The Ohio State University Diving Club is seeking the dismissal of a lawsuit filed against it over allegations that a former coach sexually abused his divers.
The Associated Press reports that the Ohio State club is arguing that as part of a public university, it can’t be sued without its consent. The claim is based on a judicial doctrine called sovereign immunity, which grants the government immunity from being sued without its consent.
The suit is leveled at USA Diving and former coach Will Bohonyi. Three of his former divers say Bohonyi sexually abused them and that USA Diving didn’t take enough action to prevent the abuse. Bohonyi was banned by USA Diving in 2015. Ohio State says it fired Bohonyi in 2014 when it learned of the allegations.
A day after the suit was filed, USA Diving banned two more coaches. John Appleman was named in the suit, which claimed he was informed of Bohonyi’s abuse by one of the victim’s teammates. Appleman had recently been hired as the head diving coach at the University of Arizona, but the school has since rescinded its offer.
Somehow it doesn’t seem too bright to argue that as a part of a public University they cannot be sued without their permission, and that they do not give their permission. Whatever the merits of the lawsuit, this response does not communicate the message that they take such matters seriously.