University Policy on Video Monitoring and Surveillance Activities

Introduction

The purpose of this Policy is to provide guidelines for the use of video camera monitoring, recording and surveillance on University property in a way that enhances security and aids law enforcement while recognizing the reasonable expectation of privacy among members of the University Community.  This policy applies to all faculty, staff, Schools and Departments within the University. Human subject and animal research are exempt from this policy and shall be governed by University policies governing research. This policy shall also not apply to legitimate uses of cameras for instructional purposes.

The existence of this Policy does not imply or guarantee that cameras will be monitored in real time continuously or otherwise.

Definitions:

Monitoring refers to viewing live or recorded  images from cameras and monitors that have been approved by the Senior Vice President for Operations and CFO or the Vice President for Administrative Services as his designee for the purpose of enhancing security and aiding law enforcement.

Surveillance, for purposes here, refers to a more focused type of observation on an individual or group of individuals that involves a closer degree of scrutiny related to the reasonable grounds to believe the person(s) who are the target of the surveillance are engaging in or have engaged in  unlawful activity. For any surveillance activity to occur, there must be some connection between the information collected and unlawful activity  and it must be approved by the Senior Vice President for Operations and CFO or the Vice President for Administrative Services as his designee prior to being conducted.


The Senior Vice President for Operations and CFO or his designee  may authorize any temporary installation as deemed necessary in connection with law enforcement investigation, to enhance security for special events or as otherwise deemed necessary to enhance security or aid law enforcement.

Permanently installed video equipment

 To enhance security and aid law enforcement it may be appropriate to permanently install video devices on the campus.  In such cases the following rules will apply:

1)     Individual departments, programs, or organizations wishing to permanently install video cameras  shall submit a written request to the appropriate dean, director, or department head with a statement justifying the benefit of installing such equipment.  The statement must include the proposed number and location of the device(s), as well as the purpose of the installation, whether the location of the cameras involve recording of activity by students, employees or the general public, and the name and title of the individual who will be responsible for reviewing the locations.  The source of funding for the installation must be specifically identified as part of the request.

2)     The appropriate dean, director or department head will forward the request along with his/her recommendation to the Senior Vice President for Operations and CFO or in his absence, his designee, the Vice President for Administrative Services.

3)    The Senior Vice President for Operations and CFO or his designee will review the request.  After consultation with the Office of the General Counsel the request will be approved or disapproved.

4)    Unless otherwise directed by the Senior Vice President for Operations and CFO or his designee, the individual department, program, or organization shall contact the Department of Facilities Services to oversee the installation of the  video recording equipment.  The Department of Facilities Services will coordinate installation with a designated contractor.   The contractor will coordinate integration of the system with Technology Services.

5)    A member of the campus community may file a written request to change the location or limit the visual range of a specific installation of video monitoring equipment based on a belief that it infringes on a reasonable expectation of privacy or other protected rights.  The request shall be submitted to the Senior Vice President for Operations and CFO  or his designee and shall (a) identify the location, (b) identify the right believed to be infringed, and (c) provide an explanation of how the video device installation infringes that right.  The Senior Vice President for Operations and CFO or  his designee will consult with the General Counsel and respond to the request within twenty (20) business days after receipt.  The response will be based on a reconsideration of the initial request to install the devices in light of the campus community member’s concerns. The decision of the Senior Vice President for  Operations and CFO or his designee is final.

6)    Within three months of the effective date of this Policy, all existing uses of  video monitoring and recording equipment on campus shall be brought into compliance with  all aspects of this policy, including the approval process outlined in the preceding paragraph. Those which do not conform shall be removed.

7)    No researcher or organization, whether faculty, staff, student, or the general public, is authorized to use these cameras or recordings from the cameras for research purposes.

8)    Monitors for video equipment shall be installed in controlled-access areas and shall not be viewable by unauthorized persons.

Training

1)     Camera control operators, and all persons with remote access ability to control cameras, shall be trained in the technical, legal and ethical parameters of appropriate camera use.
2)    Camera control operators, and all persons with remote access ability to control cameras, shall receive a copy of this policy and provide written acknowledgement that they have read and understood its contents.

Operation

1)     Video surveillance and monitoring will be conducted in a manner consistent with all existing university policies.  Video monitoring or surveillance based on the characteristics and classifications enumerated in the University Non Discrimination Policy (eg. race, gender, sexual orientation, national origin, disability etc) is strictly prohibited.  The only people authorized to monitor images and recordings are Tulane University Police Officers. Other individuals who may have a legitimate need to review recorded material may be permitted to do so upon approval of  the Senior Vice President for Operations and CFO or his designee, or other officials as authorized by the President.  
2)    If the Tulane University Police Department, in consultation with the President or his appointed representative, determines  it necessary to aid  law enforcement in an investigation or search, short recordings or image stills may be released to law enforcement, the media or the public.  Prior to releasing the recordings or images, the face and identifying features of all those persons not of interest to the investigation will be blurred. The Office of the General Counsel, in consultation with TUPD, will review and respond to subpoenas requesting video recordings. Requests for recordings made in connection with internal investigations or disciplinary matters shall be made to the Director of Public Safety.
3)    Video surveillance and monitoring will be restricted to those areas for which camera installation is approved in accordance with this policy.  In no case will surveillance or monitoring be extended by focusing cameras through windows into areas whose residents have a reasonable expectation of privacy (i.e. dorm rooms).
4)    The equipment utilized will be limited to video and/or still pictures, and there will be no aural acquisition of any communications.  

Storage

1)    Recordings will be stored in a manner consistent with available technology and transported in a manner that preserves security.  Both current and archived recordings will be secured.  All storage and access to recordings will be controlled by TUPD.
2)    Recordings used in law enforcement investigations or criminal prosecutions  shall be retained until the end of the court or judicial proceedings and appeal period unless directed otherwise by a court.
3)    Recordings may also be retained for other bona fide reasons as determined by TUPD, in consultation with General Counsel.
4)    Recordings shall be retained for 90 days and then will be erased or recorded over unless retained as part of a criminal investigation, a civil or criminal court proceeding, pursuant to a Presevation Notice issued by the Office of the General Counsel. No attempt shall ever be made to alter any recording.  Editing or otherwise altering recordings or still images, except to enhance quality for investigative purposes or blur features as described above, is strictly prohibited.
5)    Retained recordings will be destroyed at the appropriate time, which will be determined and directed by General Counsel.
6)    Transmission of recordings using the Internet or campus network will use encryption technology to ensure that recordings are not improperly accessed.
7)    For FERPA purposes, recordings with information about a specific student are considered law enforcement records unless the University uses the recording for discipline purposes or makes the recording part of the educational record.  

Destruction or Tampering with Cameras

    Any person who tampers with or destroys a camera or any part of the electronic surveillance system may be prosecuted in the criminal justice system as well as the campus judicial system