Obiter Dicta Issue 4 - October 15, 2013 | Page 6

page 6 student caucus Welcome to your single-use education JEFF MITCHELL Contributor “Everywhere I travel, tiny life. Single-serving sugar, single-serving cream, single pat of butter. The microwave Cordon Bleu hobby kit. Shampoo-conditioner combos, sample-packaged mouthwash, tiny bars of soap. The people I meet on each flight? They’re single-serving friends.” – Fight Club (1999) Why should our classroom experience be single-use? Why are many of us restricted from accessing course content? Why can’t we have the double-double and a tub of butter classroom experience? The Audio Recording Policy (ARP) has been a heated issue at Osgoode long before our arrival at the law school. I’ll spare you the history of the policy because it doesn’t really matter – what does matter is how the ARP cheapens your academic experience today. Simply put, for the purpose of the ARP, each student is either in or out. To be part of the in crowd you must pass O sgoode’s administrative system that vets the legitimacy of accommodation requests. Students with a requirement for accommodation seek to formalize their status under the ARP by demonstrating their needs under one of the enumerated grounds making out accommodated status. If you don’t fall within one of the accepted inclusions, you’re not going to get access to the video and audio recordings made through the class desktop recording system, or access to notes made by your peers under the Dean’s Scribe program. Here is a list of some circumstances that will generally not permit students to access recordings: • Absence of two days for serious medical or compassionate situation • Attending trial for an approved OPIR activity • Attending an industry-related conference • Exchange students taking classes on pass/ fail system tuesday - october 15 - 2013 • Professional development activities Some of the arguments I’ve heard from administrators and faculty over the past 2 years include: the system is too expensive; the recording hardware fails, or the software is too hard to use. Other arguments are based on concerns over intellectual property rights, opposition to recording because class attendance will decrease, or, my personal favorite: “we didn’t have it back in our day so why should you.” Just this past academic year, a new argument emerged from the Office of the Associate Dean in a memo to Faculty C o u n c i l School does not warrant that it will be successful in making lecture recordings or that any recordings made will be of good quality. As a result, the main thrust of the policy is that - based on past experience - the Law School expressly cautions accommodated students against relying on its recordings and encourages accommodated students to make their own recordings using their own equipment.” So, just how badly is the ARP failing accommodated students at Osgoode? Together, cancellations and recordings with no sound account for 29% of all failures. This means that because a recorder battery ran out or the professor didn’t follow the desktop recording process, students were left without an adequate recording. It is not overly challenging to cut back on the human and technological error. A wireless microphone system and battery can be purchased for under $25. Osgoode could use part of a Professional Development day to train professors on the desktop recording system. in response to Student Caucus’ push to ensure the survival of the audio recording program: “we are failing to provide [students] with the accommodation to which they are legally entitled about 35 percent of the time. Permitting this situation to persist would risk breaching our obligations under the Human Rights Code, R.S.O. 1990, c. H.19.” Certainly Osgoode wants to accommodate its students; it also wants to avoid being named in a lawsuit because a student wasn’t being meaningfully accommodated under the current ARP. The Associate Dean sent out the following as part of his email to the student body in early September: “Although the Law School continues to make its best efforts to record lectures using its own equipment and to make those recordings available to accommodated students, the Law With a few simple fixes the rate of failure could be substantially reduced, producing a higher rate of successful recordings for accommodated students. This leads us to two major impediments for the rate of recording failures: professors failing to engage the system, and unavailability of required technology at the beginning of class. The tech issue is solved by ensuring Osgoode IT has the proper procedures in place to ensure that recording hardware is in the room and operational. The bigger issue is the unwillingness of a few professors to make a true effort to record their lecture. It only takes a few unwilling professors to drastically raise the number of failed class recordings. I believe that it only takes one willing administration to require that those professors who consistently fail to record classes improve their performance. To do so requires a clear message from Osgoode that the audio and visual recording system has a greater value than notes alone. If that were to happen, we would see the success of the ARP rise to a level where it couldn’t » continued on next page the obiter dicta » continued from page 6