Frequently Asked Questions about Audio Recording of Class Sessions
Is audio recording of classes permitted under Reed policy and Oregon law?
Oregon law (165.540) generally requires that all participants be informed if their conversations are being recorded. However, this requirement does not apply to "regularly scheduled classes or similar educational activities in public or private institutions," so long as the recording device is unconcealed (i.e., it is on the table or in the student's hand rather than in the student's pocket or backpack).
Reed's guidelines state that students may record class sessions either with instructor permission or as a disability accommodation.
Is this accommodation allowed at other schools?
Yes, permission to audio record classes is a commonly-issued accommodation in the higher education setting, and is endorsed as an appropriate auxiliary aid by the U.S. Department of Education (see their Q&A section).
Are students allowed to share the recordings? And for how long can they keep the recordings?
As per Reed’s recording guidelines, any audio recordings made for accommodation purposes are for the student's personal educational use only. Recordings and/or transcripts may not be shared with others or published without the prior written consent of all participants.
As of September 1, 2023, all students who request use of this accommodation in a course must sign the following agreement:
"In order to audio record class sessions as an accommodation, each semester students must review and sign the following agreement:
- I agree that any recordings or transcriptions of class content are solely for my personal use in study and preparation related to the class.
- I will not release, post, share, sell, or otherwise make available the recordings/transcriptions in any format to any other person, whether or not that person is in my class.
- I will not publish or quote information contained in the recordings/transcriptions without express written consent of the speaker(s).
- I acknowledge that the recordings are sources, the use of which in any academic work is governed by rules of academic conduct at Reed, in addition to federal copyright laws.
- If other students or speakers are sharing personal information that would be inappropriate to record, I will be prepared to pause the recording occasionally upon request.
- I agree to destroy any recordings that were made when they are no longer needed for my academic work (typically, upon completion of the course).
I understand that a violation of this agreement may result in referral to the Judicial Board and a hold on my eligibility to use this accommodation or other note taking accommodations."
Do other students in the course need to be notified that recording may be taking place?
While Oregon law does not require notification or consent (as long as the recording device is unconcealed) Reed's guidelines do ask instructors to inform all participants that the class may be recorded. These guidelines also state that this notification should not disclose the identity of the student using this accommodation.
Sample language: “This class may be recorded at times for accessibility reasons. Any students using this accommodation have agreed that the recordings are for their personal educational use only, and that recordings will not be shared with others or published unless they have secured prior written consent from the instructor and all participants.”
What if we are discussing sensitive or personal subject matter?
Stanford's website provides a helpful framing of the intent and purpose of this accommodation: "Occasionally, instructors object to recording classes that involve a great deal of self-disclosure, personal reflection, or confidential discussions from students or presenters as part of the class, fearing that the recording device will inhibit students from sharing freely or would risk anonymity. However, it is important to remember that the use of the recording device is to substitute and support the student’s note taking ability. If these open discussions are not appropriate subject matter for any student to be taking notes, then it would be appropriate to make a general announcement to the class and ask all students to stop note-taking in addition to turning off any recording devices."
This question has also been addressed by the U.S. Department of Education (see their Q&A section).
Can I make the audio recordings myself?
Yes. If you prefer, you may make the audio recordings yourself and distribute the recordings to students with this accommodation after class. This would allow you to remove any sections of the recording that you deem sensitive, provided the deleted content is not essential to the learning objectives of the course and is not content that students will later be assessed on.