Judge to hear arguments of Ohio State, fired band director

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Jonathan Waters, former OSU marching band director

COLUMBUS, Ohio– A federal judge is set to weigh arguments in a civil-rights lawsuit filed by the fired director of the Ohio State University marching band.

The school will ask at Friday’s hearing that Judge James Graham dismiss Jonathan Waters’ complaint.

Waters has sued for reinstatement, accusing the university, President Michael Drake and a provost of discriminating against him by disciplining him differently than a female employee and denying him due process.

The university argues Waters was an at-will employee subject to firing for any reason, and that Waters can’t validly argue gender discrimination as a member of the male majority.

Ohio State terminated Waters in July after an internal investigation concluded he knowingly continued certain raunchy, profane or suggestive band traditions and mishandled sexual discrimination issues. Waters disputes the findings.