Artificial intelligence (AI) is not a fleeting trend – it is inevitable and will be ubiquitous. Educational institutions are on the front lines as their students are the earliest adopters, embracing and incorporating AI into their daily lives. Colleges and universities must adapt, balancing the promise of innovation with the practicalities of implementation.
AI is recalibrating college and university landscapes, creating exciting opportunities for enhanced research, efficiencies administration, and customized learning.
- Research. AI’s computational might accelerates data analysis, propelling research into new frontiers. Applied computer science skills will continue to become more important and technological solutions will continue to become more prevalent in educational institutions.
- Administrative. The automation and enhanced analysis of admissions, recruitment, budgeting, scheduling, and management tasks will increase as AI is adopted. Chatbots can provide immediate feedback and advice to students, prospects, staff, and alumni.
- Learning. Educators will continue to revamp curriculums and assignments to tap into AI’s strengths while challenging students’ originality and analytical prowess. Oral examinations and applied projects may become more prevalent. AI tools may efficiently create customized learning experiences, adjusting to diverse student profiles and bridging language divides. Introductory courses, advising, and tutoring may experience efficiencies, freeing up time to address unique and personal student challenges.
The continued adoption of AI and these exciting opportunities also bring their own set of legal and ethical concerns.
- Usage Policies. Concrete guidelines are needed for instructors, students, researchers, staff, and third-party vendors to ensure the use of AI aligns with an institution’s mission, policies, and practices.
- Innovation Ownership: Colleges and universities must clarify intellectual property rights around AI-driven creations. Are IP rights being maintained and who owns what?
- Data Custodianship. While data can provide opportunities and insights, it is paramount to safeguard valuable and sensitive information against breaches and misuse. The importance of maintaining trust, confidentiality, and transparency in data governance policies continues to grow while compliance with data privacy and other laws becomes increasingly challenging. Colleges and universities remain top targets for malicious cyber-attacks, which have increased in both sophistication and prevalence due to AI.
- Equity and Accountability. To combat inherent AI biases and uphold ethical standards, cross-functional leadership teams must have a deeper understanding of AI and regularly perform audits of vendor technology and AI-enabled processes to avoid unintended consequences, such as legal claims and ethical issues. For instance, unintentional biases against marginal communities are a significant concern and can be amplified by AI processes. AI’s integration will likely influence accreditation norms. Leaders must be proactive in shaping standards that embody educational excellence, legal safeguards, and ethical assurance.
To help mitigate such risks, colleges and universities should create a cross-functional team to establish a deeper understanding of AI’s reach and impact within the institution to ensure lawful, ethical, accountable, and transparent AI use. Leadership should ensure technical expertise and sufficient infrastructure are maintained. Proactive engagement with stakeholders can help build and maintain trust. Incorporating feedback and regulatory changes into policies and contracts will minimize legal risks.
Managing AI means harnessing its power to elevate academic research, streamline operations, and personalize education — all while navigating the complex legal and ethical landscape that comes with it. With the right approach, colleges and universities can reap the benefits of AI to help fulfill their missions while mitigating the legal, ethical, and reputational risks that the use of AI poses.
To learn more about Michael Best’s services related to AI, please visit our website or contact the authors below.
About the Authors: Lyle Gravatt is a thought leader on AI topics, and serves as Managing Partner of Michael Best’s Raleigh Office. Daniel Kaufman spearheads the firm’s Higher Education practice. Sarah Alt is the firm’s Chief Process and AI Officer.
About Michael Best:
Michael Best is a full-service law firm providing legal services to clients on a local, regional, national, and global basis. With more than 230 attorneys in 12 offices nationwide, Michael Best counsels higher education institutions on a full range of legal issues, including intellectual property protection and labor and employment matters, such as Title IX, employee benefits, student affairs and immigration. We help universities commercialize their technologies and resolve technology-related disputes. In our work as outside counsel to many university leaders, our lawyers take calls on whatever campus exigencies occur, from cybersecurity and real estate transactions, to campus safety, public finance and governance issues.
For more information, contact:
Daniel Kaufman, Partner
dakaufman@michaelbest.com
(312) 836-5077