Sigma Alpha Epsilon's (SAE) Kappa chapter may be preparing to sue the University of Oklahoma's (OU) for kicking them off campus and forcing the house's residents to move out.

According to the Associated Press, alumni board members of the OU SAE chapter have retained attorney Stephen Jones for representation. The Kappa chapter has also apparently declined to communicate their movements to the SAE national office.

"Obviously there are issues about First Amendment rights, due process and real estate issues, but we're still gathering documents," Jones told the AP.

The attorney pointed out that he is not representing the two students OU President David Boren expelled from the school for leading in the racist chant. He also said he is undecided on whether or not to represent OU SAE members who are being investigated for possible punishment.

Jones became a nationally recognized attorney for representing Timothy McVeigh, the man convicted in the Oklahoma City bombings case, the AP noted. Jones also once ran against Boren for a U.S. Senate seat and lost, NBC News reported.

In a statement they have been periodically updating as new information develops, the SAE national office said they are not retaining legal representation. The fraternity emphasized that the OU Kappa chapter alumni are acting on their own.

Boren made a swift and decisive punishment after a video surfaced Sunday night of OU SAE members chanting, "there will never be a n----- at SAE." He has received mostly praise for his response which included an impromptu statement within hours of the video being posted, a press conference the next day and his participation in student-organized demonstrations.

But this impending lawsuit is the first form of resistance Boren's swift justice is facing. ABC affiliate KTUL reported the decision to hire Jones came after "an emergency meeting" attended by Kappa SAE members and alumni. They have not filed a lawsuit at this time, but are considering it as an option.

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