University officials “are often thinking about protecting the school, not protecting the client.'
Lilia Kilburn speaks to Harvard University students and faculty who walked out in support of her and two others suing the school for its handling of sexual harassment allegations, in Cambridge, Mass., Feb. 14, 2022.
In this tangle of charges and claims — with so many facts in dispute — lies a messy reality: 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, like releasing medical records. And because so many accusers make claims without a lawyer, as Kilburn initially did, they rely on universities to guide them through the thicket.
Yet Harvard, the lawsuit said, contacted Kilburn’s psychotherapist, who was not affiliated with the university. The complaint suggests that Harvard somehow persuaded the therapist to disclose information without authorization.Comaroff “deployed the notes to gaslight Ms. Kilburn, claiming that she must have imagined that he sexually harassed her because she was experiencing post-traumatic stress disorder — a condition that she developed as a direct result of his conduct,” the complaint says.
But whether Harvard should have pursued the confidential records is another matter, according to Caplan. One of Comaroff’s lawyers, Ruth O’Meara-Costello, denied that he had gaslighted Kilburn. She said in an email that she had worked with the same investigator in other Title IX cases, and that “she is scrupulous about communicating to both parties that information and documents they share with the investigators will also be provided to the other party.”
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