Former band director Jonathan Waters sued for reinstatement last month, accusing Ohio State University, President Michael Drake and a provost of discriminating against him by disciplining him differently than a female employee and denying him due process.
In continuing to defend Jonathan Waters’ July 24 termination, the university alleged that he repeatedly concealed the culture of the band from outsiders and misled university officials.
Waters sued for reinstatement last month, 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, including on grounds Waters was an at-will employee who could be fired for any reason. It also argues Waters can’t validly argue gender discrimination as a member of the male majority.
Thursday’s filing in U.S. District Court in Columbus includes new details.
It lists three sexual assault allegations brought to Waters while he was serving as interim director and director in 2012 and 2013, one more than was previously known. In one case, Waters proposed disciplining both the male and female involved by requiring them both to miss an upcoming road trip, university attorneys wrote.
The 2007 calendar was found in Waters’ office after his termination. It pictures male band members with “strategically placed band equipment” and was marked, “For Jon Waters’ eyes only.” Waters referenced the document and its “seductive poses” in his lawsuit.
