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No Contact Order FAQs

No Contact Order: FAQs

Please note that the responses apply to both permanent and temporary No Contact Orders (NCOs). However, each NOC will be reviewed on a case-by-case basis and determinations for the type of NCO (permanent or temporary) will be evaluated by University Public Safety, the Title IX Coordinator, and where relevant, the Campus Human Resources Officer. 

What is a No Contact Order?

  • The intended purpose of a NCO is to stop, remedy, and prevent any further conflicts from developing as a result of the interaction between one or more parties.
  • A NCO is a support measure that can be utilized when an individual files a complaint against another individual.
  • The NCO is designed to facilitate a cooling-off period, is not a disciplinary action, and is reflective of Minnesota State Board of Trustees approach to supportive measures provided by Title IX as well as an effective way to uphold nonretaliation.
  • All parties named in a NCO receive the same information that outlines the expectations associated with upholding a NCO.
  • This can include but is not limited to informing your supervisor, advisor, coach, residence life assistant, or faculty that a NCO has been issued.
  • NCOs are not legally binding and violating an NCO will not result is legal action, however, knowingly violating a NCO could result in the violation of University policy. For example, violating a NCO by harassing the other party could violate our 1B.1 Nondiscrimination in Employment and Education policy. Or dependent on the type of harassment, could be in violation of the 1B.3 Sexual Violence policy.

Do you have to file a formal complaint to have a NCO issued?

  • No.
  • However, dependent upon the type of issue that is occurring, the University can make the determination to file a complaint and document the incident(s).

Who issues a NCO?

  • University Public Safety will issue a NCO.
  • University Public Safety works with the Title IX Coordinator, Campus Human Resources Officer, and Director of Student Conduct to formulate the NCO or provide contextual information related to the issuing of the NCO.
  • University Public Safety reserves the right to recommend other supportive measures and deny the use of an NCO.

What happens if a NCO is violated?

  • If a NCO is violated by the parities identified in the NCO, the NCO may be rewritten to reflect the need for new parameters to govern the interactions of the parities named in the NCO.
  • For example, if one party continues to knowingly violated the NCO, the NCO may be rewritten to address that individual's continued violation of the order.

What is the purpose of a NCO?

  • The intended purpose of the NCO is to attempt to forestall or reduce opportunities for two or more parties to interact with one another.
  • It’s also identified as a supportive measure that is utilized for Equal Opportunity and Nondiscrimination andTitle IX related incidents.

What types of incidents are NCOs issued for?

  • NCOs can be issued for Title IX related incidents such as sexual harassment, general harassment, discrimination, or sexual assault and other Clery related crimes.
  • NCOs can be issued for Student Conduct related matters such as physical assault, vandalism, or other disruptive behavior.
  • Please note that the Marshall Police Department, New Horizons Crisis Center, or WoMen's Rural Advocacy Program may be notified where incidents of domestic violence, intimate partner violence, sexual violence, crimes, or where other forms of general violence occur, and where a legally binding restraining order may be necessary to prevent further incidents from occurring.

What is expected of me when I student in my course has an NCO?

  • If a student approaches you to share information about an NCO, we encourage you to hear what the student has chosen to share with you and than them for doing so.
  • It is not your responsibility to contact the other individual(s) identified in the NCO. 
  • We courage all individuals to contact University Public Safety for support or to work with the Title IX Coordinator to devise a plan that best supports the needs of your students. 

What is not my responsibility as it pertains to a NCO?

  • It is not the responsibility of employees or other students to issue discipline if they witness a violation of a NCO. However, it is important that those you witness a violation, including the individuals named in the NCO, that they contact University Public Safety, and allow for that office to address the issues that have developed. 
  • We encourage all individuals to contact University Public Safety for support or to work with the Title IX Coordinator to devise a plan that best supports the needs of your students and your work with them. 

Are students responsible for sharing the NCO information with their faculty, coaches or others that supervise them?

  • Yes.
  • Each individual named in the NCO meets with University Public Safety to review the NCO, is provided a copy of the NCO, and dependent upon the incident, receives follow up communication from the Title IX Coordinator.
  • Sharing information about the NCO is especially relevant when the individuals named in the NCO have spaces such as classrooms, athletic teams, campus work spaces, or club spaces, etc. that they share.
  • We encourage all individuals to contact University Public Safety for support or to work with the Title IX Coordinator to devise a plan that best supports the needs of your students and your work with them.

Can students with a NCO be in the same course?

  • Yes.
  • We encourage all individuals to contact University Public Safety for support or to work with the Title IX Coordinator to devise a plan that best supports the needs of your students and your work with them.

Can students with a NCO be in the same club, etc.?

  • Yes. 
  • We encourage all individuals to contact University Public Safety for support or to work with the Title IX Coordinator to devise a plan that best supports the needs of your students and your work with them.

Can students with a NCO attend the same events?

  • Yes. 
  • We encourage all individuals to contact University Public Safety for support or to work with the Title IX Coordinator to devise a plan that best supports the needs of your students and your work with them.

Can one or more students participate on the same athletic team or extracurricular activities when an NCO is issued?

  • Yes.
  • These situations are assessed on a case by case basis to develop strategies to meet the needs of students involved in athletics and extracurricular actives. 
  • We encourage all individuals to contact University Public Safety for support or to work with the Title IX Coordinator to devise a plan that best supports the needs of your students and your work with them.

 

 

Last Modified: 12/10/24 10:06 AM | Website Feedback