1. Purpose
1.1 The University of Bath seeks to support the learning experience of its students through a variety of means that enable them to revisit and review the material covered in taught sessions, helping us in providing an inclusive and accessible learning environment. The recording of lectures and other learning sessions (such as seminars and classes) is part of this. Recording is intended both to provide an anticipatory adjustment to potentially help all students, for disabled students generally, and to support students with individual Disability Access Plans (DAPs) or Interim DAPs.
1.2 The University also seeks to provide clarity and reassurance to staff regarding their rights and responsibilities in relation to recordings of their teaching, particularly in relation to privacy, intellectual property rights and data protection issues.
1.3 This policy sets out the circumstances in which recordings of learning activities can be made, and the roles and responsibilities of those making these recordings.
1.4 This policy should be read alongside the Disabled Students Policy and the Procedure for Making Adjustments to Learning, Teaching & Assessment for students with disabilities, long-term health conditions and specific learning difficulties (SpLD). These clarify how the University meets its duty to provide reasonable adjustments to teaching, learning and assessment practices through its Framework for Reasonable Adjustments at Level 1 (anticipatory), Level 2 (individual) and Level 3 (exceptional individual), and roles and responsibilities at each level.
2. Scope
2.1 This policy applies to all University of Bath students and staff, external visiting lecturers/speakers and examiners, and any other participants in recorded learning and teaching activities.
2.2 It applies to any ‘formal’ teaching activity including lectures (live or pre-recorded), seminars, lectures given by external speakers, Live Online Interactive Learning (LOIL) and classes.
2.3 It would not normally apply to activities like Personal Tutoring, or meetings with Project Supervisors. There are also some forms of teaching – for example practical classes – where it might not be practical or suitable pedagogically or on the grounds of safety or privacy.
3. Policy
3.1 For the purposes of this policy, the term 'recording' refers to any audio or visual recording of a formal learning session, made with any type of audio or visual recorder.
Policy for staff
3.2 It will normally be the decision of staff whether they want to routinely record their learning activities. The decision to use the system routinely rests with the member of staff delivering the teaching.
3.3. Notwithstanding, as an anticipatory adjustment, all staff must ensure that students have access to appropriate materials to catch up on and/or revisit teaching sessions (for example, by providing recordings of live sessions, or, where this is not appropriate, alternative material, a session summary and/or an edited recording), in line with the University’s Framework for Reasonable Adjustments (see 1.4).
3.4 Where the needs of any particular student are such that a legal obligation to record arises (see 3.15), staff will be expected to support this. This would normally be related to supporting students with a DAP (or Interim DAP).
3.5 Staff have the discretion to pause and or/stop recordings if appropriate and necessary to do so, for example where sensitive or personal information is being discussed, or where there are pedagogical, moral, ethical or privacy concerns. The general expectation is that students should attend in person teaching sessions wherever able. In cases where a student is unable to be in the classroom, however, and/or it impacts a student with a relevant DAP (or Interim DAP), staff will be expected to make an alternative support mechanism available to ensure those students are not disadvantaged.
3.6 If there are Health and Safety concerns in relation to the making of recordings (for example, in some cases students may be permitted to make their own recordings, but mobile phones are not permitted during laboratories) this should be risk assessed, and alternative arrangements made for students with DAPs (or Interim DAPs).
3.7 It is normally at the discretion of staff whether they choose to share recordings of their teaching activities with students who are not registered on their unit but are studying the same or a related course of study or module or segment.
Policy for students
3.8 Recordings are a valuable supplemental resource, not a replacement for attendance at teaching activities unless the University has specified this as a reasonable adjustment for a student with a disability or for a student, who through no fault of their own, is unable to attend in person. Students are still expected to attend all scheduled learning activities if they are medically able to do so.
3.9 It is expected that normally students will use recordings made through the University’s teaching capture system. Exceptionally, students may need to make their own recordings. In these instances, students will be required to obtain permission from the staff member responsible for delivery of a particular unit if they intend to make a personal recording of a teaching session (for example, through mobile phone recording). All such requests should be made in writing prior to the teaching activity (at least 24 hours in advance) and to the staff member(s) who will be presenting. Retrospective requests are not permissible. Covert recording of teaching activities will be treated as a breach of the Student Disciplinary Policy (Regulation 7) and disciplinary action may be taken.
3.10 In small-group situations where recording is required or requested (in the case of DAPs, Interim DAPs or online remote group activities) other students should be advised that it is to be recorded.
3.11 If a student has made a personal recording outside of the University’s capture system they will be required to securely destroy this (and any derivatives or copies, for example data which is linked to the Cloud) once their learning needs have been met. This will always be before the student leaves the University, and shall normally be by the end of the assessment period to which the unit relates. Contravention of this will be considered as a breach of the Student Disciplinary Policy (Regulation 7) and disciplinary action may be taken.
3.12 Recordings of teaching activities may only be made for the personal and private use of a student. Students may not share recordings with others (except to generate a single written transcription for their personal use) or publish such recordings in any form (this includes, but is not limited to, the internet and hardcopy publication). Contravention of this will be considered as a breach of the Student Disciplinary Policy (Regulation 7).
3.13 Any recorded material used in a student assessment must be acknowledged and correctly referenced.
3.14 The University will, wherever possible, create “safe zones” in teaching spaces where students who do not wish to be captured in a recording may sit/place themselves, so as to avoid their image being captured. These details will be included in room “profiles”.
Disability Access Plans (DAPs) – including Interim DAPs
3.15 The University has a statutory duty to make reasonable adjustments (see 5.3) to eliminate disadvantage to students with disabilities under the Equality Act 2010. This includes an anticipatory duty to consider and take action in advance to remove barriers for disabled students generally, as well as putting individual adjustments in place where needed (see 1.4). In specific cases, permitting teaching activities to be recorded for or by a student with a disability will constitute such an individual reasonable adjustment and the student will have the right to make or access such recordings. These recordings will normally be made using the University’s capture system for quality purposes. Students are required to comply with the terms of this policy (and other relevant polices – see 6) when accessing recordings.
3.16 Where a student is permitted to make a recording outside of the University’s capture system they must confirm in writing (for example by email) that they will abide by the terms of this policy.
3.17 As per 3.3 and 3.4, if a member of staff has chosen not to record, they will be expected to specify to communicate to students what alternative adjustments and/or materials they will make. Alternatives to typical teaching capture will normally be made using University’s systems and may include:
- only capturing presentation screens (PC/Visualiser) with audio
- recording the presentation's slides with audio commentary
- the normal capture process with the camera pointed away from the presenter
- pre-recorded versions of lectures
- podcasts with notes
- detailed notes accompanying lecture materials (for example, annotated slides)
3.18 Alternatives to teaching capture normally will not be applicable if teaching recording is a requirement rather than a recommendation to ensure the student is not disadvantaged. This will be clearly stated in a student’s DAP or Interim DAP.
3.19 If a member of staff does not cooperate and assist the University in making anticipatory and/or individual reasonable adjustments to support a student’s learning, they may face disciplinary action and could also risk incurring personal liability for unlawful discrimination.
University use of recordings
3.20 The University will protect staff in exercising their legal right to take action. In instances of Industrial Action, the University may not use recordings to replace the University staff’s teaching without the teaching staff member’s consent. Where a request for consent is made after the conclusion of Industrial Action, a refusal will not in itself be considered to constitute strike action, action short of a strike.
3.21 Recordings will not be used by the University for staff performance review without the staff member’s permission.
3.22 Recordings will not normally be used as part of staff disciplinary processes (including investigation) without the lecturer’s permission, unless the alleged offence could constitute misconduct in accordance with the Staff Disciplinary Policy.
Data management
3.23 All data captured through the University recording service will normally be retained for a period of two years following the end of the academic year in which it was recorded, in accordance with Section 7.i of the Intellectual Property (IP) Policy. The content will normally be removed after this time. Academic staff may however request that their recordings are no longer used for any purpose whatsoever by the University prior to the default removal date.
Any such request must be received in writing by their Head of Department. If such a request is made, then the recordings will normally be deleted following any final assessments, exams, resits, or supplementary assessments relating to the module(s) being studied by their students. This process may be overridden by the needs of students on the programme, for example if they have a relevant DAP.
3.24 If staff have chosen this option, recordings made using University systems will be released to students three working days after completion of recording. Lecturers may review or edit a recording prior to release; alternatively, they can make recordings available for immediate release or manual release if they would prefer to by logging on to the system themselves.
3.25 All personal data captured in recordings will be managed in line with the University’s Data Protection policy. Students will be notified annually that recordings may take place, via the Data Protection Information for Students, which is provided (and which students agree to) as part of their registration process. Standard notices are also displayed in centrally managed rooms which utilise the teaching capture system, so that persons whose images may be captured are made aware of this.
Intellectual property and other legal considerations
3.26 Unless separate contractual terms apply, the University owns the copyright in the actual digital recordings (the recording itself) which it or its employees make in the course of their employment (or in the course of any duties assigned to them). This is also the case where a recording is made automatically, and the University has made the arrangements for that to happen.
3.27 The lecturer will own any copyright that exists in the spoken words once captured by the recording as their scholarly output.
3.28 The University agrees and acknowledges that all performers’ rights that academics or students may have in their performances which may be captured in teaching activities are owned by the employee or student. Consent for the University to record performances and to make use of academics’ and students’ performers’ rights are dealt with in the University’s Intellectual Property policy. The Intellectual Property (IP) Policy outlines how consent is provided for the University to record the ‘performance’ and use the recorded teaching subsequently.
3.29 The University also recognises that in the context of teaching capture another type of legal rights, called ‘moral rights’, may arise in the audio recording element of performances. These too are owned by the relevant employee or student giving such performance. The University will normally acknowledge authorship by academics on reproduction of those recordings, if any element has been written or fixed by them before the session. However, in some limited circumstances staff or students may be asked to waive their moral rights in their performance in a recording. For more information please see the Intellectual Property (IP) Policy.
3.30 The University is permitted to process personal data that is included in teaching activities and other recordings where it has legitimate reasons for doing so. This permits the making and sharing of such recordings. Staff and students provide their consent to being recorded in their contract of employment or upon registration. Please see the University’s Data Protection guidance for more information.
3.31 All staff must comply with copyright legislation when delivering teaching activities and partaking in educational activities. It is therefore important that they do not include third-party materials in their teaching sessions unless they are legally permitted to do so. Guidance on using third-party materials is available on our copyright pages and media usage guides. Staff are encouraged to make use of freely licensed and Creative Commons content wherever practical. There is also specific guidance on University lecture recording and copyright.
3.32 As with University of Bath staff, if an external lecturer or speaker is to be recorded, they must complete an appropriate consent form. The University of Bath will own the copyright in the digital recording that is made. The external visiting lecturers (or their employer as appropriate) will, however, retain copyright in their words/scholarly output and any other intellectual property rights they generate, and by accepting the terms of the external visiting lecturer consent form on teaching recording, they agree to grant the University a non-exclusive licence to use the recording.
3.33 When external persons (i.e. people who are neither University of Bath staff nor students) partake in a ‘live’ or pre-recorded teaching session, then they should provide explicit consent to being recorded in advance through completing a photography and filming consent form.
4. Responsibilities
4.1 The Vice-Chancellor
The Vice-Chancellor, reporting to Council, has overall responsibility for ensuring compliance under the Equality Act 2010 at the University. Senior Managers implement and promote the principles and behaviours embedded in University policies and procedures. The Vice-Chancellor delegates responsibility for undertaking aspects of these duties through line management and identified roles.
4.2 Heads of Department
Heads of Department are ultimately responsible for ensuring staff use teaching capture appropriately, and are the point of Departmental oversight and escalation for the implementation of Reasonable Adjustments in line with the University’s Framework for Reasonable Adjustments and associated Procedure (see 1.4). They should ensure appropriate processes are implemented within their departments to make staff aware of students with relevant DAPs, Interim DAPs or with legitimate reasons why in-person attendance is impossible, and oversee the implementation of adjustments in response.
4.3 Directors of Studies
Directors of Studies (DoS) access students’ DAPs (and Interim DAPs) via SAMIS and, working with Unit Convenors, lead a course-wide approach to ensure that:
- all students have access to appropriate materials to catch up on and/or revisit teaching sessions in line with the University’s Framework for Reasonable Adjustments (see 1.4)
- individual adjustments (as recommended in a DAP or Interim DAP) are communicated to all staff delivering the course and are consistently implemented across the course.
They also meet with students regarding individual adjustment needs as required (for example, where a DAP/Interim DAP adjustment cannot be accommodated as written, where a student raises an issue, or wishes to discuss a new adjustment need). They refer any issues arising to the relevant Head of Department.
4.4 Unit Convenors
Unit Convenors access students’ DAPs (and Interim DAPs) via SAMIS and ensure at unit level that:
- all students have access to appropriate materials to catch up on and/or revisit teaching sessions in line with the University’s Framework for Reasonable Adjustments (see 1.4)
- individual adjustments (as recommended in a DAP or Interim DAP) are consistently implemented. They also confidently and quickly refer students to appropriate process for individual adjustments (Disability Service and/or DoS).
4.5 Doctoral Supervisors
Doctoral Supervisors access students’ DAPs (and Interim DAPs) via SAMIS in order to:
- review DAPs (or Interim DAPs) /individual adjustments communicated by DoS of advisees and ensure individual adjustments are made
- refer students as needed to the Interim DAP process (managed by the Disability Service) and notify the DoS, so they are able to provide input as required to the development of interim adjustments
4.6 Staff and students who teach and support learning
All who teach and support learning are expected to take an inclusive and anticipatory approach, and that all students have access to appropriate materials to catch up on and/or revisit teaching sessions in line with the University’s Framework for Reasonable Adjustments (see 1.4), and (b) that individual adjustments (as recommended in a DAP or Interim DAP) are enacted.
4.7 AV Services and DDaT
Audio Visual (AV) Services in Digital, Data and Technology (DDaT) provides support for the infrastructure and technology in the learning spaces to allow for physical capture of the learning activities. This also includes liaising with any provider of services (such as storage and software), to allow for management and integration with University systems. DDaT will facilitate any scheduling integration to allow for sessions to be selected for capture, in liaison with the Timetabling function of the Academic Registry.
4.8 Library
The Library is responsible for advice on the use of media and copyright processes in teaching capture.
4.9 Disability Service
The Disability Service provides information and guidance for applicants, students and staff and coordinates the provision of support services for students with disabilities in collaboration with academic and professional service departments, including ensuring students have full access to course content and materials. The Disability Service recommends teaching capture and/or asynchronous versions of live sessions as a reasonable adjustment to support students’ learning. This recommendation is documented and made available to staff and students as part of the Disability Access Plan (DAP) – including Interim DAPs. DAP (and Interim DAP) recommendations for teaching capture and/or asynchronous versions of live sessions will explain the associated conditions, including the need to abide by the terms of this policy where applicable.
Directors of Studies and Unit Convenors receive notification of student DAPs (and Interim DAPs) and access SAMIS for information detailing students’ recommended Teaching Capture and/or asynchronous versions of live sessions.
4.10 Centre for Learning and Teaching
The Centre for Learning and Teaching (CLT) provides guidance and information to staff on the appropriate use and best practice of the capture and recording of teaching and learning activities, and appropriate alternatives (such as those listed in 3.17). This includes provision of clear, accessible guidance around appropriate use of recordings as they relate to the Virtual Learning Environment and teaching capture system(s).
4.11 Students' responsibilities
All students are responsible for using recorded teaching appropriately to support their learning experience, in accordance with the policy outlined in this document. If a student believes they are not receiving an anticipatory adjustment (a recording or appropriate alternative), or an individual adjustment recommended in their DAP (or Interim Disability Access Plan), they should contact their Director of Studies, who can discuss this and review the approach taken across the course. Students may also wish to seek support from the Disability Service to discuss their individual adjustment needs at this point.
4.12 Assistive Technology
The Assistive Technology team provides and supports access to software that enables students with approved DAPs (and Interim DAPs) to make supplementary recordings of their teaching. Other notetaking tools and resources may be available to all students through wider University services.
5. Definitions
5.1 Teaching activity
Any teaching activity (including lectures, seminars, workshops, public lectures) delivered as part of, or related to, a programme of study at the University.
5.2 Disability
Under the Equality Act 2010, a person has a disability if they have a physical or mental impairment, and the impairment has a substantial and long-term adverse effect on their ability to carry out normal day-to-day activities. 'Substantial' is defined by the Act as 'more than minor or trivial'. An impairment is considered to have a long-term effect if it:
- has lasted for at least 12 months
- is likely to last for at least 12 months, or
- is likely to last for the rest of the person's life
5.3 Reasonable adjustments
Reasonable adjustments, including anticipatory adjustments, are variations or alterations made to University premises and/or procedures, teaching or assessment practices, to enable students with disabilities to engage with their course, demonstrate their learning and participate fully in university life. The Equality Act imposes a duty on the University to make reasonable adjustments, including an anticipatory duty to consider and take action to remove barriers (which would otherwise place them at substantial disadvantage) for disabled students generally and, where the need arises, individually. This duty applies to:
- a provision, criteria or practice, for example, teaching, accommodation, social activities
- physical features; for example, access to teaching and general facilities
- the provision of auxiliary aids such as information in accessible formats, like hearing loops
5.4 Considering what is reasonable and practicable
In considering what adjustments are reasonable and practicable, this must take account of various individual circumstances and the course/unit context, but should include consideration of both:
- the effectiveness of an adjustment in addressing the disadvantage experienced by a student as a result of their disability, long-term health condition and/or specific learning difficulty
- the operational feasibility of implementing an adjustment in terms of resource and time (alternative adjustments should be considered where there are barriers to implementation)
For the purposes of this policy, in defining what is “reasonable”, universities are not required to compromise genuine “competence standards”. Information on competence standards is set out in the Procedure for Making Adjustments to Learning, Teaching & Assessment.
5.5 Staff
The term ‘staff’ refers to any individual who contributes to teaching, learning or assessment (including these activities within doctoral programmes). This definition includes technicians, graduate teaching assistants, external contributors (for example, guest lecturers or industry professionals), Faculty/School professional services staff involved in teaching, learning and assessment, as well as central professional services teams and other learning support roles such as those in the Skills Centre.
Related University policies, procedures, and guidance
5.6 The Quality Assurance Code of Practice
The Quality Assurance Code of Practice provides the key reference point for information on academic principles and processes, roles and responsibilities. The following policies and procedures provide particular guidance in dealing with students with disabilities.
The QA3 approval of new programmes of study contains guidance about reasonable adjustments to modify Programmes of Study for an individual student.
5.7 University of Bath IP Policy
The University of Bath IP Policy sets out the University’s position on the recording of teaching activities and other presentations.
5.8 Staff guidance
Information for staff about teaching and supporting students with disabilities, disability services, and Disability Access Plans is available from Student Services.
6. Other related University regulations and policies
- Dignity and Respect Policy
- Disabled Students Policy
- Health and Safety Policy
- Health and Wellbeing Support for Study Policy and Procedure
- Individual Mitigating Circumstances & Assessment
- Intellectual Property Policy
- Postgraduate Taught Assessment Regulations
- Procedure for Reasonable Adjustments
- Records Management Policy and Procedures
- Regulation 15 Assessment of Undergraduate and Taught Postgraduate Programmes
- Rule 2 (Conduct of examinations)
- Undergraduate Assessment Regulations
- University Data Protection Guidance
- University Copyright Guide