Seven midwestern universities voiced their support Wednesday for Ohio State’s appeal against a decision that now allows over 100 victims of former university physician Richard Strauss to move forward with their case against Ohio State. Credit: Casey Cascaldo | Lantern File Photo
Seven midwestern universities voiced their support Wednesday for Ohio State’s appeal against a decision that now allows over 100 victims of former university physician Richard Strauss to move forward with their case against Ohio State.
This amicus brief — a petition filed by unrelated parties to a case in support of an action to try to influence the court — was submitted by Bowling Green State, Cleveland State, Michigan State, Eastern Michigan, Michigan, Oakland and Purdue universities. The briefs come after lawyers representing Ohio State filed for a rarely granted en banc review Sept. 28, hoping to challenge the Sixth Circuit Court of Appeals decision that reversed the dismissal of the cases allowing victims to sue the university.
According to the brief, the seven universities said the court’s ruling could put universities at risk of being sued over decades-old claims.
“By effectively eviscerating the statute of limitations for Title IX claims, the panel’s opinion puts schools in the impossible position of being forced to defend against claims where the only evidence remaining may well be the plaintiff’s own say so,” the brief stated.
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 that university officials were aware of the abuse and failed to prevent or address it.
Strauss died by suicide in 2005.
Mostly concerning the precedent the Sixth Circuit’s ruling would set by extending Title IX’s statute of limitations, Ohio State’s en banc petition said the ruling conflicts with decisions established by the Supreme Court and the Sixth Circuit Court of Appeals.
In September 2021, a federal judge dismissed more than a dozen lawsuits against the university for being filed past the two-year statute of limitations on civil sexual abuse cases.
University spokesperson Ben Johnson referred The Lantern to statements from the other universities and the amicus brief.
Purdue University spokesperson Tim Doty said in an email Purdue has an unwavering commitment to Title IX protections of its students, and the court’s decision could divert Title IX resources away from students.
The six other universities did not respond to requests for comment from The Lantern by the time of publication.
The amicus brief stated this ruling may also impact universities’ abilities to conduct their own investigations.
“Independent investigations are a valuable tool— they can uncover past wrongdoing, promote transparency, facilitate voluntary reconciliation, and improve processes to prevent future harms,” the brief stated. “But if the cost of such investigations is near-limitless liability on decades-old allegations, schools may well hesitate to undertake them in the future.”
Ilaan Maazel, an attorney representing the victims, said the en banc petition attempts to delay justice for the survivors and prevent Ohio State from taking accountability.
“There are 4,000 universities in the United States. Seven of them support OSU, and a few of those seven themselves have had massive sexual abuse scandals,” Maazel said. “So, not much more needs to be said.”
Of the seven universities named in the amicus brief, two had Title IX abuse cases involving university doctors.
Former Michigan State University doctor Larry Nassar pled guilty to 22 counts of criminal sexual conduct of the first degree. In 2018, more than 100 new victims of Nassar came forward.
The University of Michigan agreed to a $490 million settlement in January with more than 1,000 people who say they were sexually assaulted by former university doctor Robert Anderson.
Since 2018, more than 500 victims of Strauss — nearly all men — have sued the university for failing to address Strauss’s abuse and harassment. Including the most recent settlements in July, 296 victims have settled in exchange for dropping lawsuits against Ohio State, totaling $60 million.
Ohio State is still awaiting a court’s decision on the en banc appeal.
This story was updated at 3:15 to include a statement from an attorney representing the plaintiffs.
