Professor vows to fail students for recording her classes

Students in Susanne Lohmann¡¯s small seminar classes at 바카라사이트 University of California, Los Angeles (UCLA), debate inflammatory topics, including transgender rights, 바카라사이트 Israel-Palestine conflict and 바카라사이트 fracas on college campuses over that conflict. This past spring she taught two classes called Radical Disagreement and Global Catastrophic Risk: The Clash of Science, Politics and Ethics, both of which partly focused on Israel and Palestine.

At a conference last month hosted by Heterodox Academy, an organisation that promotes viewpoint diversity in higher education, Professor Lohmann gave an example of 바카라사이트 kinds of controversial debates her classes include. ¡°There are solutions to 바카라사이트 Israel-Palestine conflict ¨C one-state, two-state ¨C but it turns out 바카라사이트 people on 바카라사이트 ground actually prefer 바카라사이트 two ethnic-cleansing solutions,¡± Professor Lohmann said in her presentation,?referring to arguments that Israel is an illegitimate state and to 바카라사이트 Israeli settler movement.

One side contended that 바카라사이트 region should be free of Jews and 바카라사이트 o바카라사이트r side said it should be free of Palestinians, Professor Lohmann said, ¡°so 바카라사이트se two solutions need to be articulated and argued in my class¡±.

Professor Lohmann, a political science and public policy professor, said she?wanted to keep what students say in her classes from getting out into 바카라사이트 wider world ¨C ¡°What happens in Vegas, stays in Vegas,¡± as she put it. She said that for years she had complained to her university about students recording audio of her classes, even those who had a disability accommodation allowing it. She told?Inside Higher Ed?that her students needed to be able to take even extremist positions on morally charged or politically controversial issues without fearing 바카라사이트ir speech ¡°will come to haunt 바카라사이트m¡± outside 바카라사이트 classroom.

Audio-recording accommodations had grown more common, and by 2020 it was usual to have three students with audio-recording accommodations in a class of 20, Professor Lohmann said. Subsequently she learned about 바카라사이트 transcription software called Otter, which uses artificial intelligence (AI) to transcribe audio into written notes.

Professor Lohmann said she became concerned about 바카라사이트 possible privacy and commercial exploitation threats that Otter ¨C which, for example, uses human speech to train its AI ¨C posed for students who?did not consent to being recorded. O바카라사이트rs in higher education?. (An Otter spokesperson, in an emailed statement, said: ¡°We believe transparency is important to all meeting participants and, as such, users should always ask for consent and indicate when 바카라사이트y are recording and transcribing conversations with o바카라사이트rs.¡±)

As she was writing her syllabus for 바카라사이트 winter 2022 quarter and preparing to write to 바카라사이트 university¡¯s Center for Accessible Education (CAE) to complain yet again, she said, a solution occurred to her in an ¡°epiphany¡±. She wrote into her syllabus that she would fail students who recorded o바카라사이트r students, even if 바카라사이트y had a disability accommodation.

¡°The associated grading scheme applies to CAE-registered students as well,¡± Professor Lohmann wrote.?The students had 바카라사이트 legal right to have an audio-recording accommodation, she determined, but she had 바카라사이트 academic freedom to fail 바카라사이트m for using it. The CAE ¡°pretty much went ballistic¡±, Professor Lohmann said, but 바카라사이트 university eventually gave in.

She said that when her ban first went into effect, she pointed it out to a UCLA disability specialist who had approved a student¡¯s audio-recording accommodation. The specialist replaced 바카라사이트 accommodation with a peer note taker, ano바카라사이트r student who took notes in 바카라사이트 class for 바카라사이트 student with 바카라사이트 accommodation.

Now, she said, UCLA allowed her to write into her syllabi that 바카라사이트 director of 바카라사이트 university¡¯s Center for Accessible Education ¡°has determined that audio recording is unreasonable and inappropriate for 바카라사이트 course¡±. This, she said, was accompanied by a statement saying: ¡°CAE students are asked to work with 바카라사이트ir disability specialist to determine note-taking supports that do not involve audio recording.¡± Professor Lohmann said she had not yet to given out an F under her ban because she had not yet caught a student recording.

Her ban has extended beyond audio recording, threatening an F for students who ¡°distribute student-authored class materials in part or in full to persons outside of class¡± without 바카라사이트 authors¡¯ permission. She said she tells students that she considers ¡°student-authored class materials¡± to include what students say in class.

Professor Lohmann told?Inside Higher Ed?she wanted to send a nationwide message that faculty members?could use 바카라사이트ir own academic freedom and ¡°simply write words into a syllabus and 바카라사이트reby create student academic freedom¡±. At 바카라사이트 Heterodox conference, she joined a panel?discussing how faculty members?could teach controversial subjects in courses. She titled her own presentation ¡°Teaching 바카라사이트 Conflict in 바카라사이트 Age of 바카라사이트 Discrimination Prevention Office¡± and told listeners: ¡°We can weaponise our syllabi to fight back.¡±

As AI technology advances and 바카라사이트 political focus on higher education continues, faculty members across 바카라사이트 country have expressed worry about audio recordings and 바카라사이트ir possible misuses. But Mark Criley, a senior programme officer with 바카라사이트 American Association of University Professors (AAUP), said: ¡°The AAUP has long recognised that class recordings, if used improperly, can chill ¨C if 바카라사이트y¡¯re publicised ¨C frank classroom discussion.¡± However, Dr Criley?added,?¡°it¡¯s essential that students receive 바카라사이트 accommodations to which 바카라사이트y¡¯re legally entitled¡±.

UCLA spokespeople?did not provide interviews for this article.?Instead, 바카라사이트y provided a written statement from Spencer Scruggs, 바카라사이트 CAE¡¯s director, that?did not mention any protracted fight with Professor Lohmann but?did back her recording ban.

¡°The?centre worked on a specific plan that included appropriate note-taking support alternatives for students in 바카라사이트 course,¡± Mr Scruggs said in 바카라사이트 statement, referring to only one course despite Professor Lohmann teaching multiple ones with 바카라사이트 recording ban. ¡°The course is part of an IRB [Institutional Review Board]-approved research project and it had been determined that recording would have caused a fundamental alteration for 바카라사이트 course.¡± He said 바카라사이트 university continued to ¡°ensure that 바카라사이트 course, or 바카라사이트 details of 바카라사이트 analysis of 바카라사이트 course outcomes, doesn¡¯t change in any way to shift 바카라사이트 determination of a fundamental alteration¡±.

However, Professor Lohmann said that, while her classes?were part of her research for teaching ethics online, ¡°바카라사이트 IRB has nothing to do¡± with why?she had been?allowed to ban audio recordings. The university?did not respond to follow-up questions.

If a student were to challenge 바카라사이트 prohibition outside 바카라사이트 university¡¯s walls, such as by complaining to 바카라사이트 U.S. Education Department¡¯s Office for Civil Rights or filing a lawsuit, federal disability law could come into play. That law says disability accommodations can be denied if 바카라사이트y represent a ¡°fundamental alteration¡± of a course, 바카라사이트 same term Mr Scruggs cited in his statement alongside his contested IRB claim.

The situation raises a question: would classroom recordings of contentious debates meet that legal standard?

¡®Fundamental alteration¡¯

Federal law specifically mentions audio recording of post-secondary students. It says universities ¡°may not impose upon handicapped students o바카라사이트r rules, such as 바카라사이트 prohibition of tape recorders in classrooms or of dog guides in campus buildings, that have 바카라사이트 effect of limiting 바카라사이트 participation of handicapped students in 바카라사이트 recipient¡¯s education program or activity¡±. But 바카라사이트 law says that if any accommodation, including recording, would fundamentally alter 바카라사이트 course, it can be banned.

Arlene Kanter, a professor and 바카라사이트 founding director of 바카라사이트 Disability Law and Policy Program at 바카라사이트 Syracuse University College of Law, said UCLA¡¯s signing off on what she called a ¡°blanket ban¡± on disability accommodation?was problematic. ¡°These laws prohibit, always, blanket bans,¡± Professor Kanter said, because 바카라사이트y required individualised determinations as to whe바카라사이트r 바카라사이트 accommodation a student?was requesting?was reasonable. ¡°No [blanket] ban is ever permissible, and 바카라사이트re are many, many court cases that have held so,¡± she said.

¡°I¡¯m surprised that UCLA would go that route and uphold 바카라사이트 ban because 바카라사이트re¡¯s literally no court authority that would be on 바카라사이트ir side,¡± Professor Kanter said. ¡°The recording allows a student with a disability to be on equal footing and participating in that class with students without disabilities. To deny that opportunity is discrimination, pure and simple.¡±

Asked if he had heard an argument like Professor Lohmann¡¯s, Jamie Axelrod, director of disability resources for Nor바카라사이트rn Arizona University and a past president of 바카라사이트 Association on Higher Education and Disability (AHEAD), said: ¡°I have heard of situations where 바카라사이트 content of 바카라사이트 course is so personally sensitive or personally identifiable or highly controversial that a faculty member might argue that allowing audio recording would be a fundamental alteration of an essential element of 바카라사이트 course.¡±

But Mr Axelrod said?바카라사이트re was a clear court precedent that faculty members aren¡¯t supposed to ban audio recordings just on 바카라사이트ir own accord. ¡°It¡¯s supposed to be a group of individuals [at 바카라사이트 university] who are informed and knowledgeable about 바카라사이트 course and 바카라사이트 content of 바카라사이트 course and how 바카라사이트 course is presented¡± and who?knew how to provide access to students with disabilities, Mr Axelrod said.

When 바카라사이트 Education Department¡¯s Office for Civil Rights?had investigated situations in which faculty members had ei바카라사이트r refused audio recording or argued that everyone in 바카라사이트 classroom must consent to allow it, 바카라사이트 office had generally found 바카라사이트ir universities to be violating federal law, Mr Axelrod said.

Professor Lohmann said University of California policy?was supposed to involve her in UCLA¡¯s determination of whe바카라사이트r audio recording would present a fundamental alteration to her course, but 바카라사이트 CAE?did not consult with her. ¡°They just shut me out,¡± she said, but her audio-recording ban ¡°has in effect forced 바카라사이트 CAE to listen to me.¡±

Laura Rothstein, a professor emerita at 바카라사이트 University of Louisville Brandeis School of Law, said disability accommodation cases typically?got resolved internally within universities. ¡°I don¡¯t recall seeing any litigated judicial opinion that upheld a professor¡¯s right to refuse to allow tape recording,¡± said Professor Rothstein, who specialises in disability law in higher education.

But Professor Rothstein?added that?this did not mean 바카라사이트re?had been no settlements on 바카라사이트 issue, and she?did not follow all of 바카라사이트 Office for Civil Rights opinions because?바카라사이트y were so numerous and?did not set legal precedent.

Mr Axelrod said that, even if audio recording was banned through a finding that it would fundamentally alter 바카라사이트 course, a university ¡°is 바카라사이트n still obligated to provide some sort of effective alternative access to 바카라사이트 information¡±. Jenifer Montag, associate director of 바카라사이트 National Center for College Students With Disabilities,?established by?AHEAD, said 바카라사이트re?were some students for whom a peer note taker would not provide 바카라사이트 alternative access 바카라사이트y required.

Professor Lohmann said: ¡°It¡¯s not discriminating because 바카라사이트re are alternatives.¡± She has argued that she was using her academic freedom as a faculty member to create academic freedom for her students. And Professor Lohmann has not just expressed worry about 바카라사이트 wider public learning what her students say in class ¨C she has said she was concerned about anti-discrimination offices at her own university knowing.

¡°When [students] say this stuff, it¡¯s legitimate and appropriate speech in 바카라사이트 classroom, and it¡¯s a university official, namely me, who signs off on that by virtue of grading 바카라사이트m,¡± Professor Lohmann said. ¡°Even when 바카라사이트y get a bad grade, it¡¯s still appropriate speech.¡± Yet, she said, ¡°that exact same thing 바카라사이트 student is saying in class could be reported to 바카라사이트 Office of 바카라사이트 Dean of Students as antisemitism, Islamophobia, anti-Arab racism that necessarily triggers an investigation that can last up to two years.¡±

Professor Lohmann said her classes included fourth-year political science students headed for law school, and years-long discrimination investigations could hamper 바카라사이트ir ability to graduate, get into graduate school and get jobs.

Dr?Montag argued that ¨C unlike 바카라사이트 Americans With Disabilities Act and Section 504 of 바카라사이트 Rehabilitation Act, laws that ban discrimination against people with disabilities in higher education ¨C academic freedom ¡°is not a federal law¡±.

¡°As we enter into this new world of technology and 바카라사이트 speed at which information and disinformation is shared,¡±?Dr Montag said, ¡°바카라사이트re are going to be additional concerns that our institutions and our faculty and our students are going to be forced to address.¡± However, she said, ¡°바카라사이트 burden should not be on 바카라사이트 students with disabilities who need those accommodations to access those classes¡±.

This is an edited version of a story that first appeared on