The Student Press Law Center published a post Tuesday afternoon saying that the University of Oregon “probably” had a valid explanation in obtaining the counseling records of a student that filed a lawsuit against the university in January.
A part of the lawsuit claims that the university violated the Federal Education Rights and Privacy Act when it pulled information about the plaintiff’s sessions with a UO Health Center therapist following her alleged sexual assault by three men’s basketball players in March 2014.
The university responded by saying that the collection of the records was legal because it related to the plaintiff’s claim of emotional distress in the lawsuit. University officials also said that they did not review the records.
Attorney Adam Goldstein, who chimed in on the SPLC’s statement today, agrees. Goldstein cited a section in the Code of Federal Regulations that allows the disclosure of a student’s relevant records without prior consent if “a parent or student initiates legal action against” the university.
The CFR is the way the Department of Education carries out interpretations of the FERPA, which was passed by Congress in 1974.
SPLC Executive Director Frank LoMonte said that while the university may be within its legal boundaries in this situation, “it’s a valid observation that universities are over-compliant with FERPA when they are trying to keep secret.”
The SPLC’s post suggested that the information found in the student’s counseling records were pulled to find any inconsistencies with the plaintiff’s claim of mental distress.