It seems the test does assume that the cadet is going to violate the Neutral Zone to save the Kobyashi Maru. It'd be somewhat amusing to have a very officious, cautious cadet (perhaps non-human) who says, "I'm sorry. Under no circumstances will I violate the Neutral Zone," and just decides to move on, the stranded ship and its crew be damned. I wonder which course of action is likely to be more frowned upon in the no-win scenario. Probably none of the captains we see would do that, of course--as Kirk says, risk is part of sitting in the chair. But Data in the early days of his sentience might be fairly "by the rules" in a way that even Saavik couldn't be, sense the natural emotional response is to save people in danger.