CHILD USA drafted this brief seeking reversal of the District Court’s decision to dismiss the Title IX claims of plaintiff-survivors abused by OSU physician Richard Strauss as untimely. Plaintiff-survivors were abused from the 1970s to the 1990s and did not learn of OSU’s role in facilitating that abuse until a whistleblower came forward in 2018. This brief explains how the District Court erred by not recognizing the functional and systemic obstacles to a survivor’s ability to obtain evidence of a school’s role in enabling abuse.
BRIAN GARRETT, ET. AL., v. THE OHIO STATE UNIVERSITY
March 2, 2022
United States Court of Appeals for the Sixth Circuit
* Court Acceptance Pending