Judge rules fired Ohio State band director's lawsuit can proceed

COLUMBUS, Ohio - A band director fired by Ohio State University for allowing a ''sexualized culture'' within its celebrated marching band may move forward with his civil rights lawsuit against the school, a federal judge ruled Friday.

U.S. District Judge James Graham denied Ohio State's request to dismiss the lawsuit filed by Jonathan Waters, who was fired last summer after an internal investigation found that he turned a blind eye to the band's culture of raunchy, profane and suggestive traditions and mishandled sexual discrimination allegations.

Waters' suit accused the university, President Michael Drake and a provost of discriminating against him. He said they denied him due process and disciplined him differently than a female employee. His lawsuit seeks reinstatement and $1 million in damages.

The judge ruled that the university didn't violate Water's due process rights but said the lawsuit could proceed on the grounds of reverse discrimination.

A university spokesman had no immediate comment.

''We're very pleased that Judge Graham saw the potential merit in our reverse-discrimination claim,'' said Waters' attorney, David Axelrod. ''We've said all along that Jon was treated very unfairly by Ohio State, and we're anxious to start talking to the witnesses and getting to the truth.''

Waters, hired as director in 2012, was known for revolutionizing the band's halftime shows. The morphing and dancing creations he designed on iPads drew hundreds of thousands of views on YouTube and landed the band known to fans as The Best Damn Band in The Land in an Apple commercial.

He was fired in July after the internal investigation.