A student bondage and sadomasochism group has been charged with assault by the university, following a two-month investigation into possible violations of student disciplinary regulations during a demonstration.

The university’s Office of Judicial Affairs charged the campus BDSM group Cuffs with assault in violation of Student Conduct Code and Iowa law in a letter given to the group’s president, Harlan “Duane” Long Jr., Monday in a meeting with the Director of Judicial Affairs, Bethany Schuttinga.

In the letter, Schuttinga stated she found the following in her investigation:

“Cuffs leadership planned and implemented a demonstration at a scheduled Cuffs meeting involving the striking of another person(s) with a whip, belt, flogger, paddle, cane and hand with the intention of causing pain to that person. The striking of another person with the intent to cause pain is an assault under the Student Disciplinary Regulation and under Iowa Code Section 708.1.”

Schuttinga said the student conduct violations have been judged to be minor cases in nature and will be adjudicated in an administrative hearing she will administer.

If found responsible for violations, Cuffs could face one of three possible disciplinary sanctions. The group could receive a disciplinary reprimand, which would result in an official warning followed by the written notice to the student organization that it is in violation of university rules and regulations.

The group could also be placed under Conduct Probation, where the student organization must demonstrate the ability to comply with university rules, regulations and other requirements. The Office of Judicial Affairs may impose limitations on activities or access to university facilities for a period of up to five months.

A deferred suspension could also be placed on the group. Under suspension, a student may be disqualified from serving as an officer of a student organization, and reasonable limitations on activity and access to the group could also be implemented.

The interim suspension put on the group has been lifted. However, Schuttinga advised Long from performing physical demonstrations at any meetings, because further demonstrations may result in additional charges.

Schuttinga said despite the charges, Cuffs is still recognized as a student group on campus.

She said case law, including a legal opinion submitted to her by Keith Bystrom, associate counsel to university legal counsel, contributed to her decision.

In State of Iowa v. Edward Collier, the court ruled sadomasochistic activities were not exempt from Iowa’s assault laws even though S&M activities can be argued to be consensual.

Under Iowa law, sports, social or other activities are not assault because they do not create an unreasonable risk of serious injury or breach of the peace.

Bystrom said Iowa State had the legal right to charge Cuffs with assault because the law’s definition of assault is an act intended to cause injury or pain or place another person in fear.

Although Cuffs has been charged by the university, Schuttinga said they have not been criminally charged.

“[The Office of Judicial Affairs] still cares about Cuffs, and this is not meant to be an adversarial issue between us and Cuffs. We have desired to recognize them, but we need to look at what our organizations are doing on campus and see whether they are complying with student regulations and Iowa law,” she said.

Long said he was disappointed with the outcome of the investigation and its findings.

“I don’t believe the assault laws should be used against consensual BDSM activities. To use it in that way is inappropriate,” he said.

“While there is a legal precedent, the ability to use assault laws in this way is because of ambiguity combined with negative beliefs about the BDSM community, and this needs to be changed.”