Ohio State supported by 23 other colleges in Supreme Court petition over Strauss, Title IX

Nearly two dozen colleges and universities as well as the Association of American Universities have filed a brief with the U.S. Supreme Court in support of Ohio State's petition for the nation's highest court to hear its appeal of a Title IX case related to those sexually abused by former university doctor Richard Strauss.

In March, Ohio State filed an appeal writ with the Supreme Court, asking the justices to review a divided decision by the 6th U.S. Circuit Court of Appeals regarding the statute of limitations on sexual abuse claims and the scope of federal education protections under Title IX.

More: Ohio State appeals Strauss survivors' cases to U.S. Supreme Court over Title IX issues

On Tuesday, the other universities and the association filed an amicus curiae brief. Latin for “friend-of-the-court," such briefs are written by individuals or groups who aren't directly involved in a legal case but often have a stake in the outcome and offer insight to assist a court in making a ruling or, in this case, whether or not to hear a case.

The 23 public and private colleges and universities that filed the brief are asking the Supreme Court to take up Ohio State's appeal, writing that the scope of the case and the possible implications for Title IX "is an issue of immense importance to institutions of higher education."

The schools who signed the brief in support of Ohio State's writ include:

• University of Arkansas

• Bowling Green State University

• Cleveland State University

• University of Dayton

• Eastern Michigan University

• Ferris State University

• University of Florida

• Grand Valley State University

• Indiana University

• University of Iowa

• Iowa State University

• University of Michigan

• Michigan Technological University

• University of Minnesota

• University of Missouri

• Oakland University

• Purdue University

• Saginaw Valley State University

• University of Texas

• Texas A&M University

• Texas Tech University

• University of Toledo

• Troy University

Additionally, the Association of American Universities signed the amicus curiae brief. The AAU is composed of 65 U.S. research universities. Ohio State has been an AAU member since 1916.

“Amici write separately to underscore the profound importance of these issues to federal funding recipients and to further explain the harms that will transpire if the decision below takes root,” the brief states. “Amici are deeply committed to the ideals of Title IX and embrace the substantive obligations that come with accepting federal funding. And they unequivocally condemn the conduct that caused devastating harm in the (Strauss) case...”

The brief adds that the 6th Circuit appeals court's decision "dramatically expanded the implied right of action by eviscerating the statute of limitations for Title IX claims and extending Title IX remedies to any member of the public who visits a college campus."

What is Ohio State's petition to the Supreme Court about?

Ohio State's Supreme Court petition was the latest move in a longstanding legal battle between the university and Strauss' sexual abuse survivors.

An independent investigative report released by Ohio State in May 2019 said that Strauss sexually abused at least 177 students throughout his 20-year tenure as an athletics and student health doctor at the school.

Survivors and their attorneys have argued that many didn’t know the extent of Strauss' sexual abuse until spring 2018, when Ohio State announced an investigation into the former university doctor, who died by suicide in California. 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 alleged cover-up for Strauss.

Ohio State, on the other hand, holds that the statute of limitations for each survivor expired two years after they left the university.

There are 235 current plaintiffs included in the survivors' lawsuit against Ohio State.

Ohio State has reached settlement agreements with 296 survivors, more than half of the plaintiffs, for more than $60 million. All male students who filed lawsuits have been offered the opportunity to settle.

In its March petition, Ohio State argued there is a "circuit split" between three federal appeals courts "over the proper accrual rule for Title IX claims."

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

The university alleges that the 6th Circuit, which is based in Cincinnati and covers federal appeals arising from Ohio, Kentucky, Michigan and Tennessee, introduced "an extreme new position" in determining statutes of limitations that allowed Strauss survivors to sue on "claims that are decades old."

Last year, before the court ruled against Ohio State, seven universities joined OSU in petitioning the 6th Circuit to reconsider its decision and preserve the two-year statute of limitations and Title IX’s narrow focus on students and employees.

Those schools included Bowling Green State University, Cleveland State University, Eastern Michigan University, Oakland University, Purdue University, University of Michigan and Michigan State University. All of those schools except Michigan State filed with this amicus curiae brief.

What are the odds that Ohio State's case is selected by the Supreme Court?

The Supreme Court receives more than 7,000 petitions each year, but it agrees to hear only a fraction of them — about 150 cases.

At least four Supreme Court justices must vote to accept the case for it to move forward. This term, the court heard several higher education cases: two cases related to affirmative action and two cases related to President Joe Biden's student loan forgiveness plan.

The nation's highest court could announce its decision whether to hear Ohio State's case by June. If it does, the Supreme Court wouldn't actually hear arguments on the case though until its next term, which begins in October. It would then likely issue a ruling in 2024.

If the Supreme Court chooses not to review the case, it will go back to the 6th Circuit for further legal proceedings.

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 gets support from 23 colleges in Supreme Court petition