Regents decline student’s expulsion appeal
November 15, 2004
After a long and exhausting judicial process, Eric Osterholm has reached the end of a road.
Osterholm, the only student known to have been expelled by Iowa State for involvement in the April 18 riot in Campustown, was hoping an appeal to the Iowa Board of Regents would help him regain his academic standing.
The Regents decided in a closed executive session at its Nov. 4 meeting to decline review of the appeal, upholding recommendations by the Board’s Executive Director, Gregory Nichols, and Director of Legal Affairs and Human Resources, Thomas Evans.
The decision leaves his educational future uncertain. It’s also created a difficult obstacle for Osterholm to overcome.
Under Iowa and federal privacy law, all deliberation, discussion and specifics of individual student appeals are confidential. Osterholm — who did not attend the Board of Regents meeting — was sent a copy of Nichols’ and Evans’ letter to the board recommending denial of his appeal. However, he was never informed by the board of its decision.
“It’s news to me,” Osterholm said, who filed his appeal with the regents at the end of August. “It looks like it’s been a long and tedious process for nothing.”
Osterholm said he has no plans to bring the appeal before an Iowa court.
“I’m a poor college student. I don’t have money for a lawyer,” he said. “I just wanted a fair hearing. I just wanted to be treated like a regular student.”
According to his appeal, he argued that he received an unfair judicial ruling from the university because of predominantly strong negative feelings on campus toward accused rioters.
University officials say Osterholm, who was arrested during the night of the riot for interference with officials acts and disorderly conduct, was hurling objects at police and was an instigator of the riot — accusations he denies.
Osterholm said he was merely present during the riot and was never a participant in the damage and violent behavior that ensued during the night. If he made any mistake, he said, it was that he didn’t leave the riot.
However, Story County Sheriff Paul Fitzgerald has previously testified that he observed Osterholm throwing objects at officers several times. Story County Capt. Gary Foster has corroborated Fitzgerald’s claims, testifying that Osterholm was inciting a crowd of people at the corner of Lincoln Way and Welch Avenue. Foster also has said he observed Osterholm tear down a street sign and hurl it at officers.
A video was also presented to the ISU All University Judiciary — a panel of students, faculty and staff who recommended Osterholm’s expulsion — which university and sheriffs officials say depict Osterholm displaying such behavior. Osterholm said such statements are “ridiculous.”
Osterholm said he was also unable to cross-examine Fitzgerald and Foster, as he has to direct all questions to the judicial panel, adding that the video used in the hearing was “highly dramatized.”
“There is nothing on the video that shows me throwing anything,” he said. “Anything that came out of [Foster’s] mouth was gold. I might as well not have shown up at my hearing. If I had had a lawyer there, the hearing would have gone completely different.”
Osterholm claims it would have been impossible for anyone on the All University Judiciary to have been impartial.
“How could there be no bias? Because Iowa State made national news and with more than $100,000 worth of damage done, it was one of the biggest, most dramatic things Iowa State has had to deal with in recent years,” he said. “As members of the community, the riot directly affected them in some way. Anyone from ISU has a vested interest in the university and thus in the outcome of what happens after the Veishea riot. It’s like having a jury full of family members of a person accusing you of a crime.”
Dean of Students Pete Englin said Osterholm received no differential treatment and was granted all rights guaranteed to students under the university’s Student Disciplinary Regulations and state, federal and local law.
“Had the actions occurred this weekend as opposed to Veishea weekend, the outcome would have been the same,” Englin said.
Osterholm disagreed.
“It’s like they said with this first trial, ‘We’re going to nip this in the bud’ — like I was made to be their example of zero tolerance,” he said, adding that he was the first student arrested at the riot to go before the university judicial process. “A lot of them were exposed to media images of nameless, anonymous drunk students causing damage. With me, they were able to put a face on the riot.”
After his arrest, Osterholm was charged with interference with official acts, disorderly conduct — both simple misdemeanors — and assaulting a police officer, a serious misdemeanor. Osterholm made a plea bargain with prosecutors, pleading guilty this summer to the two simple misdemeanors in exchange for dropping the assault charge.
He served four days in Story County Jail for the two charges. He was also fined more than $1,700, given two years probation and about 80 hours of community service.
Osterholm, who had a 3.8 grade point average at Iowa State and a clean criminal record, is now attending Morningside College in Sioux City — trying to get his life back on track.
“I was better for going through the process and for not just sitting here and taking it. It’s better for me to have some conviction and stand up for something that wasn’t right,” he said. “It was an uphill battle, and I’m relieved that this formal process is over.”