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Tribune News Service
Tribune News Service
National
JoAnne Viviano

Medical board had evidence of abuse by Ohio State doctor but didn't act, panel says

COLUMBUS, Ohio _ A State Medical Board investigator found credible evidence of abuse by former Ohio State University doctor Richard Strauss in the 1990s, but the board did nothing to remove Strauss' medical license or inform law enforcement, a state panel appointed by Gov. Mike DeWine found.

DeWine on Friday called on the State Medical Board to examine every sexual assault case closed without any action being taken for at least the past 25 years. There are about 1,500 cases that fall into that category.

"I understand that this will be a major undertaking ... but I shudder to think that there could be other predator physicians still practicing in the state of Ohio or other places in our country," DeWine said. " ... I sincerely hope that there are no other predators out there, physicians like Dr. Strauss, but we must be sure."

The panel was formed to dissect a 1996 State Medical Board investigation that resulted in no charges against Strauss, now accused of sexually abusing at least 177 former male students.

Strauss molested the students while serving in Ohio State's athletic department and at the student health center from the late 1970s through the mid-1990s, a university investigation found. He later died by suicide in California.

DeWine said in a news conference that a medical board investigator found "credible evidence" of sexual assault in 1996 and an enforcement attorney had taken steps to proceed with a case in 1997, but that case fell into what one person who worked for the board at the time called a "black hole."

The enforcement attorney is now dead and cannot be asked about the reasoning behind the lack of action.

A state employee, still at the board, said the case "basically fell into oblivion," DeWine said.

Tom Stickrath, director of the Ohio Department of Public Safety and chairman of the panel, said there was no evidence that anyone attempted to push the case into the "black hole." It was closed without a documented reason in 2002.

"It's almost inexplicable, and witnesses we talked to couldn't explain it," Stickrath said.

Credit for opening the case goes to the investigator, DeWine said, who opened a complaint on Strauss after discovering that Strauss' authority to see patients was suspended by the university while investigating another 1996 complaint _ made by Strauss himself.

The investigation ultimately found that Strauss had been "performing inappropriate genital exams on male students for years," the governor said.

After evidence was found that other physicians knew about Strauss's misconduct and did not report it to the board, investigations were not opened into those doctors, DeWine said. As such, the panel also has recommended that the board review any cases where action was pursued against an offending physician but not against doctors who failed to report the behavior.

"It's horrible. Look, people have an obligation to do what's right; they have an obligation to come forward. Part of what we hope comes out of this horrible tragedy is we're trying to change culture and the culture should be 'If you see something, put your hand up. Report it.'" DeWine said.

He added, "This whole story is disgusting, this whole story is a failure of people to do what's right to do and what they should do irrespective of what the law requires them to do."

In a statement, the State Medical Board said its investigation protocol for sexual misconduct complaints has "substantially advanced since the tragic misconduct of Richard Strauss" and that its mission is to protect the health and safety of Ohioans.

"We have streamlined the complaint intake process and now triage alleged sexual boundary violations with the highest priority. Investigations are more survivor-focused, more psychologically minded, and take advantage of the research that has been done in this area," the statement says. " ... The board will continue to make operational improvements to better protect the victims of predator physicians."

Ohio State University had no immediate comment.

In an effort to determine whether the board acted appropriately, DeWine had asked the 15-member panel to examine sections of the State Medical Board investigation that were redacted in the university report, released in May.

Due to privacy concerns, state law forbids the release of State Medical Board investigative information unless misconduct charges are filed. DeWine said Friday that he believes transparency is necessary in these types of situations.

The panel is asking for changes in how the medical board handles investigations and confidentiality. Those changes include incorporating a trauma-informed and survivor-focused approach to investigations, including victim advocates in the investigation process, reviewing closed cases to make sure the closure was done appropriately, enhancing communication and strengthening relationships with law enforcement.

The state nursing board, dental board, psychology board, pharmacy board and other licensing boards are being asked to report to the panel about their investigative processes and work with law enforcement in an effort to make sure all boards are acting appropriately and taking action when needed.

The panel, appointed by DeWine in May, includes: Stickrath; Lori Criss, director, Ohio Department of Mental Health and Addiction Services; former state Rep. Michael Curtin, D-Marble Cliff; Dr. Kent Harshbarger, Montgomery County coroner; Kelly Heile, assistant prosecutor, Butler County; Lance Himes, general counsel, Ohio Department of Health; University of Dayton police Assistant Chief Savalas Kidd; Delaware County Sheriff Russell Martin; University of Toledo police Chief Jeff Newton; Carol O'Brien, deputy Ohio attorney general; Franklin County Prosecutor Ron O'Brien; Patrick Oliver, director of the criminal justice program at Cedarville University; Amy Pridday, victim advocate, Ohio attorney general's office; Sloan Spalding, chief of staff, state auditor's office; and, State Highway Patrol Lt. Col. Kevin Teaford.

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