A federal court judge Friday dismissed former Ohio State University band director Jonathan Waters' lawsuit claiming that he suffered gender discrimination when the university fired him in 2014 for failing to address a "sexualized culture" in the nationally known band program.

A federal court judge Friday dismissed former Ohio State University band director Jonathan Waters' lawsuit claiming that he suffered gender discrimination when the university fired him in 2014 for failing to address a "sexualized culture" in the nationally known band program.

Waters said he is unsure whether he will bring any further action against the university. His suit claiming that the university defamed him was dismissed by the Ohio Court of Claims in July.

"I guess for some injustices, there are seemingly no legal remedies," Waters said, who was hired earlier this year as band director at Heidelberg University in Tiffin, Ohio. He said he is "looking at all the options" as to whether he will bring any further action.

>> Read full coverage of the band controversy

Ohio State responded to the dismissal with a written statement: "We are most pleased with Judge Graham�s thoughtful and carefully considered 36-page opinion, and we are gratified that he has dismissed this final claim against the university. Ohio State acted responsibly and appropriately to support our students. We look forward to another fall filled with outstanding performances."

The federal suit dismissed Friday claimed that OSU President Michael V. Drake's decision to fire Waters was discriminatory against men because a female coach who faced discipline over similar allegations was not fired. Drake took office at Ohio State as the band scandal was breaking. He made the decision to fire Waters in his first few weeks.

Waters' suit argued that Drake's stated reason for firing him � because he failed to change the band's sexualized culture � was a pretext and the real reason was a bias against men. It also suggested that, even if Drake didn't act out of bias, someone influencing him, such as a university trustee, might have.

U.S. District Judge James L. Graham wrote that Waters "has not submitted evidence supporting an inference that the legitimate, non-discriminatory basis for his termination was pretext, and has failed to support" the idea that someone above Drake influenced him to discriminate � referred to as a "cat's paw" theory.

Waters has maintained that he was working to eliminate band traditions such as offensive nicknames and parody songs and that he had been praised for that in earlier job evaluations. He has said that the university decided to fire him to appease federal education officials who were investigating OSU for possible violations of Title IX of the higher-education law, which prohibits discrimination based on gender.

"I maintain from the very beginning of this entire matter that the university used me as a scapegoat," he said, pointing out that the assistant directors who worked under him remain in place.

"Just because the judge has said that (university officials) are the victors in a legal sense, they aren't necessarily the victors in truth."

mcedward@dispatch.com

@MaryMoganEdward