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What to Do If You’re Accused of Misusing AI

Not long ago, the greatest fear of some college professors was that their students were copying and plagiarizing content created by others. By engaging in this type of cheating, students were bypassing the educational process entirely. They weren’t learning about issues, developing their own opinions based on research, or formulating their observations into their own work. They were simply copying work others had done for them.

Some professors still use plagiarism checkers. But their concerns now involve using technology not just to copy someone else’s thought processes, but to think independently on behalf of the student. When AI is misused, it can allow students to bypass the educational process in a way that is much harder to detect than plagiarism. But at other times, AI can enhance the educational process. And it’s not always easy to tell whether AI is helping or hindering a student’s development.

There is no doubt, however, that professors and administrators are horrified by the potential misuse of AI and seek to punish students as a deterrent. So if you’ve been accused of misusing AI, it is important to protect your rights and defend yourself strategically to protect your reputation and future goals. An attorney experienced in student defense in campus disciplinary proceedings can provide advice and advocacy, making these tasks much easier and more effective.

Don’t Let Your Anger Get the Upper Hand

Being accused of cheating in any form is distressing. You will be worried about the consequences, but sometimes what is even worse is the knowledge that someone does not trust your integrity. Your reputation is questioned, if not seriously damaged already.

So in this case, it is natural to react with anger. Instead, you need to think strategically. You will need to defend yourself, and to do that effectively, you need to be guided by logic rather than emotion. Working with a knowledgeable attorney provides an advocate who is better insulated from emotions and experienced in creating tactical defense plans to achieve results that matter.

Get the Details on the Accusations Against You

When someone in an official capacity accuses you of wrongdoing and intends to impose consequences, they need to be able to specifically explain the accusations and how those accusations violated specific rules or policies. Accusations that are vague or unfounded can be dismantled logically if you take a reasoned approach.

So, you (or your attorney) need to ask the professor or administrator who informed you of the accusations to describe the behavior that you are accused of engaging in. If the answer is provided orally, ask your professor for consent to record the conversation or take copious notes. But it is better to get an answer in writing if possible. You also need to ask the professor or administrator to inform you of the rule or rules that you are accused of violating.

For instance, are you being accused of using AI to create content, or is the problem that you failed to cite the use of AI? Does your professor believe your conduct violated your school’s code of conduct, or did it contravene the guidelines in the class syllabus?

Finally, you also need to ask about the “evidence” against you. What specifically about your work caused the professor to conclude that you had misused AI in the production process? Did the professor use detection software, and if so, what kind? Did they use other methods to confirm the assessment, and if so, what were those methods?

Gather Your Evidence

One of the most important steps to take when accused of misuse of AI is to gather and preserve all evidence of your work process. Save your browser history and all earlier versions of your work. Look for notes you made, even if they involve ideas that you eventually gave up on. Think about whether any witnesses would be able to corroborate your research efforts. In addition, pull out some other assignments that have been accepted in the past to demonstrate your voice and writing style.

You will also need a copy of the course syllabus and any instructions provided by the professor, as well as the school’s code of conduct in force at the time the work was done. It is also a good idea to review your work so that you are prepared to explain your conclusions if questioned. It may seem hard to believe, but students and professionals who regularly conduct extensive research often mentally set aside the information once they have completed an assignment. That means it is quite possible to forget what you’ve written and why. Obviously, this can damage your credibility if questioned. So, it is wise to ensure that you’re familiar with the material.

Your Defense Arguments

Every situation is different, and if you work with a student defense attorney, your legal advisor can explain the defense strategies that would make the most sense in your situation. But here is a general overview of some defense arguments that may prove effective:

  • Overreliance on AI detection software. Studies have shown this software to be unreliable and prone to producing false positives, particularly for certain students
  • Lack of corroboration. While a computer analysis may provide reason to consider whether content violated AI rules, it should not be the only basis for a conviction
  • Vague policies. It is difficult to prove that someone violated a rule when no one can precisely articulate what the rule prohibited. Many AI policies are so vague that they cannot be enforced logically or legally.
  • Permissible use of AI. Artificial intelligence has become an integral part of search engine results and is, therefore, almost unavoidable. The use of AI in a particular assignment may be a use that is permissible and not prohibited under policies in force at the time of the alleged violation.

Whether a case involves formal proceedings before a disciplinary panel or the professor perfunctorily assigning a failing grade, it is important to act to protect your reputation and future opportunities. Having undisputed allegations of cheating on your record can prevent you from completing your education, participating in graduate programs, and obtaining certain professional positions and certifications.

Get the Guidance and Support You Need to Protect Your Academic Record

When accusations of misusing AI are handled through informal processes at a college or university, the school may not allow an attorney to advocate directly on your behalf. However, a knowledgeable student defense lawyer who understands how to defend academic integrity can help you organize your defense, uncover and report evidence to support your assertions, and advocate more effectively in writing and in verbal presentations.

With so much invested in your education and so much of your future dependent on your reputation for integrity, it is wise to do all you can to defend yourself if you’ve been accused of any academic misconduct, including the misuse of AI. If you’d like to learn more about the assistance our team could provide in your situation, call Nesenoff & Miltenberg at 212-736-4500 or contact us online now.