Strauss victims win appeal, able to move forward with case against Ohio State

Becca Duncan, Aubrey Wright, Jessica Langer
Thu, 15 Sep 2022 01:04:24 +0000
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Over 100 victims of Richard Strauss can move forward with their lawsuit against Ohio State. Credit: Casey Cascaldo | Lantern File Photo

Over 100 victims can move forward with their lawsuit against Ohio State for how it handled Richard Strauss’ sexual abuse of students.

In a 2-1 opinion from the Sixth Circuit Court of Appeals released Wednesday, judges reversed a previous ruling by the district court claiming the victims, many of whom were student-athletes, did not file their Title IX lawsuit against Ohio State within the two-year statute of limitations. This decision enables victims to argue their case in court.

“We are gratified by the Sixth Circuit’s thorough and well-reasoned decision,” Ilann Maazel, an attorney representing the victims in the appeal, said in a statement. “After over four years of litigation, it is now time for OSU to be held accountable and for these survivors to get their day in court.”

Strauss was a varsity team sports doctor and physician at the Student Health Center from 1978-1998. An independent investigation in 2019 found 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.?

Maazel said in federal appeals court in Cincinnati July 26 the statute of limitations should not apply to the lawsuits because many of the victims did not know they were being abused, nor did they know of Ohio State’s role in enabling that abuse.?

Wednesday’s opinion agreed with the plaintiffs, stating the victims “plausibly allege” they did not know that Ohio State caused their injury until 2018, and they could not have discovered Ohio State’s conduct because of a “decades-long cover up.”?

“The plaintiffs were young, untrained, and inexperienced, Ohio State gave Strauss its stamp of approval, and trusted adult professionals routinely told the plaintiffs that Strauss’s conduct was normal,” the opinion stated.

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 statue of limitations on civil sexual abuse cases for Strauss victims.?

Since 2018, more than 500 victims of Strauss — nearly all men — have sued the university for failing to address Strauss’ abuse and harassment. Including the most recent settlements in July, 296 victims have settled in exchange for dropping lawsuits against Ohio State with the university for a total amount of $60 million, according to a university press release.?

University spokesperson Ben Johnson said in an email the university is reviewing the Court of Appeals’ decision.?