In the first place it's not their property. The frat house is university property and it was leased to the fraternity. As for expelling, the university student code is sufficiently vague enough to give the administration the cover it needs. For example, the handbook states "...the UVPSA or other appropriate administrative official vested with such authority, may immediately take Direct Administrative Action, which he/she deems necessary for the welfare or safety of the University Community...". That action can include expulsion, and the university's lawyers can make the case that Boren was acting for the welfare of the student community.
And to take the property of the other innocent frat brothers, i.e, their paid for living arrangements, without a hearing.
I'm sure they can get their money back from SAE. But once the fraternity disbanded then the students had no further right to live in the building.
And quite frankly, there are racists everywhere, of all colors.
And sizes and shapes. And they don't often get what they deserve. Nice to see an occasion when they do.
Any decent lawyer can drive a truck through this one. There was no imminent danger to the welfare or safety of any student, unless Dr. Boren was afraid of riots by blacks, which in that case, he would be guilty of racism.
Also, if there is a lease, then there are rules in the lease that govern how the lease can be terminated.
How you can terminate the lease for ALL based on the actions of TWO when the actions were 1) not on University property and 2) not on the leased property in question are definite grounds for suit.
Whatever Dr. Boren did to the two students is one thing, but to punish the entire fraternity without due process is an overreach, unfair and unlawful. .