University of Oregon commits frightening abuse of power in rape victim case

[niyad]

University of Oregon commits frightening abuse of power in rape victim case

When a University of Oregon rape survivor sued the school earlier this year for bungling her case, campus officials dug into the student's confidential therapy records in order to counter her claim. It's a total invasion of privacy that also appears to be legal, writes attorney and social justice advocate Katie Rose Guest Pryal.

The Oregon administration accessed the rape survivor’s therapy records from its counseling center and handed them over to its general counsel’s office to help them defend against her lawsuit. They were using her own post-rape therapy records against her.

It was a senior staff therapist in the counseling unit who blew the whistle on the administration’s actions. In her public letter, she sounds horrified that the work she thought was protected by medical privilege could be violated in such a fashion.

The university came firing back, arguing that because the rape survivor had asserted a legal claim of emotional distress, Oregon was entitled under, of all things, the Family Educational Rights and Privacy Act (FERPA) to use her medical records to defend against her suit.



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http://m.dailykos.com/story/2015/03/05/1368602/-University-of-Oregon-commits-frightening-abuse-of-power-in-rape-victim-case?detail=email

[fredamae]

1. Yes, This happened in Oregon

and I called and read them the riot act and obtw---I have grand-daughters and there is NO Way in Hell they'll attend this or Any other school that Will Not Put First the Prosecution of a Rapist! Period.

Fuck U of O and Fuck this Shit!

[niyad]

2. I am with you. would give the same advice to anyone who asks.

[fredamae]

3. I can't imagine

what this puts the victim through...Another assault/mental abuse, this time by the school itself in an attempt to imo-Avoid accountability.
Just because this is Legal doesn't make it right. I'd be inclined to sue the state for allowing this bs in the First place!

[niyad]

4. in reading the comments, there were a number of posts from attorneys who swore this

was acceptable practice. none of them had anything sympathetic to say about the rape survivor.

[fredamae]

8. I just called the Sen Pres

and since they already have some legislation addressing the issue of the Statute of Limitations for these crimes...(Rape/Sexual Assault etc this bill increases from 6 years to 20) I requested an amendment to Protect Sexual Assault Victims Medical records.

[niyad]

9. thank you for doing that

[fredamae]

10. Thanks...I would encourage

everyone/anyone call and request this. The more calls/emails etc- the more likely it'll happen.

[seabeyond]

12. +1, and thank you.... nt

[Shrike47]

19. Pointless, won't hold up in court. You can't claim something caused you emotional damage but hide

your counseling records. If you don't want people to see what you told your counselor, you can't claim damages for emotional injury.

The lawyers are just looking at the law, don't take it personally.

[Dont call me Shirley]

5. That is sick! So obvious that rapists write the policies to protect themselves from prosecution.

Shame on University of Oregon for emotionally raping an already traumatized rape victim!!!!!

[AngryAmish]

6. Higher education hates women

One giant rape factory.

[niyad]

7. it does seem that way, doesn't it?

[sheshe2]

11. That is just horrifying.

That poor young woman.

[Rex]

13. So when can we see the Dean getting a pink slip? This is clearly way beyond the pale.

I'm so disgusted by this, that I am at a loss for words...

[seabeyond]

14. the cops dealing with rape is university owned. the victim therapy is university owned.

the university is set up to take care of them, and them only.... in the most grevious of ways.

[SoapBox]

15. Instead of dealing with this incident, in an honest and moral way...

They try to slime her.

And then I'm sure they will spend more untold millions on their sports programs.

[seabeyond]

17. you are consistent, anyway. nt

[Stonepounder]

18. What ever happened to HIPPA????

She should file a complaint, separate from suit, with the US Attorney for egregious HIPPA violation. HIPPA being Federal would seem to me to trump any State law.

[Shrike47]

20. Under HIPAA, the U of O should have subpoenaed the records, not just read them, and

filed a motion. But they would then get her counseling records. It wouldn't matter if it was a private counselor. Believe me, I worked for the Oregon Attorney General's office and I have read hundreds of people's counseling records and medical records. If you put your physical or mental health into play in a court case, the other side gets to see you physical or mental health records.

[Brother Buzz]

21. So, all that "No means No" was just a sham job?

[olddots]

23. this is what happens when the school goes jock

America is becoming all about dumbth .