Updated at 1:07 a.m. CST Dec. 17

When the Board of Regents unanimously decided against hearing an appeal by Cuffs, an ISU student organization, it was the latest in a long list of rejections for the group’s president, Duane Long.

In its efforts to teach the ISU community about safe sadism and masochism, the group has spent more than a year against what it calls an unreasonable restriction of its First Amendment rights.

Cuffs was investigated by the Office of Judicial Affairs after a Nov. 10, 2003, meeting during which Long, undeclared graduate student, flogged a clothed volunteer to demonstrate how to properly and safely perform BDSM.

The individual Long allegedly assaulted signed written testimony stating she volunteered, received no marks or injuries and, thus, was not assaulted. Long also said that is was not his intent to cause pain, but to show safe techniques using the most minimal amount of force.

In early 2004, though, Director of Judicial Affairs Bethany Schuttinga found Cuffs responsible for assault violations and imposed a sanction on group demonstrations. Group members appealed to Dean of Students Pete Englin, who upheld the original decision and further appealed to ISU President Gregory Geoffroy. Geoffroy declined to review the case and recommended to the regents they deny request for an appeal.

The regents met in closed, executive session after discussion with the board’s legal staff, which recommended the appeal’s denial, and supported Iowa State’s judicial decision.

“We as a board rarely overturn a university’s decision, because they usually follow procedures and make the right decision,” said student Regent Jenny Rokes, junior at the University of Northern Iowa. “They [Iowa State] followed procedure; that’s what our lawyers said. There was really no question with it.”

Iowa City Regent Bob Downer said he denied the appeal because the demonstration was inappropriate.

“It violates policy, and I support the recommendation,” Downer said.

Long said he wasn’t surprised by the reaction.

“Initially, I was hopeful. I hoped the Board of Regents would be willing to hear us directly, but when I realized they would hear from their office first, I knew there was no hope,” he said.

“This entire process involved a body that doesn’t meet with Cuffs members, provides a recommendation that was then endorsed administrative bodies who don’t have a clear understanding of BDSM.”

Long said he is referring to the way ISU administrators didn’t question decisions made by previous administrators or make attempts to talk with group members to come to a clear understanding of bondage, sadism and masochism.

“Keith Bystrom [associate university counsel] made a legal opinion and gave it to Bethany Schuttinga. I don’t think there was anything we could have said to Bethany that would have changed her mind,” he said. “I’m disturbed by the deferral to the opinions of people that never spoke with those involved.”

ISU officials, including Bystrom, argue the demonstration was assault based on an Iowa Court of Appeals case — State of Iowa v. Edward Collier — that ruled that BDSM activities are not exempt from Iowa’s assault statute.

The appeal was the last for chance for Cuffs to get the decision overturned, with the denial spelling the end of the road for the group within the university system. However, Long said the group is not going to give up the fight.

The group has been gathering legal advice and support from the National Coalition for Sexual Freedom as it prepares to take their case before to court.

“I think we would have much better chances once we force their lawyers to talk to another lawyer,” Long said, adding that the Collier ruling should not hurt their efforts in court.

“As far the Collier ruling is concerned, it says very specifically that the ‘meaning of the assault statute be determined on a case-by-case basis,'” he said. “Courts are right to say that consent is not a cover-all, but because there was no injury of any kind, the criterion of intent becomes the most important one, and it’s clear that that intent was not there.”