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FW: OCR rulings about recording

IP
Ike Presley
Tue, Feb 14, 2017 4:03 PM

Hi All,

I am no legal expert, but I am often asked about the legality of having a student make an audio recording in a class, K-12 or college. According to the message below our students do have the legal right to record lectures without notifying the professor and the entire class.

However, out of common courtesy I would suggest informing everyone that the class is being recorded. That way people can choose how they wish to frame comments and questions knowing that it is being recorded.

Just an FYI,
Ike

Ike Presley, TVI, CLVT, CATIS
National Project Manager
American Foundation for the Blind
739 W. Peachtree St. N.W., Suite 250
Atlanta, GA 30308
404-525-2303
www.afb.org
Expanding possibilities for people with vision loss
      

Save the Date!
2017 Joint AFB Leadership and Virginia AER Conference
March 2-4, 2017 – Crystal Gateway Marriott

-----Original Message-----
From: Disabled Student Services in Higher Education [mailto:DSSHE-L@LISTSERV.BUFFALO.EDU] On Behalf Of Rood, Susie
Sent: Monday, February 13, 2017 11:56 AM
To: DSSHE-L@LISTSERV.BUFFALO.EDU
Subject: Re: OCR rulings about recording

HI Jim,
It was Eastern Florida State College, No. 04-13-2625 (OCR 01/27/14)

Summary: Faculty cannot prevent students from recording lectures for any reason.  There is no finding of academic freedom or intellectual property in a lecture course and recording lectures, even without notifying the other students in the class that recording is happening, does NOT violate the right to privacy for others in the class.

Essentially if you're in class, that information is free and open, it's not a private secret from the faculty, and students in the course have no right to the expectation of privacy when with a group of other individuals.

Hope this helps,
Susie

Dr. Susie Rood
Director, DATC
Disability and Assistive Technology Center University of Wisconsin Stevens Point
715-346-3365 (p)/715-346-4143 (f)

-----Original Message-----
From: Disabled Student Services in Higher Education [mailto:DSSHE-L@LISTSERV.BUFFALO.EDU] On Behalf Of Jim Sinclair
Sent: Monday, February 13, 2017 10:44 AM
To: DSSHE-L@LISTSERV.BUFFALO.EDU
Subject: OCR rulings about recording

This is a frequent topic of discussion here that's been discussed any number of times. Can anyone direct me to a web site, or email me a document, summarizing regulations and OCR rulings regarding SWDs recording classes? Or other education functions: I recall one instance mentioned here regarding a student being denied permission to record a disciplinary hearing, but was not able to find a cite for it. And how about tutoring sessions, office hours with faculty regarding course content, meetings with academic advisers or DSS providers regarding the SWD's plans and progress regarding choosing a major, understanding degree requirements, identifying any other necessary accommodations besides recording classes--are there any writings or rulings about those?

Jim Sinclair  jisincla@syr.edu

This list is intended to serve as a forum for higher education professionals involved in the delivery of services to students with disabilities in higher education. Any commercial posts or posts that are deemed by the listowner to be inappropriate for the list will result in the poster being removed from the list.

To sign off the list, send a message to

This list is intended to serve as a forum for higher education professionals involved in the delivery of services to students with disabilities in higher education. Any commercial posts or posts that are deemed by the listowner to be inappropriate for the list will result in the poster being removed from the list.

To sign off the list, send a message to

Hi All, I am no legal expert, but I am often asked about the legality of having a student make an audio recording in a class, K-12 or college. According to the message below our students do have the legal right to record lectures without notifying the professor and the entire class. However, out of common courtesy I would suggest informing everyone that the class is being recorded. That way people can choose how they wish to frame comments and questions knowing that it is being recorded. Just an FYI, Ike Ike Presley, TVI, CLVT, CATIS National Project Manager American Foundation for the Blind 739 W. Peachtree St. N.W., Suite 250 Atlanta, GA 30308 404-525-2303 www.afb.org Expanding possibilities for people with vision loss        Save the Date! 2017 Joint AFB Leadership and Virginia AER Conference March 2-4, 2017 – Crystal Gateway Marriott -----Original Message----- From: Disabled Student Services in Higher Education [mailto:DSSHE-L@LISTSERV.BUFFALO.EDU] On Behalf Of Rood, Susie Sent: Monday, February 13, 2017 11:56 AM To: DSSHE-L@LISTSERV.BUFFALO.EDU Subject: Re: OCR rulings about recording HI Jim, It was Eastern Florida State College, No. 04-13-2625 (OCR 01/27/14) Summary: Faculty cannot prevent students from recording lectures for any reason. There is no finding of academic freedom or intellectual property in a lecture course and recording lectures, even without notifying the other students in the class that recording is happening, does NOT violate the right to privacy for others in the class. Essentially if you're in class, that information is free and open, it's not a private secret from the faculty, and students in the course have no right to the expectation of privacy when with a group of other individuals. Hope this helps, Susie Dr. Susie Rood Director, DATC Disability and Assistive Technology Center University of Wisconsin Stevens Point 715-346-3365 (p)/715-346-4143 (f) -----Original Message----- From: Disabled Student Services in Higher Education [mailto:DSSHE-L@LISTSERV.BUFFALO.EDU] On Behalf Of Jim Sinclair Sent: Monday, February 13, 2017 10:44 AM To: DSSHE-L@LISTSERV.BUFFALO.EDU Subject: OCR rulings about recording This is a frequent topic of discussion here that's been discussed any number of times. Can anyone direct me to a web site, or email me a document, summarizing regulations and OCR rulings regarding SWDs recording classes? Or other education functions: I recall one instance mentioned here regarding a student being denied permission to record a disciplinary hearing, but was not able to find a cite for it. And how about tutoring sessions, office hours with faculty regarding course content, meetings with academic advisers or DSS providers regarding the SWD's plans and progress regarding choosing a major, understanding degree requirements, identifying any other necessary accommodations besides recording classes--are there any writings or rulings about those? Jim Sinclair jisincla@syr.edu This list is intended to serve as a forum for higher education professionals involved in the delivery of services to students with disabilities in higher education. Any commercial posts or posts that are deemed by the listowner to be inappropriate for the list will result in the poster being removed from the list. To sign off the list, send a message to * listserv@listserv.acsu.buffalo.edu * with the message * Unsubscribe dsshe-L To search the archives, go to http://listserv.acsu.buffalo.edu/archives/dsshe-l.html Questions? Contact Listowner Dan Ryan at dryan@buffalo.edu This list is intended to serve as a forum for higher education professionals involved in the delivery of services to students with disabilities in higher education. Any commercial posts or posts that are deemed by the listowner to be inappropriate for the list will result in the poster being removed from the list. To sign off the list, send a message to * listserv@listserv.acsu.buffalo.edu * with the message * Unsubscribe dsshe-L To search the archives, go to http://listserv.acsu.buffalo.edu/archives/dsshe-l.html Questions? Contact Listowner Dan Ryan at dryan@buffalo.edu