On some campuses there are classrooms with video
equipment recording what is going on in those rooms when there are people
within them for the sake of observing the computer equipment in order to
determine who might tamper with or attempt to remove or steal the
equipment. CUNY administrators having video cameras recording
classes when in session for any reason related to administration and not
to the teaching and learning activities is wrong in many ways. It is
wrong as a violation of privacy. It is wrong as being pedagogically
unsound. Perhaps those who decide to do this thing do not consider the
impact on teaching and learning- the mission of the university. Perhaps
they did not consider the possible legal liability assumed by the
university by the practice or the potential consequences on the personnel
review process should the images, sounds or derived information from such
sources become available to anyone who should not have that information.
When the recordings are made others may view them. They
may be copied and distributed, with or without authorization. Having
them on computers and servers that are part of any network exposes those
files to access by any number of parties. What does that do to
the instructor and to the class to know that they are being monitored and
can possibly have all that they do and say made available to many others?
Many students do not like being observed or having their photos taken.
What will they think of having digital recordings of what they do in the
class? Beyond the lack of respect shown to the persons and to the
process of education by this practice of observing and recording,
what of the chilling effect on the sorts of techniques instructors might
use (e.g., Devil's Advocate) and on the sort of exchanges that should
occur between and amongst the students and instructors.
There is no compelling argument for the operation of
such recordings for the sake of the security of machinery (computers and
projectors, etc...) in the room when there are alternative methods for
providing for the safeguarding of such equipment without the recorded
observations taking place whenever there are persons in the room. The
teaching and learning should be regarded in practice as being more
important than the machinery.
There is an instructive analogy involving dressing
rooms and cameras to detect shoplifting of garments. There is reasonable
expectation of privacy in dressing rooms and there are other methods to
protect inventory. Thus, the cameras are ruled illegal. In CUNY students
have a reasonable expectation of privacy in a classroom. If the digital
recordings being captured and stored on networked computers and servers of
the college are accessed by those other than the "security" personnel or
by those outside of the CUNY system those students whose images appear
before others who are not members of their class would most probably have
cause for a law suit. Imagine what the consequences might be of
unauthorized CUNY classroom videos appearing on websites or still photos
in newspapers and periodicals. Excerpted and edited scenes of instructors
playing the role of devil's advocate or agents provocateur might make good
copy and fodder for those who look to criticize CUNY at every opportunity.
Faculty have an expectation that any observations of
their teaching will take place in accordance with the provisions of the
contract. Should any image or information obtained by the method of
digital recording of events in the classroom for whatever purposes, become
available to anyone who is part of the process of personnel review that
would constitute grounds for a grievance as information obtained in
violation of the terms for observations of classroom teaching.
Privacy is important for educators. Whether in
their relationships with individuals or in the conduct of their class,
privacy is an important value that ought to be acknowledged and, provided
for and protected.
Privacy is a value held closely by most people and
often the right to privacy is recognized by a society through the
enactment of legislation or regulations. In education privacy is
valued. There is a privacy that is needed for the development of
close relationships between human being and between peers and between
educators and their students. Without privacy several forms of
intimacy are not going to be possible. Privacy is needed for many
relationships and this includes relationships that educators enter into in
order to do some of the many things that are their professional
responsibilities. Privacy is important when students are being advised,
counseled and tutored. But privacy is not only valued in
relationships between individuals. There are also reasonable
expectations of privacy and the need for privacy with various groups.
Privacy is needed and even necessary not only in the
dealings of the teacher with the student on an individual basis but also
with groups of students, classes. Why should there be an expectation of
privacy in the classroom? Why should there be a right to privacy
in a classroom that often is occupied by many people? The answer
that provides the basis for both the right and expectation of privacy is
located in basic teaching
and learning that is expected to go on in the classroom.
There are at least three types of privacy: physical,
social and psychological. While the teaching and learning process involves
all three of these, physical privacy, however, is active as a concern only
in the physical classroom and not the virtual classroom. Physical
privacy relates to our bodies and not just to our "private parts". It is
of great value in relation to self image and self esteem and to the basic
sense of self. As we age few of us are prepared to have others see us as
we first arise from our beds in the morning. We need to prepare to go out
into the public sphere and for that we put on our public face and at times
our 'game face". Social privacy relates to the ways in which we interact
with others and that involves the various forms of being with others. We
have reasons why we do not want others to observe our communications with
certain others be they in written form or facial expressions or oral
expression or electronic data transfers. The observations of others
intrudes upon and alters the nature of the private relationship with the
particular other and can even on occasion destroy not only the intended
communication or transmission of feeling but even the relationship.
Psychological privacy involves the very thoughts and feelings of the
human. Such privacy is needed for the development and preservation of the
individual self. Some particularly cruel forms of torture aim at
destroying resistance by destroying the individual sense of self through
violations of all forms of privacy but in particular the psychological
realm.
What has this to do with teaching and learning? It is
not an accident that in all the classrooms the door is usually closed.
From kindergarten class to the university class or graduate seminar the
classroom is for the teacher and the students with the door usually kept
closed and others enter by invitation or with permission. The door is closed
to prevent distractions and as a provision for establishing a space where
teacher and students alike feel safe with one another in “their” class, in
“their” space.
In the relationship between the instructor and the
learner there needs to be a degree of trust on the part of each for the
other. Often instructors are attempting to lead from (educate) the
student the enunciation of their opinions, views and beliefs and induce in
them a critical thinking process and so at times those closely held
thoughts are going to be subjected to a critical review and promptings to
reflect upon them for possible reconsideration. The student is expected
to do this in the classroom (physical or virtual) with fellow students who
are sharing in the experience and are being encouraged to do likewise.
There is the expectation that there will be honest communications
occurring. Now insert into this the possibility that at any time parties
unknown may be viewing or listening in on what is going on without the
foreknowledge or forewarning. It is not only reasonable to think but well
warranted to conclude, based on observing students during classes when
"outsiders" are present in the room, that the students will be more
guarded and reserved and perhaps less honest. The presence of the one not
involved in the exchanges and not having a stake in the enterprise is not
usually a presence that is contributing in a positive manner to the actual
exchanges. They are distractions at best and interference at worst even
an inhibiting factor.
Privacy and Students
Beyond the concern for the impact on the effectiveness
of the pedagogic program there is the concern for the impact on the
student. If students are revealing personal information during some
classroom exchanges expecting only those present to share in it then the
availability and dissemination of this information to other parties beyond
that classroom may violate federal statutes and regulations with regard to
their privacy.
Some students are quite sensitive and anxious about
appearing before others and in particular to speaking before or with
others in the classroom. Some take quite a while to open up in class.
There are many reasons for the reticence including personal appearance,
language skills and self esteem issues. What does the possibility that
someone is observing such a student who is not known to that student do to
comfort level and the willingness to participate in the instructional
program? Instructors are responsible to create and maintain an
environment conducive to learning. Having strangers in the classroom and
unannounced visitors and, worse still, official observers, is not likely
to be supportive to that effort. So, students have a concern for their
physical, social and psychological privacy within the classroom space.
Privacy and Faculty
Faculty may want the classroom to be a private place
restricted to teacher and learners for a number of reasons related to
instruction. Any or all of these reasons can be overridden on occasion or
for entire semesters. Faculty want to develop a set of relationships to
the learners and the class as a whole and intrusions of strangers or
outsiders into the class space threaten a disruption of those
relationships. It takes a teacher a while to develop those relationships
with learners to the point where the teacher has gained or earned the
trust of the student and a feeling that the teacher will serve and protect
the student.
Faculty understand that as they receive their initial
appointment they will be subject to evaluation of their performance in a
number of spheres and not the least of which is their teaching. They need
to know that such observations that are part of that process will be done
fairly and in a manner intended to assist them in the development of their
teaching effectiveness. Faculty need to know when they will be observed
and how they will be observed so as not to feel threatened by surprise
visits and surreptitious observations that might not obtain the whole
picture of what is going on in that class lacking the appropriate
understanding of context.
In time faculty develop a sense of accomplishment and
satisfaction and a sense of comfort along with the continuing sense of
being challenged and needing to do more with and for their students. The
seasoned veterans care little about surprise visits except for their
student's sakes and may even invite others into the class for
presentations and participation in exchanges. The tenured faculty members
have far less to fear than their non-tenured colleagues when they open
their classroom doors and then there are only the potential distractions
and disruptions of passersby to the presentation of instruction and the
learning exercises going on in the room.
Faculty as well as students have a concern for their
physical, social and psychological privacy while engaged in the activities
of instruction, advising and counseling. There are varying degrees of
concern given the basic personality types of faculty and the subject
matters taught and the groups of students and their physical learning
spaces. At times some care greatly and others care not at all. The degree
of concern may relate most directly with the years of experience and with
achievement of tenure.
So, there is often a need for the various forms of
privacy in the classroom whether it is a physical or virtual space and
this is the case because of what should be going on in that space.
Send comments on this position to:
ppecorino@qcc.cuny.edu