Airy v. Ohio U: How mental health crises are dealt with at Ohio U

Editor’s Note: This story was originally published in TNPs spring print.

Editor’s Note: Since publishing, the Airys and Ohio U have reached a settlement and there will not be a trial.

Photo provided by Robin Airy.

“It never leaves you and it never will,” said Brad Airy, father of Jordyn Airy as he discussed the upcoming trial. “I don't know what she looked like as an adult and how successful she would have become and that is mind boggling knowing that her life was stopped.”

From a rainy day in Athens, Ohio, I FaceTimed with Jordyn’s mother, father and stepmother as they described Jordyn as an older sister, a daughter, a lover of pets and a friend. 

“None of the adults that were in Jordyn's life had any idea of the impact Jordyn had with her classmates, because the amount of kids that came to her funeral and the wake up and said Jordyn was always there for me. She always made me laugh. She helped me through this. She helped me through that,’” Katie Airy, Jordyn’s stepmother, said. “So many people came and told us what a positive impact Jordyn had on their life.”

In September 2019, Jordyn died in her dorm hall at Ohio University and in August 2021 her family’s lawyer, Ray Marvar, filed a lawsuit for wrongful death in the Ohio Court of Claims. The suit argues Ohio University could have prevented her death if it had followed proper standards of care, according to their lawyer. 

Four years ago, 18-year old Jordyn Airy was gearing up to enter her first year at Ohio U. Jordyn enrolled in the “Transition Success Program” (TSP) for academically at-risk students. As part of  this program, Jordan had a  designated dorm, Wilson Hall, according to her parents. The New Political asked Ohio U’s University Communications and Marketing (UCM) back in March, with 2 emails and phone calls, and we still do not have a definitive answer, if this program still exists.

According to Jordyn’s mother, Robin Airy, Jordyn wrote a letter to the university noting her past struggles with mental health and her eagerness to attend Ohio U, which is why she became a part of TSP. Upon moving Jordyn into Athens, her parents felt confident in her becoming a member of the “Bobcat family.” 

The lawsuit argues that parents of students and the university enter a “special relationship,” as students enter their years at Ohio U. The lawsuit cites materials from Ohio U promoting parent involvement and outreach when needed, especially in crisis. 

According to Robin Airy, outside Jordyn’s room was a poster with the Resident Assistant (RA)’s phone number if it was ever needed, Robin Airy said she took a photo of the number. 

Photo provided by Robin Airy.

The New Political tracks the Jordyn Airy case from where it started to where it’s going: 

Timeline 

On Sept. 7, 2019, Brad Airy reached out to RA Ashley Spiller via text message requesting a wellness check at 2:07 p.m. after not hearing back from Jordyn since the previous night, according to the lawsuit. After the message was marked “read” and receiving no response, the lawsuit said Brad Airy called and left a voicemail on Spiller’s cell phone. 

Spiller shared the messages with supervising Resident Director Jeremy Miller, who informed her to not communicate with Brad Airy and to knock on Jordyn Airy’s door, according to the judge’s decision on a summary judgment motion from Ohio U. Spiller received no response from the knock or from a following text message to Jordyn Airy. 

At 3:54 p.m., still with no responses, Brad Airy called Ohio U Housing and Residence Life, then learned that it was closed for the weekend, according to the lawsuit. 

At 5:53 p.m., Brad Airy made another call to Spiller and left a message, then called another time a few minutes later, according to the lawsuit and still received no response. 

At 6:07 p.m., after seven telephone calls and text messages, Brad Airy received a phone call from Miller where he reprimanded Brad Airy for contacting Spiller, the lawsuit stated. Brad Airy then emotionally demanded a wellness check be performed on Jordyn Airy. 

The response in opposition to the motion for summary judgment included an excerpt from Ohio U’s incident response guide for residence life and housing employees, which explains “that if a parent reaches out about a student, an employee should encourage the student to contact their parent, but if the employee is unable to make contact with the student the employee should inform the parent they failed to make contact.”

At 6:30 p.m., Miller and Spiller performed the wellness check and found Jordyn Airy deceased, then called first responders, according to the lawsuit. 

Brad Airy, after hearing no follow-up about the wellness check, proceeded to make five phone calls to Miller between 6:56 p.m. and 8:02 p.m. All with no answer, according to the suit. 

Photo provided by Robin Airy.

Brad Airy then makes two phone calls to the Ohio University Police Department at 8:04 p.m.. and at 8:33 p.m. According to the lawsuit, both times he was told they were too busy to talk with him. 

At 8:54 p.m. and after 13 phone calls and texts, OUPD notified Brad Airy of his daughter’s death by OUPD as he was driving down to Athens, according to the suit. 

Robin Airy noted she was first notified of her daughter’s death from one of Jordyn’s former high school classmates who had learned via a social media post, as she was driving down to Athens. She added that it was before the formal notification from OUPD. 

At 9:15 p.m. Brad Airy arrived at OUPD in Athens from Dublin, Ohio, according to the lawsuit. 

Robin Airy also shared that she was unable to identify the body upon arrival in Athens and was told by OUPD that officials transferred Jordyn’s body to Dayton for autopsy. 

The Autopsy and Coroner's Report lists the time of death at 6:40 p.m. the evening of Sept. 7 and states death occurred within minutes of intoxication by prescription medication. 

Aftermath and going forward

Jordyn Airy’s parents noted in an interview there was minimal communication with the university following her death, aside from arrangements to gather Jordyn’s belongings and the attendance of two university employees at Jordyn’s funeral. 

The suit posited that if Ohio U had followed their own protocols and upheld the standards of communication and care when Jordyn’s parents requested a wellness check, then the university could have prevented Jordyn Airy’s death. Ohio U did not meet the emergent and immediate response to a mental health crisis, according to the lawsuit.

In October 2022, Ohio U filed for a summary judgment citing that Jordyn’s death was not foreseeable to the university, and therefore, the university cannot be held liable for Jordyn’s death. Judge Patrick E. Sheeran denied the motion to avoid a trial and the trial is set to begin April 10. 

Although the university does not comment on pending litigation, it offered a brief response after two emails and a phone call with an outdated recorded voicemail message of its former– and deceased– Ohio U’s University Communications and Marketing Director Jim Sabin.

The New Political also attempted to find the physical office of Ohio U’s UCM, as its address was not listed online nor in its voicemail. I went to Culter Hall to ask for its location and the front desk worker also struggled to find an address, it wasn’t until her supervisor advised me Ohio U’s UCM’s offices are located at the Ridges, about a mile off campus. The supervisor told me he would also reach out to UCM to update its website to include an address. As of publishing, there is still no address available on UCM’s site. .

“This case is a tragedy that has deeply impacted all who were involved. The University will present its defenses to the allegations in court when the case goes to trial, and it will present evidence that the facts of this case are not as alleged in the lawsuit,” according to an email from Ohio University Communications and Marketing sent the day after my visit to Cutler Hall. 

The Airys along with Marvar hope to see accountability and a reform within Ohio U’s practices from the training of RAs and emergency response to mental health resource access and communication. 

Photo provided by Robin Airy.

Brad Airy said Spiller is also a victim in this case because of the poor training and instruction from the university. 

“The parents are not interested in the money; they want to see OU change this, to admit they have a problem and do something about it. So this doesn't happen again,” Marvar said. 

Mavar mentioned testimony from the university revealed no internal review of the standing university practices following the death of Jordyn Airy on campus. 

“This is an opportunity for them (Ohio U) to be a leader in how to deal with these very serious issues that not only continue to exist, they're getting worse,” Marvar said. 

According to the American Psychological Association, student mental health is in a crisis. 

“Death of students is not going away. It's going to increase,” Robin Airy said. “We will not be the last parents to have to go through this. And we don't want any parent to have to go through this.”

If you or someone you know is struggling with suicidal thoughts or mental health matters, please call the National Suicide Prevention Lifeline at 800-273-8255 to connect with a trained counselor or visit the NSPL site.