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Thomas Swartz
Thomas Swartz, Lawyer
Category: Criminal Law
Satisfied Customers: 2796
Experience:  Twenty one years experience as a lawyer in New York and New Jersey. Former Appellate Law Clerk.
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In an accusation of harassment, do I have the right to

Resolved Question:

In an accusation of harassment, do I have the right to know what I was accused of and who accused me? I was accused of making in appropriate remarks as a patient at a dialysis clinc to a worker, but they refused to tell me what the complaints are and who made them. The complaints have been placed in my permenent file and I am not allowed to see them or respond to them. because of "Privacy issues." What are my rights?
Submitted: 5 years ago.
Category: Criminal Law
Expert:  Thomas Swartz replied 5 years ago.

HelloCustomer

If you are charged with any sort of criminal charges of harassment you certainly are entitled to know what you are accused of and who accused you. But as far as any internal clinic records, you probably don't have the right to see those. You would have the right to see your medical file. But if the complaints were made in some sort of internal clinic file separate from your medical file, you would not have the right to see those as those would be considered the property of the clinic. My suggestion would be to ask for your medical file, and see if anything in there is recorded about the accusations.

Thomas

Customer: replied 5 years ago.
They have also threatened to throw me out of the clinic and I have also been the subject of sexual harassment by clinic employees! How can I respond to such allegations? This is ridiculous, They come up to me in front of all of the other patients and tell me I have been accused of making in appropriate remarks and I am not allowed to know what they are or who made them?
If they throw me out the next closest dialysis center is over two hours away in Amarillo, TX.
Expert:  Thomas Swartz replied 5 years ago.

It certainly sounds like they are being unreasonable. I think you need to go higher up on the chain of command at the clinic. Perhaps you should try to speak with the director or manager of the clinic to see what is going on. I suspect that they might be fearful of you bringing a sexual harassment action against them and so they are unwilling to disclose any information to you unless and until you commence an sexual harassment against them. If you do decide to bring some sort of sexual harassment or sexual battery action against them, then in the process of discovery in the lawsuit, you would be able to examine their records.

Thomas

Customer: replied 5 years ago.
You misunderstood. A Nurse Julie would always rub her groin against me (my leg) and position her groin against my groin when she was hooking me up to the dialysis machines. She would put her lips next to mine when I talked to her. She would tell me intimate details about her sexual life with her husband and how he abused her. When I asked her to stop being so forward with me, because I was sterile and impudent. she told me "you still have a tongue." When I saw her doing this to other men, I told her that she enjoys getting us excited. She said "oh, is that what I am doing." She and I also have told each other sexual jokes and we both laughed along with most of the other employees and patients.

While she was on vacation another man mentioned that Julie rubs herself against him. It is after this that the complaints against me came up, but we also have new nurses who are very sensitive, and he is a man. He may have complained about a joke I told him and he is the best friend of Julie.

As you can see, I never complained previously, but she may now be complaining to save herself. I did not want to get her fired.
Expert:  Thomas Swartz replied 5 years ago.

You would definitely have a valid claim against Nurse Julie and the clinic for Julie's conduct. It is only up to you to decide whether or not to bring legal action against them. Indeed, I agree Nurse Julie may be complaining to protect herself. But if she has done the same conduct to other patients, perhaps all of you should make a complaint to the clinic's management.

Thomas

Thomas Swartz, Lawyer
Category: Criminal Law
Satisfied Customers: 2796
Experience: Twenty one years experience as a lawyer in New York and New Jersey. Former Appellate Law Clerk.
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