COLUMBUS, Ohio – In its response to a lawsuit by fired marching band director Jon Waters, OSU says Waters was fired because he failed to address a sexualized culture within the band and was an at-will employee who could be fired with or without cause, refuting claims that he was a victim of sex discrimination.
In the federal court filing, the university asks the judge to dismiss the case.
The university says Waters was terminated because he “knew the problematic culture of the band well, but failed to adequately or appropriately fulfill his obligation to meaningfully address the issues before him.”
“Mr. Waters was terminated because of his behavior, not, as he asserts, because of his gender,” university officials said in a press release.
In his suit, Waters has claimed that a female cheerleading coach who was accused of overlooking similar behavior on her squad was given a chance to improve the situation.
Waters’ attorney says the response contains “salacious accusations and innuendos.”
The Columbus Dispatch reported Friday morning that the university says in its court filings that it has found a third sexual assault case in the band while Waters was in charge and several raunchy student-produced videos in which Waters sometimes appeared.
“The university has remained mostly silent since Mr. Waters’ termination to enable the Marching Band to put the past behind it. The university, however, has now been put in a situation where it must share certain information in order to refute Mr. Waters’ meritless claims,” Board of Trustees chairman Jeff Wadsworth said.
Waters was fired after a university investigation turned up evidence of sexually-charged hazing rituals and an atmosphere the university claimed could be seen as condoning sexual harassment and violated Title IX sex discrimination laws.