On June 26, 2023, the United States Supreme Court declined to hear Ohio State’s Writ of Certiorari relative to a Title IX lawsuit, filed by more than 200 men who were abused by former Ohio State University athletic doctor, Richard Strauss. In March, 2023, Ohio State filed a writ with the Supreme Court, urging the court to review a ruling by the Sixth Circuit Court of Appeals that revived the lawsuits that had been dismissed based on the statute of limitations. At the Circuit Court, the University argued that the Plaintiffs should be barred from bringing their cases because the occurrences took place decades ago and that the statute of limitations had passed. Plaintiffs argued they filed their claims timely, and that the statute of limitations did not start running until the 2018 investigation into Strauss’ abuse made his conduct public. Plaintiffs argued that the revelation of the report was when they first learned that the school had been aware of Strauss’ abuse and failed to protect them. By denying Ohio State’s request for review, the Supreme Court paves the way for the lawsuit to return to the trial court, where the victims will be permitted to present their cases to seek justice.
The Supreme Court’s denial of Ohio State University’s writ has significant ramifications for those who have been subjected to sexual abuse, as well as those organizations, including schools, that are alleged to have covered-up abuse or failed to protect victims. Specifically, the denial protects the 6th Circuit’s previous ruling, which held that Plaintiffs timely filed their lawsuit, as the statute of limitations had not begun to run until Plaintiffs were made aware of Ohio State’s prior knowledge of abuse and failure to protect Plaintiffs.
The denial may open the door for other victims who may have been subjected to sexual abuse at school or by a school employee, regardless of when it occurred, if it was later discovered that the school had actual knowledge of the conduct, and the school or organization failed to protect the victim(s).
If you have questions regarding your rights, or you have been subjected to sexual misconduct, sexual assault, dating violence, or sexual harassment at school or by a school employee, please call Friedman Nemecek Long & Grant, LLC, with offices in Cleveland and Columbus, Ohio at 888-694-4645 for a free initial consultation.