OIT - Knowledge Base
Student Achievement Services
University Policy Repository
Effective Date: November 11, 2020
No Contact Orders
The Dean of Students, Chief Human Resources Officer, Title IX Coordinator, or designees may issue a No Contact Order (NCO) requiring a student to refrain from avoidable direct or indirect contact or other interaction with one or more other members of the campus community. This may occur, among other circumstances, when the Disciplinary Officer or designee determines that such restrictions are advisable to protect the physical or emotional safety or well-being of specific members of the campus community and/or the orderly functioning of campus operations. Students are expected to comply with NCOs in accordance with the Code of Student Conduct, which provides that “Failure to comply with instructions of administrative officials, including resident advisers, who have duly identified themselves.”
The issuance of a NCO is not a disciplinary action and does not appear on academic, employment, or disciplinary records, unless the individual subsequently violates the NCO. A NCO is designed to provide a measure of relief for an individual who wishes to maintain distance from another individual. A NCO cannot guarantee that the individuals will not encounter one another on campus, but it does establish parameters for those encounters in terms of distance and communication. The parties are each afforded the opportunity for a prompt review of the need for interim or accommodative measures, including the potential modification of these measures. The parties are each allowed to submit evidence in support of, or in opposition to, the request. The University reserves the right to obtain evidence independent of the parties. If a NCO is in place, any alleged violations of the NCO are investigated. In the event a violation is substantiated, further restrictions may be imposed and/or disciplinary action may be warranted.
The University will consider all facts and circumstances that may be relevant to whether an NCO should be issued, including, but not limited to, the following factors:
- When there are allegations, threats, or evidence of physical violence by one person against another;
- When there are allegations, threats, or evidence of emotional abuse or harassment by one person of another;
- When there is a substantial risk of emotional harm from continued contact between persons;
- When continued contact between persons may have a material impact on campus disciplinary proceedings; and
- When there are allegations of serious University policy violations.
“Contact” includes, but is not necessarily limited to, in-person contact, telephone calls, email, texts and other forms of electronic communication, social media-based messages or postings, and third party communications including through proxies.
NCOs may include additional protective measures or other terms specific to the safety, well-being, or other needs of either or both parties subject to the NCO, when deemed necessary by the University. Any additional terms shall be expressly stated in the NCO. Additional protective measures or other terms need not be reciprocal. They may include, but are not limited to, the following:
- Restricting an individual from being in close proximity to the other individual;
- Restricting or limiting an individual's access to certain campus locations or events, including, but not limited to, specific residential, academic, dining, co-curricular or extra-curricular, and/or work spaces;
- Requiring that the individuals not be enrolled in the same academic course(s); and
- Restricting contact at non-University owned locations or sponsored events.
The University may review all NCOs annually. Each NCO will remain in effect until the graduation or withdrawal or termination of employment of at least one of the parties, unless the NCO expressly provides otherwise or is modified or rescinded by the University. A student seeking the modification or rescission of an NCO shall make the request to the administrator who issued the NCO. The issuing administrator shall consult with both parties before determining whether or not to modify or rescind the NCO.
Violations of NCO are subject to discipline under the Code of Student Conduct , Operations Manual, or the retaliation provisions of the Equal Opportunity, Harassment, and Nondiscrimination Policy, as appropriate.
Individuals who have interpersonal conflicts that do not raise concerns for individual health and safety will not be granted NCOs. These individuals should pursue other forms of conflict resolution offered through the appropriate administrative office.