Correction, it was a two month investigation that in all that time could only interview five (disaffected and linked) band members and helicopter moms, and four band alumni. Two months was not, apparently, long enough to try to get a balanced perspective of the issue by talking to any of the other 221 OSUMB members, or the thousands of TBDITL alumni. Something about making the evidence fit the narrative comes to mind. You are now hearing from all of those disenfranchised and angry Band members and alums, and it doesn't seem to be to your liking. Well, get used to it, because the noise is only just beginning. And again, your "legal expert" is from a small New England school, and has never had any interaction with any of the OSUMB members and directors she is so happy to throw to the wolves. I am sure she has never even set foot on the OSU campus, but she is still an expert on our culture and practices.
Perhaps OSU, instead of using Waters as a scapegoat in their attempt to make OSU look Title IX friendly, should try giving him the kind of supporting resources that Urban Meyer has for a football team about half the size of the band, and then developing and implementing an amelioration plan to move forward with. To expect the Director, with his one full time associate, to manage all these issues without one single compliance officer, academic counselor, trainer, or doctor, is ludicrous. He has clearly made progress, but image is everything for OSU, so the University just throws him under the bus instead.