1042 Surveillance Camera Policy

Procedure:

To ensure the protection of individual privacy rights of those working, attending, or visiting Bay College, this policy formalizes the process of using video surveillance equipment on college property.

This policy provides guidelines regarding the use of surveillance camera systems and the placement of surveillance cameras located on Bay College property. The policy outlines the conditions under which stored images or video are to be used and when and how surveillance cameras are to be installed as part of crime deterrence, promotion of health, safety, and academic integrity, and to safeguard and monitor Bay College’s physical property.

This policy applies to students, employees (including student employees and faculty), and others who are employed or enrolled at any College campus, site, and/or location controlled by the College. It also applies to lease holders, contractors, service providers, and visitors. It applies to all Bay College grounds and facilities.

Bay College will use cameras in specific situations to support behavior as defined in Bay College Policy 4010 Student Conduct and Discipline, including testing, and policies 801 Employee Behavior Policy and 802 Workplace Violence Prevention Policy.

EXCLUSIONS:

1. Authorized financial institutions utilizing surveillance cameras to monitor bank locations and ATMs located on Bay College facilities.
2. Authorized law enforcement agencies utilizing surveillance cameras during investigations.
3. Video surveillance and electronic systems used strictly for academic purposes or the use of webcams that have no significant secondary security function. Such exceptions include systems used to deliver education, conduct research, conduct video conferencing, record public performances, record practices or rehearsals, record news or press coverage, produce promotional materials, or record construction progress.

DEFINITIONS:

1. Academic Integrity: A fundamental principle which is important to the College. Students are responsible for ensuring they are honest in their academic pursuits. Academic dishonesty means any behavior that misrepresents or falsifies the student’s knowledge, skills, or ability with the goal of unjustified or illegitimate evaluation or gain and includes cheating, plagiarism, and falsification of records.
2. Images: (see Video).
3. Privacy Areas: Areas such as bathrooms, lactation rooms, shower areas, changing rooms, and private offices; where students and employees will have a reasonable expectation of privacy.
4. Surveillance Camera: Any item, system, camera, technology device, and communications device used alone or in conjunction with a network for the purpose of gathering, monitoring, recording, or storing an image or images of College facilities and/or people in College facilities. Image capture may use any technological format.
5. Surveillance Monitoring or Recording: Using a camera or other related technology to observe, review, report, or store visual images for the purpose of determining crime and protecting the safety and security of Bay College.
6. Video: The comprehensive term for all recorded (still or action) images that are addressed as part of this policy. Can include, is not limited to, data, footage, images, recordings, and information.
7. Viewing: Observing the live camera feed as it occurs or viewing recorded images or video.

1041.1 Installation Procedures and Locations

The use of surveillance cameras is limited to uses that do not violate a person’s reasonable expectation of privacy, as defined by law.

Accordingly, surveillance cameras are not and may not be installed in any privacy areas, with the exception of private offices, in which case surveillance cameras may only be installed or removed at the request of the occupant(s) with the prior written consent of the person(s) with reasonable expectations of privacy in that private office.

The College’s use of surveillance cameras for monitoring or recording must be used in a professional, ethical, and legal manner consistent with all existing College policies, including policy 1060 Non-Discrimination & Anti-Harassment.

Tampering with surveillance cameras or unauthorized access to or duplication of recorded video is strictly prohibited. Surveillance cameras will be installed and configured to prevent tampering with or unauthorized duplication of recorded video.

Installations and/or new requests for installation of surveillance cameras will be directed to the Campus Security and Clery Compliance Officer. Feasibility will be determined by a team consisting of a designated representative from IT and Facilities. This team will have final approval on all aspects of the installation of any surveillance cameras on College property.

1042.2 Viewing Live or Recorded Video

Only authorized employees will be involved in, or have access to, surveillance monitoring. Position descriptions will define authorized employee. Authorization requests will be directed to accesscontrol@baycollege.edu. Requests will be communicated to Human Resources and the requestor’s supervisor. Authorized requests will include Human Resources modifying the job description to include the responsibility.

Requests to view recorded footage by non-authorized employees must start with a formal request to the Campus Security & Clery Compliance Officer, who will inform the authorized employee for the respective area and together will decide the proper course of action. Requested viewing will always be viewed with the appropriate level of personnel from the requesting department;

1. Requests to view student footage would involve the Vice President of Arts, Sciences, Diversity, Equity, and Belonging, the Vice President of Business, Technology, and Workforce Development, the Vice President of Student Services, the Manager of Testing Services, the Director of Accommodations, Director of Student Life, or an Academic Dean.
2. Requests to view employee footage would involve the Director of Human Resources.
3. Any requests from the public to view footage has to be processed through a Freedom of Information Act (FOIA) request or Family Educational Rights and Privacy Act (FERPA) and the President’s Office.

Any release of recorded data will be reflected on a written log with a report from the Campus Security & Clery Compliance Officer.

The existence of this policy does not imply or guarantee that cameras will be monitored in real time 24 hours a day, seven days a week; however, the College reserves the right to do so. The surveillance camera system does not guarantee that someone on College property is safe from crime or injury. There is no guarantee that Campus Safety and Security is going to observe and be able to respond to a crime in progress. Victims of crime should dial 911 or use the RAVE app (available to employees) to report.

1042.3 Storage and Retention

Recorded surveillance camera data will be retained according to the College’s record retention schedule, unless required for a continuing investigation of an incident, after which the recorded data will be erased or destroyed.

All recorded data will be stored on designated secured network video storage with secured and restricted access. Recorded data retained for investigation purposes will be strictly managed with limited access by the department responsible for the investigation.

1042.4 Release of Information

Information regarding general student conduct may be requested from the Campus Security & Clery Compliance Officer. Testing Services conduct may be requested from the Manager of Testing Services, the Vice President of Arts, Sciences, Diversity, Equity, and Belonging, the Vice President of Business, Technology, and Workforce Development and/or the Vice President of Student Services, or a designee.

College employees are prohibited from using or disseminating information acquired from surveillance cameras for any reason outside of the uses stated by this policy.

The Campus Security & Clery Compliance Officer can release recorded material to law enforcement for the purpose of investigation or to parties named in subpoenas or court orders requiring the release of recorded material in accordance with all relevant laws. A formal written request for information must be obtained and privacy protection adhered to when releasing recorded material.

1042.5 Statement of Accountability and Responsibility

The President, through the Campus Security & Clery Compliance Officer, shall be responsible for enforcing the surveillance camera policy and procedures.

The Campus Security & Clery Compliance Officer is responsible for ensuring surveillance cameras are operating as designed and for coordinating and providing training to authorized employees using the surveillance system. The Exec. Director of IT & Security is responsible for the maintenance and functionality of the backend systems needed to reliably use the surveillance system.

Employee violation of this policy will be subject to discipline up to and including termination.

Approval Dates:

Policy Origin Date: 07/15/2020

Procedure Origin Date: 07/15/2020

Procedure Revision Dates:
09/30/2020
06/15/2021
12/14/2021