I was caught having my phone out during a final, but I failed the test so would I still get referred to the dean? So I had my phone on me while taking my final and one of the TAs asked if I did which I admitted to having it; he then just asked me to place it on the desk next to me and leave it there for the rest of the test, which I obliged. Then, once I turned in my final, the TA set my test aside from the rest of the other tests.
After looking at the test solutions that were given after turning the test in, I can confirm that I only got one right.

Do you think that I will be referred to the dean of my school for allegedly cheating as I got caught with having my phone on me during a test (which is obviously prohibited), yet if you look at my test, I still had failed?
Like would my professor feel the need to after seeing that I only got one right?


I was sitting in a way where my phone lay on the seat within the gap between my legs, which is how I always sit. With this I do tend to look down and start to tap the seat through my thigh gap (hopefully it's not to hard to visualize) which may look suspicious. The TA caught me around the last 45 minutes of a 3 hour period. And with my phone resting on the other desk, I still sat the way I did and still did the whole tapping thing, to which I knew he saw because he was within my peripheral sight - probably checking up on me specifically. (if this help paint the scenario better)
Updated after clarification from OP

Your performance on the test will be irrelevant.  If you failed the test while cheating, it would just suggest you didn't do a very good job of cheating, but that hardly negates the action.  

From the way you relate what happened, your actions are indistinguishable from someone cheating.  In fact, I'm very skeptical of your story... you were in an exam and had your phone hidden on your seat between your legs and you just happened to be looking down and tapping.  This is very odd behavior in an exam since you must realize it is indistinguishable from cheating.  Also, it makes the idea that you forgot you had your phone implausible since you had it out and on the seat right where you were looking.

I would certainly expect at least a zero on the exam, and depending on the professor/TA a report to the dean.  You must realize how implausible your story sounds, right?  Your typical exam taking behavior is to take your phone out, hide it on your seat between your legs and look down and tap on it?  No professor is going to buy this story.