I would had a hearing. My attorney would have gathered every photo of the okay sign by known people. On the stand, I would have testified to knowing each by sight, and identifying each giving the okay sign. I would have continued until the other side admitted the okay sign. Review of suspensions by co-workers. Indeed.
I now understand why those 4 Russians visiting for a specific problem in our manufacturing cereal process were so upset about being gestured that way by an American as to run up to the plant manager immediately to complain.