The SCEA Member Advocacy Center www.thescea.org/mac
Can I secretly tape record a meeting with my principal? The SCEA is frequently asked about the legality of using tape recorders to record meetings. For some teachers, tape recorders are simply a convenient way to take notes. For others, tape recording a meeting can prove helpful when there is a pattern of disputes about what is said in meetings. In South Carolina, a meeting can be tape recorded so long as at least one party, who is present in the meeting, consents. The individual who brings the tape recorder satisfies that requirement. See S.C. Code Ann. §§ 17-30-20. There are pros and cons to taping. When a tape recorder is sitting in the middle of the table, participants are sometimes uncomfortable and reluctant to speak freely. Moreover, a tape recorder can inhibit conversation, brain-storming and the creativity that is often needed to resolve conflicts. For teachers who are pulled into meetings without the ability to have a Representative with them, taping the meeting may help them because it is hard to take notes if you are stressed, worried, under the gun, being reprimanded and so forth. Many cell phones have the capability to record. School employees who want to record the meeting should not hesitate to take their phone to the meeting and request to tape it. HIDDEN TAPE RECORDERS SC law does not prohibit hiding the recorder, but is it ethical, proper, or professional? This is a controversial question without an easy answer. Everyone in a meeting should operate in an ethical manner and the meeting should be handled in a way that promotes confidence, trust and open communication. A teacher who wants to tape record a meeting should place the recording device so that everyone can see it, start the recorder and then ask for consent to tape the meeting. If there is an objection, the recording should stop. The request to record the meeting and the objection are then recorded. This may be useful later. SCENARIO: A teacher is summoned to a meeting with the principal to discuss a parent complaint. The teacher believes that she will be reprimanded. She doesn’t trust the principal. There is a history of the principal denying things he says in meetings. The teacher wants to secretly tape the meeting so she has evidence of what is said, and as a way to have notes so she doesn’t have to write during the meeting.
The teacher should weigh this decision carefully. There may be backlash, if the taping is discovered. This kind of covert activity may interfere with the professional relationships needed to be successful. Here are some things to consider about secret taping: 1. Taping in secret sends the message that the teacher does not trust the others in the meeting. Is that the message the teacher wants to send? 2. Taping in secret creates an impression that the teacher is sneaky and hides things. If the teacher would tape in secret, what else would she be secretive about? What else would she hide? 3. The individuals who were taped will worry about how the teacher will use the tape. Who else will hear it and why? 4. Once a teacher is discovered taping in secret, he or she may be shunned by colleagues or administrators who wonder if she is taping them. 5. The trust between employer and employee is broken. Trust is more than a touchy-feely thing that’s nice to have. The bottom line is that if you and your employer don’t trust one another, you won’t be happy in your work, you may not be successful and you may not be there long. Relationships matter, and trust is important in developing and maintaining professional relationships. 6. Taping, openly or secretly, may jeopardize confidential student information. Tape recording in the education environment is one that must be considered from many angles. Surveillance of employees already occurs when the district monitors e-mail, and teachers have come to understand that they have no expectation of privacy when using their school computers. But, when it comes to conversations, employees still expect to be able to talk to one another without being secretly recorded. TECHNOLOGY AND TAPING IN THE CLASSROOM Technology and the use of cell phones, recorders and student laptops to record is a growing concern for school employees. Students can easily hide a tape recorder in their book bag and tape the teacher and classmates. There is no doubt that technology has brought a new vulnerability into the school setting. If school employees always assume they are being secretly taped, they will be more attentive to what they say and how they say it. The latest tech toys give adults and students a lot of opportunities to watch, listen and “catch” and this is creating an increasing amount of concern. Teachers who become paranoid may not be able to deliver their best teaching. Teachers who discover that a student is tape recording the lesson should address that situation consistent with school and district policy. If there is no district or school policy, discuss the situation with administration. SC Code of Laws 59-63-280 requires each district to adopt a policy on the possession of phones and other “paging devices” by students. The policy must include conduct standards. This allows districts to establish policies against audio or video recording by students without permission. Members seeking guidance on these issues are encouraged to contact The SCEA. Questions or Comments? help@thescea.org