appreciate it. Te quiero mucho. THANKS!!!!! my life, I'm gonna lose minimum 6-9 months, about 10-12 grand in Lpn to Rn salary diff I would've made and I might even lose my job because the hospital is phasing out LPN's. Please somebody help me with advice and stories. I know this is long but it's really important. Thanks for reading...

Esme12, ASN, BSN, RN

Specializes in Critical Care, ED, Cath lab, CTPAC,Trauma. Has 42 years experience. 4 Articles; 20,908 Posts

Welcome to AN! The largest online nursing community!

I am so sorry this is happening to must be very stressful. As per the Terms of Service...we cannot offer legal advice. I think you should NOT go in front of the appeals board without some sort of legal representation. Unfortunately, you have committed a cardinal sin.

As per the NCLEX accessed your device during the exam time...which includes breaks...and you opened the sealed envelope they placed it in.....which clearly indicates that you may NOT use your phone. It was probably a mistake to schedule your exam on a work day...I would think you would also need to provide your work schedule to the board verified with your employer.

Personal Items

  • All personal items must be stored in your locker
  • Pearson Professional Centers are not responsible for lost, stolen or misplaced items

The following personal items may not be accessed* at all during your examination appointment (including breaks):

  • Any educational, test preparation or study materials
  • No_Cell_phones.jpg Cell/mobile/smart phones, pagers, cameras or other electronic devices and weapons of any kind.

Beginning March 2013, candidates will be required to store electronic devices (cell/mobile/smart phones, tablets, pagers or other electronic devices) in sealable, plastic bags provided by Pearson VUE at the test centers. Candidates who refuse to store their electronic devices in the Pearson VUE provided plastic bag upon check-in will not be allowed to test.

Failure to abide by these rules can not only lead to failure of your boards but criminal charges....
Grounds for Dismissal or Cancellation of Results

It is important to note that NCSBN may cancel or withhold your results if there is basis to question the validity of the results for any reason, notwithstanding the lack of any evidence of your personal involvement in irregular activities and/or for your failure to adhere to the Confidentiality Agreement.

Evidence of invalid results may include, but is not limited to the following:

  • Unusual response patterns
  • Unusual score increases from one exam to another
  • Observed irregular behavior or misconduct
  • An apparent discrepancy in, or falsification of, a test taker's identification
  • Failure to obey exam administration rules

In the event that your examination result is withheld and/or cancelled, your examination fee will not be refunded and the National Council of State Board of Nursing (NCSBN) and your licensing board may take other action, up to and including license revocation and criminal prosecution.

As nurses it is imperative that we follow instructions/rules to the letter for in practice not doing a procedure correctly, or giving a med correctly, can cost someone their life.

I am so sorry you are going through this....I'm sending positive vibes, and prayers, that they at least will let you re-test!

Check out this thread .......



4 Posts

ThNks for your in put, I did also include a copy of my work schedule. What bothered he is that they have it all on video with audio, they know there was no attempt to cheat. As for what you said about legal representation at the appeals I can't. The appeals with the NCSBN is just my written response to what happened and any proof I can send with it to back my claim. I'm in Florida and they're in Chicago. As for an attorney I might have one with me when I go before the FBON which I have to do even if I win the appeal. I'm not even over exaggerating this is literally RUINING my life....


Penelope_Pitstop, BSN, RN

Specializes in Medsurg/ICU, Mental Health, Home Health. Has 16 years experience. 2,365 Posts

HBueno mama I'm going to sleep, I'm glad you got ride of the headache. Dinner Friday. Maria thanks for all your help, and inspiration. And your friendship I REALLY appreciate it. Te quiero mucho. THANKS!!!!!


Anyway, this does stink...but you clearly did not follow the rules. They are plain as day.

I can feel your pain and frustration but I don't have any advice for you. Sorry...

Esme12, ASN, BSN, RN

Specializes in Critical Care, ED, Cath lab, CTPAC,Trauma. Has 42 years experience. 4 Articles; 20,908 Posts

I know it is....((HUGS)) Lord I wish I could change it for you. It won't be that you attempted to will be that you broke the rules. Clear precise rules. Nurses are all about the they have NO sense of humor. I am sure there is someone here that has experienced this....hopefully they can give you moral support.

A word of advice....if/when you go infront of the FL not do so without a lawyer.....those nurses, on the board, are NOT your friend.

((HUGS)) I am sending good vibes your way!!!!



180 Posts

So sorry all of this is happening too you!! Hopefully they will forgive and let you retake the test, I'm praying for you, please keep us updated



Has 8+ years experience. 650 Posts

I do think its kind of horrible of the lady not to at least remind you that you shouldn't touch your phone. Though I don't know if they are allowed to even talk to you?



322 Posts

Praying everything works out for you.



106 Posts

Omg.... How could that happen???? Ur phone off, sealed.... How could you forget what you read on the list of rules and what the lady explained before testing????? What happend to you?i am very sorry you are dealing with that , that's worst than failing.:((((( be strong

Ooops, bad choice... tough consequences.

For sure, don't engage with the BON without the guidance of an attorney... the BON is your adversary, not your advocate.



1 Post

Any good news?


4 Articles; 10,428 Posts

Any good news? dragged up a thread that's a year old, and the person who posted it hasn't been back since, so...I think it's pretty clearly a 'no'.