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I was filmed for an assignment in a college class. During…

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I was filmed for...

I was filmed for an assignment in a college class. During the assignment my jeans slipped down below my buttocks without my knowledge. The professor posted the video for the assignment on what she says is a private you tube channel just for the class. I did not sign a release to allow the video to be posted, but I did know she intended to do so. They are only offering an apology, which I agreed to should a university representative be present. The instructor will face no disciplinary action, which I feel is warranted.

Lawyer's Assistant: What state are you in? It matters because laws vary by location.

Am I able to take action? Should I? I feel violated.

Lawyer's Assistant: What steps have you taken so far?

California

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Just wrote them saying I was upset and met with the department chair. No

Submitted: 8 months ago.Category: Legal
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Answered in 1 minute by:
12/19/2017
Lawyer: Olivia Kent, Attorney replied 8 months ago
Olivia Kent
Olivia Kent, Attorney
Category: Legal
Satisfied Customers: 4,666
Experience: Partner at Kent Law Group, LLC
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Hello and welcome to JustAnswer. My name is ***** ***** I'm an attorney. Please note this site is for general information for educational purposes only and does not constitute legal advice. Communicating with an expert on this site does not establish an attorney-client relationship. You might be offered a phone call, but you are under no obligation to accept; the phone call requests don’t come from me - they’re offered by the site - but if you do want a phone call I’d be happy to do that as well.

Can I ask you a question - WHY do you feel that the instructor should face disciplinary action?

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Lawyer: Olivia Kent, Attorney replied 8 months ago

I understand your embarrassment - but on what basis do you believe the instructor should face disciplinary action.

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Customer reply replied 8 months ago
She claims that she did not know that my buttocks were exposed even though she had viewed the video. My buttocks are exposed for about 01:30. I am a teacher, and if I had posted this video I would be in jail. My students are minors, but the first responsibility of any teacher is to create a safe and secure learning environment. She did not do this- by not thoroughly reviewing the video she exposed me to potential ridicule.
Customer reply replied 8 months ago
Furthermore, I never agreed in writing to allow the video to be posted.
Lawyer: Olivia Kent, Attorney replied 8 months ago

And, I agree with you - as far as the potential ridicule and embarrassment goes. The question then becomes "did she have a duty to review the video in its entirety before posting it" - and no such duty exists. In addition, one teacher does not owe a duty to another teacher. And then also (and I hate to be the bearer of bad news here) but if you were part of the video making process - meaning you knew the video was being made - she does not need to get your permission in writing to post it. I wish I could tell you otherwise but that is the law and, believe me while I don't always love what the law is, I'm not doing you any favors if I don't actually tell you what it is.

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