Judge: U. can view former student's diary

Former University student Lisa Topol, who has accused former Assistant English Professor Malcolm Woodfield of sexual harassment, must turn her diary over to the court, U.S. District Court Judge Anita Brody ruled earlier this week. Topol filed suit against the University in March 1994. In the suit, she claims the University violated her rights by failing to resolve her complaint for an extended period of time. Her federal case is scheduled to begin in April. "Since I conclude the diary is relevant and nonprivileged and that disclosure will not cause undue annoyance, embarrassment, or oppression, I will grant defendants' motion to compel discovery and deny plaintiff's motion for a protective order," Brody wrote in her opinion. Topol's case is currently in discovery, a period before a trial in which the prosecution and defense exchange information they may use as evidence in the case. Topol's attorney Alice Ballard argued that a law, the psychotherapist - patient privilege shields, protects Topol's diary from discovery. But Brody ruled that the patient privilege "fails to shield information relevant to a patient's mental state where the patient's mental state is in issue." Brody further explained that because Topol alleged that her sexual relationship with Woodfield caused her to become "depressed, anxious, and fearful" her mental state is an issue and that Topol waived her rights to the diary. Mary Kohard, outside counsel for the University, said the case is proceeding along well. "I haven't seen the diary," Kohard said. "We wanted to see the diary. She identified it as a relevant document." Topol is also suing Woodfield in Philadelphia Common Pleas Court and has filed a suit against Bates College in Maine. Woodfield has admitted that he had sex with Topol and that this was unethical under the University's policies. He resigned last April amidst hearings investigating the matter. Topol's suit against Bates College claims administrators withheld information about sexual harassment charges allegedly made against Woodfield by students at the liberal arts college where he taught for two years. Alice Ballard, Topol's lawyer, could not be reached for comment.

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