Is It Possible to Prove That AI Wrote Something?

It is questionable whether anyone can definitively prove a student used generative AI (GenAI) to write their essay. Proving GenAI use from just one assignment rather than a set of several writing samples is even more questionable. But when it comes to matters of academic integrity, the bar is not as high as in criminal court. The standard of evidence in most academic integrity matters is a preponderance of evidence. To have a preponderance of evidence means it is more likely than not true that you cheated.

So, a school doesn’t need to prove beyond a shadow of a doubt that ChatGPT wrote a student’s paper. They need only show it is more likely than not that the student did not write their own paper.

Your Rights When Accused of Academic Dishonesty

AI-based or not, accusations of academic misconduct or academic integrity violations are highly serious. If accused, you have rights:

• You have the right to defend yourself from cheating accusations.
• You have the right to know the evidence against you and any tools used to make that judgment. This includes whether AI, such as an AI-detection program, was one of these tools.
• You have the right to an attorney. Your school has its own legal team. It is highly advised that any student accused of cheating retain their own.

If you have been accused of using AI to cheat in college, there is a good chance the reason is your instructor using AI to evaluate your work. Apart from potential privacy concerns, this tool is not reliable enough to serve as the basis for so serious a charge as cheating.

Insist on a human-level review. AI detectors are, ironically enough, themselves AI. More importantly, they are not reliable evidence. The notion that AI would be trusted with the values of the university well enough to serve as an adjudicator in academic integrity issues, but the AI allegedly used by a student cannot be trusted with those same values, is certainly an interesting point of discussion.

Finding Support When Accused of Using AI to Cheat

Seek support as early as possible. Retaining legal representation is the best course for most, and possibly more affordable than many assume, but it is not an option for everyone.

Student Advocates on Campus

Campus advocacy groups may offer guidance on available resources. Think outside the box and beyond the universal student support resources. For example, neurodivergent and ESL students might seek campus resources dedicated to those communities. Professors commonly use AI-detection tools. Apart from being unreliable, AI-detectors disproportionately flag false negatives among neurodivergent and ESL students. If campus advocacy groups are not already aware, they may be interested to learn of this well-documented bias.

IT Services or Computer Science Department

Even liberal arts colleges have IT professionals, if not computer sciences and programming faculty. They may be able to offer expertise on GenAI and the reliability of AI-detectors that your professor’s department lacks.

AI-detection software is extremely fallible. That is why more and more schools have stopped using it to adjudicate academic integrity. In New York, Cornell University advises faculty against relying upon AI detectors, for example. And Vanderbilt University has issued guidance on not only the unreliability of AI-detectors, but the harm they cause.

If your professor utilized AI-detection software that is not officially contracted by the university, running your work without consent through an unregulated LLM may constitute a potential FERPA compliance issue.

Higher Education Lawyer

The consequences of a permanent record flagged for academic integrity violations can be lifelong. It is well worth the expense to consult an education attorney before responding to any accusation. Their guidance will be suited to your particular situation. It is far preferable for your attorney to coordinate a strategy before moving forward, rather than focusing on cleaning up past mistakes.

When Legal Help is Crucial in Academic Integrity Cases

Scholarship and Fellowship Recipients

If you are under scholarship, you are under contract. Contract terms likely include your agreement to maintain a certain GPA as well as uphold academic integrity standards. With many scholarships, a student who fails to meet standards may be expected to repay any funds already received.

ROTC

In the case of programs like ROTC, it is even more important to consult professional legal help before any formal accusations are made. Even if a cadet is completely absolved—eventually—the ROTC Disenrollment process can take several months or over a year. An attorney may intervene before the accusation reaches the formal level, and thereby help the student to avoid a potential ROTC suspension, probation, or even disenrollment procedures.

Students with Previous Academic Integrity Issues

For students with past student conduct or academic integrity issues on their record, the situation may be more dire. Even if the process itself proceeds in much the same way, the consequences could be more severe. Experienced legal counsel is highly advised for those righting their own past mistakes—alleged or otherwise—in addition to present allegation(s) of cheating.

Missing Deadlines to Respond or Appeal

Academic integrity violations follow a standardized process. It is crucial to study the student handbook and code of conduct to study this process. Often, events unfold according to a prescribed timeline. For example, a professor notifying a student may trigger the deadline a student has to respond, which may then trigger the timeline the investigation must follow. If the accused student misses a deadline, they may forfeit their opportunity to contest the charge. An attorney may be able to negotiate for more time by identifying extenuating circumstances or identifying some other irregularity the student might have missed.

Allegations of Inappropriate AI Use Need Not Be the End of Your Career

As a student, you are entitled to know what conclusion has been drawn, to receive that charge in writing, and to know what that accusation is based on. To defend yourself meaningfully, you need to know what you are being accused of and why.

Accusations of academic integrity violations are highly serious matters, especially in higher education. To most effectively protect your investment, consult an education attorney before responding to any potential accusation: whether the allegation is true or not. One action could trigger the next step in the informal or formal academic integrity process, as well as any deadlines that might come with it.

Navigating the student disciplinary and appeals process while defending oneself against allegations of academic dishonesty can be overwhelming. Tully Rinckey’s higher education attorneys will handle your matter with the attention and tact it deserves. If you have additional questions about your rights as a student and due process in higher education, our team of attorneys is available to assist you today. Please call8885294543 to schedule a consultation, or schedule a consultation online.

Greg T. Rinckey is one of Tully Rinckey PLLC’s two founding partners. He worked with Founding Partner and fellow Hofstra University alum Mathew B. Tully in 2004 to build the firm from the ground up into the coast-to-coast, full-service powerhouse that it is today. As Founding Partner, Greg collaborates with Mat in all areas of strategic planning and law practice management to develop and deploy innovative business solutions that continue to grow the firm.