Attorneys representing 121 victims of former Ohio State physician Richard Strauss filed a response in the U.S. Southern Ohio District Court Wednesday condemning the proposed creation of a settlement plan by the university.

Mackenzie Shanklin | Lantern File Photo

Ohio State’s total spending on Strauss case still a fraction of other universities’ settlements

As Ohio State prepares to go to the U.S. Supreme Court for answers to key questions around Title IX, how much did Richard Strauss’ behavior cost university officials and those who experienced it?

Tom Hanks

John R. Oller Special Projects Editor

Ohio State and the hundreds of survivors of former university physician Richard Strauss’ sexual abuse have spent years and waged several legal battles, often with millions of dollars at stake.

As the U.S. Supreme Court prepares to decide if it will hear a case brought forth by Ohio State, answers to key questions around Title IX, and who those protections extend to could potentially be revealed.

Steve Snyder-Hill has consistently called out the university for avoiding accountability in handling of Strauss’ sexual abuse cases.

Courtesy of Stephen Snyder-Hill

According to records and information provided by Ohio State, the university has so far spent nearly $75.5 million, roughly two-thirds of which are payments to survivors. Those payments, which average around $252,000 per person, come from an individual settlement program Ohio State established in 2021 as well as group settlements.

What may seem like a lot of money, is a fraction of what other universities have paid to settle similarly high-profile sex abuse cases.

With 11 lawsuits still pending in court — awaiting the high court’s decision — one Strauss survivor who has not settled said the biggest issue is not the amount of money he could receive, but how hard the university is fighting to avoid accountability.

For example:

The University of Michigan paid an average of $438,000 to survivors of physician Robert Anderson in a January 2022 settlement.
In 2018, Michigan State agreed to pay an average of $1.2 million to survivors of Dr. Larry Nassar.
The University of Southern California paid survivors of Dr. George Tyndall an average of $1.2 million in a March 2021 settlement.

“I’m not a greedy person, the amount of settlement to me is not what matters to me the most about what they’re doing right now,” Steve Snyder-Hill, an Ohio State student from 1991-2000, said. “It’s how they’re conducting themselves and how they feel like that none of the rules apply to them on even taking this to court — they’re saying out the gate, ‘We’re going to throw this away because it’s too late.’”

University spokesperson Ben Johnson disagrees.

“Ohio State has sincerely and persistently tried to reconcile with survivors through monetary and non-monetary means. Plaintiffs had the opportunity to settle through mediation, an individual settlement program, or separately negotiated group and individual settlements,” Johnson said in an email. “All male students who filed lawsuits have been offered the opportunity to settle, and the majority of survivors have settled their claims.”

How much has the university spent?

Richard Strauss in his Ohio State College of Medicine photograph. A federal court unsealed testimony Tuesday from university employees that detail administrators’ knowledge of Strauss’s abuse.

Courtesy of Ohio State

Richard Strauss was a varsity team sports doctor and physician at Ohio State’s Wilce Student Health Center from 1978-98. Strauss died by suicide in 2005.

A 2019 inquiry by law firm Perkins Coie found that between 1979-96, Strauss sexually abused at least 177 patients — all male — under the guise of medical treatment, and the university failed to act.

That investigation cost Ohio State just under $7.6 million, Johnson said.

Information supplied by Ohio State also shows litigation and mediation in Strauss-related lawsuits cost the university just under $8 million.

Since 2018, more than 500 victims of Strauss have sued the university for failing to address Strauss’ abuse and harassment. As of July 2022, 296 people have settled with the university — costing Ohio State a total of $60 million.

Though some settled under the program established in May 2021, 11 lawsuits representing hundreds of men and their families are attempting to move forward.

In September 2021, a federal judge dismissed all the active cases against Ohio State over its handling of Strauss’ abuse on the grounds that the statute of limitations had passed.

In Ohio, the statute of limitations in civil sexual abuse cases is two years. In his ruling, Judge Michael Watson said the clock stopped two years after each survivor left the university.

A year later, the Sixth Circuit Court of Appeals reversed that decision, ruling that the two-year statute of limitations does not apply to the cases. The court ruled victims could not have known that Ohio State officials knew about the abuse until 2018, when initial reports of Strauss’ behavior surfaced, it was announced an outside investigator would be brought in to look into the abuse.

The university appealed — requesting an en banc review, a rare legal technique which would have required all 16 judges in the Sixth Circuit to review the case.
The appeal was denied in December 2022.

The university petitioned the U.S. Supreme Court for an answer to the questions of when the Title IX clock starts, and who those protections extend to, according to its website on the matter.

Twenty-two colleges and universities have voiced their support for Ohio State, filing an amicus brief April 18 to ask the Supreme Court to accept the case, stating the Title IX case is of “immense importance to institutions of higher education.”

These include Purdue, Michigan and Texas A&M.

Scott Smith, one of the attorneys representing Strauss survivors, said it’s critical these lawsuits be allowed to continue.

“In the law, we’re limited to a monetary compensation to make our survivors whole from the losses they have suffered at the hands of Ohio State University’s wrongdoing,” Smith said. “What that amount is will be determined by a jury.”

Protesters advocate for Strauss victims outside The ‘Shoe before the Ohio State – Michigan game on Nov. 26.

Christian Harsa | Managing Editor for Digital Content

In its petition before the Supreme Court, Ohio State argued the statute of limitations should be applied at the time of the abuse, not after its discovery, and protections should be limited to current students, faculty and staff.

“The questions presented are whether, or to what extent, a Title IX claim accrues after the date on which the alleged injury occurred; and whether, or to what extent, Title IX’s implied private right of action extends to individuals who are not current or prospective students or employees,” the petition stated.

How were settlement amounts determined?

The Strauss Individual Settlement Program ended in September 2021.

Plaintiffs were given 120 days from the initiation of the settlement program to enroll in the program, according to court filings.

Johnson said a special master — usually someone appointed by a judge — independent of the university was appointed, and funds were distributed on an individual basis by the special master, based on the harm and damages experienced by each survivor.

The amount an individual receives is based on the severity of the abuse. Though the average amount is $252,000, there was no maximum amount for an individual.

Under the terms of the settlement agreement, survivors are not barred or discouraged from speaking on the abuse or the university’s failure to respond, Johnson said.

Smith said some survivors choose to settle not because the settlements are fair, but simply because they wish to move on with their lives.

“Some people just want this over and to get it behind them, and they’ve decided to settle for that reason,” Smith said. “Others may have to do it for financial reasons.”

“Our ongoing negotiations with Ohio State have resulted in a fair settlement process that acknowledges the harm inflicted on individual survivors and provides a pathway to healing,” Schulte said in a statement. “Once again, Ohio State has stepped forward and done the right thing.”

Johnson said a majority of plaintiffs in Strauss-related litigation have chosen to settle and cited statements from a number of attorneys, including lead negotiator Dayton attorney Rick Schulte.

“Our ongoing negotiations with Ohio State have resulted in a fair settlement process that acknowledges the harm inflicted on individual survivors and provides a pathway to healing,” Schulte said in a statement. “Once again, Ohio State has stepped forward and done the right thing.”

Smith said his office hasn’t extensively communicated with attorneys representing survivors at other universities, as he can review their arguments through documents filed in their cases.

“If you compare how much other universities paid for like-kind sexual abuse, you’ll see that Ohio State’s offer, and the settlements that they have made, are much, much less than what they’ve paid at other universities,” Smith said. “You can do the math on that because you know the number of individuals at Michigan State, for example, who were sexually traumatized by Dr. Nassar and how much Michigan State, and all of the related organizations contribute to resolve those claims.”

The personal cost

Snyder-Hill said he thinks often about how his employer, friends and Ohio State’s fan base feel about his fight against the university, which has been ongoing since 2018.

“OSU is like everything to some people and for nostalgia, for their pride in going to college. And it should be — that should be a good thing,” Snyder-Hill said. “But somehow, if it’s football or whatever, it causes people to get such a visceral reaction to actually scream at us during a protest at a game and say ‘just let it go,’ or whatever we hear people say, you know?”

Snyder-Hill added the hardest part for him is his mental health.

“I’ve been diagnosed with PTSD, and I’ve got mental issues that are terrible because of this,” Snyder-Hill said. “It just causes anxiety — we’re going on five years every day, getting up and seeing whatever else has come out about it.”

Steve Snyder-Hill and Gary Avis, both survivors of former university physician Richard Strauss, address the Ohio State Board of Trustees at its full meeting Nov. 18, 2021.

Mary Kidwell | Lantern File Photo

“OSU is like everything to some people and for nostalgia, for their pride in going to college. And it should be — that should be a good thing,” Snyder-Hill said. “But somehow, if it’s football or whatever, it causes people to get such a visceral reaction to actually scream at us during a protest at a game and say ‘just let it go,’ or whatever we hear people say, you know?”

Gary Avis, team manager for Ohio State’s men’s gymnastics team from 1983-84, said he wants Ohio State to do the right thing.

“It has made things a lot more difficult for me to deal with because it just keeps going on and on,” Avis said. “It’s very frustrating because Ohio State could take responsibility and do what’s right, but they refuse to do it, and they know this is hurting people.”

Avis said to cope, he has found solace in his family.

“The biggest thing I’ve done, and has helped me again, is relying on family, my two brothers, my mother and my friends,” Avis said. “That has helped me get through this — I’ve realized I’m not alone.”

Avis said through the legal battle he has gotten a tremendous amount of support from family, friends and other survivors.

“With my friends — which includes some of the guys from the legal cases — I’ve gotten a tremendous amount of support,” Avis said. “Everybody, including my mother and two brothers, are all extremely supportive of me and they tell me I’m doing the right thing.”

Avis said he lost a future in psychology, as well as recognition for being part of the 1985 national championship gymnastics team.

“I was on the gymnastics team and I had to quit the team because I was failing a month and a half before we won the national championship,” Avis said. “Not only did my grades sink — they closed off a future for me in psychology. I am not considered part of the team that won the national championship, even though all my teammates know I deserve to be.”

“The biggest thing I’ve done, and has helped me again, is relying on family, my two brothers, my mother and my friends,” Avis said. “That has helped me get through this — I’ve realized I’m not alone.”

The road to accountability

Johnson said the university has led the effort to investigate Strauss’ abuse and the university’s failure at the time to prevent it.

Actions the university has taken range from condemning Strauss’ abuse and revoking his emeritus status to covering the cost of counseling and medical attention for survivors as long as necessary. It also includes establishing a task force on sexual abuse made up of national and university experts, including a Strauss survivor, Johnson said in an email.

Smith said accountability, to him, means for Ohio State to restructure its sexual abuse policy, as well as for survivors to have their day in court.

Protesters advocate for Strauss victims outside The ‘Shoe before the Ohio State – Michigan game on Nov. 26.

Christian Harsa | Managing Editor for Digital Content

“You talk about trauma,” Snyder-Hill said. “It’s more traumatic probably than going through the sexual assault, to be drug through this for all these years.”

If you, or someone you know, has been a victim of sexual assault, there is help available. In Columbus and central Ohio, advocates from the Sexual Assault Response Network of Central Ohio are available to assist you in reporting, explaining the investigation process and accompanying you to any necessary meetings. SARNCO’s hotline is 614- 267-7020. All calls are confidential.

If you are outside of the Columbus metropolitan area, you can contact the Rape, Abuse and Incest National Network’s 24-hour National Sexual Assault Hotline at 1-800-656-HOPE (4673). You can also visit www.rainn.org to chat live with a representative who will connect you to resources in your community. All calls are confidential.

Words by Tom Hanks

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