SUNY Plattsburgh Campus Handbook

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INFORMATION

No Contact Order

Approved by Executive Council on July 7, 2015

Policy Number Policy Owner
8023.1 Title IX

1.0    Purpose

SUNY issued new policies on Sexual Violence Prevention and Response for all campuses on December 1, 2014.  New York state legislation about sexual and interpersonal violence prevention and response passed in June 2015.  SUNY Plattsburgh must have as part of the response policies the ability to institute a No Contact Order to the parties involved in a report of sexual violence, if they are students.  The priority is to provide safe learning and living environments for all students. 

2.0    Revision History

Date Version Change Ref Section
7/7/2015 1.0 New Document  
9/1/2015 1.1 Minor Revisions  
1/6/2017 1.2 Minor Revisions  

 3.0    Units and Persons Affected

All students 

 4.0    Policy

A No Contact Order is an administrative action available for consideration when:

  • Requested by a reporting individual of sexual violence, stalking, sexual harassment, sexual exploitation, domestic violence, dating violence (as defined in the Student Conduct Manual) or related violent behaviors, including hazing.  Acts or threats of physical violence that are targeted at another person will also be considered.
  • It is determined that the student(s) in question pose(s) a threat to the health and safety of any member of the campus community.

The purpose is to provide reasonable and available interim measures and accommodations that effect a change in academic, housing, employment, transportation, or other applicable arrangements in order to enhance safety, prevent retaliation, and avoid an ongoing hostile environment. 

University Police sworn members, the Director of Student Conduct (designee), and Title IX Coordinator (designee) will have the administrative authority to issue a temporary 72-hour No Contact Order if deemed appropriate based upon an official written report either submitted to or produced by any of these personnel at the College.  All temporary 72-hour No Contact Orders will be reviewed collectively by the Chief of University Police (designee), the Director of Student Conduct (designee),  and the Title IX Coordinator (designee) prior to issuing a longer standing (beyond the 72 hours) No Contact Order.  

No Contact Orders that are the outcome of the College's Judicial System are not governed by this policy.  This policy addresses administrative action leading up to a determination being made by the Judicial System.  If it is determined that no college charges will be pursued through the Judicial System, either the 72 hour or longer standing No Contact Order will be lifted and communicated to all parties involved.

The campus will promptly review existing No Contact Orders at a party’s request, including requests to modify the terms of or discontinue the order. The parties can submit evidence to support their requests. If the campus finds it appropriate, it can even make a schedule for parties who seek to use the same facilities without running afoul of the No Contact Order.

5.0    Definitions

    5.1    No Contact Order – An administrative action given to parties at the request of a reporting individual or when the college determines it is necessary in cases of sexual assault, sexual harassment, domestic violence, dating violence, stalking, hazing, or other related violent behaviors.  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 a temporary relocation of on-campus housing arrangements, switch sections of a particular academic course or stop attending a particular course, and/or work a different shift at a place of on-campus employment.  A No Contact Order is a temporary measure used until an outcome of the campus Judicial System is rendered.  If the person issued the No Contact Order continues to contact the reporting individual it will be considered a violation of college policy subject to additional conduct charges.  In addition, if the accused/respondent and the reporting individual observe each other in a public place, it is the responsibility of the accused/respondent to leave the area immediately and without directly contacting the reporting individual.

    5.2    Accused/respondent – A person who is enrolled as a student at SUNY Plattsburgh and has been officially reported to have been involved in sexual violence, stalking, sexual harassment, sexual exploitation, domestic violence, dating violence (as defined in the Student conduct Manual), related violent behaviors, including hazing (as defined by the Student Conduct Manual), an act of or a threat of physical violence against another member of the campus community.  

    5.3    Reporting individual – A student, faculty or staff person on the SUNY Plattsburgh campus who has officially reported an incident involving sexual violence, stalking, sexual harassment, sexual exploitation, domestic violence, dating violence (as defined in the Student Conduct Manual), related violent behaviors, including hazing, or was the recipient of an act of or threat of physical violence.  

6.0    Responsibilities

    6.1    University Police – Upon receipt of a report that involves an accusation towards a student at SUNY Plattsburgh for sexual violence, stalking, sexual harassment, sexual exploitation, domestic violence, dating violence (as defined in the Student conduct Manual), related violent behaviors, including hazing or an act or threat of physical violence all University Police sworn officers have the ability to issue a 72 hour No Contact Order against an accused/respondent.  University Police will document and send notification of the decision to the Title IX Coordinator(s) for further review and action.  

    6.2    Director of Student Conduct (designee) – Upon receipt of a report that involves an accusation towards a student at SUNY Plattsburgh for sexual violence, stalking, sexual harassment, sexual exploitation, domestic violence, dating violence (as defined in the Student conduct Manual), related violent behaviors, including hazing or an act of or threat of physical violence, the Director of Student Conduct (designee) has the ability to issue a 72 hour No Contact Order against an accused/respondent.  The Director of Student Conduct (designee) will document and send notification of the decision to the Title IX Coordinator(s) for further review and action.

    6.3    Title IX Coordinator(s) – Upon receipt of a report that involves an accusation towards a student at SUNY Plattsburgh for sexual violence, stalking, sexual harassment, sexual exploitation, domestic violence, dating violence or related violent behaviors, including hazing, (as defined in the Student Conduct Manual) or an act of or threat of physical violence the Title IX Coordinator(s) has the ability to issue a 72 hour No Contact Order against an accused/respondent.  The Title IX Coordinator must initiate a review of this 72 hour No Contact Order with the other parties identified in this policy.  The Title IX Coordinator(s) will also receive all reports submitted to both University Police and the Director of Student Conduct (designee) in cases where a 72 hour No Contact Order has been issued by the aforementioned departments/personnel.  The Title IX Coordinator(s) will collect additional information and convene the Chief of University Police (designee) and the Director of Student Conduct (designee) to determine if extending the 72 hour No Contact Order is required and notify all necessary parties of that determination.  

7.0    Procedures 

    7.1    72 Hour No Contact Orders. When a 72 hour No Contact Order is requested by a reporting individual of sexual violence, stalking, sexual harassment, sexual exploitation, domestic violence, dating violence or related violent behaviors, including hazing (as defined in the Student Conduct Manual) an act of or threat of physical violence or is determined necessary by a University Police sworn officer, the Director of Student Conduct, or Title IX Coordinator(s); the process is as follows:

        7.1.1    The issuing personnel will fill out required documentation and determine the specific parameters to be communicated to the parties. 

        7.1.2    The issuing personnel will attempt to simultaneously notify the accused/respondent and the reporting individual(s), in writing, of the details of the 72 hour No Contact Order, but priority will be given to notifying the accused/respondent.  Once the accused/respondent has acknowledged receipt (signature on a form or other such documentation as proof) of the 72 hour No Contact Order it goes into effect immediately.

        7.1.3    Documentation of the 72 hour No Contact Order will be forwarded to the Title IX Coordinator(s) for further review.  

    7.2    Longer standing No Contact Orders. Upon receipt that a 72 hour No Contact Order has been issued by personnel with this authority, the Title IX Coordinator(s) will convene the Chief of University Police (designee) and the Director of Student Conduct (designee) to determine if extending the 72 hour No Contact Order is required.  A consensus is needed among these parties for a longer standing No Contact Order to be issued. 

        7.2.1    Should a No Contact Order be deemed appropriate, the department/personnel to issue the No Contact Order and the details of the No Contact Order will be established. 

            7.2.1.1    The College will attempt to simultaneously notify the accused/respondent and the reporting individual, in writing, of the details of the No Contact Order, but priority will be given to notifying the accused/respondent.  Once the accused/respondent has acknowledged receipt (signature on a form or other such documentation as proof) of the No Contact Order it goes into effect immediately.

        7.2.2    If a No Contact Order will be discontinued, all parties will be notified in writing by the Title IX Coordinator(s).

 

Contact Information

For questions about the Campus Handbook, please contact:

Management Services Office
Office: Kehoe 710-11
Phone: (518) 564-2538
Fax: (518) 564-2540
Email: policies@plattsburgh.edu