COLUMBUS, Ohio (WTVN) -- The fired director of the Ohio State Marching Band is formally requesting his job back. Jon Waters is citing a flawed report from the university and a positive job performance review.

"He was praised for his efforts to move the band culture in the right direction and to overcome a resistant group of alumni who like to hang on to old traditions which may not have a place in today's culture," Waters' attorney, David Axelrod told NewsRadio 610 WTVN's John Corby.

Waters sent a letter to the university board of trustees asking them to act during their meetings on August 28 and 29.

University President Michael Drake fired Waters on July 24 after a two-month investigation concluded that he should have known about a "sexualized culture" and failed to stop it. That culture included students marching into Ohio Stadium at midnight in their underwear, sexually explicit nicknames for new members, suggestive stunts, and groping on buses, according to the report.

Axelrod called the situation a "rush to judgment." He claims that Waters was never given a chance to defend himself and was actually handed the report from the university after being told he could either resign or be fired.

"When we were being told he was being fired I asked the university for a week. They had taken away his keys, they had taken away his ID, he was for all intents gone. I asked them before taking formal action to fire him to wait a week and let me make a presentation on his behalf and they refused," Axelrod said.

Drake told reporters on Wednesday that his decision to fire Waters was made based on the facts from the report and he isn't changing his mind.

(Photo courtesy Dave Maetzold)