04/20/2026

When Language Becomes a Barrier to Due Process: Academic Integrity and ESL Students

by Iryna Pavlova

(Image credit: Author using Adobe Firefly)

As an Academic Integrity Facilitator at a community college, I am occasionally invited to mediate student-faculty meetings in which a discovery interview is conducted to substantiate a suspected breach of academic integrity. In this role, I serve as an objective and neutral third party. Recently, I mediated a series of meetings involving beginner ESL students who were suspected of using unauthorized aids during a listening and vocabulary test. These experiences prompted me to make important reflections on language, comprehension, and procedural fairness.

In several of these meetings, as the faculty member began explaining the allegation, the student appeared visibly confused and struggled to respond. They had difficulty understanding the questions and lacked the language resources to articulate their perspective. In one case, the student repeatedly stated, “Teacher, I didn’t cheat,” but was unable to elaborate further. At the conclusion of the meeting, the faculty member indicated that they would proceed with the case and that the student could file an appeal. The student nodded in response. However, it was evident that terms such as “pursue” and “appeal” were not understood. The student’s response signaled compliance, not comprehension.

This raises an important question: are we assessing academic misconduct or language proficiency under pressure? When a student does not understand key terms such as “unauthorized aid,” and lacks the linguistic ability to explain their actions, their responses may be misinterpreted. Pauses, limited answers, or repetition can be perceived as evasiveness or non-cooperation, when they may simply reflect limited language proficiency. In such cases, a student may unintentionally agree to outcomes or statements they do not fully understand.

Current academic integrity investigation processes often assume a level of language proficiency that not all students possess. Written notices frequently contain complex terminology and refer to institutional policies that may be inaccessible to beginner-level ESL learners. As a result, these students may be disadvantaged in ways that affect their ability to meaningfully participate in the process. From a procedural perspective, this raises concerns about fairness and validity. If a student cannot fully understand the allegation or effectively respond, the integrity of the process itself may be compromised. Institutions risk incomplete fact-finding, misinterpretation of student responses, and decisions that may later be challenged on procedural grounds.

One important step toward addressing this gap is the integration of interpretation and translation support in appropriate cases. This may include access to qualified interpreters during meetings, as well as the use of plain-language communication in written and verbal interactions. Academic integrity staff can play a key role by advising faculty on how to communicate clearly, checking for understanding during interviews, and developing guidance for cases involving low language proficiency.

In addition to professional interpretation services, which may not always be readily available due to cost or resource constraints, institutions may also consider the cautious use of AI-supported tools as a more accessible and cost-effective way to enhance communication. For example, Microsoft Translator offers real-time, two-way conversation translation that can support basic understanding during meetings. Similarly, Google Translate provides voice and text translation that can assist with clarifying key points. Platforms such as Microsoft Teams and Zoom offer live captioning and, in some cases, translation features that can help students follow the conversation more closely. AI tools like ChatGPT may also be used outside of meetings to simplify written communication or rephrase complex language into more accessible terms. It is important to note that these tools should be used thoughtfully. AI-based translation is not a substitute for professional interpreters in high-stakes situations, and considerations related to accuracy, confidentiality, and student consent remain essential. However, when used appropriately, these tools can provide additional support and improve comprehension.

Ultimately, institutions may wish to consider developing more structured protocols for cases involving low-proficiency ESL students. This could include plain-language templates, proactive offers of interpretation support, and training for faculty and staff on working effectively across language barriers.

Academic integrity processes are grounded in principles of fairness, transparency, and due process. However, these principles may be difficult to uphold when students lack the language proficiency required to understand allegations, interpret evidence, and respond meaningfully during investigative processes. In cases involving beginner-level ESL students, the issue is not solely one of misconduct, but of access to the process itself. When comprehension is limited, a student’s ability to participate in a discovery interview may be compromised, raising important questions about the validity and fairness of the outcome. Ensuring that students understand the nature of the allegations and are able to respond meaningfully is not an added accommodation; it is a necessary condition for due process. As we continue to adapt our practices in evolving educational environments, we must ask: Can a process be considered fair if it is not understood?

*ChatGPT was used to support the refinement of language and structure in this document. All content and perspectives are those of the author.

Iryna Pavlova is an Academic Integrity Facilitator at Sheridan College in Mississauga, Ontario, Canada, a College Liaison on the Academic Integrity Council of Ontario (AICO) Executive, and a doctoral student in the Werklund School of Education at the University of Calgary, where she will examine the intersections of assessment design, academic integrity, and GenAI in Ontario colleges.