Author Archives | Maddox Brewer Knight, Opinion Columnist

Brewer Knight: Are Your Secrets Safe With UO Therapists?

In 2014, a University of Oregon freshman known anonymously as Jane Doe made a chilling report to the Eugene Police: the student alleged that she had been cornered in a bathroom and repeatedly gang-raped by three Ducks basketball players. 

Jane had survived the barbaric incident, but her ordeal was far from over. She pursued justice through the school’s official channels and did what most would do when confronted with such unthinkable trauma — she sought therapy. 

But neither of these resources provided the safe haven Jane had been promised. UO purposefully delayed their internal disciplinary proceedings, allowing the three players to finish their sports season before expelling them. 

The players – Damyean Dotson, Dominic Artis and Brandon Austin – were ousted from the university two months after the incident occurred, but their punishment was hardly draconian. Despite the UO Director of Student Conduct deeming them guilty of sexual misconduct, the students were banned from campus for a mere four years. Their records were scrubbed, allowing them to transfer to other colleges and continue their careers without consequence. 

However, this crass prioritization of sports revenue-generated profit over safety was just the beginning. In a shocking violation of trust, the UO General Counsel’s office worked with the UO Counseling Center to access the private records from Jane Doe’s post-assault therapy sessions. 

The UO Counseling Center shared these sensitive transcripts with the university’s lawyers in an attempt to preemptively formulate a counterclaim — in simpler terms, powerful institutional officials rifled through transcripts of the woman’s darkest hours, twisting her own words against her to squash a lawsuit she hadn’t even made yet. 

This atrocious act was brought to public attention when Karen Stokes, the Counseling Center’s director’s assistant, defied orders and showed the paper trail to Jane Doe’s therapist, Jennifer Morlok, who had not been informed that her patient’s records were being distributed behind her back. 

As dedicated mental health professionals, both women were appalled — therapists are sworn to protect their clients’ sensitive information, not to deliver it into the malevolent hands of litigators. 

As mandated by her oath, Morlok reported this infraction to the Oregon Bar and the Psychologist Board, breaking the story. News of their whistleblowing circulated and Stokes was dismissed by the university, while Morlok cited social ostracism as the reason for her resignation. 

In the light of this news, Jane Doe filed a lawsuit against UO for mishandling her sexual assault claim, asserting that the university had abused her therapy records and that the basketball coach, Dana Altman, had recruited her alleged assaulter Brandon Austin despite knowing his history of sexual misconduct

This was the moment they had been waiting for. UO replied with a vicious counterclaim, in which they accused Jane Doe of fabricating her claims and damaging the credibility of real victims with her “frivolous” complaints.   

The court ruled in Jane Doe’s favor and the student settled for $800,000, but the grievous lack of privacy at the root of this case has not been amended. UO’s actions were, and still are, technically legal. 

As an extension of an educational institution, UO Health Services are regulated by the Family Educational Rights and Privacy Act, instead of Health Insurance Portability and Accountability Act, which regulates most federal healthcare. As FERPA is the less-protective of the two privacy acts, students have far fewer privacy rights when seeking care on-campus than they would with an off-campus, private practitioner. 

A legal loophole entitles UO to access their students’ personal healthcare records whenever they are deemed necessary for a litigation defense — i.e., if the school thinks the student is going to sue the institution. This lack of confidentiality is especially dangerous with regards to sensitive matters like therapy, sexual assault response, substance abuse counseling, STD screenings and contraception — all treatments which UO Health Services provides. 

Following the 2015 controversy, the school amended its confidentiality policy to grant students more power over their own records, but their new policy still entitles the school to subpoena information in the instance of an “actual or anticipated lawsuit.” This update is a step in the right direction, but the underlying vulnerability of FERPA-based healthcare has not been fully erased.   

Each fall, campus lampposts flutter with fliers encouraging students to enroll in the UO Health Plan — but only in the fine print does the university acknowledge the plan’s inadequate protections of privacy. 

UO junior Emma Deutschman says she was not made aware of the privacy policy during her visits to campus clinicians. “If it was in any of the agreements, I definitely scrolled right past it,” Deutschman said.

University of North Carolina law professor and disability rights specialist Katie Guest Pryal advocates to avoid FERPA-regulated campus healthcare entirely, but the solution isn’t so simple — for many students, especially those whose parents don’t have health insurance or have coverage in a different state, the insufficient UO Health Plan is all they can afford. 

The current system preys on students who can’t afford off-campus healthcare, portraying privacy as a luxury to be bought and vulnerability as a price to pay. 

Additionally, navigating off-campus healthcare can be confusing. 

“All the off-campus psychiatrists didn’t take my insurance or they weren’t accepting new patients,” Deutschman said. “There’s a lack of knowledge on who is in practice in Eugene and where to find them; it’s just not something that’s advertised very much. UO makes frequent emails about getting healthcare and therapy services. It seems convenient since it’s right on campus, but then the waitlist is twelve months long.” 

But how do we fix such a malignant systemic issue? On a local level, it should be required to verbally and explicitly inform all incoming students, parents and university therapists that any information shared in UO Counseling can be used against the patient in the case of a lawsuit. Students have a right to know their risks when utilizing campus services, especially to prevent themselves from possible self-incrimination. 

Nonetheless, warnings are only a Band-Aid solution. The crisis will not be resolved until FERPA is amended to grant students greater rights to privacy — at the very least, schools shouldn’t be able to weaponize student’s private information in a counterclaim until after the student makes an initial lawsuit. 

Like Morlok, most UO counselors are trustworthy professionals who strive to provide high-quality care for students. 

Unfortunately, they aren’t the only ones with access to your private information — school officials can also obtain your records, and they are less interested in ensuring your mental wellbeing than in covering the school’s back. If you ever face such a situation, you should not trust the institution to keep your best interests in mind. No student should have to go through what Jane Doe went through. 

As a major institution, UO wields extensive power over its students. This is more than just a local or isolated issue; this is a national power struggle in which institutions’ financial interest in preventing costly lawsuits increasingly encroaches upon their students’ rights. 

Any students who seek on-campus healthcare must be aware of their limited rights to privacy. All students should be careful about what they share with campus healthcare practitioners. When you share something with a UO counselor, you might unintentionally be sharing it with UO lawyers as well.

Posted in UncategorizedComments Off on Brewer Knight: Are Your Secrets Safe With UO Therapists?

Brewer Knight: The $18K Article: How Paywalls are Gatekeeping Knowledge

At age sixteen, I vowed to become civically informed. I had just registered to vote, and the political jargon behind the plexiglass windows of newspaper boxes blinked out at me with pressing urgency. Soon, I would have to actually understand these headlines, and I would be trusted to cast my ballot accordingly.

I began in the most straightforward way I could imagine: I googled “New York Times.”

Within two seconds, my journey of civic literacy hit a wall — or more precisely, a paywall. From the “Los Angeles Times” to the “Atlantic,” each article I clicked was swiftly concealed behind a demanding pop-up. 

Knowledge came at a price, and it was oftentimes upwards of $20 per month. Stingy as usual, I pieced together my understanding of world events from online trials and free newspapers from swanky hotel lobbies until I arrived at the University of Oregon.

My UO ID was a masterkey. With an institution attached to my name, I could bypass paywalls for the “New York Times,” the “Los Angeles Times,” the “Washington Post” and unlimited academic articles on JSTOR. My newfound access was dizzying, yet I was struck by the realization that I never should have lacked it in the first place. 

College students pay hefty tuition fees for access to curated classes, professors’ instruction, tutoring and certifications for their field — but, unbeknownst to many, they are also paying for the privilege to teach themselves. Due to institution-wide subscriptions, knowledge hidden behind paywalls becomes an unspoken perk to college tuition. 

Instruction, interaction and unique experiences make universities worthwhile, but access to raw information shouldn’t be gatekept for those who can afford a college degree. On the contrary, free scholarly materials are even more crucial for those who don’t have the wisdom of librarians, tutors and professors at their disposal. 

This inequity only furthers the divide between college students and the rest of the world, promoting elitism and division — students who feel privy to exclusive information are quick to weaponize their “I’m-an-intellectual-and-you’re-not”  attitude, a phenomenon which I have encountered all too frequently throughout my freshman year. 

This predicament becomes even more important during election season, when misinformation can run rampant. As easy as it may be to mock your uncle who reposts falsified articles on Facebook or your neighbor who regurgitates fear-mongering “Fox News” features, how can we blame readers for getting their information from reactionary right-wing sources if those sources are free, yet more reputable newspapers charge prohibitive access fees?

In this instance, entire points of view are being gatekept, disseminated through articles written by and for the affluent and educated. There is no chance for dialogue or constructive conversation in a world of echo chambers, and people are unlikely to challenge their own beliefs if they can’t afford access to opposing viewpoints. 

But how can we remedy this situation? Public libraries offer a promising solution.

As a paragon of open access, libraries have successfully implemented open-access programs like Kanopy, a streaming service that allows anyone with a library card to watch up to six free movies per month. While niche, Kanopy has found major success in the fifteen years since its release, providing education and enjoyment to thousands of users — but this trend doesn’t have to stop with cinema. 

With federal funding, libraries could arrange subscriptions with prominent publications to grant cardholders access to a set number of free weekly articles from various sources, allowing readers to access a diversity of opinions and bridging the information gap. 

After all, knowledge is a power that should not be gatekept by private institutions, but instead freely available to all those who wish to seek it.

Posted in UncategorizedComments Off on Brewer Knight: The $18K Article: How Paywalls are Gatekeeping Knowledge