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Justmehere

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Several years ago, I stopped my university education due to PTSD symptoms. I don’t want to get into details about how it happened. My old school was fined by the Office for Civil Rights with both the Dept of Education and the Dept of Human Services for how my old school handled it.

The old school decided that if I ever go back, they would require me to sign “open releases” for them to speak to my primary care doctor and therapist in order for them to even process my application to return. They sent this letter a few months ago. This letter gets passed on to any new school I apply to and have any of my many credits transferred to. Pretty much every public university in my state is requiring I do what that letter requires in order for them to consider admission at a new institution and that my records would no longer be protected under HIPAA. They would be under FERPA, educational records law, and accessible by anyone at my university or anyone at another institution, “with a legitimate educational interest” – which I have been told is basically anyone and rarely ever enforced or tracked.

It is not entirely clear to me why they are requiring this, and it is besides the point. I can see a place for a limited release of information regarding my ability to attend and do school without PTSD symptoms getting in the way. My doctors and therapist are glad to write letters and have phone conversations regarding that singular matter.

I have offered this to the universities. I have been told that I need to follow instructions and sign the release forms that allow them to request and review all medical records for the past 10 years of my life.

I called the office for civil rights and the state’s division of higher education. I was told that this is ok for universities to do. I protested, “but wait… so let’s say I had a miscarriage, and that’s in the records from my primary care doctor, my school now gets those records and can be a part of any information they pass on to other schools?”

“in certain circumstances, yes.”

They said if I had a concern about this, then I could call the Lt. Governor. I did. Why do I do this? I get mad and I get ridiculous amounts of courage.

So I call the Lt. Governors office. I explained what happened. The person taking my info on the phone said, “so what is the problem with this? I don’t see any issue with this.”

So I decided to try to give him an example that would take PTSD and anything about being female out of the picture. I wanted to know his reaction and how far he was willing to take his stance. I wanted to know if he could see how ridiculous this is.

I replied, “well sir, let’s say your son stops school due to, let’s say a drinking problem at age 19. At age 20 your son’s genitals are infected with an STD, and so there are medical records generated about this. Later, an entire decade later, he decides he didn’t like his secretarial job and wanted to get a different one and finish a graduate degree. He applies to a university and they say, in order for us to process your application to get your engineering degree, we need all your medical records, which happens to include the records about his STD infection. Your son offers rehab records about his drinking problem, and supporting letters from doctors and even a forensic psychologist. But no, the school is clear, it must be all records about all medical conditions from all appointments ever, including any records about any STDs. Oh, and by the way, once he hands those records over, that school can give them to almost anyone they want, including his professors. God knows why they would want to know, but they would have that right to know. He has been required by the school to waive all HIPAA protections for those STD records. Then, only then, will they will process his application for admission. Gosh, you know what, you are right, I see NO PROBLEM with the school demanding all my medical records for all conditions ever too.”

The Lt governor’s assistant got angry, said “Well that would not be ok and I never said it would be ok.”

“Oh, I see, so it’s only wrong if it is a girl, who doesn’t want ob/gyn records being made part of her educational record. It’s only wrong if the student stopped school due to a drinking problem, and not because of PTSD problems from being raped.”

“That is different. Well, no, I guess it is not.”

“No it is different. It is worse. Your hypothetical son had a choice to drink. I didn’t have a choice in developing PTSD.”

He put me on hold. I hung up. I can’t believe I even said “raped.” WTF is wrong with me?! It’s all true, but holy cow. I tape recorded the whole series of calls and I swear I am not making any of this up. I have already gotten three calls from people stating they would like to clarify their stance. They can send me a letter to clarify this NONSENSE.

Besides, I know I handled my part in this very very badly. I was clam, but my words were… well, I argued. You can read it! I am losing my sh*t right now. I am a MAGNET for injustice and screwed up authority figures saying STUPID stuff. And I got mad. I wanted them to see how stupid this is.

Is it stupid? Not even the movie theater shooter's medical records of him being actively psychotic on a different campus prior to the shooting are considered a part of his educational record and releasable to other educational institutions. My PTSD made me suicidal. Not homicidal. I don't understand why I have to give up all privacy now?
 
Told my therapist about what happened. She said it is making her feel really mad. Great. Now my PTSD brain says "I'm overwhelming her. She will abandon me. Or hurt me. Run away before its too late."

I'm giving up on anything with for school for at least a week. I'm still sort of losing it. I'm so upset. I want to quit therapy. My therapist thought I would feel that way, so she called, told me to hang on, don't let them make me run away from what is good. She is totally right.

I don't know how to put all this crap in a box. I want to scream! I hate me.

Now I just sound crazy. No wonder they want everything from all my life. :(
 
I'm clapping over here! You go! You advocated for yourself!

I hate red tape. And I'm sorry you are feeling uneasy with all of this assertiveness, but, don't turn that blame toward yourself. All of it should fall squarely on the rapist and the university.

If you feel strongly about this, then gather your forces. Do what you need to do.
 
Told my therapist about what happened. She said it is making her feel really mad. Great. Now my PTSD brain says "I'm overwhelming her. She will abandon me. Or hurt me. Run away before its too late."
My T has suggested asking that part of my brain to explain itself, when it goes off on those kinds of tangents. 'cause you're not, she's not, and it will be ok. :)

That made ME mad too! I'm ready to start writing letters and making picket signs! That's, if you'll pardon the expression, "crazy"!

What you old school is doing is covering their butts & attempting to do the same for every other school in the universe. Can't blame them for trying, I suppose, but they shouldn't get away with it. YOU haven't done anything wrong and it sounds to me like there's nothing wrong with the way you handled it. You're just hearing from that part of you that thinks it's not ok to get mad. The little girl with the big sense of justice is right on this one, I think.

Would there be a point to contacting the Office for Civil Rights to see what they say? Because I REALLY don't think this is legal.
 
Frankly it's a press worthy story.

OP you weren't kidding, these sorts of things do really find you, don't they!?!

I'm all for standing up for yourself, but this battle may be too much. I'm not trying to silence you, rather, given your track record, I'd say that you will likely encounter problems at every step of the way if you return to that school to complete your education. Right now its this medical record issue (which SHOULD be illegal!), but what's next? I wouldn't put it past them to require you to jump through hoops the rest of the time you are there. Essentially you have a target on your back. Yep, a target, as you caused this school a LOT of problems. You are probably a marked troublemaker in their eyes and I doubt they will do much of anything to actually help you. I think this may be one instance of needing to walk away for your own sanity.
 
I think it is an excellent argument. You might also follow up on the HIPAA angle. Can't think who is in charge of HIPAA enforcement right at this second. It is also an ADA issue. EEOC at the federal level might well be interested (assuming you went to the state civil rights bureau.) This sure smells like retaliation for a prior complaint to me. If you reported them before whistleblower protection might apply. They are effectively denying you equal opportunity not only at their institution but at other institutions as well. Here is one of the crucial issues: do they routinely ask for such waivers for EVERYONE who stopped out? If not, it is discrimination against you based on your disability. And revealing your disability to other admissions offices is a violation of your rights. I'm guessing because it is a state U. system that the person you talked to thought it wasn't a problem because they are all part of the same "system" and so effectively the same organization? I'd guess if they have separate admissions that's a pretty weak argument.

Excellent work advocating for yourself! Crossing fingers that the Lt. Gov. does something. AMAZING that you got through to him. Super super job.

PLUS they have violated your privacy by TELLING the other institutions that they should get such a release. sheesh.

All I can add to the above is this: YOU GO, GIRL!!!! Go get 'em.

You deserve much better than this.
 
Uhh... School system... The word I hate quite a lot.

I went through the school systen up till now an had no good, and very little luck, so of advice, I am not the right person, I apologize for that.

What I can offer you on this, however, is care, support, hugs and an ear. PM me if you feel the need to vent, I know how you feel :hug:
 
Pretty much every public university in my state is requiring I do what that letter requires in order for them to consider admission at a new institution and that my records would no longer be protected under HIPAA. They would be under FERPA, educational records law, and accessible by anyone at my university or anyone at another institution, “with a legitimate educational interest” – which I have been told is basically anyone and rarely ever enforced or tracked.
Does this disclosure only apply to public universities inside the state that your first university (the one that started this all) is in? Or does it apply to any public university in any state where you reside?
Are private institutions exempt?
And is there an expiration (like, when you complete the degree level you were initially working on)?
 
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