Students with approved notetaking accommodations-- including permission to audio record the class lecture-- must be supported and provided access as written. We understand that professors may have concerns around recording, and have put together this resource for faculty to review.
If you have concerns around recording, please consult with the Goldman Center. However, recording must be allowed while you explore alternatives. The Goldman Center will prioritize the student's specific accessibility concerns when considering necessary access to the class lecture.
Tulane complies with federal and state laws concerning the employment of people with disabilities, including Section 504 of the Rehabilitation Act of 1973, and the Americans with Disabilities Act (ADA), and follows the regulations issued by the Equal Employment Opportunity Commission (EEOC).
Governing Information
Both the ADA and Section 504 require that we provide students with the auxiliary aids and services necessary to ensure they have equitable access to course materials, comparable to that of their peers. More specifically, they state:
- A public accommodation shall take those steps that may be necessary to ensure that no individual with a disability is excluded, denied services, segregated or otherwise treated differently than other individuals because of the absence of auxiliary aids and services, unless the public accommodation can demonstrate that taking those steps would fundamentally alter the nature of the goods, services facilities, privileges, advantages, or accommodations being offered or would result in undue burden, i.e., significant difficulty or expense. (ADA Title III Regulation 28 CFR Part 36, Sec. 36.303a)
What are auxiliary aids and services?
According to the ADA, auxiliary aids and services refer to ways in which communication access can be increased for those with disabilities. This includes, but is not limited to, the use of real-time computer-aided transcription services, video remote interpreting services, videophones, and other technologies.
Goldman Center Policies and Procedures
The Determination Process
For a student to receive accommodations through the Goldman Center, they must provide relevant documentation of a disability. A member of the Goldman staff then meets with the student to determine their eligibility, as well as what accommodations are necessary to ensure equitable access for that student. Through this process, we may determine that the use of recording software is necessary for certain students to have equitable access to course material.
Our Recording Policy Contract
If a student is granted an accommodation that involves recording software, they must sign an accommodations contract with the Goldman Center. This prohibits the distribution of class recordings or transcripts to other students, websites, or social media. Any known violations of this contract will immediately be reported to student conduct.
Peer Notetakers
The Goldman Center also offers peer notetakers as an accommodation to students with certain disabilities. The use of a peer notetaker can greatly aid these students' learning, however, it is not used as a replacement for technology-based notetaking: the absence of a peer notetaker from class can lead to major gaps in service. Additionally, it is not equitable for students with disabilities to have to rely on their peers for access to course material. The use of technology-based notetaking creates equitable access by ensuring students can access lecture material independently.
Legal Rights
As stated by the Tulane handbook, "all intellectual property that is created by an employee within the scope of his or her employment...shall be the property of the University." This includes copyrightable works, such as the audio recordings produced by students with technology-based notetaking accommodations. Thus, the University will take reasonable measures to protect the unlawful distribution of this property.
The University maintains the ability to release their intellectual property rights back to the individual creator at any point. If this occurs, the individual whose rights are released will be notified and the University will "execute all documents necessary to enable the individual creator to undertake protective measures and to make arrangements for the development and exploitation of the work."
Ultimately, accessibility cannot be compromised in the valid pursuit of protecting privacy and intellectual property.
Social Media Policies
Posting video or audio recordings of individuals without their consent violates the terms of agreement and community standards on many large social platforms such as Instagram and Facebook. Thus, if video or audio of your class lectures are shared without your consent, you can report the video on the relevant social media platform, from which it will be swiftly removed.
