One of the students suspended in the Stuyvesant High School cheating scandal claims he or she is being falsely accused and was unfairly suspended.

The senior claims he or she received the texts with the test answers from alleged cheater Nayeem Ashan during the physics exam but their phone was off at the time.

When they saw the texts, the student said they texted back, asking Ashan to stop.

Michael Rakower, an attorney for the student, said they asked for a temporary restraining order with respect to his client's test scores but were denied by the judge.

"The problem is, there may come a time when the DOE will look more closely at the so-called evidence against my client and even vindicate my client," Rakower said. "But that time will come too late because my client intends to file early admission to a highly-competitive college. And if there's a black mark on my client's resume, you know where that's gonna go."

Ashan was caught taking pictures of several Regents exams and texting them to more than 70 students.

Most of them were suspended for five days.

City Law said the DOE acted appropriately and they're pleased the court denied the student's request.