No Contact Directives

 

A No Contact Directive (NCD) creates space and reduces the potential for escalation while the university assesses or addresses a situation involving two or more parties. NCDs are not punitive in nature, but are intended to support safety, well-being, and a respectful learning and working environment. In a university setting, where students, faculty, and staff live, learn, and interact closely, NCDs play an important role in promoting personal responsibility, minimizing disruption, and upholding community standards. 

 

An administrative measure issued by the university to help prevent contact and communication contact between UNM-affiliated parties involved in a conflict, concern, or report.
Both parties must be currently affiliated with the University of New Mexico (UNM). UNM has no authority to issue an NCD to parties who are not currently affiliated with the University.
A No Contact Directive is generally considered a supportive, administrative action—intended to help promote safety, reduce potential for conflict, and support a productive learning environment. It is not disciplinary in nature and is not subject to appeal. An NCD is a university administrative action and is not enforceable by law enforcement or the courts. A No Contact Directive and may have limitations outside of the university environment. While law enforcement cannot enforce a No Contact Directive, they can respond to safety concerns. For safety-related issues, contact the UNM Police Department or a local law enforcement agency. Contact the UNM Police Department or a local court to discuss civil restraining order options.
When a communication or contact restriction is issued, as an interim measure and/or conduct outcome associated with a finding of responsibility under the Student Code of Conduct, the restriction may be appealable and reportable as student conduct record. Such actions generally apply to the responding student only. See UNM’s Student Disciplinary Procedures for information.
A No Contact Directive will be issued when the parties have had previous contact, communication, and conflict with each other, one of the parties requests the NCD, and at least one of the following criteria is met:
  • One party reported sexual misconduct or civil rights concerns involving the other party.
  • One party is working with and reports sexual misconduct or civil rights concerns to a confidential advocate.
  • Ongoing conflict that may likely lead to a policy violation.
  • An active Student Code of Conduct or University Administrative Police case or investigation.
In rare instances, a No Contact Directive may be issued without a request from either party.
Students concerned about disclosing information may confidentially discuss options with an advocate at the following locations:
  • Learning Center Office
  • LGBTQ Resource Center
  • LoboRESPECT Advocacy Center
  • Women’s Resource Center
  • Vassar House
Confidential advocates will confirm the request is based on a Title IX or civil rights concern and submit an NCD request on behalf of the student. Staff members in the Office of Compliance, Ethics, & Equal Opportunity may also submit an NCD request on behalf of the student. If you area Confidential Advocate wanting to make a report please use this Link.
SRequests are reviewed on a case-by-case basis. Students may request an NCD online or by contacting the Office of Student Rights and Responsibilities. Requests should include supporting documentation. Dean of Student Office staff are mandatory, responsible employees and may need to disclose an NCD request and accompanying information to other university officials (Compliance, Ethics, & Equal Opportunity, or the University of New Mexico Police Department for compliance purposes.
A No Contact Directive prohibits contact between two parties. Contact may include any intentional communication or action, for example:
  • Communication in person, in writing, via intentional gesture, over the phone, online, through text message or email, on social media or networking sites (such as through direct messages, friend requests or profile tagging)
  • Directing or instructing a third party to communicate with, harass, or intimidate the other party on behalf of the party.
Both parties under a No Contact Directive are expected to separate themselves from the other party as much as possible and share responsibility in removing themselves from situations that may lead to a violation of the NCD.
Being in the same space as the other party or telling persons a No Contact Directive is in effect are not violation. Other behaviors not covered by an NCD include, for example:
  • Either party’s presence in the academic environment such as performing an academic responsibility, professional responsibility, shared classes, shared residence spaces, or participation in student organizations, athletic teams, or University events and functions
  • Incidental contact, which may include seeing or passing the other party.
  • Either party filing a good faith report, complaint, lawsuit, or grievance with the University, police, or government agency.
When needed students may notify University officials than an NCD is in effect, however, providing information regarding the nature of the NCD is not required.
  • The Dean of Students Office of Student Rights and Responsibilities issues NCDs for current UNM students.
  • The Dean of Students has designated university officials at UNM branch campuses, Health Science Center, Law School, or other specialty programs issue NCDs for students in those programs.
  • Human Resources and/or the Provost Office provide options to address communication concerns between a UNM student and UNM employee and manages issuance of NCDs limiting a UNM employee’s contact with a student.
No Contact Directives take effect 24-hours after delivery to a UNM email account or read by the party—whichever occurs first. Due to the nature of a No Contact Directive restricting contact and communication between parties, each party will know the identity of the other party.
NCDs generally remain in effect while both students are enrolled. Shorter durations may be considered.
The student who initiated the NCD may request that the directive be removed. If the other student agrees, the Dean of Students Office will evaluate removal or modifications of the NCD. Once removed, the University may decline to reissue an NCD between the two students.
Alleged violations of an NCD should be reported to the Dean of Students Office, or designee, and should include supporting documentation and evidence. The reported behavior will be reviewed under the Student Code of Conduct, with any potential disciplinary action following procedures outlined in the Student Disciplinary Procedures. In accordance with privacy regulations, the individual who reported the possible violation will not be informed of any findings or specific conduct outcomes, if any.

Questions?

Office of Student Rights and Responsibilities
UAEC Center (Building 85), Room 281