Moxley v. The Ohio State University, No. 21-3991 (6th Cir. 2022)
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At the Ohio State University, Dr. Strauss allegedly abused hundreds of young men under the guise of performing medical examinations, between 1978-1998. The University placed Strauss on leave in 1996, while it investigated his conduct, and ultimately declined to renew his appointments with Student Health Services and terminated his employment with the Athletics Department. It did not publicly provide reasons for these decisions. The University conducted a hearing but did not notify students or give them an opportunity to participate. Strauss remained a tenured faculty member. He retired in 1998, with emeritus status. He opened a private clinic near the University to treat “common genital/urinary problems,” advertised in the student newspaper, and continued treating students. An independent investigation commissioned by the University in 2018 and undertaken by a law firm substantiated allegations of abuse.
Strauss’s victims brought Title IX suits, alleging that the University was deliberately indifferent to their heightened risk of abuse. The district court found that the plaintiffs’ claims were barred by the two-year statute of limitations. The Sixth Circuit reversed. Many plaintiffs adequately alleged that they did not know they were abused until 2018; the time of the abuse, they were young and did not know what was medically appropriate. Strauss gave pretextual, false medical explanations for the abuse. The plaintiffs did not have reason to know that others had previously complained about Strauss’s conduct.
The court issued a subsequent related opinion or order on December 14, 2022.
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