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Discussion Topic: Ohio State - Dr Richard Strauss
Jeff Streu added to this discussion on July 12, 2018
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Just listened to that podcast that was posted, and read the article above. It quoted DiSabato as saying: “Our intent is to expeditiously reach a negotiated settlement, without conflict, that compensates the victims for the trauma they have suffered because of this sex abuse, deals with the individual that knew of this situation, but chose to do nothing about it, and corrects the atmosphere that may still exist at OSU, and therefore would allow this to happen again in the future.â€
It specifically says "individual" - singular, not plural. Some of the wrestlers have said that everyone knew so Jim must have known. If that's the case, then every coach of every team must have known. The focus on one assistant coach on one team doesn't add up.
IF Jim Jordan was actually made aware of actual abuse (not just people making jokes about Strauss being gay), then I agree he should not have lied about it. The only possible evidence I've seen is the claim by Yetts, and I'm skeptical of such a claim made by an individual who has cheated people out of millions of dollars and who, according to the podcast, is currently in financial straits.
If something would not have been considered abuse 30 years ago but might be now, I don't know whether someone could be held accountable for not reporting it at the time. I don't have the legal knowledge to know for sure, but I don't think someone could be reasonably expected to.
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Discussion Topic: Ohio State - Dr Richard Strauss
Rex Holman added to this discussion on July 12, 2018
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Brady-
Thanks for the podcast. Interesting insights.
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Discussion Topic: Ohio State - Dr Richard Strauss
Roe Fox added to this discussion on July 12, 2018
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Quote from Jeff Streu's post:
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"Just listened to that podcast that was posted, and read the article above. It quoted DiSabato as saying: “Our intent is to expeditiously reach a negotiated settlement, without conflict, that compensates the victims for the trauma they have suffered because of this sex abuse, deals with the individual that knew of this situation, but chose to do nothing about it, and corrects the atmosphere that may still exist at OSU, and therefore would allow this to happen again in the future.â€
It specifically says "individual" - singular, not plural. Some of the wrestlers have said that everyone knew so Jim must have known. If that's the case, then every coach of every team must have known. The focus on one assistant coach on one team doesn't add up.
IF Jim Jordan was actually made aware of actual abuse (not just people making jokes about Strauss being gay), then I agree he should not have lied about it. The only possible evidence I've seen is the claim by Yetts, and I'm skeptical of such a claim made by an individual who has cheated people out of millions of dollars and who, according to the podcast, is currently in financial straits.
If something would not have been considered abuse 30 years ago but might be now, I don't know whether someone could be held accountable for not reporting it at the time. I don't have the legal knowledge to know for sure, but I don't think someone could be reasonably expected to."
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I’m all for an investigation to (1) see what happened, if anything, and (2) make sure it doesn’t happen again.
Anymore than that, like paying this guy, is a waste of money. His time (statute of limitations) has long passed. No money now, I hope.
If he were to file a lawsuit now it would be frivolous and TOSU should get their legal fees paid by him.
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Discussion Topic: Ohio State - Dr Richard Strauss
Jared Ball added to this discussion on July 13, 2018
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Discussion Topic: Ohio State - Dr Richard Strauss
Mark Niemann added to this discussion on July 13, 2018
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Craziest article ever. Could not follow.
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Discussion Topic: Ohio State - Dr Richard Strauss
Justin Hayes added to this discussion on July 13, 2018
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A hard attempt at creating a subjective narrative with the innaccurate (and overused) term “crime sceneâ€, IMO.
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Discussion Topic: Ohio State - Dr Richard Strauss
Joe Kinzel added to this discussion on July 17, 2018
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Discussion Topic: Ohio State - Dr Richard Strauss
Mark Niemann added to this discussion on July 17, 2018
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I first heard about theRay Mendoza fundraising situation from Karen Mendoza - Ray’s widow. She was very thorough yet concise ona FB post. ...and I was appalled at the retelling of it all.
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Discussion Topic: Ohio State - Dr Richard Strauss
Roe Fox added to this discussion on July 17, 2018
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I looked this up because I didn’t hear about it. From the Daily Caller:
“Additionally, Mendoza, the widow of the Iraq War veteran, said DiSabato approached her after her husband’s 2005 death to set up a memorial fund in his honor, but that ultimately led to a cease and desist order.
In a phone interview with TheDCNF, Mendoza said she agreed to allow DiSabato to use her husband’s name to raise money to help Ohio-based athletes, Olympic hopefuls and the families of fallen soldiers.
Instead of raising money for athletes and fallen soldiers’ families, Mendoza says that DiSabato used the funds to finance a mixed martial arts venture he had founded. Mendoza also later found that DiSabato failed to register the charity with Ohio’s secretary of state.
Mendoza was eventually forced to issue a cease and desist order against DiSabato for misrepresenting his fundraising efforts. She said that when she began asking DiSabato about the fund, he dismissed her inquiries and said that she had no right to the information she requested.
“As a military widow, I was bullied by a vindictive and manipulative Mike DiSabato,†Mendoza told TheDCNF, adding that DiSabato’s behavior toward her could best be described as “predatory.â€
Mendoza says she believes that DiSabato has “highjacked†Jordan’s political position to settle personal and professional vendettas against OSU.â€
To be fair, here is the “about us†paragraph on the Daily Caller.:
“Founded in 2010 by Tucker Carlson, a 20-year veteran journalist, and Neil Patel, former chief policy advisor to Vice President Cheney, The Daily Caller is one of America’s largest and fastest-growing news publications.â€
Clearly a conservative publication, though they seem to quote Ray’s widow.
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Discussion Topic: Ohio State - Dr Richard Strauss
Jeff Streu added to this discussion on July 17, 2018
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Quote from Mark Niemann's post:
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"Craziest article ever. Could not follow."
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Agreed. What I find very disturbing is that he dragged Xander Schultz into this (probably because his mother Nancy is involved with Rudis). Xander asked him to be left out of it, and DiSabato had the nerve to remind Xander of his father's (Dave Schultz's) murder.
It's a little harder to take DiSabato's e-mails seriously when they have so many spelling and grammar mistakes. I get it that no one is perfect, but if you're going to send e-mails to administrators and politicians about serious matters, at least proofread it.
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Discussion Topic: Ohio State - Dr Richard Strauss
Brady Hiatt added to this discussion on July 18, 2018
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Quote from Jeff Streu's post:
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"Agreed. What I find very disturbing is that he dragged Xander Schultz into this (probably because his mother Nancy is involved with Rudis). Xander asked him to be left out of it, and DiSabato had the nerve to remind Xander of his father's (Dave Schultz's) murder."
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Disgusting.
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Discussion Topic: Ohio State - Dr Richard Strauss
Jared Ball added to this discussion on July 18, 2018
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You know I don’t know Mike Disabato at all, but I do,like many of you, know many of his family members. He, of his own doing, has made himself an easy target to discredit his motives and credibility. Remove Russ, Jordan, and the entire factor of who knew what it still does not account for the university’s failure to address what sounds like decades of negligence. People who were in the athletics programs dating back to the seventies speak about how it was well known that that particular facility had a relatively week, some would say open door, policy about who was permitted in these facilities. Whether it was intentional or not a public school and/or a university’s first priority has to be the safety and well being of its student athletes. In my opinion, for whatever it’s worth, I could see the investigations placing some blame on the university. I don’t know anymore than any of you, but I think we all know where this is probably headed. A settlement.
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Discussion Topic: Ohio State - Dr Richard Strauss
Justin Hayes added to this discussion on July 18, 2018
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Quote from Jared Ball's post:
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"but I think we all know where this is probably headed. A settlement."
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I think this is headed toward a settlement of .00NothingBurger at breakneck speed.
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Discussion Topic: Ohio State - Dr Richard Strauss
Hank Kornblut added to this discussion on July 18, 2018
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Discussion Topic: Ohio State - Dr Richard Strauss
Mike Holman added to this discussion on July 19, 2018
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The Lawsuits and the Statutes of Limitation
Two lawsuits have been filed. I have not read the Complaints. The first law suit alleges Title IX and Civil Rights claims because the University failed to prevent repeated sexual assaults, abuse, and molestation by Dr. Strauss. I did not see any reporting on the claims in the second law suit. I assume they are similar.
I do not know the attorneys representing the Plaintiffs. Evidently, they are experienced class action plaintiffs’ attorneys. Ohio State is represented by Michael Carpenter. By reputation he and his firm are excellent attorneys with considerable experience in class action law suits. I would guess that Mr. Carpenter has been representing Ohio State behind the scenes for some time.
One of the key issues in each law suit will be the applicable statutes of limitations. I have linked a legal primer on the statute of limitations in civil rights actions. I believe the same law applies to Title IX actions.
As you will see, the law of the applicable state applies. In Ohio for a personal injury the statute of limitations is two years from the date the cause of action “accruesâ€. For example, if you are and adult and are injured in an automobile accident on July 19, 2018, you will have two years to file your law suit. File one day late and the defendant will raise the statute of limitations as a defense and you will lose.
The key word in the statute is “accruesâ€. I expect the Plaintiffs to argue that their claims did not accrue until recently. Ohio State will take the position that the claims accrued long ago when the assaults, abuse, and molestation allegedly occurred.
Ohio State will assert the statute of limitations as an affirmative defense. Ohio State will have the burden of proving the statute of limitations bars the Plaintiffs’ claims. It is likely that Ohio State will file a motion for summary judgment early in the case seeking to have the claims dismissed. If the motion for summary judgment is successful, the Plaintiffs’ lose, subject to their right of appeal. https://nahmodlaw.com
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