Purpose

The purpose of this policy is to set forth the terms and conditions under which a faculty member, other employee or student may record Seton Hall University School of Law (the “Law School”) class sessions – traditional face-to-face and synchronous remote class sessions – and how such recordings may be used and stored under federal and state law.  The policy further establishes when the recording of a class may be required as a reasonable accommodation for a student.

Scope

This Law School policy applies to all students enrolled in any Law School course(s) and to all faculty teaching any Law School course, whether offered in-person or remotely, as well as to all other employees and/or authorized guests observing or participating in a Law School course.

Definitions

1. 1. Appear – To be seen and/or heard.

2. 2. Authorized guests – Persons not enrolled in or officially teaching a Law School course section who may participate in any Law School class session, including guest speakers, students from other class sections, applicants to the Law School, or other appropriate parties identified by the instructor of record.

3. 3. Class session – The meeting of a particular Law School course section on the scheduled day and/or time designated in the course schedule (or on the day and/or time as may be rescheduled by the instructor of record as defined below), regardless of modality.

4. 4. Course – An academic offering described in the Law School course catalog and included in the curriculum offered at the Law School.  Courses may be taught in multiple sections, by various faculty in any given term.

5. 5. Course section – A specific instance of a Law School course taught by one or more faculty members. Students register for course sections.

6. 6. Instructor of record – The faculty member(s) who has been assigned to teach a particular Law School course section as recorded in the Registrar’s Office.

7. 7. Student – A full-time or part-time, matriculated or non-matriculated person, enrolled and on the official roster of a Law School course section.

8. 8. University – Seton Hall University

Policy

1. 1. Recording of any class session, regardless of modality, shall comply with The Family Educational Rights and Privacy Act (“FERPA”) and is at the discretion of the instructor of record for the course, except that the instructor may be required to record a course as a reasonable accommodation when determined by the Office of Disability Support Services (“DSS”) as set forth in Paragraph 9.

2. 2. No student is permitted to record a class session without prior written permission of the instructor of record and fulfillment of other requirements determined by the Law School, except when authorized by the DSS as set forth in Paragraph 9.

3. 3. Faculty recordings of class sessions may only be stored in University-approved information systems.

4. 4. If a recording of a class session only includes the faculty member and/or authorized guest speaker or lecturer, it is not a student record under FERPA and may be posted in Blackboard, Echo360, Microsoft Teams, and/or Microsoft Streams, or other approved University Information Systems, where it may be available to all students enrolled in the specific class session. At the faculty member’s discretion, access may be granted to all students enrolled in the course, irrespective of class section, subject to the requirements of FERPA. The faculty member shall make the recording available as required by DSS.

5. 5. If a faculty member chooses or is required to record a class session that will include student or authorized guest participation, the faculty member is required to notify all students and authorized guests that a recording will be made as an academic resource and that it is not to be shared outside of the class session. At the beginning of each such recorded class session, faculty shall orally remind students and authorized guests, if applicable, that the session is being recorded. This oral reminder must be captured on the audio recording. The oral reminder shall inform the students and guests that continued presence and/or their participation in the class session will constitute consent to recording of the class session. Automatic notices of recording may be made available by the Department of Information Technology through certain University-approved technology. Faculty are also encouraged to provide such advance notice to students in the syllabus.

6. 6. If a student appears in a recording or makes any digital contribution to a class session, the recording becomes a student record under FERPA, and access to the recording shall be limited to only those students currently enrolled in the same course section.

7. 7. In general and in accordance with FERPA, a faculty member should not use a recording in which a student or authorized guest appears in any other class session. However, if the faculty member elects to do so, the faculty member must:

   1. a. Edit the recording to remove any portion in which a student appears or otherwise de-identify each student who appears; or

   2. b. Obtain individual written consents from the students appearing in the recording. The consent must specify the recordings that may be disclosed, the purpose of the disclosure and to whom disclosure may be made. The consent must be voluntary and shall be signed and dated.

8. 8. If a student is uncomfortable being recorded, the student and faculty member should, prior to the first recording, discuss ways to accommodate the student through an acceptable de-identified modality while still seeking to ensure that the student has the same educational experience as students willing to be recorded. Refusal to be recorded cannot supersede any course or class academic requirements or the Law School’s educational purpose, nor can it supersede the Law School’s obligations under federal and state law.

9. 9. A qualified student with a disability may record the audio of class sessions, or a faculty member may be required to record class sessions, once DSS determines that class session recording is a reasonable accommodation. The faculty member will be advised of the accommodation in accordance with DSS procedures. Any such recording that serves as a reasonable accommodation may only be used for the personal study by the student permitted to make the recording, although the faculty member may decide to make such recording available to the entire course section. The student may not share, replicate, or publish the recording, in whole or in part, or use the recording for any other purpose, without the written permission of the faculty member, all other students and/or authorized guests captured in the recording.

Violations

Students, faculty, guests, and other employees who violate this policy may have their computer and/or network access suspended or terminated, and/or may face any and all level(s) of disciplinary action, as set forth in and subject to the Law School Student Honor Code, the Law School Faculty Guide, and other Law School and/or University policies that may be applicable.

Related Policies

Appropriate Use
Confidential Information

Data Security
FERPA (Family Educational Rights and Privacy Act)

Effective Date

August 16, 2023