Ohio State released details about the Strauss Individual Settlement Program Friday, which would provide settlements to some victims of former university physician Richard Strauss. Credit: Christian Harsa | Special Projects Director
Ohio State released information Friday about its program to provide individual settlements to some victims of former university physician Richard Strauss, including using a tiered system to award up to about $31.6 million in total settlements.
The Strauss Individual Settlement Program, which the university proposed in a court filing Monday, will provide individual settlements of up to an average of $252,551 to Strauss victims involved in five open cases against the university. Individual settlement amounts will be determined by an independent administrator and allow for additional money to be awarded on a case-by-case basis and plaintiffs are only allowed to participate through their counsel.
“Ohio State remains committed to acknowledging the condemnable behavior of a medical doctor who so clearly betrayed his position of power and trust,” University President Kristina M. Johnson said in a press release. “We once again thank the survivors for coming forward and the courage to bring this abuse to light.”
Strauss was a physician at the university’s Student Wellness Center and the team doctor for 17 varsity sports from 1978-98. An independent investigation found in May 2019 that Strauss sexually abused at least 177 students and student-athletes during his time at the university and that Ohio State failed to act.
Strauss died by suicide in 2005.
Victims will receive settlement amounts based on a five-tier system, ranging from the cost of counseling for those who “come forward with story of personal impact” to $250,000 for those who were anally raped or otherwise endured “significant sexual acts,” according to the program protocol. The cap on the university’s payment of monetary settlements is about $25.1 million.
The program also outlines an “extraordinary injury fund” that would provide up to an additional $350,000 to individual victims in tiers 1 and 2. The extraordinary injury fund has a cap of $6.5 million.
Settlement amounts will be independently administered by Matthew Garretson, who served as the independent special master in the March 6, 2020 and Oct. 12, 2020 settlements involving 185 Strauss victims, according to the program protocol. The university does not have any responsibility or role in administering or operating the program.
In a court filing Tuesday, several attorneys representing 121 Strauss victims in one of the five cases condemned the university’s proposed program as violating court settlement rules. The seven attorneys argued the university’s program proposal should have been discussed privately between counsel and that it was “not made in good faith.”
“Contrary to OSU’s claims, OSU has not tried to reconcile or restore the bond with its former students,” the filing states.
Participating plaintiffs must disclose their identity to Garretson and other members of the Settlement Appeal Panel, according to the program protocol. Neither Garretson nor the panel will disclose claim information to Ohio State or its counsel.
According to the program protocol, eligible claimants that participate may appeal Garretson’s determination of monetary settlement amount to a three-member panel, consisting of Garretson and two other individuals — one appointed by Garretson and one by Ohio State through its Settlement Appeal Panel.
In order to qualify for the program, Garretson will confirm that claimants are male, have attended the university during the time Strauss was employed and were examined — and abused or harassed — by him, did not participate in the previous settlements and are part of one of the five open cases.
Anyone who participates in the program waives their right to pursue legal action related to Strauss, sexual abuse and failure to act against the university, Garretson, the settlement appeal panel and anyone related to Strauss, according to the program protocol.
Victims will have until midnight Sept. 4 to participate in the program, with individual settlement amounts to be announced to counsel by Oct. 4, according to the website. They will have two weeks afterward to file an appeal, and payment will be given “within a reasonable time” after appeals have reached decisions, the program protocol states.
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