FAQs about Recording Assessments and Synchronous Classes

WebEx includes boxes with student's cameras that included their backgrounds as well as student audio questions. I assume that since I do not have all the students' consent, 100% of the recorded lectures must now be thrown away and can never be reused.

If the students have not raised an issue with being recorded, we can use their implicit consent to continue with the practice.  They just need to be aware that the option is available.

May I record if no one opts out, e.g., we have implicit consent?   

If one or more students does not give consent do I have to offer another option for participation, including turning off their video or phone in, blur their backgrounds, send in questions via email or other chat modes outside of what is being recorded?

Yes.  By continuing to participate in the recorded session/examination after receiving notice that they may opt out, the students have implicitly consented.

Yes. You must give an option for that student to participate in another manner.  

The course that I teach has an open HSIRB approval to gather data for research and reflection on practice. Students have been made aware of the data collection.

I am wondering if the new policy requires any changes or additional consent to be obtained.

Assuming that recording was part of the HSIRB informed consent for the participants, and the students read/were aware of that aspect of the protocol, we can assume implicit consent.

1) Is the consent students provide to recording software, when that consent explicitly includes environment checks, sufficient?

2) Some students receive accommodations that allow them to record the class. How would I handle a situation in which a student does not consent to being recorded by another student as part of an accommodation?

1. Yes. As long as the students have notice that their environment is going to be recorded and they proceed without raising the issue, they have consented.

2. Students who have an accommodation to record class have been granted an exception to standard policy. You should still inform the class they are being recorded (without stating by whom or why in order to protect the confidentiality of the person with the accommodation) and allow them to raise the concern to you if they have one. As long as it’s an audio-only recording and no FERPA-protected information is being discussed, there should be no issues. Contact DSS if this issue arises so that all parties may work together to find a solution.

Is this also true for the other side of the coin? That is, are students prohibited from recording us/class without our consent?

Should they obtain prior consent from all their classmates to record?

Yes.  Students should be seeking your permission before recording class.  Like them, unless they have an accommodation, you have the option to refuse to be recorded.  At a minimum, the students should inform their classmates that they are recording so any classmate who wants to may object at that time.

For clarity, this policy refers to RECORDING remote sessions.  Does it have any implications for requiring students to have their camera on during a live class session if it is NOT being recorded?  It would seem to have some, but not all, of the same privacy and consent issues even if the class session was not recorded.  Can you provide some guidance on whether WMU instructors are allowed to require students to enable their camera during live, synchronous class meetings via WebEx if the classes are not being recorded?

Yes, the guidance also applies to asking students to show their home surroundings even if there is no recording.  If students use a background filter or turn off their cameras, that issue is addressed.  If you are asking them to show their surroundings for purposes of academic integrity and they do not want to, you will need to give the student the option for a reasonable, alternate arrangement.

Looking at WMU statement and student opt out page it appears that we do not need to obtain consent to record but rather provide the opportunity for the student to consent to opt out. 

Can you please clarify, as your email and the WMU opt page are not following the same edict. If we are to obtain consent, will WMU be providing a consent template we can use for students to sign? Can they email their consent to us? Load into a dropbox in eLearning? Or ?

We need to provide notice that students may opt out if they wish.  Once having that notice, if they continue to participate in the recording, they have given their implicit consent.

Isn’t being recorded just part of the deal when students agree to take online classes?  

Not unless they have prior notice that they may be recorded.  Michigan statute requires that individuals be provided notice, and have the opportunity not to consent, if they are being recorded in their homes.  

Additionally, given the situation during COVID that many students did not have the option to take anything other than classes online, there were limited options.  

I have students record themselves and send in videos of them conducting mock interviews.  How does this new policy impacts process? 

By sending the videos of themselves, the students are consenting to being recorded.  Because of FERPA, however, they should not share videos of anyone but themselves outside of the class group.

Will we be notified if an individual student in our class opts out using the Opt-Out Request in the syllabus statement?

Yes. When an opt-out request is submitted through the form, a staff member from the Faculty Technology Center will notify the instructor and provide technical guidance.

I record synchronous lectures for students to refer to or for students whose connections are poor. I make these available on our eLearning site in that day's module. Do I need consent for that?

It depends on whether you are only recording yourself lecturing or if the students’ identities are shown in the recording.     If it is just yourself, you don’t need student consent.  If students’ voices are heard, but there is no other identifying information, you don’t need consent.  

Is this exclusive to students enrolled in courses? We have clients in for counseling that are students not enrolled in a course, that we they have to scan the room with the camera to ensure they are alone. 

Customers/clients who are on campus to receive services must also provide consent prior to being recorded.  If medical treatment is being provided, there are additional safeguards under HIPAA that must be put in place.

It is my policy that if I post slides, lecture materials, course videos, etc. to Elearning for one student, I make them available to all students in the class. When I make recordings I tell students when I start the recording and later stop it. I also give them the option to keep their cameras off and microphones muted during the recording portion. If they’re not comfortable being recorded, they can ask questions using the chat function. How would I handle the situation in which a student must speak and could potentially have their voice recorded? 

Your standard practice is right on target.  You have provided sufficient notice so the student knows they are being recorded and have provided options for those who do not want to be recorded.  In terms of student voices, if there is no identifying information being shared (e.g., name) while you are recording, there are no FERPA violations.

I record synchronous lectures for students to refer to or for students whose connections are poor. I make these available on our eLearning site in that day's module. Do I need consent for that?

It depends on what information is being discussed during class. If you are only recording yourself lecturing or if only enrolled students’ names, identifiers, or wmich e-mail addresses are disclosed, this does not require consent. Students may not request that this type of directory information remain private during class.

You may not discuss student-specific information, such as grades or other personally-identifiable information without explicit consent from the students. This exception applies only if you destroy the recording at the end of the course so that it is not being “retained” by the university.

When I post slides, lecture materials, course videos, etc. to Elearning for one student, I make them available to all students in the class. When I make recordings, I tell students when I start the recording and later stop it. I also give them the option to keep their cameras off and microphones muted during the recording portion. If they’re not comfortable being recorded, they can ask questions using the chat function. How would I handle the situation in which a student must speak and could potentially have their voice recorded?

Your standard practice is right on target. You have provided sufficient notice so the student knows they are being recorded and have provided options for those who do not want to be recorded. In terms of student voices, there is an exception to the FERPA consent requirements that says students may not prevent WMU from disclosing or requiring that the student disclose their name, identifier, or institutional e-mail address in a class in which the student is enrolled.

This exception applies only if you destroy the recording at the end of the course so that it is not being “retained” by the university.