No Contact Orders
No Contact Orders (NCOs) are put into place in order to safeguard students’ living, learning, and working environment, and to ensure their ability to pursue their education free from unwelcome contact.
NCOs may be issued by NDSU conduct staff based on one or more of the following:
- An individual requests an NCO between themselves and another individual(s)
- A general student conduct concern
- In response to a report or complaint of discrimination, harassment, retaliation, or sexual misconduct when both Reporting and Responding Parties are students
An NCO does not constitute a finding of responsibility for violating university policy for either party. NCOs may be issued whether or not there is an investigation or formal complaint resolution. Requests for modifications to an NCO will be reviewed by the appropriate office.
Students requesting an NCO may contact the Dean of Students Office or the Department of Residence Life. The Dean of Students Office or Department of Residence Life will issue an NCO upon review of a request, or upon evaluation of a report or complaint where there is sufficient information to indicate a need for implementation. The NCO will be issued to the all Responding Parties and Reporting Parties.
Specific Questions About NCOs:
- Can an NCO be issued for safety concerns in the absence of a report or complaint? Yes, an NCO can be issued even if a student does not want to file a complaint or have an investigation into the incident. However, the University may need to investigate to ensure the safety of students and/or the campus.
- What is the timing for issuance of an NCO after a request is made or a report/complain is filed? Determinations will be based upon the circumstances of the issue reported and information received. NCOs can be issued immediately if a safety concern exists.
- How long will the NCO remain in place? NCOs related to a complaint or investigation will remain in place throughout the investigative/student conduct process. At the completion of the investigative/student conduct process, the NCO will be reviewed for continuation or modification. NCOs remain in place indefinitely while students are enrolled.
- Is there an appeal process for the NCO? NCOs are not sanctions, and are intended to prevent future interactions that could be problematic for the involved individuals. Requests to modify an NCO may be directed in writing to the issuing office (Dean of Students, Department of Residence Life), which will make a final determination. Generally, both parties will be consulted before a modification is finalized.
- What criteria are used to determinate whether or not to issue an NCO? NCOs will be issued when information is provided to show that an NCO will help maintain an educational environment free from unwelcome contact. Specific criteria include the determination that an NCO will assist in:
- Diffusing a conflict,
- Continued safety of students,
- Preventing the reoccurrence of a conflict, or,
- Avoiding retaliation.
- Who receives notice of an NCO? Copies will be sent to:
- Dean of Students Office (when issued by the Department of Residence Life)
- Department of Residence Life (when issued by the Dean of Students Office)
- NDSU Chief of Police
- NDSU Equal Opportunity and Title IX Compliance Office (when related to discrimination, harassment, retaliation, or sexual misconduct
- What happens if one of the parties violates the NCO? If one of the parties believes that another has violated the conditions of an NCO through unwelcome contact, they should report their concerns immediately to the issuing office. Staff will evaluate the information received and (if applicable) take appropriate steps in response. Investigation into whether one party has violated the conditions of an NCO is a conduct matter separate from the request, report, or complaint that led to the issuance of the NCO. Students who violate the conditions of an NCO can be charged with Failure to Comply as detailed in NDSU Policy 601.