This policy follows Oregon law, which prohibits the secret recording of conversations, violation of which is a Class A Misdemeanor. (See ORS 165.540.)
The purpose of this policy is to set forth expectations regarding the recording of classes, meetings or other conversations at the College, offsite at College organized events, and over the phone between members of our community. The intent of this policy is to strike a balance between the legitimate uses of audio and visual recordings, and concerns including compliance with the law, privacy, and protection of intellectual property. In an effort to comply with Oregon law, promote the freedom to share ideas and to respect the privacy of community members, the secret recording of meetings or other conversations is prohibited. Classes may be audio-recorded by the professor, or by a student in the class with the prior consent of only the professor. Video recordings require special handling and consent under this policy.
It is expected that faculty, students, and staff will respect the privacy of other individuals in the workplace and educational setting. Consequently, the secret recording (audio or video) of classes, meetings or other conversations, including telephone calls, is prohibited, as not compatible with the law or the promotion of an open exchange of ideas. Recordings may serve many legitimate academic and workplace purposes. However, the College does not condone recording of any College activities when participants are unaware that such recordings are being made. In order to promote an environment of trust and collegiality, recordings may be made only with the prior consent of the parties involved. Covert/secret recording of any in-person or telephone conversation or meeting occurring at the workplace, including any classroom or other educational setting, or conversations or meetings offsite that deal with workplace or educational matters is prohibited. Employees are also prohibited from arranging for others to record conversations, telephone calls or other work or educational activities, unless specifically permitted by the participants. It is also a violation of this policy to download recorded conversations to a computer, upload them to the internet, or otherwise share, transmit or publish such recordings without the prior written consent of all participants (unless the professor has agreed in writing to such action and the recording is a recording of the professor’s class).
Classes may be audio-recorded by the professor, or by a student in the class for personal use with the prior consent of only the professor. Class participants should generally be informed when a class may be recorded. However, professors should not disclose the identity of students recording classes under an accommodation. Class recordings by students may not be downloaded to any computer, uploaded to the internet, or otherwise shared, transmitted or published without the further, prior written consent of the professor.
Video recordings present additional privacy concerns, and potential concerns with copyright and intellectual property issues. Therefore, video recordings should only be allowed under conditions completely understood and approved in advance in writing by the professor. All students and other participants in a class or educational activity which will be video recorded must be informed of the recording. Video recordings shall not be publicly shared, such as on the internet or in public viewings, without the written consent of the professor and others being recorded.
Surveillance cameras/equipment and software may be placed on campus by authorized campus personnel to prevent or deter crimes and protect public safety and to facilitate official College investigations into criminal activities or violations of campus policy.
Violation of Oregon Law may lead to criminal sanctions and/or exposure to civil liability. Within Lewis & Clark, violation of this policy by a student may lead to disciplinary action. Violation of the policy by an employee may lead to disciplinary action up to possible termination.
Approved by Executive Council: June 30, 2014 and Revised by Executive Council: August 28, 2014