(A)
Policy
statement
UToledo is committed to the protection
of animal health and the advancement of science, and recognizes the need for
faculty, staff and students under faculty supervision to obtain photos or
videos of laboratory animals for scientific and educational purposes. However,
entry to animal care and use environments is strictly controlled for the
protection of animals, laboratory staff and non-laboratory
staff.
(B)
Purpose of policy
This rule specifies the limitations,
conditions, restrictions, and pre-requisites to audio and visual recording of
animals, persons and facilities in UToledo animal research facilities. This
policy is intended to protect the welfare of animals, integrity of scientific
protocols, and provide confidentiality and security of UToledo animal use and
related procedures.
(C)
Scope
This policy applies to all UToledo
faculty, staff, students, and research participants, and describes allowable
use of audio/visual recording in UToledo animal housing and use areas including
the lake Erie center ("LEC"). Animals on public display are not covered by this
policy.
(D)
Definitions
(1)
Animal housing and use area: established UToledo animal
facilities, core service facilities, or principal investigator ("PI")
laboratories where animals are housed, tested, or used for procedures or
teaching, and conveyances in which animals are transported between animal use
areas.
(2)
DLAR: department of laboratory animal
resources.
(3)
IACUC: institutional animal care and use
committee.
(4)
Institutional official ("IO"): the individual who, as a
representative of senior administration, bears ultimate responsibility for the
research program and is responsible for resource planning and ensuring
alignment of research program goals with the institution's mission. At UToledo
the IO is the vice president for research ("VPR").
(E)
The use of any
recording device (e.g., film camera, digital camera, camera phones, digital
recorder, sound recorder) is prohibited in animal use areas with the following
exceptions:
(1)
When performed by government inspectors (e.g. United States
department of agriculture veterinary medical officer);
(2)
When performed by
an authorized PI or an animal user approved on the related animal study when
required for scientific reasons (e.g., publications, laboratory documentation)
or academic activities;
(3)
When performed by animal care or veterinary staff when
required to assist in clinical diagnosis of disease or response to
treatment;
(4)
When performed to document condition of facilities, or
compliance or animal handling issues at the direction of UToledo officials, the
IACUC, DLAR staff, or representatives of federal agencies;
(5)
Photography or
filming by outside interests (e.g., non- UToledo entities or journalists), when
approved at least three business days in advance the IO, the dean of the PI's
college, UToledo communications office, and DLAR (where appropriate, see
paragraph (E)(5)(a) of this policy.
(a)
When filming within a DLAR facility, DLAR must be
informed in writing at least three business days in advance of any planned
audio or visual recordings in animal use areas by outside interests (e.g.,
non-university entities or journalists).
(b)
The IO must be
informed at least three business days in advance of planned
recordings.
(c)
The dean of the PI's College must be informed at least
three business days in advance of planned recordings.
(d)
The written
request should include justification for the audio/video recording, a
description of what will be recorded (including species), who will be
performing the recording, the proposed date and time of the recording, and
scope of the distribution.
(e)
UToledo
communications office must be informed at least three business days in advance
of filming of or release of videos or photos by non-UToledo
entities.
(f)
When all required notifications are documented and the
written request is approved, the IO (or designee) will notify the outside
interest. Requests may be denied if presented without sufficient notice or when
the university determines that the risk is not acceptable.
(F)
Additional requirements and restrictions:
(1)
Consideration
should be given to secure processing, transport, and storage of negatives,
disks, tapes, media cards, or any other mechanism for storage that include
digital images/sound captured by authorized PIs and approved animal users on
the related animal study in the course of their work.
(2)
Images and/or
audio/visual recordings may not be posted to any type of social media,
including laboratory websites, without express written permission from the IO
(in consultation with the IACUC and attending veterinarian) and UToledo
communications office.
(3)
Only procedures and animals that are included in an
approved IACUC protocol may be the subject of any recordings.
(4)
Appropriate and
accurate context must always be shown when any recordings are made, including
but not limited to the following: (if an animal is anesthetized or sedated,
include the vaporizer or tray holding the bottle of injectable drug; personnel
must be wearing required personal protective equipment appropriate for the work
appear in the image).
(5)
For privacy and security purposes, no identifying
landmarks, facility location, or security measures (e.g., room numbers,
workers' name badges/IDs, security camera locations) may be shown in any
images.
(6)
Personnel may not be photographed without their express
permission.
(G)
Other considerations:
Laboratory personnel and research staff
must recognize the potential for photographs and recordings to be the subject
of public records requests. All public requests for photographs and recordings
should be directed to UToledo's office of legal affairs
office.
(H)
Sanctions and remedies
(1)
Violation of
this policy may result in administrative actions including but not limited to
loss of animal research privileges/facility access.
(2)
Unauthorized
images or recordings and images or recordings that do not comply with this
policy, including those located on unauthorized devices, must be immediately
surrendered to the chief compliance officer and secured for destruction, except
that such images or recordings may be retained at the direction of human
resources or student affairs or the appropriate UToledo department as needed
for any related conduct or disciplinary actions.
Notes
Ohio Admin. Code
3364-70-26
Effective:
4/13/2020
Promulgated Under:
111.15
Statutory
Authority: 3364
Rule Amplifies:
3364
