600-Campus Facilities Policies / 601.8 Video Surveillance Policy
Date Adopted: 04/22/2024
Issuing Office: Administration and Finance
Approved By: Vice Chancellor for Administration and Finance
Purpose
The purpose of the Video Surveillance Policy is to (1) set forth regulations regarding Montana Western’s use of Security Cameras on its campus; and (2) provide notice of such Video Surveillance to all persons who utilize Montana Western’s campus, including but not limited to, university personnel, students, and visitors. In order to respect and protect all persons right to privacy under Federal and Montana law, Montana Western sets forth this policy to strictly regulate the use of Video Surveillance. This policy applies to all Video Surveillance equipment used by Montana Western, subject to the explicit exclusions set forth herein. Montana Western is committed to providing a safe and secure campus while safeguarding the privacy of students, visitors, and University Personnel. Montana Western employs Video Surveillance for the purposes of enhancing public safety, monitoring restricted areas or equipment, discouraging theft and other criminal activities, and for preventing, investigating, and resolving incidents.
Policy
I. Scope of Video Surveillance
- Limited to Public Areas: The Video Surveillance employed by Montana Western shall be strictly limited to Public Areas, unless authorized by a search warrant or other lawful orders. To the extent, if any, that a Security Camera may incidentally capture a Private Area, the security camera will be positioned to avoid capturing the private area or the System Administrator shall censor any Private Area within view. The System Administrator shall censor the display of any stationary computer.
- Recording: All Security Cameras within the University’s Video Surveillance system automatically record the video transmission captured by the security camera(s).
- Security Camera Positioning: All Security Cameras shall be installed in an open and conspicuous manner.
- Notice: Montana Western shall exhibit appropriate signage, or otherwise provide reasonable notice of the surveillance on campus.
- Maintenance: All security cameras within the University’s Video Surveillance system shall be inspected annually to (1) ensure adequate working condition is maintained, and (2) that all equipment is in current compliance with all university policies and local, state, and federal laws and regulations.
II. Monitoring
- Active Monitoring: Video Surveillance systems are not required nor intended to be actively monitored in real time and are not intended to serve as a way to request or attract security staff assistance. Persons needing police assistance should dial 911 or 406-683-3701, the Dillon Police Department’s non-emergency number.
- Authorized Personnel: The System Administrator will consult with the Chancellor and the S&S Executive Team to review video footage for good cause.
- Temporary Authorization for Maintenance: Upon approval by the S&S, or designee, a University employee who is not considered Authorized Personnel under this policy, shall be given temporary access, in one-hour increments, to actively monitor specific Security Cameras while performing maintenance on such Security Cameras.
III. Use of Footage
- Use by Montana Western: All information obtained through Video Surveillance may be used by Montana Western and its agents or affiliates, including law enforcement agencies for investigative purposes, enhancing routine security, ensuring compliance with university policies, or purposes closely related to the general duties of campus safety and security protocols.
- Dissemination of Footage: Information obtained through Video Surveillance is for the exclusive use of Montana Western and may be shared with law enforcement.
- Information Retention: All information obtained through Video Surveillance shall be retained for 30 days, after which, the information shall be automatically rewritten.
IV. Security Camera Approval & Removal Process
- Security Camera Approval: In order for any additional Security Cameras to be installed on Montana Western’s campus, the security camera(s) must be proposed to the S&S. After the proposal, the S&S will analyze the (1) purposes of the proposed camera(s); and (2) whether the proposed camera may violate any individual’s reasonable expectation of privacy. The S&S may only grant the proposal if the proposed camera(s) will (1) further an important purpose; and (2) not infringe on any individual’s reasonable expectation of privacy.
- Unauthorized Security Camera(s) Prohibited: Video Surveillance equipment, devices or systems that are installed without appropriate authorization under this policy shall be immediately disabled upon notice and, if not reauthorized under this policy, shall be removed at the expense of the department found to be responsible. Departments or individuals who have surveillance cameras on campus which have not been installed through the authorization process contained in this policy should inform the S&S of such cameras to obtain approval and to ensure camera placements are within compliance of this policy.
- Unauthorized, unethical, or illegal use or installation of Video Surveillance in violation of this policy may subject an employee or student to disciplinary action and/or criminal proceedings.
Security Camera Removal Process
- Security Camera Removal: An individual may petition the S&S to remove a security camera for good cause. Upon petition, the S&S shall, within 14 days, review the petition and determine if the Security Camera(s) should be removed. In analyzing the petition, the S&S shall analyze the (1) purposes of the Security Camera(s) in question; and (2) whether the Security Camera(s) in question infringes upon any individual’s reasonable expectation of privacy, as defined under Montana law.
- Unauthorized Removal or Tampering Prohibited: Any persons who, without appropriate authorization, tamper with, damage, or destroy Video Surveillance equipment will be subject to disciplinary action under the student or employee disciplinary proceedings and may also be subject to criminal proceedings.
V. Exclusions
- This policy does not address or apply to the use of recording equipment for educational or research purposes by approved University personnel. Examples include recording of research experiments or projects, lectures, interviews, concerts, athletic events, plays, or other public performances.
Definitions
- “Information” as obtained from video surveillance, means all images, videos, or related data captured through video surveillance.
- “Private Areas” means any area where an individual has a reasonable expectation of privacy, as determined under Montana law, including but not limited to bathrooms, locker rooms, dormitory rooms, dormitory suites, residential units, and private offices.
- “Public Areas” means non-private areas where an individual does not have a subjective expectation of privacy that society would recognize as reasonable, including but not limited to: non-private outdoor areas, classrooms, lobbies, study rooms available for public use, non-residential building hallways, and residential building hallways.
- “Safety and Security Committee” to be referred to as the S&S throughout this document.
- “Security Camera(s)” means equipment that is capable of recording or transmitting visual information.
- “University Personnel” means all employees or representatives of Montana Western, including, but not limited to staff, faculty, and executives.
- “Video Surveillance” means the use of Security Cameras to monitor and record designated areas.