No Contact Order Policy

The purpose is to comply with New York State Education Law Section 129-B in providing reasonable and available interim measures and accommodations that affect a change in academic, housing, employment, transportation, or other applicable arrangements to enhance safety, prevent retaliation and avoid an ongoing hostile environment. 

Date	Version Number	Change Description	Referenced Section
7/7/15	1.0	New Document	Entire Document
9/1/15	1.1	Minor Revisions
1/6/17	1.2	Minor Revisions
11/23/18	1.3	Minor Revisions
8/9/20	1.4	Minor Revisions	8.0, 9.0
9/12/24	2.0	Major Revisions	1.0, 4.0, 5.0, 6.0, 7.0, 8.0

 Review Process / Approval

Action:	Units	Date
Policy Review	University Police VPESS	9/10/24
Policy Approval	VPAF	9/12/24

All students

Student, Employee and Staff Person – are students, employees and staff persons of SUNY Plattsburgh and Clinton Community College for purposes of this policy. 

No Contact Order – A No Contact Order is an administrative protection and accommodation prohibiting intentional contact between parties, available for consideration when the accused or respondent is a student.

The Order directs the parties to avoid all contact with each other. Contact will be defined as being present in the same physical location, contact through a third party, and all electronic contact (including phone, email, texting, and social media).  

The directive can require changes to housing assignments, academic schedules and modalities and on-campus employment.

New York State Education Law 129-B requires the accused/respondent to vacate immediately and without directly contacting the reporting individual if they observe each other in a public place.

Accused/respondent – A student who has been reported to have been involved in sexual violence, stalking, sexual harassment, sexual exploitation, domestic violence, dating violence, or any person accused of related violent behaviors, acts or threats of physical violence, and other conduct in violation of provisions of the student conduct manual or the rules for maintenance of public order. 

Reporting individual – A student, faculty or staff person who has reported sexual violence, stalking, sexual harassment, sexual exploitation, domestic violence, dating violence or by any person reporting related violent behaviors, acts or threats of physical violence, or reporting other conduct violating provisions of the student conduct manual or the rules for maintenance of public order. 

University Police – Upon receiving accusing a student of sexual violence, stalking, sexual harassment, sexual exploitation, domestic violence, dating violence, or accusing any related violent behaviors, acts or threats of physical violence, and other conduct in violation of provisions of the student conduct manual or the rules for maintenance of public order, University Police Officers will have the authority to issue a No Conduct Order. University Police will document and send notification of the order to the Title IX Coordinator for further review and action.  

Director of Student Conduct (designee) – Upon receiving a report accusing a student of sexual violence, stalking, sexual harassment, sexual exploitation, domestic violence, dating violence, or accusing any related violent behaviors, acts of or threat of physical violence, and other conduct in violation of provisions of the student conduct manual or the rules for maintenance of public order, the Director of Student Conduct will have the authority to issue a No Contact Order.  The Director of Student Conduct (designee) will document and send notification of the order to the Title IX Coordinator for further review and action.

Title IX Coordinator – Upon receiving a report accusing a student of sexual violence, stalking, sexual harassment, sexual exploitation, domestic violence, dating violence, or accusing any related violent behaviors, acts of or threat of physical violence, and other conduct in violation of provisions of the student conduct manual or the rules for maintenance of public order, the Title IX Coordinator will have the authority to issue a No Contact Order. 

7.1   No Contact Orders will be issued for a determinate period of time, either 72 hours, or extended until such time that the judicial process has concluded. Upon service or notification of the accused/respondent, the No Contact Order goes into effect immediately. 

Note: 72-hour No-Contact orders ending on the weekend will be extended to the conclusion of the next business day.

7.2   Upon determining a 72-hour No Contact Order is appropriate to address the situation, the issuing personnel will complete the No Contact Order form, specify the conditions, and attempt to simultaneously notify the accused/respondent and the reporting individual(s) of the details and existence of the 72-hour No Contact Order. 

        7.2.1    Documentation supporting the 72-hour No Contact Order will be forwarded to the Chief of University Police, Title IX Coordinator, and Director of Student Conduct for further review. 

7.3  Extended No Contact Orders may be issued from the onset of an investigation, or upon subsequent review of a 72-hour No Contact Order by the Title IX Coordinator, Chief of University Police (or designee), and Director of Student Conduct (or designee), and a determination by consensus that an Extended No Contact Order is appropriate for the situation.

        7.3.1  Upon determining that an extended No Contact Order is appropriate, the issuing personnel will complete the No Contact Order
form, specify the conditions, and attempt to simultaneously notify the accused/respondent and the reporting individual(s) of the details and existence of the No Contact Order.

7.4 Prompt Review: The accused/respondent and reporting individual shall be afforded a prompt review, if requested, of the need for and terms of a No Contact Order including modification, and shall be allowed to submit evidence in support of the request. Such requests may be made to the Chief of University Police, Title IX Coordinator, and Director of Student Conduct who meet to review the request and make a determination reasonable under the circumstances.

       7.4.1 If a No Contact Order will be discontinued, all parties will be notified in writing.

• Mutual No Contact Order (NCO) Form
• Clery Crime Incident Report Form

• SUNY Policy #65007 – Sexual Harassment Response And Prevention Statement
• SUNY Plattsburgh Policy #2006.1 – Title IX Grievance Policy Under 2020 Regulations
• SUNY Plattsburgh Policy #2008 – Title IX Grievance Policy Under 2024 Regulations
• SUNY Plattsburgh Policy #2007.1 – Informal Resolution Policy
• SUNY Plattsburgh Policy #2004.8 – Sexual Harassment And Sexual Violence Policy
• SUNY Plattsburgh Policy #2001.5 – Interpersonal Violence Policy

Method	Date
Campus Handbook	9/30/2024
Faculty / Staff Digest	10/1/2024
Student Digest	10/2/2024
Other	N/A

There are no specific trainings identified with this policy.