The Sixth Circuit Court of Appeals has reinstated the lawsuits of over a hundred sexual abuse survivors against Ohio State University and rejected OSU’s statute of limitation defense.
This decision paves the way for plaintiffs to hold OSU accountable in federal court for the school’s decades-long role in facilitating and concealing the sexual abuse of hundreds of students and others by university physician Dr. Richard Strauss.
In its opinion, the Court explained three independent reasons plaintiffs’ claims should be allowed to proceed. “First, the plaintiffs plausibly allege that they did not know and lacked reason to know that Ohio State caused their injury. Second, they plausibly allege that even if they had investigated further, they could not have learned of Ohio State’s conduct. Third, most plaintiffs plausibly allege that they did not know that they were abused. Alone, each of these grounds is sufficient to delay accrual.”
“For years, Ohio State University hid behind a phony statute of limitations defense to avoid accountability for one of the biggest sexual abuse scandals in the history of American higher education,” said ECBAWM partner Ilann M. Maazel, who argued the appeal on behalf of over a hundred sexual abuse survivors. “Now OSU can finally be held accountable for enabling and covering up decades of abuse.”
“Court ruling revives unsettled lawsuits vs. Ohio State over sexual abuse by late team doctor Richard Strauss,” Associated Press (also published in ESPN.com, The Public’s Radio)
“Strauss Victims Win Appeal, Able to Move Forward with Case Against Ohio State,” The Lantern
“Lawsuits against Ohio State alleging sex abuse by team doctor can move forward,” NBC News
“Judge allows Strauss survivors’ suit against Ohio State to move forward,” NBC4i.com
“Appeals court rules in favor of Strauss victims, revives lawsuits against Ohio State,” The Columbus Dispatch
“’Milestone’ for victims in the Dr. Richard Strauss court battle,” ABC 6