What really annoys me about this story is he is covering his laziness / inattentiveness to his class of paying people and having "fun" doing mathematical analysis of his class to prove "cheating" instead of spending time creating a test. If he won't even put effort into original tests what effort does he really put into the class? Are all his class lectures equally canned? Would these students be better off with a video lecture series from the publisher and taking an online test? What value and insights is he bringing to the lectures. He sure isn't testing on those insights.
If you're a teacher, it's part of your job to write novel test questions. If you can't be bothered to do that, you can't tell people "this is what I'm going to ask in the exam, but don't read it". This isn't even the minimum amount of effort to keep honest students honest.
As another poster said, studying an entire test bank is studying the material.
What if someone came up to you and said "here's a test bank man, the prof pulls the questions right off it!" Clearly it is unethical to study from these materials. Similarly, if the test bank merely says "STUDENTS: Do not use this to study" then it is also unethical to study from.
In most large businesses knowing how to make pretty graphs that trend upwards infinitely is far more important than anything taught in business school.
No one have any say (if they have, they shouldn't) in what a student chooses to study. The student might choose to study from some cliff notes, class notes, books or test banks.
The professors, at best, can make a suggestion/recommendation which the student is free to ignore, because hell, he is willing to bear the outcome. It's his test scores that are going to be affected.
If the professor recommends a sub-par C book and I prefer K&R, no one can stop me from doing that. Similarly, if the professor suggests "Computer Architecture(Hayes)", and I think the book is a bit tough for me or I am not that interested in studying Computer Architecture, I will go ahead and use cliff notes or solve some test banks. A professor can't shove something down my throat just because he feels otherwise.
I don't really see why the professor is entitled to tell students what to read, or more importantly what not to read.
What if the professor says not to review past exams, because he may use questions from them. You still say it would be okay to use past exams to study? Well this is similar - the test bank says: students, do not use this to study. Obviously the teacher should have made up his own questions, but the students definitely knew better ...
If a professor tells you to not do X and you do X you're very clearly not doing what he says, whether that is 'cheating' who knows. A degree is largely a check mark on a check box for a perfect little life of doing what you're told. Now, if people think that having a degree means X then they are free to do that and will reap the consequences.
Honestly, why should the students bother to come up with original work when the professor can't even be bothered to create original tests? Why is it not 'cheating' for the professor to use another persons test?
Obviously, what's on the test was taught in the class, so why not use an abridged format of the information that makes it unnecessary to learn information not relevant to the course? The test is the subset of the information taught that is relevant to the conferrance of a degree. To know more is to waste your time.
In other words, you should do the bare minimum to get by. Well, everyone's motivation for getting a degree is different, and you are welcome to this opinion. However, if this is also your life philosophy, then I think you may be disappointed.
Now, I personally agree that this instructor was lazy. However, in a perfect world actually every single iteration of a class would use the exact same exam. This ensures that every student who ever takes the class is graded in the same way. However, some students retake the class and share exams, so this is not possible.
It's like if you're a magician and you have an awesome magic show. Why make up a new show for each new audience? If the audience is different each time, then your show is still awesome - even if it doesn't change.
I never studied in college in the US, and I'm horrified that this is the standard. In Israel, we had the previous tests in the library, and the student union created a (for-sale) curated versions, all above board and perfectly condoned. The assumption was that memorizing the entire test-bank, containing hundreds of questions, was harder than actually understanding the material -- but that if you thought that was your best way to pass the test, go ahead and do that.
In fact, some professors explicitly encouraged memorizing proofs for all important theorems by promising that the test will contain at least one or two of them. Of course, usually they followed this by explaining that you're free to come up with your own proof, or memorize key points and manage to interpolate. I would recite proofs in the shower, to myself, every morning.
It would only be cheating if you got the actual test being used ahead of time (or, of course, consulted a confederate or disallowed materials during the test). It would not be cheating, and in fact, tolerated explicitly, to harass the professor by asking questions from test banks that you failed to solve, and getting valuable information that way ("it's not going to be on the exam, don't worry about it").
The professors assumed that anyone who puts that much energy into studying for the test deserved the grades they got.
tl;dr: In Israel, only stealing the tests or breaking rules during test periods was frowned upon: anything else was viewed as "studying really hard."
The students probably messed up big time by not reporting that the test was publicly available first, but I think we're missing some important facts and only seeing one man's edited version of events here.
1) Ask the professor before the exam if it is okay to use the test bank. He will say, of course not! Why do you have it anyway, it's not made available to students - are you trying to cheat?!
2) Astonished that the test bank was the exam verbatim (though I'm sure few students were), students should have told the professor that many students used the test bank, not realizing he would pull the questions directly from it. Of course, no one would do this directly since students aren't supposed to have the test bank in the first place ...
1.5) Also note that the concept of a "test bank" that is supposedly inaccessible to students is not entirely common knowledge. We don't know how easily accessible and/or clearly warned this information was.
2) I already said that the students were wrong not to mention that they'd seen the test.
However, here the instructor has no way of knowing who cheated. He clearly made a mistake, knowing that using a test bank would make it easy to cheat. So, he should either let all the grades stand or he should point out the statistical anomaly and just make everyone take a new exam, which he did. I can't possibly see how students who didn't confess will be found out, especially if the exam was multiple choice!