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This commenter mentioned that information about sexual assault may possibly include medical facts as sensitive Protected Health Information (PHI).
A receiver must comply with all rules that utilize to it and is finest positioned to identify whether or not and how HIPAA may possibly utilize to it. If the tutorial report of a occasion is straight related to the allegations of sexual harassment, then the receiver may possibly receive, accessibility, use, and disclose these types of evidence as component of the investigation beneath § 106.45.
For instance, if a complainant alleges that the complainant commonly skipped classes as a final result of the sexual harassment, then the attendance data of the complainant for that course are specifically connected to these allegations. The Department disagrees that attorneys should conduct this overview as lay folks also may possibly identify what proof is immediately related to the allegations lifted in a formal criticism. The Department agrees that a recipient will need to have to review all the proof acquired as component of the investigation and identify what proof is straight similar to the allegations elevated in a official grievance. Indeed, § 106.8(c) calls for the receiver to notify applicants for admission and employment, pupils, mother and father or authorized guardians of elementary and secondary school students, workforce, and all unions or specialist corporations holding collective bargaining or experienced agreements with the recipient see of the recipient's grievance procedures and grievance method.
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