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Can Instructors fail honest students when tests are too hard, because students (80-90%) is cheating?

I am in Nursing school. I can PROVE that people have cheated (80-90% of students)EVERY semester. They pass test banks around in email, text or Instant Messenger. Every semester I've come forward (5 instructors) nothing major has happened. In 3 semesters of Nursing school the faculty has never condemned nor said a word about using test banks. This semester I tried to warn instructors before the 1st exam, but they didn't listen. Now a few of us simply can't pass the exam because were not cheating. The exams are that hard.

Test banks from previous semesters were being passed down from the semester ahead of us. I looked back at these test banks after the exam and found 21 questions just in ONE chapter. That's when I emailed them the test banks that were being passed around. It's a fine example of how academic dishonesty cheats everyone including the ones being honest.

Every semester Instructor makes the exams harder and harder because "statistically" the instructor data shows Statistically "These are good/not too hard questions". But I have the documents to show WHY people are able to pass. Had I used these test banks I would be passing. Honesty is earning a few of us a 60.00% on each exam.

What can I do? I warned them, they didn't listen? I plan on filing a complaint and a grade grievance. My question is can an instructor fail students being honest? When there is clear proof of compromised exams and Academic dishonesty throughout the class. Is it our fault they can't catch it? Is it our fault they have no idea what a hard question really is? Can instructors really fail people for being honest and choosing not participate?