"The very act of making a sexual harassment claim can set off a convoluted legal procedure, in which the accusers may not fully understand the rules or the repercussions of any decision..."

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"... like releasing medical records.... The chain of events was set off when Harvard asked Ms. Kilburn for the names of people who had information that would be relevant to her case, her lawyers said. She gave Harvard’s Office for Dispute Resolution the name of her psychotherapist.... The complaint suggests that Harvard somehow persuaded the therapist to disclose information without authorization.... Harvard said it would only contact a therapist if a patient said the therapist had relevant information — and then only with consent.

But whether Harvard should have pursued the confidential records is another matter, [said Arthur Caplan, a professor of medical ethics at NYU].'That’s very murky in terms of consent, because she’s pressured, she’s vulnerable... Does she really know what she’s turning over? It’s a very fraught situation.... I’m not even sure if you said it was OK to share it, that it would be OK to do it anyway.' Neither side would release the name of the therapist. Harvard also said that the parties to a dispute were told that information would be shared with both sides, and that if they were not willing to share it, they should not submit it. This is standard practice under Title IX, the federal education law that mandates investigations into sexual harassment claims, said Brett Sokolow, a lawyer and president of the Association of Title IX Administrators, who is unconnected to the case. Harvard said that all parties were notified — during interviews and in writing — of the requirement to share documents....."

From "After Sexual Harassment Lawsuit, Critics Attack Harvard’s Release of Therapy Records/The very act of making a sexual harassment claim can set off a convoluted legal procedure unfamiliar to accusers. Experts say the university has both legal and ethical considerations" (NYT).

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