51����

News media produced by students — and decision-making leading to that media — will support the whole of God’s purposes in the world, His work within and outside His Church, striving at all times to balance biblical truth-telling with compassion and attention to good taste. The purpose of 51���� Student Media is to:

• Primarily be a source of information for students of 51����, and secondarily for the 51���� community.
• Serve as a forum for student opinion on current issues, trends and events aimed at substantive dialogue leading to constructive change within the 51���� community.
• Provide hands-on education and training for students in all aspects of media operations as a precursor to internships and other leadership options for which campus media serves as a platform.
• Build leadership in students through practical experience in team-building, ethical decision-making and articulation of a Christian worldview through relevant, contextual and biblically-based media expression.

51���� does not control or have final review of student media reporting prior to publication. We believe, however, that 51����’s mission and purpose are best served when neither its administration nor the student government manage the day-to-day operations of student media in a way that stifles freedom of inquiry and expression. Thus, each student media outlet is paired with a faculty adviser who provides instructional support and encourages ongoing improvement of professionalism and excellence of content through being available to editors in their decision-making process without final review or violating the rights to a free press. In cases where student media leaders differ from the adviser on issues of a sensitive nature, the adviser or student media leader has the prerogative to bring the issue to the SMB for a decision.

Due to a different expectation of privacy, reporters are not legally required to identify themselves at a public event or when quoting someone in a public place or at a private event. Journalistic best practices and ethics, however, recommend they always do. (Hosts of events might want to remind student journalists of these ethical obligations and request that student journalists identify themselves.) Accordingly, 51���� encourages hosts of events to highlight this fact for attendees or make appropriate arrangements if they wish to host a closed event (events need to meet certain criteria to be a closed/private event). For more information about closed/private events, contact Enrollment, Marketing & Communications (EMC).

In a public event or at a public space, reporters may take photos without the permission of participants as there is very seldom a reasonable expectation of privacy; they may not do so at a private event. A photographer could be liable in a civil action lawsuit[1] [MOU2] [3] or commit a violation of 51����’s Community Standards if the photographer takes a photograph of a person and in doing so violates that person’s legal right of privacy.

At 51����, all students are in the classroom without explicit permission from the faculty instructor. This standard is part of the university syllabus template, though individual faculty can choose not to include that stipulation. Student journalists should assume a no-recording policy unless otherwise stated by the professor.

In California, while it is a crime to record, eavesdrop, or use hidden video cameras in any confidential communication, including a phone call or private conversation, without the consent of all parties to the conversation, a person in a public area like a park or semi-public area like a lounge, dining hall, or quad area may not have a reasonable expectation that any conversation he or she is having is private or confidential.

Registered student organizations may not bar student news media coverage at a public event that other students may attend, but organizations may place postings or make announcements that state “no photo/video/recordings” are allowed at limited public events. (See the table above)

It can be difficult to enforce restrictions on student media. In general, news reporters have no greater or lesser right of access to property than that enjoyed by the public. If an individual, whether a news reporter or otherwise, ignores a prohibition on photography/recording (audio or video) he or she can be admonished by the event organizer to cease the behavior or leave the event. If the individual refuses to stop, University Communications will be notified and will communicate to the individual that he or she is trespassing and will be asked to leave. If the situation becomes a public safety issue, Campus Safety will be notified. To ensure that the directive is enforceable, the event host should meet with a representative of the university (e.g., department chair, dean or relevant staff member), as the “owner” of the property, to notify the individual concerning the act of trespass, but only University Communications or Campus Safety personnel should be involved in any removal process. It is important to note, however, that inconsistency of enforcement should be avoided, e.g., do not allow audience members to record when student reporters are prohibited from doing so without a compelling reason for doing so.

In California, reporters must always provide notice that they wish to record someone if the communication is confidential; if the person declines, they may not record. Under California law, the term “confidential communication” means any communication carried on in circumstances that reasonably indicate that any party desires that the communication be confidential to the parties to the communication, but expressly excludes a communication made in a public gathering. Also, reporters are not legally obligated to ask permission to quote someone.

No, but it could make a difference as to initial perception. There may be a belief that a university is an open, public place, but a private institution can set its own rules. As noted above, the university would have to become involved if a student group, for example, attempted to post some notice, which is later ignored. Individual student organizations may not ban student media from an event identified as public (i.e., open to the 51���� community, or public beyond the university).

A reporter should not be legally liable for reproducing the quote of someone else unless the reporter adopts, comments on, or otherwise adds to or modifies another’s statement so that it becomes the statement of the reporter.

Public pages are just that, public. Taking quotes from private pages could present a greater challenge, depending on how access is obtained (e.g., by deception/hacking), and could be a violation of California law and/or 51����’s student handbook or standards or conduct. If someone gets access to a private page from someone else who has access, however, there is little recourse against the reporter. In most situations, it would be very difficult to establish that the access was unlawfully obtained.

It is also difficult to follow up in these situations. Even in cases where it seems clear which individuals posted the information/quotations, it is often difficult to prove the means by which the information was leaked and who exactly leaked it. So, while individuals may assume they have a reasonable expectation of privacy in such a group, they should be aware that their postings may not remain private.

• Leonard Law and how it affects 51����. 
  • California’s “Leonard Law” prohibits private colleges and universities from subjecting any student to disciplinary sanctions solely on the basis of conduct that is speech or other communication that is protected by a student’s First Amendment and other free speech rights. The Leonard Law does not prohibit the imposition of discipline for harassment, threats, or intimidation, unless constitutionally protected, and does not prohibit the university from adopting and enforcing its policies on hate violence.
• Effects of the new anti-bullying laws, cyber-bullying and how would it be relevant. 
  • There are both federal and California statutes that potentially address some aspects of cyber-bullying that have been incorporated into the . If you believe you are being subjected to cyber-bullying, please contact the Department of Student Care or Campus Safety.
• Effects of anti-discrimination laws or hate crimes laws.
  • Federal and California laws prohibit discrimination, harassment, and hate crimes. These prohibitions have been incorporated into the. If you believe you are being subjected to discrimination or harassment, please contact the Department of Student Care at (562) 903-6000, ext. 5842. If you think that you have experienced a hate crime, please contact Campus Safety for immediate assistance.

51����’s policies and California law (e.g., invasion of privacy, defamation, etc.) can be potentially violated if students, student reporters, or others do not respect or circumvent privacy settings put in place by an individual. In the case of an alleged violation, there would need to be investigation and sufficient proof to proceed. Proof is sometimes challenging to obtain depending on the circumstances.

A comment about a student published in a student newspaper or on a social media site is unlikely to violate state or federal law unless it is defamatory or constitutes invasion of privacy/publication of private facts or, possibly, criminal use of private information (identity theft and the like). California law should be consulted to determine if there has been a violation. Generally, however, defamation is defined under California law as a publication of a statement of fact that is false, unprivileged, has a natural tendency to injure or which causes “special damage,” and the defendant's conduct in publishing the statement amounted to at least negligence. The requisite publication can be oral (slander) or written (libel). California Civil Code section 1708.8 defines physical invasion of privacy in terms of trespassing in order to capture an image, sound recording or other impression in certain circumstances; it also defines constructive invasion of privacy as attempting to capture such an impression under circumstances in which an individual had a reasonable expectation of privacy. If you believe your privacy has been violated, please contact the SMB.

51���� is committed to supporting students in these situations. As soon as a situation arises, students can contact the SMB. Additional support can range from support by the Department of Student Care, Title IX office, Campus Safety office, University Communications, 51���� Counseling Center, and/or other 51���� offices or resources depending on the situation.

51���� has published a set ofuseful tips on how to proactively manage your social media privacy settings.

Follow a social media site’s protocol(s) for requesting removal of offensive/defamatory postings. In more aggressive or damaging situations, students have additional options including filing a grievance with the SMB or reporting their concern to the Student Care department.

The Student Media Board shall act as an arbitration board in resolving problems that cannot be resolved by the student leaders (editors, managers) in consultation with the faculty adviser. Any student, faculty member, staff member, administrator or 51���� alumnus may bring complaints or grievances to the attention of the SMB. The complaint should be in the form of a letter (hard copy or email) to the chair of the SMB (joy.qualls@biola.edu). The letter should contain details of the complaint or grievance such as who was involved, dates and time, where it occurred or other relevant circumstances, and what is desired in the form of resolution of the problem.

If at least two members of the SMB (in addition to the chair) indicate the complaint is valid enough to be heard, a meeting of the SMB shall be called within 10 days of receipt of the complaint. Complaints received when school is not in session (i.e. during breaks) will be taken up within the first two weeks of the new semester. At least a quorum of the SMB must be present to hear and act on the complaint.

Student media outlets provide hands-on education and training for students in all aspects of media operations as a precursor to internships and other leadership positions. Student reporters can be from any major or area of study; however, the majority of students involved are trained in media, journalism and public relations through their courses of study. Student media faculty advisers assist each staff in planning the training of prospective staff which occurs each spring semester and summer to ensure the seamless flow of professional quality in each medium. Part of this training can include travel to student media conventions each year and the use of competition in student media contests as a boost to student learning about excellence. Faculty advisers also provide regular critique of the medium, along with guidance of the staff in ongoing improvement of the professionalism and excellence of content. The role of the adviser is to guide the staff by encouragement and admonition, but not to be the decision-maker for any student medium. Top editors’ and media managers’ decisions should be made independently — with awareness of their thought-leader role within 51����’s biblically-committed faith-and-learning community and, through online sites with audiences beyond the borders of the university.