LETTER: Cuffs didn’t violate Iowa Code
February 19, 2004
In the Feb. 17 article, “Cuffs charged with violation of code,” Schuttinga stated, “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”
My coworker pointed out that she misquoted the Iowa Code Section 708.1.
According to Section 708.1 assault is defined as the following:
“A person commits an assault when, without justification, the person does the following:
Any act which is intended to cause pain or injury to, or which is intended to result in physical contact which will be insulting or offensive to another, coupled with the ability to execute the act.”
I’m not aware of any complaints of the club being insulting or offensive to another.
Another part of the same section states that as long as the activity “does not create an unreasonable risk of serious injury or breach of the peace, the act shall not be an assault.”
So, according to the Iowa Code, the Cuffs incident was not an assault. Schuttinga must have based her decision on the Student Disciplinary Regulation.
Otherwise, she does not have any valid charges against Cuffs.
Alie Gomez
Senior
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