Scope
This policy applies to all matriculated undergraduate and graduate students at SUNY Geneseo.
Policy Statement
In response to the U.S. Department of Education’s Final Rule under Title IX of the Education Amendments of 1972 on May 19, 2020, SUNY Geneseo aims to provide a directive about No Contact Orders, to specify the situations in which the college will issue No Contact Orders, and to identify College personnel responsible for issuing No Contact Orders.
The Title IX Final Rules and their Preamble permit institutions to apply “one-way” and “mutual” No Contact Orders to the parties to a Title IX sexual harassment investigation, provided that the No Contact Order does not unreasonably burden the other party. See, 85 Fed. Reg. 30026, 30184 (May 19, 2020).
A one-way order only restricts one party (generally, the responder), while a mutual order prohibits either party from contacting the other. In matters alleging sexual harassment, the Dean of Students, the Title IX Coordinator, or their assigned designee retain sole discretion to issue a “one-way” or “mutual” No Contact Order. The decision to apply either type of restriction is fact specific.
Definitions
Policy
The issuance of a No Contact Order is not a disciplinary sanction, but an administrative action to minimize and/or eliminate potential harmful contact or communication. No determination regarding responsibility should be inferred from the issuance of this order.
The issuance of a No Contact Order may be issued by:
- The Dean of Students or an assigned designee for matters pertaining to the Code of Conduct; and
- The Title IX Coordinator or an assigned designee for matters pertaining to the Title IX Grievance Policy and/or Sexual Violence Response Policy.
A No Contact Order will be issued when a reasonable concern exists that physical or psychological harm may result from contact between designated student(s). The Dean of Students, Title IX Coordinator, and/or their assigned designee shall consider all facts and circumstances that may be relevant to whether a No Contact Order should be issued, including, but not limited to, the following factors:
- Allegations, threats, or evidence of physical violence by one student against another student;
- Allegations, threats, or evidence of emotional abuse or harassment by one student of another student;
- A substantial risk of emotional harm from continued contact between students;
- Continued contact between students may have a material impact on campus disciplinary proceedings;
- When a student(s) is disrupting the community (academic, residential, employment, neighborhood); or
- When there are allegations of serious University policy violations.
Language of the No Contact Order
All No Contact Orders shall expressly state the following:
- The issuance of a No Contact Order is administrative and not a punitive nor disciplinary action;
- The contact that is covered by the No Contact Order;
- The location(s) covered by the No Contact Order;
- The duration of the No Contact Order;
- Possible disciplinary action if the No Contact Order is violated; and
- The appellate process to remove or modify the No Contact Order.
Appellate Process
A student has the right to request that a No Contact Order be removed or modified. The Vice President of Student and Campus Life or their designee is responsible for determining appeals. The student must submit their written appeal within three (3) business days of being notified of the issuance of the No Contact Order. All appeals must be directed via email to the Vice President of Student and Campus Life.
Violation of the No Contact Order
A violation of a No Contact Order may subject a student to disciplinary action under the Student Code of Conduct. The Office of the Dean of Students is responsible for addressing any alleged violations of a No Contact Order.
Review
The Dean of Students and the Title IX Coordinator will review all No Contact Orders annually. Each No Contact Order will remain in effect until the graduation or withdrawal of at least one of the parties, unless the No Contact Order expressly provides otherwise or is modified or rescinded by the college. A student seeking the modification or rescission of a No Contact Order shall do so by making a formal request in writing to the Vice President of Student and Campus Life. The Vice President of Student and Campus Life shall consult with both parties before determining whether or not to modify or rescind the No Contact Order.
Frequency of Review and Update
Every 2 years.
Approval
Date of Approval