Ohio State intends to appeal to the Supreme Court to block Richard Strauss survivor lawsuits

In a final attempt to block lawsuits from those sexually abused by former Ohio State University doctor Richard Strauss, Ohio State University intends to petition the U.S. Supreme Court. This comes a week after a federal appeals court ruled that the Strauss survivors' lawsuits could go to trial.

In a motion filed Wednesday afternoon, Ohio State requested that the 6th U.S. Circuit Court of Appeals delay its order that would allow the Strauss lawsuits to move forward, arguing that “substantial questions exist regarding the scope and application” of Title IX law. Ohio State argued that there are also conflicting court opinions on the matter from other circuit courts.

Ohio State has until March 14, 2023, to file a petition of writ of certiorari with the Supreme Court. At least four justices must vote to accept the case for it to move forward. The Supreme Court receives more than 7,000 petitions each year, but it agrees to hear only a fraction of them — about 150 cases.

More Richard Strauss news:Ohio State files rare legal appeal to maneuver Strauss survivors in court

The 6th U.S. Circuit Court of Appeals granted Ohio State's motion, meaning the lawsuits will be stayed until the Supreme Court rules on the university's petition.

An appeal to the Supreme Court is Ohio State’s last possible legal option to block the lawsuits, which represent hundreds of men who say they were sexually abused by Strauss.

Ohio State spokesman Ben Johnson said the university is "considering all available options."

Attorneys representing the survivors from Emery Celli Brinckerhoff Abady Ward & Maazel LLP; Scott Elliot Smith, LPA; and Public Justice said the decision disconcerting.

“We are disappointed the Sixth Circuit granted the stay of proceedings OSU sought as the ruling further delays holding OSU accountable for the university’s coverup and damage to the sexual abuse survivors we represent," the attorneys said in a statement. "However, we are looking forward to opposing the petition for certiorari to the Supreme Court.”

Steve Snyder-Hill, a former Ohio State student and one of the more vocal Strauss survivors, said that after more than five years of court hearings and appeals, he doesn't believe Ohio State when it says that it isn't "fighting survivors of sexual assault."

"Can they at least stop saying they are not fighting us? They caused this," he said.

"I don't know who is worse," Snyder Hill added, "Strauss or them."

Last September, U.S. District Court Judge Michael H. Watson dismissed multiple civil lawsuits involving more than 100 plaintiffs against Ohio State, ruling that the statute of limitations in their cases had expired and therefore could not be tried in court.

In Ohio, criminal rape charges may be filed up to 20 years after the offense in most cases and up to 25 years for certain cases like those involving children. Adult victims of sexual assault must sue within two years of the attack, and abused children must sue before age 30. The average current age of victims in the Strauss case is 50.

Title IX actions do not have their own statute of limitations and thus defer to the state statute of limitations for personal injuries, which in Ohio is two years.

Related Strauss news:Appeals court rules in favor of Strauss victims, revives lawsuits against Ohio State

Ohio State holds that the statute of limitations for each survivor had expired two years after they left the university. Survivors and their attorneys, on the other hand, argue that many didn’t know they had been sexually abused until the spring of 2018, when Ohio State announced an investigation into the former university doctor.

Therefore, the plaintiffs' argue, their clock on the statute of limitations didn't begin until they became aware of their abuse and the university's covering for Strauss.

In her majority decision earlier this month, U.S. Circuit Court Judge Karen Nelson Moore ruled in favor of the Strauss lawsuits moving forward because of plausible evidence that Ohio State knew Strauss had been abusing students and covered it up, and she agreed that the two-year statute of limitations on civil sexual abuse cases should start when Strauss’ abuse became public.

Ohio State has settled with nearly 300 survivors for more than $60 million since 2020.

Sheridan Hendrix is a higher education reporter for The Columbus Dispatch. Sign up for her Mobile Newsroom newsletter here and Extra Credit, her education newsletter, here.

shendrix@dispatch.com

@sheridan120

This article originally appeared on The Columbus Dispatch: Ohio State will appeal Supreme Court ruling to block Strauss lawsuits