Legal Question in Education Law in Arizona

Taped Phone Call

I am a Special Education teacher in Arizona. I had a phone call placed to me by a 16 year old student, which was recorded by a silent third party, my Instructional Aide. The recording was turned over to my administrator, who has said he has listened to it. Although the conversation was brief and uneventful, I would like to know if the Principal has the legal right to first, listen to the tape, and second, use the content of the tape against me for any reason. Third, is there any legal ramification for the Instructional Aide who used the minor to tape the phone call? Administration has only moved her to another classroom, one door down from me, and has not otherwise fired her.


Asked on 10/26/08, 10:12 pm

1 Answer from Attorneys
Andrew Harrell W. Andrew Harrell, Attorney at Law

Re: Taped Phone Call

In most states it is against the law to record a telephone conversation unless there is notice to the recorded party and his/her consent. Hence, all of the parties who listened in, recorded the conversation and use the recording have violated the law.

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Answered on 10/26/08, 10:28 pm


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