Stephanie Castillo reports:
The University of Oregon (UO) is under fire for using a student rape victim’s therapy records against her after she sued the campus for mishandling her sexual assault case.
FERPA is a federal law that protects the privacy of students’ “education records.” These records refer to records directly related to a student, plus records “maintained by an educational agency or institution or by a party acting for the agency of institution,” the U.S Department of Education reported. While medical and psychological treatment records are not defined as education records at colleges and universities, “an eligible student’s treatment records may be disclosed for purpose other than the student’s treatment, provided the records are disclosed under one of the exceptions to written consent.” One such exception is a lawsuit.
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