AI Cheating vs. Plagiarism
| | Student Rights
Plagiarism has probably been around as long as written language. At its heart, the concept of plagiarism is quite similar to AI cheating. They both involve acts of passing off someone else’s work as your own. They also both point toward a lack of integrity and a paucity of intellectual diligence that would be counted as serious defects in a student’s character.
Despite their similarities, however, AI cheating differs from plagiarism in significant ways. Since many school codes of conduct were written with plagiarism in mind, differences in wording can have a serious impact on disciplinary proceedings when a student is accused of AI cheating. A student defense lawyer with an astute understanding of legal strategies to defeat allegations of AI cheating can leverage these differences to protect the reputations and future prospects of students facing such allegations, which are becoming increasingly common.
Understanding Traditional Plagiarism
The word “plagiarism” comes from two ancient terms: a Greek word that roughly translates as “treacherous” or “crooked,” and a Latin word that can refer to someone who plunders, kidnaps, or seduces another. Some of the earliest known allegations of plagiarism date to the first century BCE when the Roman poet Martial accused another poet of copying works without giving him credit.
However, during later periods in history, plagiarism was an accepted method of preserving information. Words were copied to transmit and honor knowledge. Originality was not viewed as essential or even admirable. The original source might be cited to add credibility, but omitting attribution was not considered a failing, and there was generally no moral wrongdoing in copying another’s words and thoughts. In fact, imitation and copying were considered a sign of respect.
This began to change as the printing press became more common, literacy rates increased, and those who produced written works wanted to profit from their labors. Many people credit dramatist Ben Jonson with introducing the word “plagiary” into the English language as a reference to literary theft. By the early 1700s, the first copyright laws were enacted to protect the value of the intellectual work behind the words. Using others’ words was viewed as theft with an identifiable victim.
Perhaps inspired by the legal definition of copyright infringement, today plagiarism is generally defined as using someone’s words, theories, or findings as if they were your own, without acknowledging their source. While many people think plagiarism only occurs when they copy another person’s text word for word, many college codes of conduct take a broader approach to defining this offense.
For instance, the Boston University Academic Conduct Code defines plagiarism as “Representing the work or ideas of another as one’s own and/or using another’s work or ideas without appropriately crediting the source.” The code specifies that a violation of plagiarism rules can consist of an act of commission or omission. The former would occur if a student presented the words or ideas of another as their own, while the latter would occur if a student failed to credit the source of the words or ideas used.
AI Cheating Lacks a Standard Definition
Artificial intelligence systems perform tasks that have traditionally been accomplished through human thought processes. Generative AI can create lengthy texts based on a few prompts. But AI can be used as a tool to supplement human efforts rather than to replace them. Many professors and teachers encourage the use of AI tools such as grammar checkers because these programs can act as a tutor, pointing out areas where writing is unclear or otherwise needs improvement and offering suggestions.
At some point, however, the use of AI in academic assignments crosses the line and violates institutional policies or the rules set by a particular instructor. The problem is that the line is hard to understand and can move without warning. When a student uses an AI program to generate text, that text is based on a predictive algorithm rather than copied directly from another person’s previously produced work. In that sense, it differs from traditional plagiarism, yet most people would consider it to be cheating on par with plagiarism. It is presenting work produced by another as if you’d created it yourself. There is no human victim, unlike plagiarism, but it is still considered a violation of academic integrity. Some schools, including Boston University, have added AI to their definitions of plagiarism, specifying that representing the work of “another” includes work produced by computer software or programs.
Plagiarism Detection is Far More Accurate
Verbatim plagiarism can be detected and proven relatively easily. Computer programs can quickly review text from a wide range of sources and highlight matches. Plagiarism of ideas, research, and “work” in general is not as easy to detect and can be much more challenging to prove. If an idea is similar but not precisely the same, is presenting it without attribution considered an act of plagiarism? But these uncertainties can pale in comparison with the vagaries present in AI cheating cases.
AI detection software is notoriously unreliable. Because it looks for patterns that students frequently use when generating their own written material, AI detection programs often falsely report that content was produced by AI when it was actually the product of the student’s own thought process. This is particularly true for students who learned English as a second language or those with neurodivergent thought processes. Even students who are subconsciously copying the style of particular academic fields will frequently use patterns that cause AI detection programs to “report” that the student’s work was created with the use of AI.
In addition to these problems, there are gray areas where the use of AI is permitted for some uses but not others. An instructor may allow students to use AI to assist with organizing ideas, and that flow could cause the final result to read as if it had been produced entirely by AI. In that case, accusations of cheating would be inappropriate. On the other hand, if a student copies text from the outline, even subconsciously, that could be a violation of school policy, but one that may be excusable depending on the instructor’s specific rules.
Any Accusations of Cheating Deserve a Vigorous Defense
Whether accusations involve AI cheating or other forms of misconduct, it is important for students and their families to take the issue seriously and engage in a robust defense strategy. Being branded as a cheat is a label that can haunt you far into the future. It can prevent you from pursuing academic and career goals and obtaining certifications. It makes people look at you differently. It is wise to appeal any findings of academic dishonesty as soon as possible to minimize the potential damage.
At Nesenoff & Miltenberg, we have been defending the rights and reputations of students for decades in schools all throughout the U.S. We understand the issues associated with AI cheating in ways other law firms simply cannot match. If you or a student in your family is facing accusations of academic misconduct, we invite you to schedule a confidential consultation to learn about the assistance our team can provide.