Legal Question in Civil Rights Law in Virginia
Blocked from getting an education due to college withholding crime information
I'm not sure which area of law this question falls under. If I selected the wrong category, I apologize.
Basically, my question is this:
If a college withholds information that is preventing a victim of a crime from receiving an education, is there any legal recourse for that victim? Or, are colleges allowed to withhold any and all information at their own discretion?
My friend's daughter was brutally assaulted on her college's property 6 years ago. The college handled the matter internally. No criminal charges were filed. She was unable to finish college because of the trauma and developed severe PTSD. It took all of this time to heal, and she wants to return to another school. Within the past year, she went back to her college to seek their help so that she could return to school, but they refused to divulge any information about the crime, citing confidentiality. Unfortunately, my friend's daughter needs to have it verified that this attack really occurred to return to school. (The schools that she wants to attend are having a hard time understanding what happened to her. They tell her, ''You have no proof that such a crime existed.'') She is blocked from returning to school because her college will not share their secret.
1 Answer from Attorneys
Re: Blocked from getting an education due to college withholding crime information
Your friend's daughter should've sued the college when she had the opportunity to do so (meaning within two years of the attack)and during the pretrial discovery process, the school would've been required to turn over all the information which she is now apparently seeking. Very likely, the reason that the college now refuses to do so has to do with their own possible liability in the matter which really is the only confidentiality issue that they're probably concerned about in this matter.
The daughter would probably be well advised to arrange for a consultation with a personal injury lawyer in her area to determine whether there might be some exception to the statute of limitations which might apply to her particular case that would allow her to still pursue the matter litigiously, even at this apparent late date.
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