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Recording Lecture Agreement

A student with a qualifying disability must be registered with Disabilities Services and provide the appropriate documentation supporting the requested accommodations and modifications. When the modification includes recording a lecture, class or activity, the student must have a conversation with each professor regarding the use of this modification and must sign a statement attesting to their understanding of the consequences for violations of this agreement. For the purpose of the agreement, a recording shall consist of: an audio replication recorded on devices including, but not limited to, audio recorders, cellphones, MP3 players, computers and other handheld devices that record sound. Faculty need to consider obligations under the ADA, Section 504 of the Rehabilitation Act, and Washington state legal resources before denying the use of recording devices. Reference the following links regarding auxiliary aids. Please contact Whitworth's educational support services staff to discuss your concerns or inquire about alternatives.

References:

  • WA State RCW 28B.10.912, Students with disabilities—Core services described—Notice of nondiscrimination
  • Washington Administrative Code WAC 478-121-107, Academic misconduct
  • Washington Administrative Code WAC 132D-315-005, Students with disabilities policy

Conditions of the agreement:

  • Instructors are not required to inform the class that recording is occurring; however, the instructor may inform students in the class as well as guest speakers that permission was granted for audio recording to occur. The student using the modification will not be identified or singled out.
  • Lectures recorded as part of an accommodation may not be shared with other people without the consent of the lecturer. Recording of lectures or class presentations is solely authorized for the academic purposes of this individual.
  • Faculty may request the recording device be turned off during class discussions as long as non-disabled students in class are likewise prohibited from taking notes during discussions. Faculty need to communicate this policy to the class in a way that does not identify the student.
  • Permission to allow the recording is not a transfer of any copyrights in the recording. The recording may not be reproduced or uploaded to publicly accessible web environments.
  • Recordings, course materials and lecture notes may not be shared with other students, exchanged, or distributed for commercial purposes, for compensation or for any other purpose other than study by the student named above.
  • Public distribution of such materials may constitute copyright infringement in violation of federal or state law, or college policy. Violation of this agreement may subject a student to disciplinary action by the college.
  • Students must destroy recordings at the end of the semester in which they are enrolled in the class.

The instructor may choose to provide the recording on behalf of the student. For example, an instructor can work with Whitworth’s instructional resources department to set up audio and/or video recording in the classroom and make such recordings available in Panopto/Blackboard to better monitor access to the recordings.

"A recipient may not impose upon handicapped students other rules, such as the prohibition of tape recorders in classrooms or of dog guides in campus buildings that have the effect of limiting the participation of handicapped students in the recipient's education program or activity. In order to allow a student with a disability the use of an effective aid and, at the same time, protect the instructor, the institution may require the student to sign an agreement so as not to infringe on a potential copyright or to limit freedom of speech." – The Department of Education, Office of Civil Rights (www2.ed.gov/about/offices/list/ocr/docs/auxaids.html)