Federal court to seek mediation in Ohio State sex-abuse lawsuits
— A federal court COLUMBUS intends to mediate two pending cases against Ohio State University over its handling of abuse allegations against the late Dr. Richard Strauss.
During a status conference Thursday in U.S. District Court in Columbus — the first court hearing in the two cases — Judge Michael H. Watson told attorneys representing the plaintiffs and Ohio State that the court does not intend to rule on pending motions to delay discovery or dismiss the cases anytime soon.
“We’re intent that we will mediate these cases and that we will do so beginning in the next 30 days,” he said.
The judge said he is considering a mediation model similar to that used in the city of Detroit’s bankruptcy case in 2013 and 2014. That case used a group of mediators, supervised by the judge, to conduct negotiations with all parties in the case to reach an agreement.
Watson said the court will ask attorneys from both sides to offer ideas for who might serve as mediators. An official order filed later Thursday directed both parties to submit their recommendations by Jan. 31.
One potential mediator already suggested by the plaintiffs during the hearing is Layn Phillips, a former Oklahoma federal judge who mediated cases between Michigan State University and sex-abuse victims of gymnastics doctor Larry Nassar.
Ohio State announced an investigation into Strauss in April in response to a single initial allegation of sexual abuse by the former university doctor. Since then, at least 150 people have come forward with firsthand accounts of abuse by Strauss, who killed himself in 2005.
Ohio State has hired Seattle-based law firm Perkins Coie to conduct an independent investigation into the allegations. Watson told Michael Carpenter, special counsel representing Ohio State, that he wants to review the investigative report privately as soon as it is completed.
“It’s clear the court understands the gravity of the case and the claims that have been brought on behalf of these former students of Ohio State University,” said Jack Landskroner, one of the attorneys representing plaintiffs in one of the lawsuits against the university. “We’re very pleased that the court has given parties direction to try to find a resolution, and we’re looking forward to working with OSU to do that.”
“We look forward to working with OSU in a dignified approach to mediate this and bring it to a conclusion,” said Rex Sharp, one of the attorneys representing plaintiffs in a separate class-action suit against the university.
Sharp estimates that mediation would take “a considerable number of months.”
Within moments of sitting down at the start of the hearing, Watson pointed out he is an adjunct professor at Ohio State.
“My intention is to stay on the case,” the judge said. “Nonetheless, I’m letting you know in case you want to raise something.”
Attorneys for plaintiffs in both lawsuits said after the hearing they were unconcerned about the judge’s ties to the university.
The judge referred to earlier comments from Ohio State Board of Trustees chairman Michael Gasser that the university is not dismissing the victims in the case and is committed to doing the right thing.
“The court intends to see that the right thing is done,” Watson said.
“We appreciate the court’s care and attention to this matter,” Carpenter said in a written statement later Thursday. “Under the court’s established processes, we welcome mediation and will confer and bring forward to the court a recommendation for a mediator.”
Ohio State has sought to dismiss the lawsuits, arguing that the statute of limitations on the suits’ Title IX claims prevents the university from being held liable. Watson said Thursday that there are “legitimate questions” about that. The plaintiffs argue that the time frame for the statute of limitations didn’t begin until Ohio State announced its investigation last spring.
“In preparing for this case, the court has been watching what’s going on in Michigan as well, and one might say that there have been some fairly embarrassing revelations,” Watson said, likely referring to the cases surrounding Michigan State and Nassar. “I want to avoid that. I want to avoid all of that.”