Plaintiffs seek to appeal a ruling that dismissed their claims on the grounds that the statute of limitations had passed, which is two years for civil lawsuits in sexual assault cases.
Credit: Mackenzie Shanklin
Lawyers representing over 80 plaintiffs argued in federal appeals court in Cincinnati Tuesday to overturn a judge’s dismissal of lawsuits that sued Ohio State for how it handled Richard Strauss’ abuse of students.
Plaintiffs seek to appeal the September 2021 ruling that dismissed their claims on the grounds that the statute of limitations had passed for victims to file a lawsuit, which is two years for civil lawsuits in sexual assault cases.
“It had been our belief since the beginning when we filed the suit that OSU be held accountable for their knowledge of the sexual abuse of Dr. Strauss and their refusal to remedy the situation and thereafter cover it up,” Scott Smith, an attorney representing the victims in the appeal, said.
Strauss was a varsity team sports doctor and physician at the Student Health Center from 1978-1998. An independent investigation in 2019 found that Strauss sexually abused at least 177 students and student-athletes during his tenure, and university officials were aware of the abuse and failed to prevent or address it.
Strauss died by suicide in 2005.
Since 2018, more than 500 victims of Strauss — nearly all men — have sued the university for failing to address Strauss’ abuse and harassment.
Smith said the case is being heard in the Court of Appeals because the two-year statute of limitation requirement held against the victims does not apply. He said the claim within their lawsuits was filed under Title IX, which does not have a time limit.
“Clearly all of our clients were abused many, many years ago. So, if you started from the date they were abused and add the years, we’re beyond the statute of limitations, but it’s not that simple,” Smith said.
Mike Carpenter, one of the attorneys representing Ohio State, said in the hearing the two-year time requirement would have gone into effect at the moment of the abuse, arguing the cases are beyond their limit. He said athletes complained of the abuse while at Ohio State.
“They knew they were telling folks about it and it was still continuing on,” Carpenter said. “They knew it was pervasive. They knew it was affecting them.”
According to Oyez, in the Supreme Court case of Rotella V. Wood, the Court found that the statute of limitations on the civil case began when the injury occurred, not when the claimant discovered the injury.
Ilann Maazel, an attorney representing the victims in the appeal, said in the hearing the statute of limitations used for the dismissal is inaccurate because the victims might not have known they were being abused and of Ohio State’s inaction with their complaints later on, which enabled the abuse to continue for years.
“OSU has the burden on its affirmative statute of limitations defense to prove that that student, that teenager, knew or should have known first that his uncomfortable medical exam was actually a sexual abuse by a medical doctor, and that OSU itself enabled and caused the abuse,” Maazel said.
A Lantern investigation found that the university’s Office of Government Affairs led a coordinated effort to block House Bill 249, legislation introduced in May 2019 to waive the statute of limitations on civil sexual abuse cases for Strauss victims.
University spokesperson Ben Johnson said in a statement that Ohio State offers its regret and apology to the victims of Strauss’ abuse. All male students who filed lawsuits were given the opportunity to settle with the university, he said.
“Ohio State is a fundamentally different university today and over the past 20 years has committed substantial resources to prevent and address sexual misconduct. These actions include new policies and programs, mandatory training, centralized reporting, additional staffing and resources throughout the university, including in athletics and the medical center,” Johnson said.
Ohio State settled with an additional seven victims Friday, according to a university press release. The most recent settlement brings the total amount to $60 million among nearly 300 men, who settled in exchange for dropping lawsuits against Ohio State.
“We continue to work toward restorative justice for survivors,” University President Kristina M. Johnson said in Friday’s release. “This doctor’s conduct was abhorrent, and we are grateful for the survivors’ strength and courage.”
The Court of Appeals can make its decision in as little as a month or over several years. According to the Court of Appeals of Ohio website, a decision will usually be made within 60 days of the oral argument. If the court decides to overrule the dismissal, the lawsuits can continue towards trial in district court.
