A Legal Road Map for AI Adoption on Campus

Pullman & Comley Attorney Russell F. Anderson authored the Inside Higher Ed article, “A Legal Road Map for AI Adoption on Campus,” exploring the emerging legal implications for colleges and universities as they incorporate artificial intelligence (AI) into academic and employment contexts.

Russ notes that actions taken based on AI guidance remain the institution’s responsibility under existing law.  "A recent memorandum published by Connecticut’s Office of the Attorney General highlighted a point that we commonly make to clients: Actions taken based on AI guidance are simply your actions," Russ writes. "None of the standard laws that govern the conduct of organizations disappear when AI technology is involved. Several recent court cases make this point clear."

He points to Newby v. Adelphi University, where a court overturned a university’s academic integrity finding after procedural safeguards were not followed, and Mobley v. Workday, a class action challenging AI-powered hiring tools for alleged discriminatory impact.

Higher education institutions must continue to comply with established procedures and employment laws, Russ emphasizes, even when AI tools are involved. Russ notes that reliance on AI does not eliminate the need for due process or shield organizations from discrimination claims.

College and university leaders should ensure that they are keeping pace.  "Institutions should consider assembling a working committee to evaluate AI uses on campus, whether in the classroom or in administrative operations," Russ says. "The committee can work through the risk management framework, identify steps to address algorithmic discrimination, determine needed procedural limitations and establish any demands it needs to make of a vendor touting an AI solution....Having thorough documentation and procedures in place—and, unlike in the Newby case, following them—will provide institutions with important guardrails as AI compliance demands grow."

To read the full article, please visit the IHE website.