If the testbank was publicly available, then there was no cheating. If, on the other hand, some student or group of students misrepresented themselves and got access to a teacher only tool, as has been stated here, then there's no question that they were cheating, and were wrong.
As to whether or not the teacher misrepresented his tests, well, he said he "created" the tests, and he said that he might write a test questions. Creation from a test bank is still creation, and he never said he wrote every single question. Like it or not, a teacher has the right to use any source they choose for tests, and no, it isn't cheating, and it isn't even a double standard. Test are created to assess knowledge of a subject, and there is no standard to which the test creator must hold to, other than to create an appropriate test for the subject matter that has been taught.
Finally, and what really matters, is that the University called it cheating. It doesn't matter what the students think is right, it doesn't even matter that the teacher thought it was cheating. It's the University that gets to make the final decision, and it's the University that gets to expel students for cheating.
If a student really believes that what he or she did was not cheating, take it up with the appropriate department of the University. Argue the point. Show why it wasn't cheating. Anyone who used the methods the University is calling cheating who is not willing to argue the point is tacitly accepting that he or she was cheating.
If the testbank was publicly available, then there was no cheating. If, on the other hand, some student or group of students misrepresented themselves and got access to a teacher only tool, as has been stated here, then there's no question that they were cheating, and were wrong.
As to whether or not the teacher misrepresented his tests, well, he said he "created" the tests, and he said that he might write a test questions. Creation from a test bank is still creation, and he never said he wrote every single question. Like it or not, a teacher has the right to use any source they choose for tests, and no, it isn't cheating, and it isn't even a double standard. Test are created to assess knowledge of a subject, and there is no standard to which the test creator must hold to, other than to create an appropriate test for the subject matter that has been taught.
Finally, and what really matters, is that the University called it cheating. It doesn't matter what the students think is right, it doesn't even matter that the teacher thought it was cheating. It's the University that gets to make the final decision, and it's the University that gets to expel students for cheating.
If a student really believes that what he or she did was not cheating, take it up with the appropriate department of the University. Argue the point. Show why it wasn't cheating. Anyone who used the methods the University is calling cheating who is not willing to argue the point is tacitly accepting that he or she was cheating.