In the Android plugin, sourceSets are configured differently from how the Java plugin does it, so you should read the docs at http://tools.android.com/tech-docs/new-build-system/user-guide#TOC-Sourcesets-and-Dependencies
For testing you'll want to do something like this:
android {
sourceSets {
androidTest.setRoot('tests')
}
}
A shortcut would be to do this instead:
android.sourceSets.androidTest.setRoot('tests')
Note that you're supplying a new top-level directory for where the tests go (and the Java classes will be in a directory structure underneath that corresponds to their package path); in your example you're trying to point it at a package already inside src/main/java/path/to/package, which isn't going to work.