Judge schedules hearing in fired band director lawsuit

In this Nov. 19, 2013 photo, Ohio State University marching band director Jon Waters poses for a photograph at the Steinbrener Band Center in Ohio Stadium before practice, in Columbus Ohio. OSU on Thursday, July 24, 2014 fired Waters amid allegations he knew about and ignored "serious cultural issues" including sexual harassment. (AP Photo/The Columbus Dispatch, Eamon Queeney)
In this Nov. 19, 2013 photo, Ohio State University marching band director Jon Waters poses for a photograph at the Steinbrener Band Center in Ohio Stadium before practice, in Columbus Ohio. OSU on Thursday, July 24, 2014 fired Waters amid allegations he knew about and ignored "serious cultural issues" including sexual harassment. (AP Photo/The Columbus Dispatch, Eamon Queeney)

COLUMBUS, Ohio (AP) – A federal judge has scheduled a hearing to weigh Ohio State University’s request that the school’s ex-band director’s wrongful firing lawsuit be tossed out.

Former director Jonathan Waters sued for reinstatement last year, 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 seeks dismissal of the suit, saying Waters was an at-will employee who could be fired for any reason and Waters can’t validly argue gender discrimination as a member of the male majority.

The university, which dismissed Waters last summer, alleges he repeatedly concealed a “sexualized” band culture from outsiders and misled university officials.

Judge James Graham will hear arguments March 5 in Columbus.

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