Wednesday, May 13

There is a certain quiet on the Ohio State campus in the middle of spring. Kids in scarlet sweatshirts running over the grass toward Mirror Lake, long shadows cast by the oaks near the Oval, and the carillon in Orton Hall maintaining time as it has for over a century.

Walking there, it is simple to forget that the university has been secretly engaged in one of the most protracted and ugly legal disputes in American higher education for nearly ten years. It has resurfaced due to a motion filed by Ohio Attorney General Dave Yost a few days ago, and the timing is not subtle.

CategoryDetails
UniversityThe Ohio State University
Accused DoctorDr. Richard Strauss (deceased, 2005)
Strauss’ Tenure at OSUMid-1970s to late 1990s
Years of Abuse DocumentedAt least 20 years
Independent InvestigatorPerkins Coie law firm
Perkins Coie Report ReleasedMay 2019
Confirmed Abuse Victims (per report)At least 177 male athletes and students
Total Survivors Now Alleging AbuseMore than 350 men (across settlements and active suits)
Active Federal Lawsuits5
Plaintiffs in Active Cases236 men
Settlements Reached (as of April 15)317 survivors
Total Paid in SettlementsMore than $61 million
Filing CourtU.S. District Court, Southern District of Ohio
Motion Filed ByOhio Attorney General Dave Yost
Cases Yost Seeks to Dismiss77 (43 in whole, 34 in part)
Key Legal Cutoff DateOctober 21, 1986
WhistleblowerMike DiSabato (former wrestler)
Notable Recent Joiners30 former Buckeye football players, including 12+ NFL veterans
Named Public FigureRep. Jim Jordan (assistant wrestling coach, 1986–1994)

Wikipedia

A federal judge in the Southern District of Ohio was requested to dismiss around one-third of the pending claims against the institution by Yost, who recently declared he will resign eight months ahead of schedule. 43 cases have been completed. Another 34, partially lost. Many survivors find the technical logic to be frustrating. There is a clear distinction in a 1986 federal legislation that permits states and their public colleges to be sued for failing to prevent sexual abuse on campus: the Act only covers infractions that take place “in whole or in part” after October 21, 1986.

The argument is that everything that occurs before to that date is not covered by the statute. Most people are unaware of this date, but for dozens of men who were youths in scarlet singlets in the late 1970s and early 1980s, it now determines whether or not their accounts will ever be heard in court.

Only a few days after thirty former Ohio State football players—more than a dozen of whom went on to play in the NFL—signed engagement letters to join the class action, the motion was filed. That particular detail is important. For many years, the case was primarily handled by wrestlers, but in 2018, whistleblower Mike DiSabato’s charges against Dr. Richard Strauss exposed the entire situation.

The story’s cultural significance changed suddenly with the entrance of football alumni. At Ohio State, football isn’t actually a sport. It is more akin to a civic religion. The same university that erected statues honoring those athletes is now requesting that a federal court dismiss their cases on procedural grounds.

The legal arguments don’t just appear. The statute’s text is straightforward, according to legal experts like Danny Cevallos, and the dismissal petition may be successful on the older allegations. The Boston attorney Mitchell Garabedian, who gained notoriety from “Spotlight,” made the same argument but added something more pointed. He said Ohio State should “set a moral example” and resolve every claim, arguing that the case once more demonstrates the need for lookback windows in civil statutes of limitations. The majority of the conflict arises from this discrepancy between what is ethically justifiable and what is legally winnable.

The Ohio State Richard Strauss Abuse Case Is No Longer Just a Lawsuit
The Ohio State Richard Strauss Abuse Case Is No Longer Just a Lawsuit

Leo DiSabato, the elder brother of Mike DiSabato, who wrestled at OSU in the early 1980s, is one of the names Yost wants disregarded. In response, his brother said quietly, almost stoically, that he was proud of Leo for speaking up. It’s difficult to ignore how intimate this battle has become for the DiSabato family and how the university’s legal approach consistently clashes with the profoundly human nature of what survivors are sharing. Since Strauss passed away in 2005, the investigation has always focused more on what the institution surrounding him knew, when, and how long it let his behavior to persist.

Uncomfortably, that question still returns to one specific name. From 1986 until 1994, Ohio Republican Representative Jim Jordan served as OSU’s assistant wrestling coach. He has consistently denied any knowledge of the mistreatment. However, recently released deposition records reveal that former athletic director Andy Geiger stated under oath that Jordan “probably knew.” Jordan’s testimony is still secret after he was deposed in the ongoing proceedings.

As you watch this happen, you get the impression that the sealed file is one of the few things left that could alter the course of the narrative. 317 survivors have received more than $61 million from the university. It has issued several public apologies. However, Ohio State is no longer the exclusive focus of the conflict. It concerns the extent to which American institutions are prepared to deal with the calendar’s inability to cooperate.

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