HIPPA and Higher Education Student Data Privacy Collide in Lawsuit

A student at the Univeristy of Oregon, Go Ducks!, alleges she was raped by 3 basketball players. The University found the sudents at fault and kicked them out of school and off the basketball team.

After the alleged rape, the student sought treatment at the student health center. Her treatment included mental health care.

She eventually sued the school as the alleged offenders were never tried for a crime.  During the lawsuit her mental health records, when she sought care at the unveristy health care clinic, were accessed without her permission by the University.  

The policy & legal question is does FERPA (Federal Education Privacy) trump HIPPA? The Feds say: “The Department of Education urges higher education institutions to not only comply with FERPA, but also to respect the expectation of confidentiality that all Americans hold when talking to a counselor or therapist.”

Kaiser Health News