No Contact Orders (Parts I & II): 20-Minutes-to…Trained

A Web-Based Sexual Misconduct Training Series.

Description:

This two-part 20-Minutes-to…Trained focuses on No-Contact Orders (NCOs), or No-Contact Directives, that Title IX Coordinators and other administrators frequently use as supportive measures. In Part I, ATIXA experts Brett and Dan discuss structures, considerations, and strategies for NCOs, In Part II, Brett and Dan tackle tricky topics such as reasons to deny an NCO request, NCO enforcement, NCO violations, and K-12 considerations in NCOs. Between Part I and Part II, this topic is a comprehensive look at NCOs and how to use them effectively.

Preview Clip Part I:

Transcript:

Brett A. Sokolow, J.D. (Chair: TNG Board of Directors; ATIXA Advisory Board): One of the things that I get challenged on a lot is when a student who has the no contact order (NCO) imposed upon them receives it for the first time, and they want to challenge the basis. They’re going to say, “Why is this needed at all? What kind of allegation have you received? What am I accused of doing?” I’m at liberty to share that with them because I’m about to issue a notice of investigation about this anyway, and other times, I’m not, and that’s because the complainant has requested confidentiality and doesn’t intend to pursue a formal complaint. Still, it’s not for me threshold-free.

If a complainant says, “I want a no-contact order because I don’t like the look of somebody, and I am fearful of them when we’re walking down the hall next to each other. I don’t have any particular reason why.” I’m going to be far less willing to impose the NCO than somebody who comes in and makes a specific allegation that falls within the Title IX protections, dating violence, domestic violence, sexual assault, stalking, and sexual harassment.

I don’t necessarily need a hard and fast rule to have a specific allegation. Still, I must have at least some rational reason or basis to believe somebody’s safety is at stake, that their fears of harm are rooted in good faith, and that I have a realistic expectation that the conflict will diffuse or diminish as a result of implementing the NCO. So, I try to make it criteria driven as much as I can. I don’t refuse many requests, but if they seem bold-faced and unsupported, I may push back on that a bit.

Dan Fotoples, J.D., M.A.(Director, Content Development, TNG): What are the terms of the agreement? What can we enforce? There are only certain things that, as an administrative directive, you have the ability to enforce, and students will often come, or employees will often come and want the world. You’re limited in what you can do and what you can force – the rumor and gossip mill. When we’re talking about the Title IX process, we’re talking about First Amendment concerns, and there’s a limited ability to enforce that’s important not over to promise somebody something to put it in an NCO. Then, halfway through, you figured out I can’t do anything about this. Now, I’ve set myself up for failure by creating these expectations.

Preview Clip Part II:

Transcript:

Dan Fotoples, J.D., M.A.(Director, Content Development, TNG): In the beginning, we discussed administrative directives and what types of administrators at either a school in a school district or a college university are looking to implement and enforce them.

At colleges, universities, relations offices, and Title IX human resources, if an employee is involved in student conduct, residence life will enforce NCOs as well because a lot of NCOs may restrict access to different residence halls, depending on where people live. Then law enforcement and public safety will be a big part of who will enforce this in a school or district. It might be an assistant principal or principal; they may pull in the district’s Title IX coordinator or some district HR official, but it will probably rest primarily with those assistant principals or principals because they are in the building every day.

Those are the people who, even if I, as a Title IX coordinator and the ones who grant, have a no-contact directive, I’m relying on these other people to help me enforce it. For example, something may happen on a weekend or after work hours, and there’s somebody on call for emergencies. They’re going to be handling it. There’s a lot of reliance on other people to help enforce and implement a no-contact directive.