Classroom Audio Recording Agreement for Student and Instructor

Pursuant to the Americans with Disabilities Act, as Amended and Section 504 of the

1973 Rehabilitation Act, Southern Adventist University must provide reasonable

accommodations to a student’s known disability and may not deny equal access to the

University’s programs, courses and activities. Section 504 specifically identifies a tape

recorder an auxiliary aid, as stated in 34 C.F.R. 104.44(b):“A recipient … may not

impose upon handicapped students other rules, such as the prohibition of tape recorders

in classrooms …, that have the effect of limiting the participation of handicapped

students in the recipient’s education program or activity.” Audio recorders are therefore

a legitimate auxiliary aid to supplement or substitute note taking for some students with

disabilities.

At the same time, faculty have the right to require a student who uses a tape or other

audio device as an accommodation, to sign an agreement regarding the use of the

recordings. For the purposes of this Agreement, a recording shall consist of: an audio

replication recorded on devices including, but not limited to: audio recorders, tape

recorders, cellular phones, MP3 players, computers, Smartpens® and other handheld

devices that record sound.

Student Agreement

I , state that I have been

permitted, as a reasonable accommodation to audio record lectures and discussions in the

following course:

Course Number Course Name

I understand that faculty has an intellectual property interest in class lectures and I agree

not to infringe this right in any way. I agree that I will use these audio recordings only

for my own academic use during this course, and that I will not copy, reproduce,

broadcast, upload, transcribe, share, or release any part of these recordings, or use the

recordings for any purpose other than my academic work in this course. I also

understand that the faculty member and students have privacy rights and I agree that I

will not violate those rights by using audio recording in any manner other than for my

own personal study in this course. I also understand that any other use, commercial or

otherwise, may subject me to disciplinary action by the University and/or subject me to

liability under copyright laws and/or civil litigation. At the conclusion of the semester, I

agree to destroy all recordings.

Signed:

Student Date

Instructor Permission

The undersigned professor has given permission for the enrolled student named above to

make an audio recording of portions or all of the class session from the date stated above

until the end of the course.

A note about classes that involve self-disclosure from students:

In some cases, instructors may object to the use of an audio-recording device in classes

(or portions of classes) that involve personal discussion and self-disclosure by students,

fearing that audio recorders will inhibit the free exchange of information and potentially

violate students’ right to privacy. Because, however, the use of a recording device is

necessary as a substitute for note-taking by the accommodated student, it would be unfair

to require the accommodated student to stop recording while allowing other students to

continue taking notes. Therefore at the discretion of the instructor both note taking and

audio recording may be prohibited during classes or portions of classes which involve

personal discussion and self-disclosure. As an alternative in such cases, the

accommodated student may need to be provided with copies of notes made by a

designated note taker. Such notes should refer only to principles, theories, and

techniques demonstrated within the context of those discussions, and not to specific

content or personal details that may have been shared in such a forum.

Signed:

Student Date

Signed:

Faculty Date

Course Number Course Name

Please return this original signed form to Disability Support Services