No Contact Order FAQs
No Contact Orders
Last updated August 2021
The following Frequently Asked Questions (FAQs) provide information regarding No Contact Orders issued by the Office of Title IX. Questions 1-15 describe mutual No Contact Orders; question 16 describes “skewed” No Contact Orders, which, as described below, are imposed in the disciplinary context or in the context of the informal resolution process.
On occasion, one member of the UNA community may seek to have no communication with another member of the community. UNA has a long-standing practice, which is an accepted best practice among higher education institutions, of providing two-way (or mutual) No Contact Orders to individuals who request them for a period of time. They help to ensure an environment in which individuals can focus on and pursue their education and/or work.
However, No Contact Orders do not ensure that parties to such Orders will not see one another on the campus. Rather, they serve to limit potential interactions between the parties. If individuals have safety concerns and feel that they need additional protection (for example, through a Protection from Abuse Order through the Alabama State Courts), they should contact the University Police Department at 256-765-4223 or the Title IX Office at 256-765-4223.
Click here for a fictionalized sample No Contact Order.
They are intended to promote the safety of our community so that everyone can be successful in their learning and work environment. The NCOs set out to prevent interactions that could be problematic for all involved individuals and hope to prevent unwanted contact and possible future policy violations.
In short, no. The NCOs do prevent parties from engaging in direct or indirect communication with one another and the University also prohibits individuals from engaging in harassing, retaliatory, or intimidating behavior. However, our NCOs do not bar individuals from talking about the other party and/or situations involving the other party.
If you are interested in obtaining a NCO, please contact the Title IX Coordinator or your investigator assigned to your Title IX case.
Upon meeting with the member of the Title IX Team, you should share any specific location concerns you may have (for example, if you and the other party are in the same club or activity, or if you live in the same floor of a Residence Hall), so that the request can be reviewed and the Order can be tailored to the specific situation. Based on what is learned, the Title IX team member may also need to conduct a Violence Risk Assessment or make a referral to the University CARE or Threat Assessment Team.
Absolutely! The Office of Title IX can assist students and employees with a variety of supportive measures beyond issuing a NCO, including referrals to Counseling or other offices, safety planning, and requests for academic accommodations. The Office of Title IX can also assist students with filing a Formal Complaint and resolving a case through the Title IX Grievance Process or in coming to an Informal Resolution.
No. The mutual NCOs are not part of the University disciplinary process, and they do not constitute a finding of, or charge of, any violation of University policy nor will they show up on any disciplinary record. The NCOs are not intended to be punitive in any way. Rather, they are intended to prevent future interactions that could be problematic for the individuals, thereby protecting both individuals and setting everyone up for success.
On the other hand, skewed (or one-sided) no contact orders can be disciplinary and punitive in nature. For more information on skewed no contact orders, see question 16 below.
In most circumstances, a mutual NCO will not place many restrictions on an individual's movement around campus. However, in some situations, these restrictions may be necessary. In those situations, we work with both individuals to ensure that this does not unduly interfere with their educational and/or working experiences.
For this reason and many others, mutual NCOs will typically not say that person A can access the Rec Center, but person B cannot. Likewise, the mutual NCOs will not say "the first person who arrives at Starbucks can stay." If geographical restrictions are imposed, an assessment will be made on a case-by-case basic, taking into account a number of factors, including the reason that access is needed and how often access is needed.
If you believe that the other party has violated the NCO, you should contact the Office of Title IX. They will review the matter and make any appropriate referrals. If it is determined that the other party violated the NCO, appropriate discipline will be issued.
In making such determinations, the disciplinary body will consider the context of the interaction, whether the other party reasonably ought to have known that the first party was present, the amount of contact, the venue, the duration, etc.
For students, your case could be referred to the Office of Student Conduct. A violation could remain on your disciplinary record and sanction will depend on the nature and severity of the violation.
For employees, your case could be referred to Human Resources for discipline.
If you would like to further discuss your options with respect to a NCO, you can set up a meeting with the Title IX Coordinator. On the other hand, you may want to consider setting up a meeting with one of UNA's confidential resources on-campus. They can assist you in weighing your options and choosing the services and resources that are right for you.
Up until this point, we have been talking about non-punitive, non-disciplinary, No Contact Orders that are provided as a supportive measure and resource to our UNA Community.
Distinct from those mutual No Contact Orders, at times, the University may issues a "skewed" or one-sided No Contact Order.
A skewed No Contact Order may be issued (or an existing mutual No Contact Order may be modified) under the following two circumstances:
- Where a respondent has been found responsible through a formal disciplinary process for sexual misconduct or for violating a previous No Contact Order. Under this circumstance, “skewed” No Contact Orders are disciplinary in nature; they are issued by a disciplinary body only when an individual has been found responsible for a violating the University Sexual Misconduct policy or a prior No Contact Order; they cannot be requested by a member of the University community absent these circumstances; they can only be modified by the appropriate appellate body; and the duration of the “skewed” No Contact Order is determined by the disciplinary body issuing the Order.
- As part of the Informal Resolution Agreement, in which a complainant and a respondent have mutually and voluntarily agreed in writing to enter a “skewed” No Contact Order. Under this circumstance, “skewed” No Contact Orders are not disciplinary in nature; they can only be modified only as set forth in the Informal Resolution Agreement; and the duration of the “skewed” No Contact Order is set forth in the Informal Resolution Agreement.
Under a “skewed” No Contact Order, in places in which neither party’s presence is required, the responsibility to avoid the other party (the complainant) falls exclusively on the other party (the respondent); in places where both parties’ presence is required, both parties must avoid being in close proximity to one another.