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Is it illegal to record a meeting of students? |
I am in the middle of trying to clear my name of fraudulently using my instructors password to access the Blackboard site to view tests. 1 of 3 instructors has questioned our class of nursing students individually to try to filter out the culprit. All names (except mine and the culprit)were excluded. Everyone else knows it was "her", she is naming me. The director is completely on her side, and the other 2 instructors seem afraid to go over the dir. head. The director has been very unprofessional in handling this matter and she has been known to intimidate the students by threatening to kick them out of the program. She has approached the student body in groups in an attempt to intimidate, degrade and demean the students that she doesn't like, which is everyone that doesn't go to church, or kiss her bootie. She yells at us and expects respect from us, she tells us that she is sick of us, as well as threatening to kick us out of the prgm. I need proof..Is it legal to record? You must have their permission to record or it will not be used in court. It sucks that you are in such a position. You cannot get anyone that "knows" she did it to help you out and back you up? She cannot legally kick you out of the program without proof that you acted in a non-academic manner. I would talk to my advisor and then maybe go directly to her with the proof that it was not you or with witnesses. Ask your local Legal Aid Society. The answer varies from state to state. Most of the time unless you notify the person you are recording prior to beginning, it is illegal and inadmissable in court. That is the reason a warrant is needed for a telephone wiretap. Recording a conversation is no different most of the time. I would suggest talking to an attorney. I would record her tirades whether they are made to you or to a group, and make several copies. Also get written affidavits from any student or other party who has witnessed these tirades. The director doesnt have sole discretion in these matters! There is a Board of Directors, and then there are state government officials that have a say also. Also you can contact your state atty generals office and lodge a complaint. A school is a business like any other and not immune to scrutiny. The recordings may not be admissable in court but an atty general would be interested just the same! well, i'd say yes. Only law enforcement, because of the nature of their job, is prohibited from making illegal recordings with intent to prosecute. NOW, wheather or not your recording would be admissable as evidence, is up to the judge or whomever presides over this thing. Remember Monica lewinski? she was recorded in conversation with her friend, and it was allowed. So, to cover your ***, i would do it. Because you can't go back and re-record what was said in case you could use it. If you are one part of the of the audience being spoken with and to, you are able to legally record the meeting. You may be disallowed from using it in a court of law, in open court , but a judge may still listen to it, to check it's value and authenticity. In some states, such as Massachusetts, it is completely illegal to record anyone's voice without their permission and you would be brought up on criminal "wiretap" charges, even if it occurred in public. Whether it would be used as evidence in court is up to the discretion of the judge, but unlikely, as it would admit fruit of a crime (violating a statute), similar to an illegal wiretap by a law officer without a warrant (which violates civil rights). |
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