Lawyers for Ohio State University say a fired marching band director has no legal grounds to proceed with his defamation suit.
In a Thursday motion, the university seeks dismissal of Jonathan Waters' case before the Ohio Court of Claims. Waters was fired last July after an internal investigation determined he ignored a "sexualized culture" within what's known to fans as The Best Damn Band in the Land.
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University attorneys argue most of the lurid investigative report's details weren't about Waters, but about band culture. They also say Waters acknowledges "the university's conclusions about the band were true."
The brief also cites a federal judge's April ruling in a separate civil rights suit that the university didn't violate Waters' due process rights. Waters' discrimination claim in that case is proceeding.