No Contact Order Policy

The issuance of a No Contact Order is not a punitive 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.

This restriction means that a party may not contact the other party through verbal, nonverbal, physical, electronic, or other forms of communication. They may not communicate through means that include, but are not limited to, a mailed written letter, email, social networking sites, phone calls, text messages, voicemails, and any type of contact via third parties.

The purpose of a No Contact Order is designed to restore or preserve equal access to educational programs and/or activities while still creating a space for students to abstain from contact when there is a report of behavior that may violate policies under the Student Code of Conduct or Title IX.

A no contact order is generally 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) or when mutually agreed upon by the parties due to the circumstances. The Dean of Students, Title IX Coordinator, and/or their assigned designee shall consider all available 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 conduct proceedings;
• When a student(s) is disrupting the community (academic, residential, employment, neighborhood); and/or
• When there are allegations of serious College policy violations.

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, 89 Fed. Reg. 33474 (Apr. 29, 2024). See Title IX Grievance Policy, https://www.geneseo.edu/titleix/title-ix-grievance-policy.

A one-way order only restricts one party (generally, the respondent), 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.

SUNY Geneseo primarily issues mutual no contact orders as a way to prevent ongoing contact between students, so long as issuing them does not unreasonably burden the other party. One way no contact orders are generally reserved for situations where there is a finding of responsibility in a Conduct or Title IX-related matter, or to serve as a temporary response to maintain the status quo in response to a report of a significant policy and/or criminal violation.

In general, No Contact Orders will be in effect for a period of one (1) year from the date of issuance, unless rescinded earlier by the College, or in the event that one of the parties is no longer a student or does not have a continuing relationship with the College.

No Contact Orders issued as a result of a student conduct proceeding will be governed by applicable Student Conduct policies and procedure
 

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 or conduct 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 conduct action if the No Contact Order is violated; and The appellate process to remove or modify the No Contact Order.

Modification and/or Removal Process

A student seeking the modification or rescission of a No Contact Order based upon a change in circumstances or for any other reason 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.

Extending a No Contact Order

A student can make a request to have the No Contact Order extended beyond the original year of issuance. The student making the request must submit the reason for the extension in writing prior to the expiration date. The request should be submitted to the issuing party of the original order, at which time the issuing party will review all available information and respond with a decision within 7 business days.

Appellate Process

A student has the right to appeal a No Contact Order that has been removed or modified. The Vice President of Student and Campus Life or their designee is responsible for determining appeals. All appeal requests 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 conduct action under the Student Code of Conduct. The Office of the Dean of Students or their designee is responsible for investigating and addressing any alleged violations of a No Contact Order.