Educational Recording

[Uiop]

What is the name of your state? Washington

I'm concerned with the in-class conduct of one of my high school teachers and was considering recording his comments as evidence. I believe that in my state, all parties must consent to the recording of private communications. I would be recording secretly. Would comments in a public high school classroom constitute "private communications"? Am I even right about this law? Any help is very much appreciated.

Note: I'm not sure if I'm posting this in the correct forum. I couldn't find any other suitable one, so please tell me if I missed something.

 

[BelizeBreeze]

What is the name of your state? Washington

I'm concerned with the in-class conduct of one of my high school teachers and was considering recording his comments as evidence. I believe that in my state, all parties must consent to the recording of private communications. I would be recording secretly. Would comments in a public high school classroom constitute "private communications"? Am I even right about this law? Any help is very much appreciated.

Note: I'm not sure if I'm posting this in the correct forum. I couldn't find any other suitable one, so please tell me if I missed something.

You would subject yourself, and your parents to a civil fine of up to !,000 for each incident and that doesn't even touch the other student's lawsuit against you.

Take the number of students, plus the teacher, and multiply by the above numbers.

Wash. Rev. Code § 9.73.030: All parties generally must consent to the interception or recording of any private communication, whether conducted by telephone, telegraph, radio or face-to-face, to comply with state law. The all-party consent requirement can be satisfied if "one party has announced to all other parties engaged in the communication or conversation, in any reasonably effective manner, that such communication or conversation is about to be recorded or transmitted." In addition, if the conversation is to be recorded, the requisite announcement must be recorded as well.

Any violation of the statute is a misdemeanor. Wash. Rev. Code § 9.73.080. Civil liability is expressly authorized for actual damages, including mental pain and suffering, or $100 per day of violation _ but no more than $1,000 total based on this daily calculation. Attorney fees and litigation costs also can be recovered. Wash. Rev. Code § 9.73.060.

 

[Uiop]

I'm well aware of that law, but does communication in the classroom of a public high school constitute "private communication"?

 

[CdwJava]

I would recommend you consult a local attorney. Depending on case law in WA, I can see an argument being made both ways for a classroom setting. Failure to consult an attorney could result in criminal and civil liability.

- Carl