Former OSU Marching Band director Jonathan Waters directs members of the alumni band during an OSU football game against Kent State on Sept. 13 at Ohio Stadium.  Credit: Chelsea Spears / Multimedia editor

Former OSU Marching Band director Jonathan Waters directs members of the alumni band during an OSU football game against Kent State on Sept. 13 at Ohio Stadium. Credit: Chelsea Spears / Multimedia editor

Former Ohio State Marching Band director Jonathan Waters has reapplied for his position, even though the university has repeatedly told him there’s no chance he’ll get his job back. And the school might be one step closer to guaranteeing he gets the message — a federal judge scheduled a hearing to consider OSU’s request that Water’s lawsuit about wrongful firing be thrown out.

Waters, who was fired in July after an OSU investigation found the band contained an entrenched sexualized culture, submitted a 4 ½ page application to OSU on Thursday for a tenure-track band director position.

“I think that when the university looks at my application — as they will with everyone who applies — they will see my qualifications, they will see exactly what I have done with the band before,” he told The Lantern.

The application opened in December and the university has said it aims to have a new leader selected by February.

When asked if OSU would consider Waters’ application, spokesman Chris Davey said in an email that he cannot discuss the specifics of an open job search.

Meanwhile, Judge James Graham will hear OSU’s case against Waters’ lawsuit on March 5.

Waters’ suit — which is against OSU President Michael Drake and Provost and Executive Vice President Joseph Steinmetz — says he was fired without due process and that he was discriminated against on the basis of gender.

Waters is suing for a minimum of $1 million in compensatory damages, in addition to seeking punitive damages, attorney fees and reinstatement.

OSU says Waters was an at-will employee and that he either knew about or reasonably should have known about a problematic, sexually charged culture in the marching band and didn’t address the problems.