Unlike settlements in the cases against Dr. George Tyndall that resulted in payouts over $1 billion and an apology from the school’s president, no such disclosures or statements were made by USC in the Kelly case. The parties in the Kelly case issued a joint statement saying the terms were confidential. In addition to the secret terms of the agreement, the Kelly case is unusual from other recent settlements involving sexually abusive university doctors because most of the plaintiffs - 76 of 80 - are LGBTQ, attorney Mikayla Kellogg said. One plaintiff who was born a male is now a female. “Here we have this population that is both male and LGBTQ-plus … and that is really what makes it a unique story, but also a story that I think needs the attention.” “There’s no population that’s immune from the reach of the damaging results of sexual misconduct,” Kellogg said. The Kelly case may never have come to light if not for reports of the rampant sexual abuse by Tyndall and Dr. Larry Nassar, the former Michigan State University sports doctor as well as a doctor at USA Gymnastics, who is now serving decades in prison for abusing female athletes, including medal-winning Olympians.Īlthough USC received reports of alleged abuse by Kelly dating back at least to 2006, he remained in his job until 2018. In January 2018, a senior USC administration official complained to the chief health officer that he had been abused by Kelly when he was a student, attorney Kelly Van Aken said. The official came forward because of the Nassar case and conversations he had with this own doctor. Kelly, 75, who began working at USC in 1997, retired in August 2018.
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He surrendered his license the following year amid an investigation by the state medical board. State records show he acknowledged he had a progressive physical or mental condition that impaired his ability to practice medicine. Tyndall, 75, has pleaded not guilty and denied any misconduct.
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He is awaiting trial on 35 criminal counts of alleged sexual misconduct between 20. The lawsuit against Kelly was filed in 2019 after another male student - not the administration official - learned of the Tyndall scandal and reported that he had been subjected to an “uncomfortable, upsetting, and disturbing” visit that served no legitimate medical purpose and left him feeling ashamed and humiliated. The man, referred to as John Doe 1 in the lawsuit, said Kelly asked embarrassing questions about whether he shared sex toys, watched porn, or “hooked up” with people on the internet, the lawsuit said.
Kelly then insisted on performing a rectal exam against his wishes. Kelly was not providing legitimate medical treatment to him but was instead sexually abusing him to further his own prurient desires and/or to discriminate, shame, humiliate, and embarrass him as a result of his sexual orientation,” the lawsuit said. Oshita said he was thankful for the people who had the courage to come forward, which inspired him to join the lawsuit. He said the confrontational process was bruising with lawyers trying to discredit him.ĭespite Kelly and USC’s denial of responsibility, Oshita said settlements of this kind don’t come easy, and he considered it a reckoning.