Colleges or universities have the authority to limit or restrict a student's movement following allegations of harassment, sexual misconduct, or other harmful violations. During invasive investigations, temporary measures can limit an accused student's access to academic buildings, residence halls, and even public spaces, becoming a significant barrier to academic obligations and social connections. While no-contact orders (NCOs) are aimed at protection, schools often struggle to enforce them without violating an accused student's rights. Despite the adverse effects of NCOs, students can contest temporary protective or disciplinary measures with professional assistance. Call the Lento Law Firm Student Defense Team at 888-535-3686 or fill out our confidential consultation form now.
What Are No-Contact Orders?
NCOs—sometimes called stay-away orders—are temporary protective measures schools commonly use. Similar to civil actions like restraining orders, they can prohibit students from being near each other or speaking together, even stopping attempts at communicating through friends. Typically, NCOs are used to minimize contact between the accuser and accused before formal adjudication. However, schools sometimes employ them outside of grievance procedures.
While NCOs are aimed at protecting all parties from harm, schools often struggle to enforce them without violating the accused student's rights. Institutions usually prioritize rapid protection of students, meaning an NCO can be issued quickly once an allegation is made without a full review of the facts. Nevertheless, there are some differences in how each school handles orders.
How Do Schools Handle No-Contact Orders?
The University of Michigan's NCO policy bans all phone calls, text messages, emails, or social media interactions between the accuser and the accused. While the school will lift the measures if investigators fail to unearth substantiating evidence related to the underlying complaint, students cannot appeal NCOs or other emergency protective measures.
On the other hand, some schools allow an appeal of NCO. The University of Texas at Austin's policy provides for the issuance of "mutual restrictions on contact" in their orders, and they may collaborate with professors and others on campus to ensure each student remains aligned with their studies. However, if the order places a burden on their academic pursuits or if they can prove it was issued based on inaccurate information, students may launch an appeal.
Despite the opportunity for redress at some schools, NCOs are rarely withdrawn before sanctions are levied. Moreover, non-compliance with orders can result in separate disciplinary action on top of any potential sanctions from the underlying complaint.
Get Professional Help Managing No-Contact Orders
If schools fail to protect accusers from the potential for harassment or harm, it opens the institution up to potential Title IX violations. To lessen the risk to their federal funding, colleges and universities can levy NCOs without the appropriate grounds, hurting the student's academic progress.
The Lento Law Firm Student Defense Team understands that while NCOs are aimed at helping accusers and victims of misconduct, false accusations threaten everyone. Our team ensures the rights of every student are upheld and stands prepared to mount a defense against temporary protective measures like NCOs and related alleged misconduct. Call the Lento Law Firm Student Defense Team now at 888-535-3686 or fill out our confidential consultation form, and we will reach out to you.
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