Of course this is irrelevant, as the p<0.01 test gives an up to 62%[0] chance that someone in his class of 96 students could be falsely accused of cheating, and is unethical in itself. Apparently one student managed to be right on the threshold, which the professor has chosen to interpret as "the student possibly cheating" rather than "me possibly ruining my student's academic life for no reason by choosing a test with lots of false positives and applying it to a class of 96 students".
[0] 1-(0.99^96), and though the real chance is probably a lot lower if the questions are obviously wrong, it's still a stupid threshold to choose
It was an interesting grey spot since most professors were all for using old exams to study, but some weren't (I don't think they liked writing new exams every semester, but I wouldn't either). Some would give threats for giving your exams to this university recognized academic club, but they'd black out names upon receiving them so there wouldn't be any proof that it was you (at least easy proof).
It was an interesting case there but most staff were all for it. Making that old data available to future students, but in a more restricted way seemed fine to me, and it absolutely helped me study, but I wonder what others would think of that situation.
And what is definitely cheating is to search for past exams while you have the current exam in hand and start copying down answers.