Judge: Ex-band director has 4 months to prove claims

Associated Press

COLUMBUS

A federal judge said Friday that an Ohio State University band director fired for turning a blind eye to a “sexualized culture” there has four months to gather evidence over his gender-discrimination claim.

U.S. District Judge James Graham rejected Jonathan Waters’ due-process arguments last week but is allowing a claim Waters was treated differently from a similarly situated female employee to proceed.

President Michael Drake fired Waters last year after an internal investigation concluded Waters did nothing to stop raunchy, suggestive and inappropriate band rituals and traditions. Waters disputes the findings. His suit seeks reinstatement and $1 million in damages.

Ohio State attorney Mike Carpenter told Judge Graham at a Friday hearing that it would be unfair to allow Waters’ legal team to conduct a sweeping review of other university dismissals when their claim is limited to the narrow category of “similarly situated” employees. He noted that the marching band has never had a female director.

Carpenter said the university believes it can prove a fired female cheerleading coach cited in Waters’ complaint, Lenee Buchman, was not similarly situated to him. He said they intend to file a motion soon to that effect, which could quickly end the case.

“Absent a similarly situated female, they have no case,” he said.