When Professors Overstep Their Authority Regarding AI Cheating
In the United States, our founders separated the functions of government so that no single entity would make rules, enforce them, and make judicial determinations about them. We are used to the checks and balances provided by three separate branches of government.
But in college classrooms, professors often run their own totalitarian regimes. They make rules, decide when a student has violated those rules, and impose penalties for the violation. There are no checks in this system, and therefore, there is no balance.
The injustice of this system has come into sharp focus recently due to the explosion of accusations of AI cheating on college campuses nationwide. From a legal perspective, professors often overstep their authority by assuming the role of investigator, prosecutor, judge, and executioner over a student’s academic career. It is important for students accused of AI cheating to understand their rights and how to enforce them when their academic integrity is called into question.
What are the Legal Boundaries?
College professors are right to be concerned about academic integrity. However, their authority to act on their concerns is limited by contractual and legal boundaries. They are bound by the school’s code of conduct, which is often judicially interpreted to establish contractual obligations and protections for students. In addition, the class syllabus is also frequently considered to create a contractual relationship. Professors may be in violation of a student’s rights when they impose requirements and penalties that are left out of the document or not clearly described in the document.
In addition to contractual boundaries, many professors are also bound by due process obligations. These obligations require professors to be notified of allegations against them, to receive an unbiased adjudication of responsibility, and to have the opportunity to appeal an adverse finding. Professors at private universities and colleges that may not be bound by due process requirements may still be found to have violated a student’s rights if their actions are considered arbitrary and capricious.
State statutes and local judicial interpretations can impact a professor’s obligations and the student’s rights. To determine the precise limitations in a particular situation, it is necessary to have a student rights attorney review the specific facts in light of the rulings of the local jurisdiction.
When are Professors Overstepping the Boundaries?
Professors have been known to overstep the boundaries of their legal authority in a wide variety of ways. They sometimes impose severe penalties, such as giving no credit for an assignment turned in when a student has used generally permissible AI tools, such as software to check spelling or grammar.
Some professors hide instructions in online prompts in white text on a white background. When a student copies the instructions or prompt, they unknowingly copy instructions that cause a “red flag” to appear in the answer. The red flag may appear in a student’s answer even if AI was not used.
Professors often exceed their authority by issuing a failing grade or referring a student for expulsion without following appropriate disciplinary channels, thereby denying the student an opportunity to defend against the accusations. Even when a student is given the opportunity to respond to an accusation, professors shift an unconscionable burden of proof onto their shoulders. Instead of the professor proving that a student is “guilty” of an offense, the professor expects the student to prove their own innocence. Proving that a tool was not used is nearly impossible, and it inverts the traditional standards of justice.
Determinations Are Often Based on Faulty “Evidence”
When professors make an accusation of AI cheating, determine that a student is responsible for a violation of rules or policy, and then assess penalties, they often base their determinations entirely on the results produced by AI detection software. Yet studies have shown that these algorithms frequently misidentify content, particularly for students who speak English as a second language, students who write in stylistic language, and students with neurodivergent thought processes.
Accepting the results without corroboration represents an overreach of authority. An impartial evaluation of this suspect evidence should be part of the adjudication process.
The Need to Uphold Student Rights
It is vital for college students to understand their rights, how to enforce them, and what is at stake when they are accused of AI cheating. Even if an accusation involves a single assignment and the penalty affects only that assignment, the consequences can be far-reaching for a student’s life.
To begin with, the student is branded as a cheater in the eyes of the professor and anyone else who learns of the situation. This is not a label that should be meekly accepted because it colors how people will see and treat that student far into the future. Instead of accepting this assessment and penalty, a student should ask the professor to explain—in writing—what they are being accused of and what evidence was used to reach the conclusion.
Students will sometimes feel pressured to let a matter drop or to confess to the misuse of AI, even if they believe they were acting within acceptable guidelines. These actions can be used as evidence against them.
A finding that a student has violated rules by improperly using AI can become part of the student’s permanent record and make it difficult to continue toward academic or career goals. A student defense attorney can work to get a finding reversed or, at the very least, removed from the record.
Nesenoff & Miltenberg Works to Uphold the Due Process and Contractual Rights of Students Accused of AI Cheating
In the academic world, the administrators and professors hold all the power, and students are expected to accept their pronouncements without question. But when professors overstep legal boundaries, the situation becomes unacceptable, and students must take steps to enforce their contractual and due process rights.
The guidance of an experienced student defense attorney is invaluable at this critical time. When a student’s reputation and future opportunities are at risk, the right legal representation can enable a student to advocate effectively on their own behalf in campus proceedings and at any time allegations arise in the future. If necessary, the efforts to protect a student’s future should be pursued in the impartial forum of the courts. The team at Nesenoff & Miltenberg understands how to succeed at all levels, from informal discussions with a professor to appellate proceedings in the highest courts. For a confidential discussion of the assistance we could provide in your situation, contact us today.