“Because it appears that the university was right.”

I tell you what – there are days when I read shit like this and shake my head.  For me, sometimes the wonder isn’t so much that many cases of on-campus sexual assault involving student-athletes aren’t properly resolved, as it is that the victims are willing to report them in the first place.  (At least the basketball players in question were kicked off the team and out of school.)

Oh, and the punchline in this particular case?

UO public records officer Lisa Thornton in an email cited the federal Family Educational Rights and Privacy Act, attorney-client privilege and “applicable exemptions and exclusions from the Oregon Public Records law” as reasons for the redactions.

FERPA giveth and FERPA taketh away.  Convenient for the schools, anyway.

10 Comments

Filed under Crime and Punishment

10 responses to ““Because it appears that the university was right.”

  1. SCDawg

    U. of Oregon filed a friggin counterclaim against her? Jeebus that’s harsh.

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  2. Bulldawg165

    Schools shouldn’t be involved in these types of investigations. That’s what the justice system is for.

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    • Hackerdog

      Exactly. Asking a professor or an administrator to investigate and prosecute a crime is a terrible idea from the start. It’s obviously going to fail many times.

      Go to the police. Unless you’re in Tallahassee.

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  3. Dog in Fla

    It even got to the point that Ratface had to get rid of one of them

    “It should have been a long time ago. [Krzyzewski’s] never [dismissed a player] before,” the anonymous affiliate said. “I don’t think he knew where the line was. I think he really didn’t want to do it. It’s pretty incomprehensible.”

    http://www.dukechronicle.com/articles/2015/03/02/rasheed-sulaimon-center-sexual-assault-allegations-prior-dismissal#.VPYEJym9LCR

    http://i98.photobucket.com/albums/l267/fletcher115/ratface.jpgv

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  4. Slaw Dawg

    Horrifying. And disgraceful. Hopefully the Eugene, OR PD is more on the up and up. However, this brings to mind an experience that a female friend of mine had that’s not reassuring. Some years ago, while simply walking across her campus one day (this university is in the SEC, but not UGA), she was verbally harassed by some a-hole frat boys. A supposedly helpful local cop stopped and offered to give her a ride to someplace safer. Foolishly (in retrospect), she got in the squad car. Then he attempted to rape her. She grabbed his night stick, clobbered him over the head, was beaten up for her pains, but managed to get away. She was too frightened to report the incident–who would the cops believe?

    Men: teach your boys to respect women. Every damn day.

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  5. Scorpio Jones, III

    The cost of attending college at a major university is rising astronomically for no other reason than because it can.

    Major universities are making astronomical amounts of money from sports, because they can.

    Football coaches are being paid salaries that would have been viewed as obscene just a decade ago, because they can get it.

    And yet, for all the money floating around, major universities can not seem to protect students from violence.

    And when violence is perpetrated on one of the students whose parents trusted the major university to protect, the major universities seem interested in protecting their own public image. And the victim becomes the target of chicanery that would make even the United States Congress wince.

    And people wonder why the NCAA is such a bumbling agency, taking, as it does, its leadership from people like the president of the University of Oregon.

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    • paul

      True: Major universities are making astronomical amounts of money from sports, because they can.

      Not true: The cost of attending college at a major university is rising astronomically for no other reason than because it can.

      The cost of attendance is rising because states are rapidly slashing their education budgets. The education itself doesn’t really cost that much more than it did a few years ago. It’s just that the consumer is being required to pay a much larger share of the cost. When I went to college the state paid for 50 to 60% of my costs. Today that figure is more like 25% and dwindling. Most public institutions are being forced to operate like private institutions nowadays. And that means the students have to pay.

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  6. Not giving any opinion about the merit or taste of Oregon’s counterclaim but they were entitled to review her medical records if she was asserting a claim for emotional and psychological distress. Even if such records were not available under FERPA provions, they still would have been discoverable in the course of litigation, subject to a protective order under HIPAA. Even under FERPA, there still were provisions and regulations limiting the dissemination of such records. The only caveat is that, under HIPAA, there would have been certain types of records that, generally speaking, are able to be withheld notwithstanding the normal discovery process (drug history, mental illness, positive HIV test results, etc.).

    If anything, the university simply got access a little sooner than it otherwise would have. Seems like bad advice in this article because it misleads readers into thinking that HIPAA is se sort of iron clad shield that can’t be penetrated even in litigation when the plaintiff has made her medical records directly relevant to issues being litigated. Students should take advantage of inexpensive on-campus counseling services, even if a university-defendant might be able to gain access to those records though FERPA channels in the event of litigation.

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    • ASEF

      There’s a world of difference between an administrator at Oregon pulling a record at an in-house facility and an Oregon lawyer telling an independent rape crisis center to hand it over.

      The second one would subject the university to a firestorm of negative PR. Imagine if FSU had tried to pull counseling records on the woman who accused Winston.

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      • But my point is that it shouldn’t subject a university-defendant to a PR shit storm. The nature of her claims made the contents of her records relevant. It’s an matter of earlier access–not zero access as the blogger argues.

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