Guidance on Classroom Digital Recording and Remote Classroom Practices
What are students' privacy rights with respect to class sessions conducted remotely (i.e., through Zoom)?
The classroom, virtual or otherwise, is not a fully public space as it is limited to those enrolled in the class, the instructor and those allowed into the classroom space, virtual or otherwise. In a traditional setting, instructors would not record the classroom environment without notifying the students. As such, we should follow the same process in the virtual environment. Students should be informed that class sessions may be recorded. The Zoom application assists in this by having a recording indicator on screen and notifying participants auditorily. While this is an added benefit, it is a best practice for the instructor to notify the students at the beginning of the class session. Indicating that classes may be recorded should also be noted on syllabus or elsewhere in Canvas announcements to give notice to students.
Before recording a class session, the purpose of the recording and use of visual displays should be considered. If the purpose is to provide a recording of the faculty providing the instruction, there are ways to record through Canvas Studio without recording students, and we highly encourage use of this technology instead of live recording synchronous meetings. The Canvas Studio is in the process of being made available to all faculty districtwide. If there is value and purpose in recording student interaction (e.g., questions and answers during a lecture), students may be recorded and notified as indicated above. However, students should not be compelled to show their faces or images. Many students are uncomfortable sharing their living spaces with faculty, staff and student peers. There may be others in the household sharing the learning space and this causes sensitivity for students. If student engagement is the desired outcome, the verbal responses should suffice.
Can students record the session themselves?
No. Under Education Code section 78907, recording in a classroom without the prior consent of the instructor is prohibited. It is the instructor who decides whether recording is appropriate and the Zoom application does not allow non-hosts to initiate recordings. The only exception to this prohibition is recording as necessary to provide reasonable auxiliary aids and academic adjustments for students with disabilities. In these cases, the accommodations will be defined by the disability services on your campus.
Can I call out student names during online sessions?
As is typical in a classroom setting, instructors may still disclose students' names during a class session; disclosing names in class is not a violation of FERPA. (34 C.F.R. 99.37(c)(1).) Please remember to use the students' preferred names.
Can I publicly post my recorded sessions?
If the recording only includes you, as the instructor, you may post at your discretion as this is your content. This is why Canvas Studio is recommended to provide you with the utmost flexibility of use of faculty content.
If the recorded session includes student images or voices, access to recordings should be limited to college employees with a legitimate educational interest, and to students officially enrolled in the course. Students should also be advised not to share or post such recordings. These recordings may be regarded as educational records as students are visible and/or audible. As such, before the college can release the recordings to third parties, students' consent is needed unless some other exception under FERPA applies (e.g., a subpoena, etc.). This means that you should be not be using recordings with students from one class/semester and posting it as content for a different class of students without release.
How may instructors deal with disciplinary issues?
The District's code of conduct applies to courses being taught remotely. An instructor may remove a student for up to two class sessions for a violation of the code of conduct. For any greater sanction, such as a suspension for the remainder of the term, instructors should refer the matter to the college's designated disciplinarian. In order to suspend a student, the college must provide appropriate due process (i.e., a notice of disciplinary charges and the opportunity to be heard in a disciplinary hearing).
Why not just report a disruptive student to Zoom and let Zoom deal with it?
Instructors should report misconduct to the college's disciplinarian. While Zoom might bar a user from its platform for violating its terms of service, unless the college disciplines the student pursuant to the Board Rules, the student retains the right to participate in the class.
If the college does not pursue student discipline (and Zoom has already barred the student), the college should explore alternative means for the student to participate. For example, the student could be provided access to the recordings, and permitted to submit questions to the instructor as contemporaneously as possible with his/her classmates. Since such arrangements are not ideal, it is important to contact the college disciplinarian should conduct issues arise. A student barred by Zoom should also be informed of other options, such as withdrawal or switching to a P/NP basis.
What should we do about discriminatory conduct or sexual harassment by students?
Refer instances of discrimination or sexual harassment to the District's Office for Diversity Equity and Inclusion ("ODEI"). Turning off participants' ability to engage in private chats with each other in a Zoom conference may also prevent such interactions.
Videoconferencing also provides an unintended glimpse into each other's home environments, and with that, a potential awareness of unfortunate situations that cannot be unseen. Under the Child Abuse Neglect and Reporting Act, instructors are mandated reporters. If, in their professional capacity (e.g., while teaching a course), instructors become aware or reasonably suspect that a minor is being abused, they are obligated to make a report to law enforcement or the Los Angeles County Department of Children and Family Services at (800) 540-4000.
Can I mandate recording as a means of monitoring cheating?
The State has a contract with Proctorio, which provides services to monitor test taking. This application requires a camera, and uses artificial intelligence to flag questionable activities taking place that should be further reviewed by the instructor. Students may not have access to a computer with a camera that would allow them to use of this type of application. Mandating this application could limit student access, and students have expressed anxiety about being forced to be recorded. Developing a higher order assessment of learning that requires critical thought is a better way of preventing cheating. While monitoring systems are not necessarily prohibited, strongly consider students' current circumstances, and that their living and learning environments may lead to false positives for cheating and cause anxiety for students.