Assemb. Charles Lavine seeks answers in wake of medical incident at Hofstra University during bar exam

The Long Island-based chairman of the Assembly’s Judiciary Committee is asking the State Board of Law Examiners to outline any changes to their emergency procedures in advance of the upcoming bar exam at Hofstra University following an incident in July when a test-taker went into cardiac arrest but the test was not halted.

In a Feb. 3 letter to Jessica McClung, the board’s executive director, Assemb. Charles Lavine (D-Glen Cove) detailed a host of unanswered questions about emergency preparedness protocols and whether "meaningful corrective action" has been taken following last year's incident.

Hofstra is the lone Long Island location administering the bar on Feb. 25 and 26.

Protocols questioned

"New York administers the largest bar examination in the nation and candidates are entitled to expect that their safety will be protected through clear, consistent and well-defined emergency procedures," Lavine wrote. "Transparency regarding both the results of BOLE’s review and any steps taken since July is essential to maintaining confidence in the examination process."

The board has yet to respond to Lavine’s letter, while McClung did not respond to requests for comment from Newsday.

A Hofstra spokeswoman did not immediately respond to questions about whether it has received new instructions on how to respond to medical emergencies.

The test-taker suffered a medical emergency at Hofstra’s David S. Mack Sports and Exhibition Complex about six minutes before the 12:30 p.m. lunch break on July 30, the second day of the two-day exam.

In a Sept. 15 response to a previous letter from Lavine, Carmen Beauchamp Ciparick, senior associate judge of the State Court of Appeals and chair of the Board of Law Examiners, said surveillance footage shows that staff responded "timely and appropriately" to the incident.

A minute-by-minute timeline of the incident, Beauchamp Ciparick said, indicates that university security responded within two-and-a-half minutes of the test-taker slumping over at her desk and just three-and-a-half minutes before the collection of test booklets before lunch.

Public safety officials administered chest compressions and applied an automated external defibrillator, used to revive individuals from cardiac arrest, before she was taken by ambulance to Nassau University Medical Center, officials said last year.

The board rents space for the exam and Hofstra was not involved in the decision to keep going with the test, officials said.

The decision to not halt the exam was fiercely criticized by some students who were in the room when the victim collapsed — many of whom took to social media to complain that proctors scolded them when they pleaded for them to send assistance.

Board defends decision not to halt exam

In her letter to Lavine, Beauchamp Ciparick defended not halting the exam as "a medical event involving one examinee in proximity to the end of the testing session is not ordinarily the type of situation that disrupts the entire room of hundreds of test-takers."

John McClary, the board's former executive director, told Newsday last year that "the test has never been halted for a medical incident" during his 20 year tenure with the board.

Beauchamp Ciparick said while there was "no deviation" from the board’s emergency response plan, the organization had "begun a comprehensive review of emergency procedures and will make changes as necessary."

But Lavine, in his letter last week, said the board has yet to provide the results of that review, nor has it answered questions about the framework of its emergency response plan, including whether it will require on-site medical personnel during exams; if AED devices will be mandated in the room; and if proctors will be trained in their usage.

The assemblyman is also seeking answers about whether test-takers seated near the victim were adversely affected by the incident and what remedies were offered to those students.

The board said New York's overall passage rate of the July bar exam was 69%, an increase of 3% from one year earlier. It's unclear what the passage rate was for Hofstra test-takers.

State Assemb. Rodneyse Bichotte Hermelyn, a Brooklyn Democrat, last year introduced the "Clock Should Stop Act," which provides "accommodations" for test-takers affected by medical emergencies during the bar. The bill, which was referred to the Judiciary Committee, would also permit proctors to use cellphones during emergencies and then force an immediate pause of the exam.

The test-taker, who has not responded to requests for an interview, recovered after receiving a defibrillator implant, she announced on a GoFundMe page organized to help cover her medical bills.

By Robert Brodsky

robert.brodsky@newsday.com@BrodskyRobert

Robert Brodsky is a breaking news reporter who has worked at Newsday since 2011. He is a Queens College and American University alum.