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Judge sets hearing in fired Ohio State band director lawsuit

Created: 01/21/2015 4:52 AM
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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.

(Copyright 2015 by The Associated Press. All Rights Reserved.)

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