What were the instructions about accessing the material over the weekend? About going back on Monday and changing answers or adding material to the Friday part of the exam?
If you violated the instructions for the test, then you cheated. If not, then you have a defense and should assert it to your instructor, the school administration and to the ultimate fact-finding authority. A finding that you cheated reported on your transcript can have long-term and terrible effects on your future options for education and even post-education employment.
Don't indulge yourself with excuses about "they never listen" until you have made your best effort and been unsuccessful.
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No, this venue is completely different; the unfair treatment of a student would not be considered unlawful. You should have some type of student appeal rights at your university, right?
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