Skip to main content

Ohio State: Fired band director was dishonest

By WTOP Staff

JULIE CARR SMYTH
Associated Press

COLUMBUS, Ohio (AP) — Ohio State University’s fired band director witnessed more sexually charged incidents than previously reported, once proposed punishing a female band member who reported sexual assault and had a calendar of nearly nude male band members in his office that he never brought to investigators’ attention, school attorneys said in response to his federal lawsuit.

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.

Waters had led the celebrated band since 2012. The halftime shows he created were considered revolutionary. Videos of the morphing and dancing images the band creates on the field have drawn hundreds of thousands of views on YouTube and landed the band in an Apple commercial.

“Ohio State’s answer to our complaint contains many salacious accusations and innuendos against Jonathan Waters and the entire OSU marching band — The Best Damn Band in the Land,” Waters’ attorney David Axelrod said in a statement. “We will aggressively attack those accusations and innuendos in court. It is a shame that the university is so willing to publicly disparage the marching band — one of its crown jewels — to defend its bad decision.”

Axelrod said Waters’ defense plans to call current and former band members who can rebut university claims with firsthand accounts.

Jeff Wadsworth, chairman of the Ohio State board of trustees, said the university was “put in a situation where it must share certain information in order to refute Mr. Waters’ meritless claims.”

The band’s alumni club said the university’s filing went too far.

“It is designed to attack and destroy the history, traditions and people who made up the Ohio State University Marching Band throughout its history,” the group said in a statement. “It goes far beyond the need to defend a lawsuit brought by a wrongfully discharged employee.”

Waters’ lawsuit seeks a minimum of $1 million in damages and a court-ordered name-clearing hearing. It says Waters was targeted for dismissal to impress the U.S. Department of Education as it conducted an investigation into Ohio State’s handling of sexual abuse claims.

Just weeks after Waters was fired, a federal settlement agreement was reached in that case and the probe was closed.

The university filed a 65-page response with voluminous exhibits, as well as a motion to dismiss. Besides the fact that Waters served at will, Ohio State attorneys told the court the school offered Waters the chance for a name-clearing hearing but he never got back to them.

The filing says Waters was aware of — and even sometimes appeared in — videos for a band event called “Fesler night” that contained inappropriate content, but failed to bring them to the attention of investigators. The videos featured a band member who was topless, sex jokes and, in one case, a female student simulating performing oral sex on two male band members while singing, the filing said.

It also details a harassment complaint brought to Waters in January by a female band member who said male band members were tweeting inappropriate, sexist and offensive comments they sat in sexual harassment training.

Copyright 2014 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

Don’t Settle for Student Loans to Pay for Online Education

By WTOP Staff
Online college programs are becoming a more popular choice for prospective students, with one study finding that more than 6 million students enrolled in at least one online course in fall 2015. The popularity of these courses can be attributed in part to their flexibility with working adults' schedules, students' ability to progress more quickly through online programs and, oftentimes, cheaper tuition. [See 10 low-cost online bachelor's programs for out-of-state students.]Online degrees can be beneficial to many college students, but some studies have shown online learners complete their programs at lower rates than students at traditional brick-and-mortar campuses. Individuals with student loans but no degree comprise two-thirds of defaulted borrowers. Though these numbers are not encouraging, just like for traditional programs, there are ways to reduce how much you'll need to borrow for an online program to ensure you won't become one of these statistics. Don't just settle on borrowing student loans to cover the whole cost of your program and living expenses. Instead, start thinking about how to cut costs and cover your balance in different ways, such as the following. -- Grants and scholarships: Even though you are taking an online course, you can still apply and receive grants and scholarships. But your first step should be to complete the Free Application for Federal Student Aid, commonly referred to as the FAFSA, which will allow you to receive a Pell Grant if your expected family contribution is low enough. The EFC criteria and award amounts are adjusted annually, but the 2017-2018 academic year awards range from $606 to $5,920, which could significantly lower the amount you borrow annually. Your next step is to apply for scholarships. You can start by checking online scholarship search engines, such as the Salt Scholarship Search, College Board's BigFuture and Peterson's. But don't forget to take advantage of local organizations and your school's financial aid office. Both may offer scholarships that you can't find with a national scholarship search. [Review these 10 sites to kick off your scholarship search.]For instance, organizations like the Elks Club, Knights of Columbus or the Rotary Club typically offer scholarships annually to local students. Just because you're going to school online doesn't mean you're ineligible. Visit your local library for scholarship listings, and ask around town. You might be surprised how many local organizations offer scholarships. While these scholarships typically aren't large, every little bit counts. Each dollar you receive in a scholarship is a dollar you don't have to borrow and pay interest on. -- Work-study: Another option for online students may be work-study awards. Not all students enrolled in online programs are eligible, but students at some schools -- including, for example, SUNY Empire State College and Liberty University -- are. Work-study awards are not given upfront like scholarships and grants. In most cases, they are an offer to earn up to the awarded amount if you secure an eligible work-study job. While there is a misconception that all work-study jobs must be on campus, students can work for off-campus, nonprofit or public employers as long as the work is in the public's interest. You may be able to work for a for-profit employer if the job is relevant to your course of study. No matter who the outside employer is, it will need to have an established agreement with your college for you to receive work-study funds. Remember, to be eligible for federal financial aid, you must be enrolled and pursuing a degree or certificate. If you're not working toward a credential, Pell Grants and work-study won't be option, but you may still be able to take advantage of private scholarships -- just be sure to read the eligibility criteria carefully. [Explore what to know about financial aid in online programs.]-- Pay as you go: One of the great benefits to enrolling online is the flexible schedule, which can allow you to complete your college coursework around your responsibilities. But prospective students often overlook using their part- or full-time job earnings as an option for paying for college. Almost 80 percent of college students in 2015 worked at least part time while attending classes, according to the National Center for Education Statistics. By budgeting and thinking strategically about your college costs, you can likely reduce your dependence on student loans by paying a portion out of pocket. Many -- but not all -- online programs are less expensive than traditional programs and often have shorter payment periods. Six, eight or 10 weeks are common course durations. Because of the frequency of payments in an online setting, you may be well-placed to pay as you go and possibly avoid borrowing altogether. Attending college online and avoiding student loans may be challenging, but if you are willing to put in the effort, you can limit the amount you need to borrow. More from U.S. News Q&A: Understanding Student Loan Discharge Eligibility Student Loan Refinancing Isn't Right for All Borrowers
Read Next Story

Related News

Frustration grows in Venezuela as earthquake death toll reaches 1,430

Israel and Lebanon sign framework agreement with US in ‘first step’ toward peace, Rubio says

Trump-endorsed populist poised to become Colombia’s next president as rival challenges vote