The U.S. Department of Education has released draft guidance on the use of students’ medical records in response to a lawsuit. In a
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The U.S. Department of Education has released draft guidance on the use of students’ medical records in response to a lawsuit. In a blog post published on Tuesday, the department said it was seeking public comment on the new guidance.
The issue drew national attention because of a lawsuit at the University of Oregon. A female student there, who said she had been raped by three basketball players, also claimed that the college had pulled her counseling records to use against her in a lawsuit she filed against the institution. (The lawsuit has since been settled.)
The woman’s case drew outrage online and caused confusion about what the Family Educational Rights and Privacy Act allows colleges to do with students’ medical records.
In the blog post, Kathleen Styles, the department’s chief privacy officer, wrote that the cases under which a college could share students’ records with lawyers are few. “We want to set the expectation that, with respect to litigation between institutions of higher education and students, institutions generally should not share student medical records with school attorneys or courts without a court order or written consent,” she wrote.
The exceptions to that standard are spelled out in full in the department’s Dear Colleague letter. The department is allowing 45 days, until October 2, for public comment.
