A former NIU football player is suing NIU for more than $150,000 because the judicial office expelled him without giving him a fair trial, the player’s lawyer said.

Thomas Osteen, a former offensive lineman, was expelled from NIU by the judicial office for allegedly beating up two NIU students in November 1990.

But his lawyer, William Brady, stated that NIU’s judicial code violated Osteen’s due process rights, establishing an “adversarial” atmosphere.

The suit states NIU’s expulsion of Osteen is prohibited by the 14th Amendment to the U.S. Constitution. The amendment calls for due process in which a citizen is entitled to a fair trial.

Osteen was charged by police with aggravated battery after he and two other players allegedly beat up NIU students Joseph Marconi and Shawn Doyle outside Amnesia, 1000 W. Lincoln Hwy.

Marconi and Doyle were brought to Kishwaukee Hospital. Marconi was treated for a concussion, broken nose and two black eyes. Doyle received 14 stitches to his head.

Formal complaints against the three players were filed with the NIU Judicial Office late in November 1990 following the altercation between the players and students.

Named defendants in the case include the NIU governing Board of Regents, Vice President for Student Affairs Barbara Henley, Associate Vice President for Student Affairs Donald Buckner, University Judicial Office Director Larry Bolles, Assistant Judicial Officer Jenine Povlsen and Financial Aid Director Jerry Augsburger.

Former NIU head football coach Jerry Pettibone suspended the three players from the team pending the investigation. However, the other two players, Brett Schroeder and Rich Favor, are on the team roster this year.

NIU Athletic Director Gerald O’Dell said during the investigation, “expectations for athletes are higher than the average person walking the streets.

“They’re innocent until proven guilty … we’re not going to interfere with the legal process,” said O’Dell, citing the athletic department’s policy on such incidents.

“NIU athletes are like any other student … we’re not going to turn our backs on them,” he said.

Osteen is asking to be reinstated as an NIU student.