Can a School Suspend or Expel a Student for Using AI?
A school’s legal ability to suspend or expel a student for using artificial intelligence depends on how school rules are written and the details of the student’s conduct. Even when the use violates school policies, expulsion or suspension may not be justified.
Here, we explore when a school can discipline a student for using AI, whether an AI detector’s results provide grounds for expulsion, and how students can enforce their rights when facing accusations or penalties.
When Can a School Discipline a Student for AI Use?
The use of AI is not inherently recognized as a violation of academic integrity rules the way that plagiarism or copying test answers would be. While using AI to complete assignments frustrates teachers and may disrupt the learning process, artificial intelligence programs are tools. Using these tools becomes wrong only if it violates a specific rule set by the school or an individual instructor.
Teachers often encourage the use of certain AI tools for very limited tasks such as checking grammar or brainstorming ideas. However, teachers do not usually want students to use AI tools to complete an entire assignment. Between these two extremes is a gray area where students may believe they are permitted to use AI for assistance, while the teacher may view it as a violation of their rules.
It often comes down to how the rules are written and how prohibited conduct is defined. Students who are unsure whether a proposed use of AI is permitted should ask detailed questions and keep copies of the responses they receive. But many times, the issue does not arise until a teacher imposes a penalty for AI use. That penalty may be permissible if rules prohibit the student’s particular use of AI and the penalty falls within the school’s disciplinary guidelines.
Can a School Expel a Student Based on an AI Detector?
Many schools and individual instructors rely on AI detection software such as Turnitin to determine whether a student’s work was generated by AI rather than by the student. Studies have proven this software to be unreliable, particularly for students who speak English as a second language.
The detection programs often wrongly report that content is AI-generated simply because of the style in which it is written. Students who pattern their work after certain professional styles, or who approach writing from a formalized perspective, often produce work that is falsely flagged as AI-generated.
If a school imposes a severe penalty, such as expulsion or suspension, solely on the basis of AI detection software results, that could violate the student’s due process rights. Schools should be required to corroborate the findings with additional evidence. Moreover, students should also be given the opportunity to prove that they created the content by presenting evidence of their own creative process such as prior drafts, search histories, outlines, research notes, or a comparison with other writing samples.
What Rights Does a Student Have in an AI Cheating Investigation?
The precise rights afforded to a student depend on school policies, so review these policies in detail. Generally, students usually have the right to:
- Receive notice of the rule they are accused of violating
- Have the opportunity to respond to accusations
- Point out where policies are unclear
- Have rules enforced according to their terms
- Have rules enforced consistently
- Not be penalized for violating rules that were not communicated beforehand
Schools have been trying to play catch-up with AI rules, and sometimes they apply a rule in the middle of a session that wasn’t in place at the beginning. Other times, schools take broad academic integrity policies and use them as umbrellas to justify penalizing every use of AI they find inappropriate. When a rule isn’t clearly implemented before the alleged violation, a student rights attorney can often argue successfully that the school is not justified in penalizing the violation.
What Should You Do If Accused of Using AI?
If an instructor or school administrator accuses you of using AI, you can protect yourself by:
- Saving previous drafts, research notes, computer search histories, and communications with your instructor
- Asking that the accusation be put into writing with a description of the rule that you are alleged to have violated and the evidence used to determine that you violated that rule
- Write out your own description of how you completed the assignment
- Read and comply with all instructions regarding the disciplinary proceedings
- Consulting a student defense attorney for guidance.
Be careful about anything you say to your instructor or your advisor because your words could be turned against you. By contrast, communications with your attorney are privileged and cannot be used against you in the proceedings or in court.
FAQs About Penalties for AI Use
Can a school suspend a student submitting work generated by ChatGPT?
A school is justified in suspending a student who used ChatGPT to complete an assignment only if:
- The student was working under rules that prohibited the use of generative AI
- The student clearly violated those rules
- The school disciplinary scheme allows the imposition of suspension for that type of rule violation
Can a student appeal an AI-related suspension or expulsion?
The right to appeal is usually provided under school rules, but you must review the rules to determine the grounds for appeal and how the process should be conducted.
Should you hire a lawyer for an AI cheating accusation?
When a student is accused of AI cheating, the defense often involves technical evidence and due process arguments. A student defense attorney familiar with forensic tools that can demonstrate a student’s creative process can be very helpful in clearing the student’s reputation and academic record.
Your Reputation is Worth Protecting
Accusations of AI cheating call your academic integrity into question, and if the accusations are not successfully refuted, your reputation can suffer permanent damage. Notes on your academic record can prevent admission to specialized career programs, cause you to lose scholarships, and even prevent you from obtaining certain licenses or positions in the future. They can cause trust problems that haunt you for years.
You can protect your reputation and your future by mounting a vigorous defense with the help of experienced student defense lawyers at Nesenoff & Miltenberg. We know how to achieve positive outcomes in campus disciplinary proceedings and defend effectively against AI cheating accusations. Schedule a confidential consultation with our team to learn more about the protection we can provide in your situation.