The National Coalition for Sexual Freedom sent a letter to the Office of Judicial Affairs last week asking for charges against ISU bondage and sadomasochism group Cuffs to be dropped.

National Coalition for Sexual Freedom founder Susan Wright said S&M is not assault and does not involve unwanted, offensive or fearful activities.

Keith Bystrom, associate counsel to the university, said Iowa State can investigate incidents without someone filing a complaint because it has the responsibility to make sure all student organizations are following Iowa law.

Bystrom said that under Iowa Code, a demonstration at a November Cuffs meeting was assault because Long was striking someone with the intent to cause pain. However, BDSM supporters said it was not assault and should fall under an exemption to the law, because Cuffs workshops are voluntary and therefore by definition cannot be criminal.

The member who was struck did not complain to the university or to ISU or Ames Police, according to police records.

Harlan “Duane” Long Jr., president of Cuffs, said the member he demonstrated on was offended to learn Iowa State says she was assaulted.

“She told me numerous times that she wasn’t assaulted,” Long said. “It was consensual. She volunteered, and I let her know what was going to happen, and she said she was OK with that.”

The Iowa Court of Appeals ruled in State of Iowa v. Edward Collier that BDSM activities aren’t exempt.

The case involved Edward Collier, who employed Leanne Steele as a call girl. According to court documents, Collier beat Steele when she didn’t return with money after an all-day encounter with a customer. Collier defended the beating by describing it as a sadomasochistic activity in which Steele voluntarily participated, and that it was a social activity that is exempt under Iowa law.

The court ruled against Collier and said the Legislature didn’t intend sadomasochistic activity to be a social activity. It did not define sadomasochistic activity.

“Case law in Iowa does not explicitly define S&M activities as crime or assault; they’re simply not offered any protection under the law,” Wright said. “The current controversy over Cuffs has arisen simply because S&M involves sexual behavior.”

Bystrom said the university is obligated to comply with the court ruling.

“It’s a good interpretation until the Iowa Supreme Court or Legislature says otherwise,” he said. “All we’re telling them is they can’t violate Iowa law at their meetings, just like any other student organization.”

Long and Wright said they believe the university wrongly applied the case because it isn’t representative of Cuff’s situation.

“We’re not saying the cases are the same, but the principle of the law is the same,” Bystrom said.

The university has not filed criminal charges and ruled the case minor, meaning any disciplinary action would be sanctions to limit group activity.

The university still recognizes Cuffs as a student organization and has lifted its interim suspension.