Lawyers for OSU, fired band director spar in court
A federal judge has rigorously questioned both sides in fired Ohio State University band director Jonathan Waters' civil-rights lawsuit ahead of deciding whether the case should proceed.
Judge James Graham said Friday he'll issue a written decision in the coming days.
Waters was terminated in July after an internal investigation said he turned a blind eye to the band's "sexualized culture."
Waters' suit accuses the university, President Michael Drake and a provost of discriminating against him by denying him due process and disciplining him differently than a female employee.
Graham expressed skepticism that certain university actions stigmatized Waters and shocked the public conscience adequately to constitute due-process violations. He also queried university lawyers on Waters' claims they needed to fire a male to show the school took sexual discrimination seriously.
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.