Two emails cover most cases: a disqualification, or an invitation to a supervised retest. Both name the rule, the observed behavior and a review route. Neither accuses the candidate of intent.
The email to send (two templates)
Use A when the evidence is clear and the rule published. Use B when the signals are ambiguous or a technical problem could explain them.
Subject: Your application for [Role]
Hi [Name],
Thank you for completing the [assessment/interview] on [date]. Our candidate
guidelines, shared before the session, ask that answers be your own work
without [AI tools / outside help / additional devices] unless stated otherwise.
During the session, [observed behavior]. Because of this, we cannot use the
results, and we are ending your candidacy for this role.
If you think we have this wrong, or a disability or technical problem affected
the session, reply by [date] and a member of our team who was not on the panel
will review it.
Regards,
[Name], [Title]
Subject: Next step for [Role]: live session
Hi [Name],
Thank you for completing the [assessment] on [date]. Our review showed
[observed behavior, e.g. "several full-screen exits and a large paste in
question 4"], so we can't score this attempt with confidence. This may have a
simple explanation.
We would like you to complete a 30-minute live session with [interviewer] over
video, with screen sharing on. Please pick a time here: [link]. If you need an
accommodation, tell us and we will arrange it.
Regards,
[Name], [Title]
What to include: the rule, the behavior, the decision, a review route
Name the policy shared before the session. Describe the observed behavior in plain terms. State the decision. Give a deadline and a route to a reviewer who was not on the panel.
TestGorilla says its monitors cannot say for certain that a candidate attempted to cheat, that flags should not be used on their own to disqualify, and that the candidate may have a valid excuse. Equip's docs say never to disqualify on the Trust Score alone. Does Respondus detect cheating and can HackerEarth detect cheating show the same limits on two other platforms, flag by flag.
What to leave out
Do not guess at intent. Do not write that "our AI detected cheating." Do not name a tool you cannot verify. ClarityHire's guidance is to save the report and work product and avoid a written accusation.
Before you send: save the evidence, rule out other causes, consider a retest
Save the report and the replay first. Does Proctorio detect cheating explains what one platform does and does not claim.
Rule out accommodation and technical causes. The ADA requires reasonable accommodation for known limitations of a qualified applicant, and tests must be given so results reflect the skill measured rather than impaired sensory, manual or speaking skills (42 U.S.C. 12112(b)(5)(A), (b)(7)).
Do you need a legal notice?
FCRA adverse-action notices apply when a decision is based on a consumer report from a consumer reporting agency. A disqualification based on your own observations or your own assessment does not trigger them.
Keep application and hiring records for one year from the record or decision, whichever is later (29 CFR 1602.14).
Apply the same rule to every candidate
Inconsistent enforcement creates disparate-treatment risk. Write the rule down, publish it before the test, and score every candidate against it with AI Candidate Evaluation.
State and city rules vary, and this is not legal advice.