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Overview
At Tallahassee Community College, students may, without prior notice, audio or video record a class lecture in which the student is enrolled for three specified purposes as outlined in House Bill 233 Section 1004.097, Florida Statutes: (1) for the student’s own personal educational use; (2) in connection with a complaint to the college where the recording is made; or (3) as evidence in, or in preparation for, a criminal or civil proceeding.
Class Lecture
A class lecture is defined as an educational presentation by the instructor as part of a college course intended to inform or teach enrolled students about a particular subject. A class lecture will occur most often in a course identified by the college as a lecture-type course, whether online or in-person, as opposed to a lab course or a course section identified as a discussion section or seminar.
A class lecture does not include lab or recitation sessions; student presentations (whether individually or part of a group); class discussions (except when incidental to a class lecture); academic exercises involving student participation; clinical practica and presentations that involve patient histories and other types of protected health information; academic exercises involving student participation; test or examination administrations; field trips; and private conversations between students in the class or between a student and a faculty member.
Any class recording that personally identifies a student who has not consented to being recorded will not be recognized as a part of a class lecture for these purposes, and such a recording may be subject to other laws or institutional policies such as the Code of Student Conduct.
A class lecture recording may not be published without the written consent of the instructor, except that it may be shared with college officials or state and federal government officials in connection with a complaint to the college or used as evidence in a criminal or civil proceeding. Violation of this provision may subject the student to disciplinary action by the college and/or to a legal action by a person injured by the publication.
Publish
To publish means to share, transmit, circulate, distribute, or otherwise provide access to the recording, regardless of format or medium, to another person, or persons, including but not limited to another student in the class. Additionally, a recording, or transcript of the recording, is published if it is posted on or uploaded to, in whole or in part, any digital or print media platform, including but not limited to social media, book, magazine, newspaper, leaflet, picket signs, educational media platforms, group chats, email, texts, or any mode of print.
To Report a Student Violation
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Faculty FAQ's
What can students record?
Students may audio or video record a class lecture, defined as an educational presentation by the instructor as part of a college course intended to inform or teach enrolled students about a particular subject. A class lecture will occur most often in a course identified by the college as a lecture-type course, whether online or in-person, as opposed to a lab course or a course identified as a discussion section or seminar.
What are the permitted purposes for students making the recording?
There are three permitted purposes for students making the recording: (1) personal educational use, (2) for use in a complaint to the institution, or (3) for use as evidence in a civil or criminal proceeding. Students may not record for any other purpose without the written consent of the instructor.
Do students have to ask permission to record?
No, students do not need to ask for permission to record the class lecture, as long as they are making the recording for a permitted purpose.
Is there anything that students are not allowed to record?
Students are prohibited from recording class activities other than lectures, including but not limited to lab or recitation sessions, student presentations (whether individually or part of a group), class discussions (except when incidental to a class lecture), clinical practica and presentations that involve patient histories and other protected health information, academic exercises involving student participation, test or examination administrations, field trips, and private conversations between students in the class or between a student and a faculty member.
I allow my students to freely ask questions during my class lectures. Is this back-and-forth exchange considered class lecture or class discussion?
In general, class discussions are not part of the definition of “class lecture” unless the discussion is incidental to a class lecture. If students ask clarifying questions during the class lecture, that back-and-forth exchange would be considered incidental to a class lecture and properly subject to recording. If students ask questions or engage in conversation with the instructor about the lecture topic during a distinct discussion portion of class following a class lecture, that back-and-forth exchange would not be considered part of the class lecture and would not be subject to recording. If faculty question students about course material following, or in lieu of, a class lecture (e.g., Socratic method), these back-and-forth exchanges are not subject to recording.
Are students permitted to share their recording of the class lecture with other students in the class? For example, can students share their recording with a classmate who was sick and missed class?
No. Sharing the recording, even with another student in the class, would be considered publishing the recording and therefore is prohibited, unless the faculty member’s consent is obtained.
To publish means to share, transmit, circulate, distribute, or otherwise provide access to the recording, regardless of format or medium, to another person, or persons, including but not limited to another student in the class. Additionally, a recording, or transcript of the recording, is published if it is posted on or uploaded to, in whole or in part, any media platform, including but not limited to social media, book, magazine, newspaper, leaflet, picket signs, or any mode of print.
Are there any restrictions to the use of the recordings?
Yes. Recordings may not be used to engage in academic dishonesty, may not be used as a substitute for class attendance or participation, and may not be published or shared in any way without the instructor’s written consent, unless the student is sharing the recording with college officials or state and federal government officials in connection with a complaint to the college, or as evidence in a criminal or civil proceeding.
Does this law change how students may behave in the classroom?
No, students must adhere to classroom behavioral expectations while recording. Recording that disrupts the learning environment may violate TCC’s Student Code of Conduct and is not permitted.
Are there any other reasons a student may record?
Recording a class lecture or other class activity may be a part of an accommodation granted by TCC’s Office of Accessibility Services. If that is the case, the student will provide you with documentation from the Office of Accessibility Services about these accommodations.
What are the consequences for a student who publishes a recording without consent?
A student who publishes a recording that is not part of a college complaint or evidence in a criminal or civil legal proceeding could face severe legal and/or disciplinary consequences. Per HB 233, unauthorized use of the recording allows the faculty member to take a student to court for damages, including attorneys’ fees, totaling as much as $200,000.00. Additionally, the student may be referred to TCC’s Office of Student Conduct for a potential violation of TCC’s Student Code of Conduct.