Title IX is a controversial issue at schools in the U.S. and likely will continue to be for many years. One big case that involves The Ohio State University and has gone to the Supreme Court will decide whether the statute of limitations for Title IX cases—which is two years—should be lengthened.

Ohio State University's Appeal to the Supreme Court

In 2018 and 2021, hundreds of former Ohio State students filed lawsuits against the university, alleging they were sexually abused by former Ohio State physician Dr. Richard Strauss. Strauss worked at Ohio State from 1978-1996 and died in 2005. The university launched a public investigation after the first round of lawsuits in 2018 and produced a report stating that the university knew of complaints against Strauss as early as 1979. Ohio State also quietly fired Strauss in 1996 after a brief investigation, but he remained a tenured professor until he retired in 1998 and was named professor emeritus.

The lawsuits against The Ohio State University rely on Title IX, which allows students to sue their school for damages resulting from sexual harassment or abuse at school—if they can prove the school knew about it and deliberately ignored it.

Title IX Statute of Limitations

In federal district court, Ohio State argued against the lawsuits by saying that the statute of limitations for Title IX cases is two years, and these lawsuits were subsequently filed too late. However, the 6^th Circuit Appeals Court reinstated the plaintiffs' claims.

The appeals court's reasoning? The victims didn't know about the abuse or the university's inaction until 20-40 years after the fact. At the time it happened, the students may not have realized that the “treatments” they received from Strauss amounted to sexual abuse. If they didn't know it was happening at the time and didn't know that Ohio State was ignoring it, then it would be a legitimate reason for them to wait to file.

The case is now going to the Supreme Court.

Are Two Years Too Few?

In March of 2023, Ohio State petitioned the Supreme Court to review and ultimately reverse the 6^th Circuit's decision. The following month, 23 other universities submitted an amicus brief in the case showing support for Ohio State's position.

If the decision is upheld, it could mean that all victims of sexual harassment and abuse at schools could sue their schools for years or even decades afterward. As the amicus brief states, this ruling could put an enormous burden on schools, which already struggle to deal with Title IX cases and litigation that does fall within the two-year statute of limitations.

Upholding the victims' lawsuits and allowing them to sue Ohio State 40 years afterward also sets a dangerous precedent for those accused of Title IX violations. It's much harder to build a defense against a Title IX accusation after many years have passed, and schools risk handling the case unjustly because they don't have the resources to devote to handling it properly.

At the Lento Law Firm, we can help you defend Title IX accusations and deal with your university. We've assisted many students, faculty, and staff across the country and can help you protect your rights. Contact the Lento Law Firm today by calling 888-535-3686.