As artificial intelligence (AI) becomes standard in the workforce, Title IX compliance proves as no exception. AI has recently become the center of Title IX allegations, and investigating these complicated incidents can leave professionals unsure of best practices and next steps.
AI Evidence in Title IX Investigations
In order for Title IX professionals to navigate AI-involved investigations, they must first understand how AI appears in evidence. Coordinators may encounter manipulated photographs, fake audio, fabricated messages, impersonation, or sexually explicit “deepfake” images. Parties might report that someone threatened to distribute an image or circulated or “posted” an image to social media channels like Snapchat, Instagram, or TikTok.
How to Investigate Cases Involving AI
Interpret all images as “real.” Explicit AI-generated materials cause genuine humiliation, fear, reputational damage, and disruption to education. Even if an AI image is not technically “real,” federal law treats it as such. The FBI warned that AI-generated nude images, specifically child sexual abuse material, is illegal, and Congress passed legislation criminalizing the act. In a Pennsylvania case, teenage boys created AI-generated nude images of female students, which prompted a criminal investigation, 59 felony charges, and a lawsuit against the school and involved AI companies.
When investigating, Title IX professionals should review AI evidence with the same seriousness as “real” evidence. Professionals should also never ask a complainant to “prove” that an explicit image is AI and should instead focus on their safety, support, and next steps.
Preserve all evidence. Immediately ask the reporting party to preserve any original message, post, account information, URLs, timestamps, usernames, and surrounding communications. Avoid forwarding or downloading intimate images, especially when minors are involved, as this could implicate federal and state prohibitions against child pornography. Coordinate with law enforcement and your institution’s legal counsel when the material may constitute child sexual abuse material or another crime.
Rather than relying on visual inspection or an AI-detection website, focus on corroborating allegations through witness interviews and communications rather than technology to “verify” whether or not a piece of evidence is AI-generated. If a Title IX Coordinator cannot confirm a perpetrator, they should still document all efforts to identify the source of AI evidence.
How We Can Help
As education professionals stay informed of all federal updates and prepare for their impact, TIXC can help keep your schools compliant. For general up-to-date information and how it affects you and your institution, join us for TIXC Thursdays on the first Thursday of every month. For more information about our consulting services, including advising, hearing adjudication, and investigation, contact us at info@titleixconsult.com.