What to Expect if You’ve Been Accused of AI Cheating: the Anatomy of an Academic Integrity Hearing
When it comes to accusations of AI cheating, sometimes professors take it upon themselves to act as judge, jury, and executioner without giving students the opportunity for defense, but even so, it is important to enforce your rights, insist that proper procedures be followed, and understand how to succeed in an academic hearing. The consequences of an unrefuted accusation of AI cheating can be far greater than you might expect.
Having a finding of academic dishonesty on your record can result in being turned down for academic opportunities on campus and in future endeavors. In these days when accusations can circulate online indefinitely, being labeled a cheater can make employers unwilling to trust you and even interfere with personal relationships. You owe it to yourself to do all you can to fight the allegations successfully, and to do that you need to know how to take the best advantage of the opportunities provided in an academic hearing.
What Happens After a Student is Accused of AI Cheating?
When an academic integrity violation is handled through official administrative channels, the process often includes the following steps:
- An individual instructor or other school representative identifies work suspected of including unauthorized AI content
- The institution provides notice of the suspected violation to the student
- An investigation may be conducted at the school
- The student is instructed to either answer accusations in writing or answer in a meeting
- The institution may hold a formal hearing on the accusation
- The institution issues a decision and penalties if the student is found responsible for a violation
- The student may have the right to appeal the finding
Every academic institution creates its own definitions of academic integrity violations and establishes its own procedures for handling various types of accusations (except in the case of Title IX accusations where federal law establishes certain ground rules) It is important to review the school’s code of conduct and academic disciplinary procedures as soon as an accusation arises.
Not every situation will follow formal procedures. Many times, professors and teachers simply assign a failing grade for an assignment when they suspect AI use, jumping straight from accusation to penalty. Students who have been wrongfully accused should be prepared to defend their academic integrity in such situations and to speak with the school to request that appropriate procedures be followed.
What Evidence Do Schools Frequently Use to Accuse Students of AI Cheating?
Often, accusations arise solely because an assignment was flagged by AI detection software, which can produce flawed results. Other evidence that may be used includes:
- Comparisons with previous assignments and writing samples
- Unusual phrasing or vocabulary
- Similarities in writing style between the assignment and AI-generated text
- Factual hallucinations similar to those produced by AI
- Statements made by the student or others
Schools should rely on more than one factor before conclusively determining that a student has violated school rules by using AI in an unauthorized way, but many times they make a decision based on a single piece of evidence, which can provide grounds for a challenge.
Students accused of AI cheating need to gather their own evidence to refute the allegations, including notes, research, search history, outlines, draft versions, and other tools used in preparing the assignment.
What Happens During an Academic Integrity Hearing?
Schools are free to structure hearings in essentially any way they choose, but in the decades that we’ve been defending students, we’ve seen that they tend to follow a similar pattern:
- The proceeding opens with an explanation of the allegation against the student and the school policy that is supposed to have been violated
- The school presents evidence to support the accusation
- The student usually has an opportunity to explain or challenge the evidence. This opportunity may only be in writing. Sometimes, an attorney can advocate on behalf of the student or ask questions of the institution. Other times, the student must speak on their own, but an experienced attorney can help prepare for the process so they can make the best use of available defense opportunities.
- The institution may ask the student questions about the process of preparing the assignment, the sources used, or any ways in which AI may have been used, such as to organize an outline.
- The student may be permitted to introduce evidence to refute the accusations. (Even if the school’s hearing process does not allow for presentation of this evidence, it is still vital to have it prepared because it helps define the defense arguments and it may be admitted during an appeal.)
- The institution will issue a determination about whether the student violated rules and whether penalties should be imposed.
In many situations, students have a due process right to be informed of the accusations against them in advance of the hearing so that they have time to prepare. Even if the process is not formal, it is a good idea to ask the party who informed you of the accusations to get the accusations in writing and for them to inform you about the specific school rule you are alleged to have violated.
FAQs About Academic Integrity Hearings Regarding AI Cheating
How can I defend myself if I’ve been accused of cheating with AI?
It is helpful to avoid an emotional response and to approach the issue from a logical defensive position. You need to find out precisely what you’re accused of and how it violates the rule, gather evidence to show why you did not violate the rule, and present your defense evidence arguments logically in the timeframe specified. Steps to take include:
- Preserving search history, research notes, outlines, and drafts
- Avoiding any attempt to delete anything or manufacture evidence
- Obtaining or saving instructions about the assignment
- Reviewing the school rules and analyzing the degree to which your conduct may have violated or complied with rules.
- Being prepared to explain your research and writing process, including any permissible use of AI
- Being prepared to explain the source of any unusual language
- Identifying discrepancies in the evidence and arguments against you
AI software detection is known to be flawed, but your defense needs to be more specific than just a vague objection to detection software. You need to address the issues individually.
What mistakes should I avoid before a hearing?
Students cause problems in academic integrity proceedings by making mistakes such as:
- Trying to delete files or search history
- Answering questions in inconsistent ways
- Posting information about the accusations on social media
- Saying or writing a response that is long and emotional
- Waiting until the last minute to start working on their defense
- Assuming that it is not serious because it’s “just a grade”
A violation of school policy can result in suspension or other serious penalties, so an accusation of a violation requires a serious defensive effort.
Do I need a lawyer if I’ve been accused of AI cheating?
You need a legal approach to defense and the knowledge a student defense attorney can provide. These are attributes you can cultivate in yourself, but they take time that you might not have. Allegations of AI cheating can lead to marks on the disciplinary record that will haunt you far into the future. An experienced attorney may be able to work behind the scenes to negotiate a resolution with minimal long term consequences or assist in exonerating you in a campus hearing or in court. The opportunities are different in every situation.
Find Out How Experienced Legal Guidance Can Protect Your Future if You’re Facing Accusations of AI Cheating
The future is a valuable commodity when you’re a student, and you don’t want to reduce the value of that commodity unnecessarily. To protect your reputation and future prospects, you need a solid approach to defend your academic integrity. The team at Nesenoff & Miltenberg has been providing that type of defense for decades, and we know the most effective evidence and arguments to shut down accusations of AI cheating.
For a confidential consultation to learn more about the help we can provide anywhere in the US, call us at 212-736-4500 or contact us online now.