After a recent appeal failed to reverse the guilty verdict in their assault case, members of the bondage and sadomasochism group Cuffs say the university’s decision could have a “chilling effect” on the rights of college students across the nation. They say they won’t let that happen.

Cuffs members plan to appeal the case to a higher authority.

Dean of Students Pete Englin made his decision Friday upholding a previous ruling finding the bondage and sadomasochism group guilty of assault in violation of Iowa law and university regulations. Englin also upheld the rulings provision for a restriction on the group’s ability to perform BDSM demonstrations.

Cuffs appealed the original decision made by Director of Judicial Affairs Bethany Schuttinga to the Dean of Students, arguing Schuttinga and the university based their findings on “misinterpretation of erroneous case precedent and incorrect use of Iowa law.” The group’s president, Harlan “Duane” Long Jr., said Cuffs will continue the argument with a further appeal in the university judicial process.

According to University Student Disciplinary Regulations, the case will go before the Vice President for Student Affairs for consideration, who will act on behalf of ISU President Gregory Geoffroy.

“We strongly believe we’re right, and the university has laid out the appeals process, so we’re just following the procedure laid out before us,” Long said. “We’ll take this as far as we have to.”

Englin wrote the appeal raises concerns of whether there was substantial evidence to find the demonstration was intended to cause pain and whether Cuffs is being discriminated against, since sports clubs on campus involved with physical activity that cause pain are exempted from Iowa Assault law.

“It is my determination that when a person hits someone with a flogger, hand, cane or paddle, it meets the definition of assault as is done with the intent to cause ‘pain,'” Englin wrote.

“Whether you find that ‘pain’ pleasant and prefer to call it a sensation is not a defense to the charge of assault under the Iowa Code or the ISU Student Disciplinary Regulations.”

Long said he disagrees with that interpretation.

“There can be all kinds of intents,” he said. “It’s a clear-cut example of a perfectly reasonable activity between two consenting adults.”

Englin defended the university’s stance on its use of the law.

“ISU should follow the same interpretation of assault under Iowa law … Our regulations cannot grant an exception to the Iowa Code that does not already exist,” he wrote.

Susan Wright is the spokeswoman for the National Coalition for Sexual Freedom, whose organization has been helping Cuffs.

“We can’t just let the university misinterpret case law like this. There was no issue of assault,” Wright said. “We don’t want this to have a chilling effect on the other universities.”

She said the university’s actions will only serve to fuel stereotypes and misconceptions about consensual BDSM.

Long said his group’s battle is not just for its members.

“This is not just a group of petulant college students unhappy with not getting everything they wanted,” he said.

“This truly is an important movement for thousands across the nation who have had their freedom and livelihood threatened just because of who they are.”

However, there are those who favor the university’s decision, such as Chuck Hurley, president of the Iowa Family Policy Center.

“I applaud the university following through in two areas. One is the common respect issue. It’s not respectful to get our kicks out of beating people. The second is not being timid in the face of political correctness,” Hurley said. “I’m glad to see the university has some standards of decency.”