Ohio State University, Thursday, said more evidence exists supporting the schools claim of a sexualized culture within the OSU Marching Band. In a motion, Ohio State asked a federal judge to dismiss the lawsuit fired marching band director Jonathon Waters filed against the university. Among the evidence cited: a previously undisclosed sexual assault of a female student by a male band member. University officials say they also found sexually explicit videos of skits involving partially clothed female band members. They say a calendar of nude or semi-nude male band members in seductive poses was found in Waters office after he was terminated. Ohio State wants the federal lawsuit against the institution thrown out because, it says, Mr. Waters was terminated because of his behavior, not, as he asserts, because of his gender. Waters also contends he was denied an opportunity to clear his name. Ohio State disputes that assertion in todays filing as well. Waters' attorney David Axelrod called Ohio State's response to the lawsuit "salacious accusations" and that "we will aggressively attack those accusations and innuendos in court." "We will ask current and former band members to come forward with firsthand accounts to refute the university's claims," Axelrod said. Last month, Waters sued the university. He said the school, its president and a provost discriminated against him by disciplining him differently than a female employee. He also said they denied him due process. Waters was dismissed July 24 after investigators concluded he turned a blind eye to a "sexualized culture" within the band, including partially clad marching, groping games and explicit nicknames.
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