What is a No-Contact Order?
What is a No-Contact Order?
A no-contact order issued by an educational institution prohibits a person from being in physical, verbal, or electronic contact with another person, whether that is face-to-face or over the phone/internet. This type of order can be enacted whether or not an informal or formal Title IX complaint has been filed.
In the Title IX context, a no-contact order is often issued by the university or college as an initial action when the accuser discloses a potential complaint for sexual misconduct. The no-contact order can be mutually imposed on both parties, or may only prohibit the accused from being anywhere near the accuser. Restrictions can include classrooms, dormitories, the library, gym, or dining hall.
A no-contact order also prohibits electronic contact such as emails, texts, being in the same chat groups, or other social media contact. Contact through third parties is also forbidden. Your school’s Title IX coordinator can provide you with additional information about a no-contact order.
Violation of a no-contact order can lead to suspension or expulsion from school.
To obtain a no-contact order, the accuser will typically meet with the Title IX coordinator. The Title IX coordinator will review the relevant information with the requesting party, including the following details:
- Contact restrictions — direct or indirect — including through third parties and social media;
- Card access restrictions;
- Whether there are any existing space/schedule overlaps, for example housing, classes, extracurriculars, etc.; and
- If overlaps exist, discuss other accommodations related to housing, class changes, etc.
Once the college issues a no-contact order, the Title IX coordinator or other officials will meet with the accused student to explain the order and obtain the accused student’s signature. The order may be modified by, for example, permitting the accused student to remain in the same class as the accuser but arranging for seating location and group work to avoid any interactions.
An accused student may petition the college to lift a no-contact order by showing unreasonable hardship or that it is no longer necessary.
A no-contact order is a serious and emotional matter. If you or your child are told they will be subject to a no-contact order, it is important that you have experienced Title IX counsel to advise you and help you negotiate the terms.
Our attorneys are Title IX defense specialists and we have helped hundreds of accused students across the country who have been treated unfairly by their schools. Call us at 212-736-4500 or contact us as soon as a complaint is filed and we will be there aggressively protecting your rights, ensuring a fundamentally fair process, or establishing the deficiencies that will lead a court to reverse the school’s conduct.
There is no fee for a private consultation.
Because school procedures differ and every individual situation is unique, this blog does not constitute legal advice.