3.35 RECORDING OF CONVERSATIONS AND WORKPLACE ACTIVITIES

Effective: March 19, 2026

Purpose: The purpose of this policy is to promote a professional work environment, protect confidential and sensitive information, support candid communication, and ensure compliance with federal and state law. This policy establishes the conditions under which employees may create audio, video, or digital recordings on University property or in the course of University business.

Scope: This policy applies to all employees of Emporia State University, including faculty, staff, student employees, graduate assistants, and temporary personnel. This policy also applies to contractors and volunteers when they are performing services for the University.

Policy Statement: Employees may not create recordings of conversations, meetings, or workplace activities that involve other employees, students, or members of the public while performing University business unless one of the conditions in the following section applies.

A recording is permitted only when one of the following conditions is met:

• All participants provide consent before the recording is made;
• Advance written approval has been granted by a supervisor, department head, or the Office of General Counsel for a legitimate business purpose, including but not limited to training, documentation, academic instruction, or safety;
• The recording is required or expressly authorized by law, regulation, University policy, or court order; OR
• The recording is made by authorized University personnel in the course of official duties where recording is a normal or necessary function, including but not limited to teaching and other course related activities, law enforcement activities, emergency response, disability accommodation services, or facility security systems.

Secret or surreptitious recordings of workplace conversations or activities are prohibited.

This policy does not restrict an employee from reporting misconduct, discrimination, harassment, fraud, or other violations of law to appropriate authorities. Nothing in this policy is intended to interfere with rights under Title VII, Title IX, the Kansas Open Records Act, the Kansas Whistleblower Act, or other applicable statutes.

The University may prohibit or limit recordings in any area where sensitive, confidential, or protected information is discussed or stored, including human resources offices, legal counsel offices, health treatment areas, research laboratories, information technology facilities, or locations where student education records are present.

Any approved recording must be stored, used, and shared only for the business purpose for which approval was granted.

Recordings may not be altered, edited, or disclosed to unauthorized persons without written authorization from the University.

All recordings created during the course of University business are University property.

Policy Enforcement

Violations of this policy may result in disciplinary action, up to and including termination, consistent with applicable University and Kansas Board of Regents policies and procedures.

Unauthorized recordings may be confiscated or deleted when legally permissible. The University may require the immediate cessation of any recording that violates this policy.

Supervisors are responsible for ensuring that employees understand and comply with this policy and for evaluating requests for recording approval.

The Office of General Counsel will provide guidance regarding the interpretation of this policy and applicable laws.

The University Police and Safety Department and Information Technology unit is responsible for security related recordings and surveillance systems operated by the University.

Definitions: All words and phrases shall be interpreted utilizing their plain meanings unless otherwise defined in University or Board of Regents policy or by statute or regulation.

Consent – Express permission by all participants in a conversation or activity that is recorded. Consent must be documented in writing or provided through a University approved process.

Recording – Any audio, video, photographic, digital, electronic, or similar capture of sounds, images, or activities, whether through University owned or personal devices.

Secret or Surreptitious Recordings of Workplace Conversations or Activities – Recordings of conversations, meetings, or workplace activities that are created without the knowledge of all participants and without disclosure that a recording device is being used and that does not meet one of the other exceptions for permissible recordings. A recording is considered secret or surreptitious when an employee intentionally conceals the act of recording, uses a device in a hidden or unobvious manner, or fails to inform participants when a reasonable person would expect notice before being recorded.

University Business – Any activity conducted as part of an employee’s assigned duties or responsibilities.

Procedures: All procedures linked and related to the policies above shall have the full force and effect of policy if said procedures have first been properly approved by the University’s administrator in charge of Human Resource procedures.