That attorney said the facility considers employee records confidential, because many are former patients, so releasing them would violate Narconon's physician-patient privilege.
They have separate files for staff and students. If a student joins staff, a separate staff folder is made up and kept in Div 1. I have seen them. Nothing confidential about them.....
I don't doubt that for a second. What I'm wondering is if the arguement narCONon made, that the records shouldn't be released because the staff were formerly patients, can be used to show that narCONon is using untrained people to staff their facilities??
Narconon always hides behind the federal laws regarding the rights of a recovering drug/alcohol when it comes time to divulge personal information (yet they violate all the time), but according to this article it that is not always correct. The ADA provides that any employee or job applicant who is “currently engaging” in the illegal use of drugs is not a “qualified individual with a disability.”http://www.usccr.gov/pubs/ada/ch4.htmAnd Title 42(a) Qualified individual with a disability For purposes of this subchapter, a qualified individual with a disability shall not include any employee or applicant who is currently engaging in the illegal use of drugs, when the covered entity acts on the basis of such use. (b) Rules of construction Nothing in subsection (a) of this section shall be construed to exclude as a qualified individual with a disability an individual who— (1) has successfully completed a supervised drug rehabilitation program and is no longer engaging in the illegal use of drugs, or has otherwise been rehabilitated successfully and is no longer engaging in such use; (2) is participating in a supervised rehabilitation program and is no longer engaging in such use; or (3) is erroneously regarded as engaging in such use, but is not engaging in such use; http://www.law.cornell.edu/uscode/text/42/12114
Judge Bland;This transmission is being sent to you regarding the Landmeier vs. Narconon of Oklahoma Civil Case.The Defendants will be objecting to the Student, Trainee, or Employee records that have been selected for production in your Court on Dec. 3rd.The Students, Trainees or Employees are not being notified that any Records being produced have a Protective Order applied to them.The individuals that have been selected are basically being encouraged to object to their Records being produced in your Court.The Board of Directors of Narconon of Oklahoma, Inc., have retained McAlester attorney Jeffrey H. Contreras to file these objections in your Court.Mr. Contreras has represented a few Narconon Arrowhead Staff Members in the past. After reviewing his criminal record, it is my belief Mr. Contreras has either attended the NN AH program or is a graduate.Also, Mr. Contreras stood in as representation for Erica Catton during her Divorce Proceedings with Lucas Catton, former Narconon Arrowhead President.I am sending this to you in order to preempt a waste of the Court’s time. The Defendants are seeking to delay these proceedings in any way that they can, as they have for the past few years.The recipient of the attached letters wishes to remain anonymous unless asked to come forward by the Court with the originals as received.~ Anonymous
McALESTER, Oklahoma - A select few will know what investigators found inside the walls of a controversial Oklahoma drug rehab facility where three patients died.A judge ruled Friday attorneys suing Narconon Arrowhead should see the investigators' report, but the patients' families are still fighting for the report to be made public.A father's grief has become his mission. Robert Murphy's daughter Stacy, is one of three patients who died in rehab at Narconon Arrowhead in less than a year's time.“I see God's blessing even in our loss,” he said. “It doesn't take the pain away, but it definitely puts purpose to it.”Stacy's death was ruled an overdose, but her father says employees at the Scientology-based facility knew his daughter was on the verge of an O.D., but let her die.The two other deaths remain a mystery. The medical examiner could never figure how Gabriel Graves or Hilary Holten died.“Knowing they're still open and operating and still doing the same things that they're doing to the public, it's something I can't accept. They have to be closed,” Murphy said.