No-Contact Order Policy

No-Contact Order Policy

Sponsor:

Title IX Coordinator

Contact:

Title IX Coordinator

Category:

Collegewide Policies

Number:

100.019

Effective Date:

06/12/2017

Review Date:

06/12/2019

Implementation History:

June 12, 2017

Keywords:

“Stay-away order”, Sexual Violence, Sexual Assault, Enough is Enough

Background Information:

This policy is consistent with Article 129-B, “Enough is Enough”.

Purpose

No-contact orders (NCO), otherwise referred to as a “stay away” orders, are used by the college as an interim measure to protect student victim/survivors upon the report of harassment or sexual violence, including sexual assault, dating violence, domestic violence and/or stalking. The NCO may also be used when conduct threatens or endangers the mental health, physical health or safety of any student, or causes actual harm including:

  • physical harm or threat of physical harm such as physical abuse, coercion, harassment and intimidations, whether physical, verbal (oral or written) or nonverbal.

These orders may also be used as in ongoing remedy after adjudication of such allegations. Students can also request off-campus intervention through an Order of Protection, depending on the incident.

Definitions

Covered Person: Person subject to the no contact order. A covered person may be a respondent or accused or a third party who is the subject of a no contact order. In certain cases, a reporting individual under this law may be a covered person under a no contact order.

Protected Person: Person filing the “No-Contact Order”.

Order of Protection: An order of protection is issued by the court to limit the behavior of someone who harms or threatens to harm another person. Family Courts, criminal courts, and Supreme Courts can all issue orders of protection.

Statements

A no-contact order (NCO) may be imposed as a preventative measure, by the director of campus safety and security, Title IX coordinator, or the director of collegewide student affairs. when in receipt of an alleged report regarding harassment or sexual violence, to include dating violence, domestic violence, and/or stalking or when conduct threatens or endangers the mental health, physical health or safety of any person or persons, or causes actual harm, including:

  • physical harm or threat of physical harm such as physical abuse, coercion, harassment and intimidations, whether physical, verbal (oral or written) or nonverbal.

A student/employee requesting a NCO does not have to file formal charges. The NCO can be issued if there is reason to believe the order will be in the best interest of all parties and the community for promoting a sense of safety and security. The NCO may also be imposed during the course of an investigation or as a resolution following a complaint. Upon imposition of a NCO any contact at any time, will demonstrate a violation of the no-contact order and may also result in further administrative action. Continued intentional contact with the reporting individual is a violation of college policy and subject to additional conduct charges; if the covered person and a reporting individual observe each other in a public place, it shall be the responsibility of the covered person to leave the area immediately and without directly contacting the reporting individuals

The duration of a NCO is determined by the Title IX coordinator, the director of college wide student affairs, and director of campus safety and security. College imposed NCOs provide a student/employee with peace of mind that intentional contact will not be made and incidental contact will be terminated once identified. College issued NCO’s differ from court imposed Orders of Protection and do not guarantee that designated parties will avoid sightings or passing interactions at the college or local community.

Forms of prohibited contact may include but are not limited to the following:

  • In-person
  • Stalking
  • Cyber-stalking
  • Phone calls
  • In writing
  • Email
  • Text messaging
  • Social media sources (to include Facebook, Twitter, etc.)
  • Any 3rd party communication.

The college may establish an appropriate schedule for the covered person to access applicable college buildings and property at a time when the reporting individual is not accessing such buildings and property.

Applicable Legislation and Regulations

Sexual Violence Prevention and Response Policies

Student Conduct Policy and Procedures

New York State Education Law Article 129-B

Related References, Policies, Procedures, Forms and Appendices

How to Obtain a No-Contact Order

A NCO can be obtained by contacting the Title IX coordinator, the director of college wide student affairs or the director of campus safety and security. NCO’s may be requested by either victim/survivor or the alleged perpetrator. Both the covered and protected individuals under no contact orders may request a prompt review, reasonable under the circumstances, of the need for, and terms of, such orders by the institution and may submit information as to their reasoning for requesting a change.

The request for review must be received in writing to the Title IX coordinator, 325 Hudson Street, New York, NY 10013-1005, within 2 calendar days of the imposition of the NCO. Requests for re-review may be submitted in the same manner. Re-reviews occur if deemed necessary by the Title IX coordinator, director of campus safety and security and director of college wide student affairs.

No-Contact Order Letter Content

When the college determines that a NCO is an appropriate interim measure or ongoing remedy it will be placed in writing. NCO’s may include the following:

  • A letter from the director of campus safety and security, Title IX coordinator or the director of college wide student affairs to the parties involved, and prepared on a case-by-case basis
  • The reason for the NCO
  • An explanation of the NCO  limitations
  • Information will be specific and include the types of prohibited communication; the distance the alleged perpetrator must stay away from the victim; and the general time period for enforcement.
  • The process of reporting violations, as well as the potential consequences for violating the order.
  • Identify additional resources, such as local and state police or other outside community organizations to help victims/survivors who are concerned for their personal safety.

A schedule of times the covered person may access certain college buildings or property if such a schedule is necessary to avoid the protected person.

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