i still think this could be considered cheating to SOME extent. if the students knew the professor was using a particular test and only studied the contents of that test without learning anything from the course, i would still consider that academic dishonesty on a personal level.
that said, i don't think "cheating" in this manner is necessarily something that can be punished (considering the arguments in this article.
that said, i don't think "cheating" in this manner is necessarily something that can be punished (considering the arguments in this article.