The university’s Office of Judicial Affairs has determined a university bondage and sadomasochism group is guilty of assault — a violation of both university student disciplinary regulations and Iowa law.

Despite evidence and testimony given in the group’s support at a hearing March 1 into allegations of assault charges, Iowa State’s BDSM club, Cuffs, will undergo conduct probation — one of three possible disciplinary actions the university could impose.

According to Student Disciplinary Regulations section 5.6.3, conduct probation requires a period of review where the organization must demonstrate an ability to adhere to university rules and other requirements stipulated for the probation period.

“The conduct probation is in effect immediately and extends into the final days of classes in fall semester 2004,” said Bethany Schuttinga, director of Judicial Affairs. “The organization is free to meet and discuss common interests in BDSM, fetishes and other expressions as safe, consensual and non-exploitative human sexuality, as it has described its purpose on the registration form on file in the University Student Activity Office.”

Under university regulations, the Office of Judicial Affairs Administrator can also impose reasonable limitations on activity, which the university has done to limit Cuffs demonstrations. Cuffs must operate as an educational and discussion group only.

“The organization is restricted from performing demonstrations, sponsoring events and organizing social activities that violate university student disciplinary regulations, federal, state or local law,” Schuttinga said.

However, she said the group is allowed to lobby the Legislature and Iowa courts to change the definition of assault under Iowa Code, which was used to file charges against Cuffs.

“Until the law is changed, the university cannot allow the organization to commit criminal acts, such as assault, in meetings or at any activity sponsored by the organization,” Schuttinga said.

Yet, the university and Cuffs have not released the decision made by the Office of Judicial Affairs, which gives the university’s rationale behind its decision. Under Section 8 of University Student Disciplinary Regulations, the university cannot comment on the judicial status of a case or release records without permission from the organization — permission Cuffs has yet to give.

“If we authorize the decision to be released, that would mean the entire wording of the decision would be disclosed and the entire wording has a lot in there [Cuffs] needs to look at before it makes a decision,” said Cuffs President Harlan “Duane” Long Jr. “For instance, there are quotes and information provided in there from the hearing that someone might want kept private. People’s privacy needs to be protected.”

He said he would inform group members of the decision at Cuffs’ Monday night meeting and allow them to provide input into whether the decision should be released to the pubic — a decision he said would be made by the organization’s executive committee in a closed meeting.

Despite not revealing the entire decision, Long said the university found Cuffs guilty of assault during a Nov. 10 meeting where Long flogged a clothed, voluntary member as part of a demonstration. The university determined there was an intent to cause pain — an intent Long, Cuffs and the member who was struck said was not present.

“I am really disappointed the university came to this decision, because the university had all the information it needed to come to the right conclusion, which was we were not responsible,” Long said.

Being unable to perform demonstrations will diminish Cuffs’ ability to protect the safety of its members, Long said.

“We can’t guarantee our member’s safety as long as we can’t demonstrate proper technique,” he said. “We can talk about them and refer them to readings, but a book will never replace live demonstration and supervision.”

Long said the decision will also have broad effects on the BDSM community.

“It serves as a step backward in getting BDSM accepted in society,” he said. “Iowa State had the opportunity to be progressive and be forward looking in recognizing BDSM as a valid lifestyle. Unfortunately, they didn’t take advantage of the opportunity, and the decision reinforces stereotypes of the BDSM community.”

Long said the decision by the university is unreasonable.

Cuffs can appeal the decision to Dean of Students Pete Englin, yet, Long said the group needs to discuss amongst itself and confer with legal counsel to see what its next step will be.