A district judge ruled to dismiss a lawsuit last week filed by a former University of Wisconsin student and varsity band member who had been fined $41.38 for swearing on a returning bus trip from the 2004 Big Ten women’s basketball tournament.

UW band director Michael Leckrone fined UW business school graduate student David Gauder and other band members last year after the bus trip because he and other band members used the “f-word” during their trip.

Leckrone said the policy of the band, which is given to students when they join, is to hand out fines to those who have behavioral problems or use inappropriate language during rehearsals or performances.

“It is designed to make people understand what their responsibilities are,” Leckrone said.

According to Leckrone, the incident started with one or two people and escalated. He said the bus driver asked the students to quiet down because he could not concentrate enough to drive.

Leckrone said when the students returned from the trip he issued fines to the entire group of band members, including those who did not attend the away game. The total fine totaled $1,200, which came to $41.38 for each student fined. In addition, he said he did not allow members to attend the tournament the following week.

“I gave them a break and set a very conservative number,” Leckrone said.

Leckrone said the policy is not meant as a way for the band to make a profit from fines. He added all the money the office receives in fines goes directly to charity. The $1,200 from this incident will go to benefit the Ronald McDonald House, Leckrone said.

The fines he hands out vary according to the details of the incident, however they can be as high as $200. Leckrone added the bus incident was a rare occurrence, and he usually only gives out a few fines during the band season.

Former band member and UW senior Matt Meyer said the policy is not a big deal, and he only witnessed a few band members get fined during the marching season.

“I really don’t go around saying the f-word too much, so it isn’t a big problem for me,” Meyer said.

According to Leckrone, student leaders involved in marching band implemented the policy five or six years ago. He said students who join the team are made fully aware of the policy, and he has not received many complaints regarding the rule.

Leckrone said if students fail to pay the fines, then a hold is put on their student record, which keeps students from being able to register for classes or graduate among other things. He said the policy is comparable to situations where students do not return their uniform or lose their instrument.

“They are liable for it, [and] I think that is only fair,” Leckrone said.

Leckrone said his fines are not in violation of free speech, because students are made fully aware of the guidelines before they join the band.

“They have a choice to say they accept the regulations and policy or they don’t participate,” Leckrone said.