Teaching & Learning with AI

Alternative Title

Avoiding libeling a student with an AI Detection Allegation

Contributor

University of Miami International English Program

Publication Date

6-12-2026

Location

Kissimmee, FL.

Publisher

University of Central Florda Teaching and Learning with AI Conference 2026

Keywords:

pedagogic probable cause; libel; AI detector; AI plagiarism; Newby v. Adelphi University; Ostrowe; defamation; Publication; falsity; false positives; academic integrity; FERPA; higher education; defamation; slander; contextual falsity; reckless reliance; academic misconduct

Subjects

pedagogic probable cause; reckless reliance; contextual falsity; defamation; false positives; AI detector; publication; higher education

Description

This presentation argues that educators should not rely solely on AI‑detection tools when accusing students of AI‑assisted plagiarism. Instead, it proposes using detector scores only as “pedagogic probable cause,” a term developed by the author that signals when a submission warrants closer review, not a basis for disciplinary action. The presentation opens by outlining the limitations of current AI detectors, including high false‑positive rates and documented bias against non‑native English writers.

The presentation then reframes the issue through two complementary lenses: investigative journalism and defamation law. Drawing on the Woodward‑and‑Bernstein “two‑source rule,” it contends that a single detector score is insufficient evidence for an academic misconduct allegation. The presentation walks through foundational libel concepts—publication, falsity, fault, negligence, and privilege and warns that careless or unsupported accusations can expose instructors and institutions to legal liability, as illustrated by cases such as Newby v. Adelphi.

As a remedy, the presentation offers eight‑question due‑diligence framework instructors should apply before alleging AI plagiarism. It concludes with practical guidance: clear syllabus language, traditional integrity checks, and a “road to redemption” for students. These eight questions also anchor the author’s book, Due Diligence Before Alleging AI Plagiarism, and the deck closes with a full APA reference list.

Session Type

Presentation (30 Minutes)

Format

PDF

College

Academic Affairs

Extent

PDF 35 slides and slide comments on the last slide

Audience

Faculty, Students

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