Why do some students have audio recording lectures accommodations?
Students who are approved for accommodations to audio record lectures typically rely on these recordings to help fill the gaps of anything they may have missed during the live lecture due to disability-related impacts. The audio recordings may replace note taking for the student or may facilitate their ability to create notes after class from the recording. Audio recordings made by the student as an accommodation are for personal use only.
What if I have concerns about students recording my lectures?
In accordance with Section 504 of the Rehabilitation Act of 1973, an instructor may not forbid a student's use of an aid if the prohibition would limit the student's participation in and educational program. Students who use recording as an accommodation to facilitate access must be considered separately from any blanket policies on recording.
Instructors with concerns that audio recording would compromise course requirements should contact the access consultant about their concerns. The access consultant can help determine whether recording is necessary or whether alternative accommodations will meet the student’s access needs.
Alternatives may include:
- Crowd sourcing notes and posting them for all students in Canvas
- Professor controlled recording, which involves the professor coordinating the recording of the lecture and sharing it via Canvas
- Sharing an outline or your lecture notes with just the student with the accommodation or with all students in your class
Consulting with the DRC access consultant is critical to ensuring that the student’s access needs are fully met.
What about an instructor’s right to academic freedom, copyright, or intellectual property?
An instructor’s concern around copyright, privacy, academic freedom, or intellectual property does not override the student’s right to accommodation. The recording of lectures is one of the accommodations specifically mentioned as being a reasonable accommodation in the Department of Education’s guidance regarding Section 504 of the Rehabilitation Act of 1973, and the question of copyright is addressed directly within that guidance. The Disability Resource Center (DRC) can support instructors with protecting their privacy and copyright while ensuring the student is provided access via their accommodations. In some cases, a written agreement specifying the usage restrictions for the recordings is supportive to ensure all parties have a shared understanding on appropriate usage of audio recordings. Please contact the student’s access consultant to explore this option as needed.
The University’s Teaching and Learning: Student Responsibilities Policystates that “students are not permitted to record any part of a class/lab/other session unless explicitly granted permission by the instructor.” Can I deny the accommodation under this policy?
No, University policy does not override a student’s right to access. Reasonable accommodation may involve an adjustment or exception to University policy at times. The recording of lectures is one of the accommodations specifically mentioned as being a reasonable accommodation in the Department of Education's guidance on Section 504 of the Rehabilitation Act of 1973. Information contained in the audio-recording may not be shared, published, quoted, or uploaded online without the consent of the lecturer and without giving proper identity and credit to the lecturer. If a student violates these expectations, they will be in violation of University policy, and the instructor may address the violation as they see fit, which may include a report to the Office for Community Standards.
I am discussing politically sensitive topics during my classes. Can I forbid audio recording so those conversations aren’t captured?
While instructors may have valid concerns about discussions of politically sensitive topics being recorded, shared, and taken out of context, these concerns do not override the student’s right to accommodations. The use of a recording device is to provide equal access to notes in the class. If these discussions are not appropriate subject matter for any student to take notes, it would be appropriate to connect with the student and access consultant to discuss your concerns and determine whether audio recording is necessary during these components of the class. If other students are permitted to take notes on the class content, students with audio recording accommodations must be permitted to record.
My class has discussions that include self-disclosure from students, and I’m concerned about their privacy. Can I forbid audio recording because of the content of the discussion?
Some instructors have concerns that the creation of a recording will stifle class discussion and inhibit students from freely sharing, especially if the discussion includes self-disclosure of personal information. The use of a recording device is to provide equal access to notes in the class. If these discussions are not appropriate subject matter for any student to take notes, it would be appropriate to connect with the student and access consultant to discuss your concerns and determine whether audio recording is necessary during the discussion components of the class. In general, you do not need to inform the class that someone is recording.
Do I need to announce to other students in the class and/or get their permission for the student to record?
No; given Minnesota’s law on one-party consent recording, other students do not need to give permission for the student to create a recording of the class. Likewise, instructors are not required to inform the class that a recording may be created.
What responsibility does the student have when audio recording a lecture?
Students with disabilities who are approved for audio recording lectures accommodations have the right to record lectures for personal study purposes only. Lecture recordings may not be shared with other people without the consent of the lecturer. Information contained in the audio-recording may not be published, quoted, or uploaded online without the consent of the lecturer and without giving proper identity and credit to the lecturer. Students are informed of these restrictions by their access consultant when they are approved for the accommodation and sign an agreement that they are aware of their responsibilities. If a student violates these expectations, they will be in violation of University policy, and the instructor may address the violation as they see fit, which may include a report to the Office for Community Standards.
Adapted from Rutgers University, Office of Disability Services