Wednesday, December 16, 2020
Ohio State University abuse scandal
The Ohio State University abuse scandal centered on allegations of sexual abuse that occurred between 1978 and 1998, while Dr. Richard Strauss was employed by The Ohio State University (OSU) in the Athletics Department and in the Student Health Center. An independent investigation into the allegations was announced in April 2018, conducted by the law firm Perkins Coie; the report, released in May 2019, concluded that Dr. Strauss abused at least 177 male student-patients and that OSU was aware of the abuse as early as 1979, but the abuse was not widely known outside of Athletics or Student Health until 1996, when he was suspended from his duties. Strauss continued to abuse OSU students at an off-campus clinic until his retirement from the university in 1998. OSU was faulted in the report for failing to report Strauss's conduct to law enforcement. In May 2020, the university entered into a settled and agreed to pay $40.9 million to the sexual abuse survivors.
Background: Dr. Richard Strauss (1938-2005) received his medical degree from the University of Chicago in 1964 and interned at the associated hospital system until June 1965. Afterward, he served as a Lieutenant in the Medical Corps of the United States Navy from 1966 through 1968 and received an honorable discharge. He then took a two-year post-doctoral fellowship at the School of Medicine at the University of Washington until 1970, then worked as an assistant professor of physiology at both the University of Pennsylvania (1970–72) and the University of Hawaii (1972–74). After Hawaii, Strauss worked as a medical resident at Rutgers University (1974–75) and as a research fellow at Harvard Medical School (1975–78). Hawaii found no records of any complaints filed against Strauss during his time there. Strauss was hired as an Assistant Professor in the OSU College of Medicine in September 1978; shortly afterward, he began volunteering as a team physician at Larkins Hall, OSU's physical education building. He was appointed to a position in the Athletics Department in 1981, and to Student Health in 1994. In Athletics, Strauss served as a team physician for multiple teams, including men's swimming/diving, wrestling, gymnastics, fencing, and lacrosse; he additionally treated students on the hockey, cheerleading, volleyball, soccer, track, golf, baseball, tennis, water polo, and football teams. Strauss was not formally appointed to a position at Student Health until 1994, but was known to have started performing treatments there as early as 1978. By 1979, Athletics Department officials knew that Strauss conducted unusually prolonged genital examinations on male athletes, and that athletics staff were not permitted to be present during these examinations. In addition, Strauss was known to shower alongside male students at Larkins Hall, a behavior which was unique to Strauss among team physicians. Between 1979 and 1996, multiple students complained about Strauss's excessive and unnecessary genital examinations, but no action was taken by OSU until January 1996, when he was placed on administrative leave in response to patient complaints. Larkins Hall, which served OSU as its Physical Education facility and Natatorium, was perceived as a sexualized environment, and multiple witnesses reported that voyeurism and public sex acts occurred there from the early 1980s to the late 1990s. 30 wrestlers and gymnasts reported voyeurs were routinely present at Larkins Hall in the locker room, shower, and sauna areas, ranging from college age to approximately 60 years old; the "leering" voyeurs would ogle student-athletes that were using the facilities and some would masturbate. Strauss was counted among the voyeurs; former OSU students stated that Strauss would shower among athletes multiple times per day or stare into the shower while seated on a stool. In addition, peepholes were found in bathroom stalls and shower walls. The building was completed in 1932, named for retired OSU Athletic Director Dick Larkins in 1976, expanded in 1977, and demolished in 2005. After a closed-door hearing on June 5, 1996, Strauss was terminated from his position with the Athletics Department at the end of July 1996, and terminated from Student Health on August 5, 1996. However, Strauss opened a private off-campus clinic and continued to abuse male patients there. Former employees of the off-campus "Men's Clinics of America" recalled that Strauss placed advertisements in the student newspaper promising student discounts and prompt treatment of genital issues. He also continued as a tenured faculty member in the School of Public Health until his voluntary retirement on March 1, 1998, upon which he gained emeritus status. Strauss committed suicide in August 2005. According to his suicide note, he had been suffering from "significant escalating medical and pain problems since January 2002". In 2019, OSU published its annual campus safety report, which reflected that Strauss committed 1,430 instances of fondling and 47 rapes during his tenure.
Investigation: Mike DiSabato was one of the first to report that Strauss had groped him during medical exams. He first requested information about Strauss in January 2018 via a letter to the university; after failing to get a timely response, he approached The Columbus Dispatch with the allegations of abuse in April. DiSabato, who wrestled at Ohio State from 1987 to 1991, added that his first examination with Strauss occurred at the age of 14, when Strauss was conducting research on the body fat of high school wrestlers; the body fat testing included an unnecessary genital exam. At the time, DiSabato did not recognize Strauss's behavior as sexual abuse and that it was considered an "open secret" amongst the wrestling team. In response, the Ohio State University announced that an investigation had been launched into the long-term sexual abuse in April 2018, asking former students and coaches to come forward with any information that might help the investigation. At the time, the independent investigation was being led by Bricker & Eckler. After the Ohio Attorney General's office appointed Porter Wright Morris & Arthur as the university's legal counsel, Porter Wright commissioned Perkins Coie to lead the independent investigation. OSU President Michael Drake sent an email in May 2018 to more than 100,000 alumni asking them to contact Perkins Coie with any allegations of abuse. Based on the evidence uncovered, in June 2018 Perkins Coie expanded the scope of the investigation to include Strauss's examinations of high school students. The investigation was estimated to have cost $6.2 million by the time the report was released in May 2019. Strauss's son, Scott Strauss, released a statement in July 2018 expressing the Strauss family was "shocked and saddened" by the allegations against Dr. Strauss. The Office for Civil Rights (OCR) of the United States Department of Education announced it had opened a separate investigation into the university's response in August 2018. Several advocacy groups had sent a letter to OCR earlier in August, alleging that OSU's actions violated Title IX regulations. The Ohio State Medical Board confirmed that it had received complaints about Strauss and had turned over confidential records to OSU lawyers in December 2018. However, because the records were confidential, the investigators were not allowed to access them. The State Medical Board had investigated Strauss in 1996 but never disciplined him. Details of the investigation were made public in the report by Perkins Coie; specific identifying details were redacted. In May 2019, after the redacted report was released, the State Medical Board voted to release the records of its 1996 investigation if the alleged victims agreed to waive their confidentiality. Ohio Governor Mike DeWine created a review group via executive order in May 2019. The group's charter was to review the actions that were taken by the State Medical Board in response to the complaints about Dr. Strauss. The investigators conducted interviews with 177 students who provided evidence that Strauss had committed sexual abuse; although not all of the students felt his behavior was abusive, consultation with independent medical doctors confirmed they were not appropriate patient-doctor interactions. The majority of abuse (143 victims) was categorized as genital fondling associated with medically unnecessary genital or rectal examinations. Of the 177, 153 were student-athletes, of which a plurality (48) were members of the men's wrestling team.
Civil lawsuits and subsequent developments: Several civil lawsuits have been filed against The Ohio State University in conjunction with the abuse committed by Dr. Strauss. Three federal lawsuits had been filed by July 2018; the third lawsuit named several OSU administrators including ex-Athletic Director Andy Geiger as having knowledge of Strauss's abuse. By September 2018, the university had filed motions to dismiss the first three lawsuits based on associated statutes of limitations. Two of the suits were merged in October 2018. In total, more than 20 school officials and staff were named as knowing complaints about Strauss's abuse but failing to stop him. In July 2018, former members of the OSU men's wrestling team reported that then-coaches Russ Hellickson (head coach, 1986–2006) and Jim Jordan (assistant coach, 1987–95) were aware of the abuse by Strauss. Jordan denied that any student-athlete had reported any abuse to him. Jordan said the timing of the allegations that he knew of the abuse were "interesting ... in light of things that are going on in Washington", referring to Jordan's role as a founder of the Freedom Caucus and his potential candidacy for Speaker of the House. Speaker Paul Ryan defended Jordan as "a man of honesty, a man of integrity" and discouraged an investigation by the House Ethics Committee, as the abuse had occurred before Jordan's election to the House of Representatives. Other ex-wrestlers defended Jordan, who was interviewed by Perkins Coie later in July. In May 2019, DiSabato filed a Title IX lawsuit against OSU. In one count of the court papers, DiSabato claimed that a second cousin of Jordan's attempted to "intimidate and retaliate" against DiSabato. In 2019, DiSabato shared text messages with NBC News that were corroborated by another former wrestler indicating that Jim Jordan, Russ Hellickson, and high school wrestling coach Jeff Jordan (Jim Jordan's younger brother) conspired to engage in witness tampering and intimidation when they called former OSU wrestler Mark Coleman and his parents to pressure him to recant his earlier accusation that Jordan was aware of the abuse. Coleman had shared a room with Jordan while traveling to several wrestling meets. In November 2019, a retired wrestling referee filed a lawsuit alleging that he had warned Jordan and Hellickson about Strauss' misconduct. Jordan promptly dismissed the referee as "another person making a false statement". In February 2020, Adam DiSabato--the brother of Mike DiSabato--testified under oath that Jordan called him "'crying, groveling...begging me to go against my brother.... That's the kind of cover-up that's going on there'". In the videotaped deposition, Adam DiSabato stated under oath: "Jordan is throwing us all under the bus, he is a coward. A coward. He is not a leader, he's a coward... I was Captain of our team, I would never abandon our Team. He abandoned us; our Head Coach (Russ Hellickson) abandoned us - Hellickson has flipped his story and called other people to flip their stories."
2020 settlement: Following an independent 2019 investigation which found that Richard Strauss had sexually abused at least 177 students during 1979 to 1997; Ohio State University agreed to pay $40.9 million to settle the lawsuits of 162 men who alleged sexual abuse during former university team doctor's tenure. Other lawsuits remain outstanding.
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