The order came during a status hearing Wednesday, just one day after the HBO Max documentary “Surviving Ohio State” premiered.
COLUMBUS, Ohio — A judge has ordered the appointment of a mediator to help resolve the ongoing legal battle between The Ohio State University and hundreds of former athletes who say they were sexually abused by former team doctor Richard Strauss.
The order came during a status hearing Wednesday, just one day after the HBO Max documentary “Surviving Ohio State” premiered, featuring firsthand accounts from survivors.
The mediation order is the latest development in litigation that has persisted despite Ohio State’s public apologies and millions of dollars paid in settlements.
An attorney representing the survivors expressed skepticism about reaching a settlement through mediation, indicating the cases could proceed to trial.
“We will try it every which way the mediator wants to try it whether it’s individually, or whether it’s going to be based on tears, whether it’s based on groups of people who were like-kind abused, or it’s gonna be individuals and go strictly from the facts of each individual’s case, which is what I’d prefer,” said Scott Elliot Smith, a defense attorney in the case.
The mediator is expected to be appointed within 30 days. Meanwhile, the defense will continue gathering documents and taking depositions, including from U.S. Representative Jim Jordan, a former coach who has previously denied knowing about allegations of sexual abuse at Ohio State.
In March 2018, former Ohio State wrestler Michael DiSabato came forward with allegations against Strauss. DiSabato, who comes from a prominent Ohio State athletic family, said his decision was triggered by a conversation with a friend about the Larry Nassar sexual assault case.
“When he started describing some of the unnecessary genital exams, [that] was the key thing for me,” DiSabato said. “It was like, ‘OK, Mark, that’s us.’ I mean, that’s the same thing.”
DiSabato’s family has deep ties to Ohio State athletics.
“Five of my brothers wrestled Ohio State, two cousins… altogether, we have 36 varsity O’s, the most in any family in the history of Ohio State athletics,” he said.
Despite signing a settlement in 2020, DiSabato said he remains unsettled about the situation.
Hundreds of former Ohio State athletes have since come forward with similar experiences involving Strauss, who allegedly performed unnecessary genital exams and showered with athletes. Former hockey player Al Novakowski described the lasting impact of keeping the abuse secret for decades.
“It’s been a journey over the last few years to get to a point where I’m able to use the terms abused and raped without breaking into tears and throwing up,” Novakowski said. “I hid it for over 30 years. I told no one, not a soul.”
Many survivors described feeling trapped by their circumstances, fearing the loss of scholarships and athletic futures if they spoke out. Former wrestler Michael Schyck emphasized the difficulty of their position.
“People have their opinions and what they would have done 30 years ago, but until they’re put in a situation the way we were and how we were, they don’t really have any understanding,” Schyck said.
Despite the personal cost, the survivors said they came forward seeking accountability and hoping to protect others.
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