State Medical Board of Ohio 30 E. Broad St., 3 rd Floor Columbus, Ohio 43215 (614) 466-3934 www.med.ohio.gov July 8, 2020 Case number: 20-CRF- //.ff/ Ted W. Grace, M.D., M.P.H. 374 East Grand Avenue Mail Code 67 40 Carbondale, IL 62901 Dear Doctor Grace: In accordance with Chapter 119., Ohio Revised Code, you are hereby notified that the State Medical Board of Ohio [Board] intends to determine whether or not to limit, revoke, permanently revoke, suspend, refuse to grant or register or renew or reinstate your license or certificate to practice medicine and surgery, or to reprimand you or place you on probation for one or more of the following reasons : (1) On or about March 13, 2020, you were deposed by special outside counsel for the State Medical Board of Ohio related to the Board's investigation concerning Dr. Richard Strauss and the failure of physicians to report Dr. Strauss to the Board as required. Previously, in or about April 2018, Ohio State University [OSU] retained Perkins Coie LLP to conduct an independent factual investigation of sexual misconduct allegations OSU had received about Dr. Strauss related to his employment from September 1978 through March 1998. The "Report of the Independent Investigation: Sexual Abuse Committed by Dr. Richard Strass" issued on May 15, 2019, determined both that Dr. Strauss "abused at least 177 male student-patients he was charged with treating as a University physician" and that OSU personnel "had knowledge of Strauss' sexually abusive treatment of male student-patients as early as 1979." In your March 13, 2020 deposition for the Board, you testified under oath that: • During or about August 1992 through in or about 2007 you served as the Director of Student Health Services at Ohio State University. • As the Director of Student Health Services, you were responsible for overseeing all employees at the Student Health Center, including the physicians who provided medical care to patients. Dr. Richard Strauss was one of the physicians who treated patients at the Student Health Center during your tenure as Director. • You admitted that although you did not know the specific name of the physician, prior to assuming your position as Director you had heard that a physician at OSU had been "touching athletes" and that this rumor was so widespread throughout the Notice of Opportunity for Hearing Ted W. Grace, M.D., M.P.H. Page 2 college health community that it "went clear across the country" to reach you in California. • You became aware of at least three separate complaints against Dr. Strauss involving different male students who were seen for medical appointments with Dr. Strauss at the Student Health Center while you were Director: o In or about January 1995, you became aware of a January 3, 1995 complaint in which a male OSU student alleged that Dr. Strauss had performed an inappropriately long and invasive exam of his genital area. You did not report these events to the State Medical Board. o In or about January 1995, you became aware of a second complaint against Dr. Strauss on January 6, 1995, in which a male OSU student alleged that Dr. Strass had inappropriately and/or excessively examined his testicles and anus and that the student had felt Dr. Strauss press his erect penis against the student's leg during the examination. You subsequently met with the student, his relationship partner, Dr. Strauss, and Dr. Louise Douce who was a non-physician OSU faculty member. You admitted that after receiving the second complaint you gave Dr. Strauss a "verbal warning." You also testified that the Student Health Center implemented a special consent form used exclusively for male patients being treated by Dr. Strauss regarding the option of a chaperone. You did not report these events to the State Medical Board. o Despite being aware of the prior complaint having been made three days prior to the complaint of the second student, you directed a letter to the second student on or about January 26, 1995, in which you falsely stated: "I want to assure you that we had never received a complaint about Dr. Strauss before, although we have had several positive comments." o • Approximately one year later, in or about January 1996, you became aware of a third complaint against Dr. Strauss on January 5, 1996, in which a male student had exited the examination room screaming words to the effect that Dr. Strauss was "crazy" and "a pervert." You testified that the student's chart had been ripped up and thrown on the floor, and lab work had been splattered on the wall. After discussing the incident with Dr. Strauss, you suspended him from seeing patients at the Student Health Center. You did not report these events to the State Medical Board. Although you verbally warned Dr. Strauss in 1995 concerning his conduct, you admitted in your deposition testimony that you did not notify the State Medical Board of Ohio of the allegations against Dr. Strauss. You initially testified that you did not report this to the Medical Board because you had believed such reporting was not triggered unless you "acted in some capacity to restrict his practice" at Student Health Services. However, upon further questioning you also admitted that when State Medical Board of Ohio 30 E. Broad St. , 3 rd Floor • Columbus, Ohio 43215 • (614) 466-3934 www .mP.rl .nh in .nnv Notice of Opportunity for Hearing Ted W. Grace, M.D., M.P.H. Page 3 you subsequently did suspend Dr. Strauss' clinical privileges at Student Health Services in 1996, you failed to report it to the Medical Board. Your acts, conduct, and/or omissions as alleged in paragraph (1) above, individually and/or collectively, constitute "violating or attempting to violate, directly or indirectly, or assisting in or abetting the violation of, or conspiring to violate, any provisions of this chapter or any rule promulgated by the board, " as that clause is used in Section 4731.22(8)(20), Ohio Revised Code, to wit: Section 4731.224, Ohio Revised Code, as in effect at that time. Further, your acts, conduct, and/or omissions as alleged in paragraph (1) above, individually and/or collectively, constitute "[s]oliciting patients or publishing a false , fraudulent, deceptive, or misleading statement, " as used in Section 4731.22(8)(5) , Ohio Revised Code , as in effect at that time. Furthermore, for any violations that occurred on or after September 29, 2015, the board may impose a civil penalty in an amount that shall not exceed twenty thousand dollars, pursuant to Section 4731 .225, Ohio Revised Code. The civil penalty may be in addition to any other action the board may take under section 4731 .22, Ohio Revised Code. Pursuant to Chapter 119., Ohio Revised Code, you are hereby advised that you are entitled to a hearing in this matter. If you wish to request such hearing , the request must be made in writing and must be received in the offices of the State Medical Board within thirty days of the time of mailing of this notice. You are further advised that, if you timely request a hearing, you are entitled to appear at such hearing in person, or by your attorney, or by such other representative as is permitted to practice before this agency, or you may present your position, arguments, or contentions in writing, and that at the hearing you may present evidence and examine witnesses appearing for or against you. In the event that there is no request for such hearing received within thirty days of the time of mailing of this notice, the State Medical Board may, in your absence and upon consideration of this matter, determine whether or not to limit, revoke, permanently revoke, suspend , refuse to grant or register or renew or reinstate your certificate or license to practice medicine and surgery or to reprimand you or place you on probation. Please note that, whether or not you request a hearing , Section 4731.22(L) , Ohio Revised Code, provides that "[w]hen the board refuses to grant or issue a license or certificate to practice to an applicant, revokes an individual's license or certificate to practice, refuses to renew an individual's license or certificate to practice, or refuses to reinstate an individual's license or certificate to practice, the board may specify that its action is permanent. An individual subject to a permanent action taken by the board is forever thereafter ineligible to hold a license or certificate to practice and the board shall not accept an application for reinstatement of the license or certificate or for issuance of a new license or certificate." State Medical Board of Oh io 30 E. Broad St. , 3rd Floor • Columbus, Ohio 43215 • (6 14) 466-3934 www .mP.rLnhin.nnv Notice of Opportunity for Hearing Ted W. Grace, M.D., M.P.H. Page 4 Copies of the applicable sections are enclosed for your information. Very truly yours, LJ t4;t~Jrm tls»Jc Kim G. Rothermel , M.D. Secretary KGR/RJM/jb Enclosures CERTIFIED MAIL# 91 7199 9991 7039 7802 6552 RETURN RECEIPT REQUESTED cc: Ms. Shari Rhode, Rhode Law Office 1405 West Main Street, P.O. Box 99 Carbondale, IL 62901 CERTIFIED MAIL# 91 7199 9991 7039 7802 6545 RETURN RECEIPT REQUESTED 30 E. Broad St. , 3rd State Medical Board of Oh io Floor • Columbus, Ohio 43215 • (61 4) 466-3934 www .mP.rl .ohio .nov