Federal judge reschedules hearing on Ohio State request to toss fired band director's lawsuit

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COLUMBUS, Ohio — A federal judge has rescheduled a hearing to weigh Ohio State University's request that a civil rights lawsuit by the school's fired ex-marching band director be tossed.

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 school alleges he repeatedly concealed a "sexualized" band culture from outsiders and misled university officials. Waters, who was terminated in July, has re-applied for the job.

Judge James Graham will now hear arguments April 10.

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