No Contact Orders
College administrators are authorized to issue a No Contact Order (NCO) prohibiting contact between students when there is a reasonable concern that physical or psychological harm may result from such contact.
The college will consider all facts and circumstances relevant to whether a NCO should be issued on but not limited to the following factors:
- When there are allegations, threats, or evidence of physical violence by one student against another;
- When there are allegations, threats, or evidence of emotional abuse or harassment by one student against another;
- Where there is substantial risk of emotional harm from continued contact between students;
- When continued contact between students may have an impact on campus disciplinary proceedings;
- When requested or agreed to in good faith by both students involved; and
- When there are allegations of serious college policy violations.
All NCOs shall provide that neither student may have direct or indirect contact with the other. “Contact” includes, but is not limited to, in person contact, telephone calls, email, texts, and other forms of electronic communication, social media media-based messages or postings, and third part communications, including through proxies.
Violations of the No Contact Orders are subject to discipline under the Student Code or provisions of the Sexual Misconduct and Harassment Policy.
NCOs may include additional protective measures or other conditions specific to safety, well-being, or other needs of either or both students subject to the NCO, when deemed necessary by the college. Any additional terms shall be included in the NCO. Additional protective measures or other terms need not be reciprocal. They may include but are not limited to the following:
- Restricting a student from being in close proximity to the other student;
- Restricting a student’s access to certain campus locations, including the other student’s residence hall;
- Restricting the times a student may be present in on campus dining facilities;
- Requiring that the students not be enrolled in the same academic course(s); and
- Restricting a student from working certain times for the Labor Program;
- Requiring that the students not participate in the same co-curricular or extra-curricular activities.
NCOs may be issued by the following administrators:
- For matters pertaining to the Code of Student Conduct: the Associate Dean of Student Life or his/her designee;
- For matters pertaining to Sexual Misconduct and Harassment Policy: the Title IX Officer, or his/her designee;
- For emergency situations involving personal safety: the Director of Public Safety may issue temporary NCOs, which shall be confirmed, modified, or rescinded by the Associate Dean of Student or Title IX Officer once all the relevant information is reviewed.
Administrators who issue a NCO will notify each other of their action. The college will review all NCOs annually. Each NCO will remain in effect until the graduation or withdrawal of at least one of the parties, uncles the NCO expressly provides otherwise or is modified or rescinded by the college.
Students who withdraw or suspended should assume the NCO stays in effect on the Berea College campus. Withdrawn students should notify Public Safety when they plan to be on campus. A student seeking modification or rescission of an NCO shall so request the administrator who issued the NCO. The issuing administrator shall consult with both parties before determining whether or not to modify or rescind the NCO.