Ohio

Ohio State band trainer to be sentenced for sexual battery

Former Ohio State University drum major instructor Stewart Kitchen, background, stands next to defense attorney Thomas Hayes in a Franklin County courtroom while being sentenced to three years in prison for sexual battery on Wednesday, June 29, 2016, in Columbus, Ohio. Kitchen, who was accused of raping a female student, pleaded guilty to sexual battery and apologized to the victim in court. (AP Photo/Kantele Franko)

Former Ohio State University drum major instructor Stewart Kitchen, background, stands next to defense attorney Thomas Hayes in a Franklin County courtroom while being sentenced to three years in prison for sexual battery on Wednesday, June 29, 2016, in Columbus, Ohio. Kitchen, who was accused of raping a female student, pleaded guilty to sexual battery and apologized to the victim in court. (AP Photo/Kantele Franko)  (The Associated Press)

A former Ohio State University drum major instructor who pleaded guilty to a sexual battery charge over an encounter with a student is scheduled to be sentenced Wednesday in Columbus.

Stewart Kitchen could face up to five years in prison, but has asked that he not be put behind bars.

Court documents allege the assault occurred at Kitchen's Columbus home in April 2015 after he and the 19-year-old woman went out drinking. More serious charges were dismissed as part of a plea deal with prosecutors.

In a court filing, his attorney says the 29-year-old has taken responsibility for what happened and has been remorseful. The attorney says Kitchen has an otherwise exemplary background, including extensive community involvement in Kenton, where he grew up.