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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 h
er 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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