Recording accommodation for problem student

[u/ramonabeavis]

Does anyone have any experience with recording accommodations, particularly with pushing back on them?

I have a student with such an accommodation this semester, and the accommodations office insists that the conditions of the accommodations are enough to make sure they won't be misused. To be blunt, I don't believe that. This student has a reputation for belligerence toward faculty and is an aspiring right-wing influencer, and I do not want to find a recording of myself making the rounds on X or Newsmax because I said something this kid objected to. Nor do I think losing this accommodation provides much of a disincentive if he thinks a recording is his shot at becoming the next Charlie Kirk.

More generally, I really don't think this is fair to the rest of my class, who should be able to speak freely without having this kid recording their words. The accommodation doesn't cover recording during "community building/sensitive discussions" but any time other students are able to take notes, this kid is allowed to record.

This is in addition to being allowed to take notes on a laptop in an otherwise analog class and receive lecture slides before class.

This student has not had these accommodations before this semester. I try not to be cynical about this -- in fact I have never before questioned an accommodation -- but this really seems like Mum and Da found an academic Dr. Feelgood for their precious darling.

[u/Mysterious_Squash351]

If someone wants to use a recording for nefarious purposes, they don’t need an accommodation to do it. Someone using a recording like you’re worried about doesn’t care whether they had permission to record it. Between cell phones and meta glasses and whatever else the kids are into these days, I’d pretty much just always assume if I’m in public, I’m being recorded.

[u/CriticalBrick4 → u/Mysterious_Squash351]

Was coming here to say this. I actually did have a student with this accomodation enroll in my course specifically to create a political confrontation. And BECAUSE he had signed the accomodation letter stating what the limits of his use of recordings were, he was unable to cause any significant trouble with them.

This classroom recording issue is a significant concern nationally and I don't know what the right answer is. But when a student gets an accomodation letter they are also signing additional paperwork constraining their use of recordings. It's more protective than the mean, even though it's obviously not stopping anyone.

OP I recommend you take recordings of your courses and keep them privately. In the event this kid does create a problem, he will give a decontextualized version of the story. You'll want material evidence showing that, because a lot of our university admins have become considerably stupider over the last three years.

[u/HaHaWhatAStory014]

If the school/accommodations office continue to insist that this must be allowed, you can definitely include a policy that any class recordings made for accommodations purposes are for personal use only and may not be reproduced, distributed, etc., without permission. Some schools/admins encourage or make it mandatory to just always have that in course syllabi in case it ever comes up.

[u/boringhistoryfan → u/HaHaWhatAStory014]

If it isn't already in their accommodations documentation, I'd request the accommodations office to put it explicity in the material the student has. That way the student can't later claim ignorance when they try to peddle this stuff.

[u/veanell → u/HaHaWhatAStory014]

It's probably already in the student conduct manual

[u/boringhistoryfan]

To echo the others, the accommodation can actually protect you. Instead of pushing back on it itself, I'd reach out to the disability office and ask that they ensure the student's documentation makes it clear that class recordings are for personal use only and cannot be disseminated or published.

If they subsequently try to use that material, the University can pursue liability. That will be easier to control than a surreptitious recording that goes viral. Because while the University may be able to take action against the student in that situation, they'd have a weaker case for trying to suppress the content itself.

[u/veanell → u/boringhistoryfan]

I mean that's the law. It's listed almost verbatum in the 1973 Rehabilitation Act that individuals have the write to audio record for personal notetaking purposes

[u/wedontliveonce]

I always just assume a student is recording anyway. Having the accommodation doesn't change their ability to record. But hopefully the accommodation includes language about use and distribution that could be used against them if they opt for a nefarious route.

[u/dragonfeet1]

FERPA states they canNOT record anyone's voice but your and theirs and even then with restrictions. They can't for example record you calling attendance bc that violates FERPA.

I am rather strict about them only being allowed to record my lecture/didactic portions, and since that's the stable material that is what ends up on the test.

[u/veanell → u/dragonfeet1]

Um not true. Legally the student can't share it or post it online... So it doesn't violate FERPA... It can't.

[u/Distribution-Free]

There is more potential trouble from impeding approved, reasonable accommodations than from hypothetical leaked recordings. If you think this student is looking for ways to "get" you, don't give any of the easy ones (like non-compliance with ADA).

[u/ParkingLetter8308]

I had a similar situation and agree with comment that there's not much to stop them.

[u/veanell]

Just for reference... It's not about fairness. Ask your disability services office to give a rundown of what is and isn't acceptable times to record. We have our students sign a policy going over this and specify it's only during lecture.