University officials are calling the beating of Deantrious Mitchell a hate crime, which could upgrade charges to felonies.

John Anderson, interim director of university relations, said at a news conference Monday that he believed the incident was a hate crime.

Mitchell, a Union Drive Association student security officer, was assaulted by a group of white men while on patrol early Friday morning in a parking lot behind Helser Hall.

Officials say racist comments including the word “nigger” were made during the assault.

The investigation has not turned up any solid leads yet.

Loras Jaeger, director of the Department of Public Safety, said although the crime is now classified as a serious misdemeanor, it could be prosecuted as a felony hate crime.

After suspects are identified, DPS officials will meet with officials from the Story County Attorney’s Office to “determine appropriate charges,” Jaeger said. “At this point there is no need to decide on how to charge them.”

DPS is the only agency investigating the case, but other agencies have been consulted, Jaeger said. Both the FBI and U.S. Attorney’s Office were contacted in order to determine if the crime was related to federal civil rights statutes. It did not meet those classifications.

The DPS report on the incident lists the offenses as “assaults,” “hate crimes” for state records and “aggravated assaults” for FBI national records.

According to the Code of Iowa, “any act of assault intended to cause injury or pain…or intended to cause fear of injury or pain, coupled with the apparent ability to execute the act” constitutes a hate crime.

Michael Levine, a legal consultant with Student Legal Services, said either physical or verbal assault could constitute a hate crime.

“Verbal abuse can sometimes rise to the level of assault, but you have to look at the definition of assault,” he said.

If tried as an aggravated misdemeanor under state law, the crime could result in a prison sentence of no more than two years, Lavine said. If fined, the amount would be at least $500 and up to $5,000.

If tried as a hate crime under state law, the assailants could be sent to prison for up to five years. Fines cannot exceed $7,500.