No-Contact Order Policy
|Vice President of Administration and Chief Operating Officer|
|Director of Safety and Security|
|Safety and Security|
|Stay-away order, Sexual Violence, Sexual Assault, Enough is Enough|
This policy is consistent with Article 129-B, “Enough is Enough”.
No-contact orders (NCO), otherwise referred to as “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 employee, 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 non-verbal.
These orders may also be used as an ongoing remedy after adjudication of such allegations. Students and employees can also request off-campus intervention through a Court Order of Protection, where applicable.
Petitioner: The person bringing the action against another.
Respondent: The accused person.
Covered Person: A covered person may be a respondent or petitioner.
Order of Protection: An order of protection is issued by a Court in an attempt to limit the behavior of someone who harms or threatens to harm another person. Family Courts, Criminal Courts, County Courts and Supreme Courts may issue orders of protection.
A no-contact order (NCO) may be imposed as a possible preventative measure by the director of safety and security, Title IX coordinator, or the student conduct administrator 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 non-verbal.
- A student 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 college community. The NCO may also be imposed during the course of an investigation or as a possible resolution following a complaint. Upon imposition of a NCO, any contact will demonstrate a violation of the NCO and may result in further administrative action (or criminal action, if applicable). If the petitioner/reporting person and respondent/accused observe each other in a public place, it shall be the responsibility of the respondent/accused to leave the area immediately and without contacting the petitioner/reporting person.
The duration of a NCO is determined by the director of safety & security, Title IX coordinator, or the student conduct administrator. Although College imposed NCOs may provide a petitioner/reporting person with a sense of security, it is important the reporting person maintain vigilance as it relates to their surroundings. Unlike Court Orders of Protection, College issued NCOs are not punishable by arrest, conviction, or incarceration. Rather, they are used for college administrative purposes only. Neither college NCOs or Court Orders of Protection guarantee the safety of the parties involved.
Forms of prohibited contact may include but are not limited to the following:
- In-person contact
- Phone calls
- In writing
- Text messaging
- Social media sources (to include Facebook, Twitter, etc.)
- Any 3rd party communication.
The College will make every effort to facilitate a schedule for the covered persons to access applicable College buildings or properties at different times.
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 director of safety & security.
Both the petitioner and respondent may request a prompt review, reasonable under the circumstances, of the terms of each NCO issued by the College and may submit supporting information regarding a modification. A request for review regarding a student NCO must be in writing and sent to the Vice Provost for Student Success. Requests must be received within seven (7) calendar days of the imposition of the NCO.
Although NCOs are not issued to employees, SUNY ESC retains the authority to place an employee respondent on administrative leave during the review of alleged violations by employees, which, if the conduct was committed by a student, would result in a NCO, consistent with applicable collective bargaining agreements, employee handbooks and Empire State College policies and rules.
No-Contact Order Letter Content:
When the College determines that a NCO is an appropriate interim measure or ongoing remedy, a copy will be mailed to the respondent and petitioner. NCO’s shall include the following:
- The reason the NCO was issued.
- An explanation of the NCO limitations.
- Information will be specific and include the types of prohibited communication; the distance the respondent must stay away from the petitioner/reporting person; and the specific expiration of the NCO.
- 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 the covered persons, as necessary.
The College will create a schedule that offers the petitioner and respondent separate times to enter College buildings, if applicable.