Illinois State University prohibits the unauthorized recording of instructional activities in any setting and the dissemination of instructional content without proper authorization. The policy strives to comply with the Illinois Eavesdropping Act, the Family Educational Rights and Privacy Act (FERPA), federal copyright laws, and applicable confidentiality laws, such as the Health Insurance Portability and Accountability Act (HIPAA).
- General Provisions
For the purpose of this policy, the following definitions apply:
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- Attendees encompass all individuals present in the instructional setting, including, but not limited to, participants, presenters, visitors, and bystanders.
- Instructor is an individual who meets the qualifications for instruction established by the Higher Learning Commission (HLC) (or other applicable accrediting agency) and who has been assigned to deliver the course content by the department chair/school director, the dean for Mennonite College of Nursing (MCN) courses, or the dean of Milner Library (when applicable); this can include cooperative teachers for professional practice course, Milner Library personnel for instructional activity, or others acting in a similar capacity.
- Recording refers to the use of any device, or any artificial intelligence (AI) system, app, or platform, to capture, transcribe, or otherwise take audio, video, or visual images of any course content (in part or in their entirety), or any individual.
- Surreptitious Recording is defined as the secret, hidden, or partially hidden capture of information, and is strictly prohibited under all circumstances.
- Instructional Setting is a controlled environment in which course-related teaching and learning occur, including but not limited to classrooms, labs, studios, clinical settings, and in-person and online meetings. Instructional settings do not include public or publicly accessible spaces where no reasonable expectation of privacy exists (e.g., outdoor campus areas, public events, conferences, performances, athletic events, filed-based instruction, locations encountered during study abroad).
This policy applies to:
- All students, instructors, and attendees in instructional settings, including all types of course (as defined in Policy 4.1.19 Credit Hour), office hours, consultations, and related instructional activities;
- All instructional modalities, including in-person, online, hybrid, online-enhanced, and HyFlex (see Policy 4.1.21 Instructional Modalities and Distance Education), and
- All types of instructional interactions, whether synchronous or asynchronous (see Policy 4.1.21 Instructional Modalities and Distance Education ).
For the Lab Schools policy on recording in instructional settings, refer to the Lab Schools Student Conduct Handbook. Public artistic performances, recitals, conferences, athletic events, and other public scholarly or cultural events, even when tied to course requirements, are not governed by this policy.
II. Recording by Students
Recording of any academic activities in instructional settings by students and attendees is prohibited. Any exception to this prohibition requires the student to obtain explicit, advance written consent from the course instructor and to secure the written agreement of all other students who may be captured or identified in the recording. If permission is granted, the student must confirm in writing that recordings or class session transcripts will not be shared with anyone outside of the enrolled class members.
Students requiring recording as a reasonable accommodation must obtain approval from Student Access and Accommodation Services (SASS). Upon official notification from SAAS, the instructor is required to facilitate the accommodation, unless the accommodation fundamentally alters the nature of the course, program, or instructional activity. To preserve confidentiality, an instructor is not permitted to notify the class that the class session is being recorded as a result of an approved reasonable accommodation. Recordings permitted under a reasonable accommodation are limited exclusively to the student's personal academic study for the current course and must be permanently destroyed upon completion of the term
Recording is prohibited during any portion of the course or instructional activity involving patient/client interactions, clinical practice, counseling session, interaction with minors, or discussion of confidential information, unless (a) written informed consent is obtained from the patient/client of the minor's parent or guardian, (b) the instructor and the appropriate unit supervisor approve the recording, and (c) all applicable privacy laws and University security protocols are followed. When the student recording is restricted for confidentiality reasons, an alternative reasonable accommodation may be provided to students who already have an approved reasonable accommodation in place.
The content of all instructional activities, including but not limited to lectures and instructor course materials, is the intellectual property of the instructor (consistent with University policy and provisions of applicable collective bargaining agreements) and is protected by copyright law. Students are granted a limited license to use these materials solely for their personal academic use within the current course. Recordings may not be reproduced, shared with those not enrolled in the class, uploaded to unauthorized websites or other environments, distributed by any other means, or processed using unauthorized transcription or generative AI services. Any unauthorized recording, unauthorized use of a recording, or unauthorized dissemination of class content may violate state law and University policy.
III. Recording by Instructors
Instructors who record instructional settings must manage the process with strict adherence to all applicable legal requirements. Instructors may records instructional activities for legitimate pedagogical purposes. This includes, but is not limited to, lecture capture, demonstration videos, and materials used for curriculum development, assessment, or accreditation. For any synchronous instructional activity, including in-person meeting and online sessions, the instructor must provide written notification in the course syllabus that sessions may be recorded, supplemented by a verbal announcement at the beginning of each recorded session. To comply with Illinois law, the instructor must ensure student participants have a clear means to avoid being identifiable in the recording. Instructors are strongly encouraged to pause the recording during sensitive discussion periods to facilitate open academic exchange. Recordings that include only the slideshow or screencast and the instructor's voice are exempt from the consent management requirements, provided no student voices or images are captured.
Recordings that capture identifiable student participation, including voice, image, name or discussion contributions, may only be shared with students currently enrolled in that specific course section via the university's Learning Management System (LMS) for academic review purposes. Recordings that contain student personally identifiable information (see Policy 2.1.1 Student Records, Article I.F) may not be shared publicly, posted externally, or reused in subsequent semesters unless the instructor either obtains the express written consent of every identifiable student captured in the recording or permanently edits the recording to remove or deidentify all student personally identifiable information completely.
Recordings that involve patient/client interactions, clinical practice, counseling sessions, interactions with minors, or protected health information require written consent from the patient/client or the minor's parent or guardian and must comply with HIPAA, Illinois confidentiality statues, and University security protocols. All recordings must be stored in University-approved secure systems and deleted after the retention period, which shall not extend beyond the end of the term unless consent for continued use has been obtained.
IV. Enforcement
Violations of this policy by students will be referred to the Student Conduct Office and may result in disciplinary action, up to and including dismissal from the University. Faculty and staff violations will be referred to the appropriate unit supervisor and will be address in accordance with applicable University policies, procedures, and collective bargaining agreements.
Related Policies
4.1.12 Sale of Instructional Material
4.1.15 Sale/Solicitation of Academic Assignments
4.1.21 Instructional Modalities and Distance Education