No Contact Directives
Office of Student Rights & Responsibilities
No Contact Directive
Frequently Asked Questions
What Is a No Contact Directive (“NCD”)?
In an effort to support students at the University of New Mexico (“UNM”), the Dean of Students Office may issue and enforce No Contact Directives to students affiliated with UNM. A No Contact Directive is a means of preventing unwanted contact and communication and serves as a way to help prevent harassment or disruptions to the learning environment within the University setting.
Is a No Contact Directive Disciplinary?
No. A No Contact Directive is a mutually enforced directive between the party who requested the NCD and the party who received one. The NCD is not a disciplinary action and is not indicative of a University policy violation for either party of the directive. A No Contact Directive does not provide any indication of the parties' status or participation in an investigation of any kind. A No Contact Directive would not be disclosed in a disciplinary background check process for graduate schools or other clearances.
What Does a No Contact Directive Prohibit?
A No Contact Directive prohibits contact between both parties. Contact may include any intentional communication or action, for example:
- Communication in person, in writing, via gesture, over the phone, online, through text message or email, on social media or networking sites (such as through direct messages, friend requesting or tagging a profile);
- Directing or instructing a third party to communicate with, harass, or intimidate the other party on your behalf.
Both students under a No Contact Directive are expected to separate themselves from the other party as much as possible and remove themselves from situations that may lead to a violation of the NCD.
What is Not Prohibited under a No Contact Directive?
A No Contact Directive does not prohibit presence in the same academic space, such as being in the same class, residence building, student organization, athletic team, or University event or function. A No Contact Directive also does not prohibit incidental contact, which may include unintentionally passing or seeing the other party.
A No Contact Directive aims to prohibit direct contact. Therefore, a No Contact Directive does not prohibit either party from filing a report, complaint, lawsuit, or grievance with the University, police, government entity or other body of redress.
When Will the Dean of Students Office Issue a No Contact Directive?
The Dean of Students Office will only issue a No Contact Directive when the parties have had previous direct communication with each, when one of the parties requests the NCD, and at least one of the following is met:
- a student reports sexual misconduct or civil rights concerns to the University; or
- a student is working with a confidential advocate regarding sexual misconduct or civil rights concerns; or
- students are involved in previous direct conflict, which if continued, would likely result in a Code of Conduct charge(s) and/or violation(s), and the NCD is issued to prevent the student violating the Code of Conduct; or
- There is an on-going Code of Conduct or other University Administrative Policy case or investigation.
In rare cases, the Dean of Students may issue a No Contact Directive when neither party has requested it, if doing so would prevent further direct communication that would likely cause a student to violate the Code of Conduct.
Who Can Receive a No Contact Directive?
The Dean of Students Office may only issue No Contact Directives between two or more students affiliated with the University of New Mexico. We have no authority to limit contact and communication with someone unaffiliated with the University, including former students who are not currently enrolled in courses. The Student Conduct Officer will work with the Health Sciences Center colleges, School of Law, and branch campus officials in requests involving students in these programs.
The Dean of Students Office has no authority to limit contact and communication with UNM staff or faculty, though there are options to address concerns involving UNM staff or faculty by involving Human Resources or the Provost’s Office. A No Contact Directive may be coordinated and issued between a student and staff or faculty by involving these offices. You may contact the Dean of Students Office, the Office of Compliance Ethics and Equal Opportunity, LoboRESPECT Advocacy Center, Women’s Resource Center, Vassar House, the Learning Environment Office, or the LGBTQ Resource Center to discuss those options.
How Long Does a No Contact Directive Stay in Place?
A No Contact Directive will remain in place for the duration of the time both parties are students at UNM, including if they enter a different program or graduate school. A shorter duration may be contemplated on a case-by-case basis. See below for information on removal of a No Contact Directive.
How Can a Student Request a No Contact Directive?
Any UNM student currently enrolled in courses, including non-degree, graduate and professional students, can request a No Contact Directive by calling the Dean of Students Office at 505-277-3361 or emailing at email@example.com and requesting a meeting with a Conduct Officer. The student will need to share relevant information as to why the No Contact Directive is being requested and how contact with the other party is impacting the requesting student’s learning environment at the University. The Conduct Officer’s decision to issue the directive will be based on the following factors: severity and/or pervasiveness of unwanted contact or fear of unwanted contact; likelihood of a student conduct violation if the alleged behavior continues; and any other relevant circumstances. The facts surrounding the request for the directive will be considered on a case-by-case basis.
Can I Remain Anonymous and Still Get a No Contact Directive?
No. Due to the nature of a No Contact Directive, the other party must know your identity so they know to refrain from contact and communication. Additionally, the Dean of Students Office staff are responsible employees, and may have to disclose your request and accompanying information to the Office of Compliance Ethics and Equal Opportunity if there are Title IX or civil rights concerns or to UNM Police for Clery Act purposes. The Dean of Students may also investigate disclosures themselves under the Code of Conduct to ensure campus safety.
If you are concerned about disclosing relevant information to the Dean of Students Office, you may want to consider discussing your options with a confidential advocate at any of the centers first: LoboRESPECT Advocacy Center, Women’s Resource Center, LGBTQ Resource Center, Vassar House, or Learning Environment Office to discuss options. Confidential advocates may work with the Conduct Officer on having a No Contact Directive issued without the disclosure of information. The advocates would have to confirm to the Conduct Officer that the request is based on a civil rights concern and that the learning environment is being impacted.
What if I’m in the same class/student organization/residence hall/athletic team with the other person subject to the No Contact Directive?
A No Contact Directive does not prohibit presence in the same academic space, such as a class, student organization, residence hall or athletic team. Some incidental contact may be unavoidable in these spaces, but students should take steps to mitigate potential interactions. If one of the students is carrying out a professional or academic responsibility and incidental communication occurs, it will not likely be considered a violation of the NCD.
If you are in the same class as the other person, you may notify the professor that there is a No Contact Directive in place. The professor is then aware and may help with things like assigning you to different groups for projects or other mandated interactions. If you are in the same student organization as the other person, you may notify professional staff in the Student Activities Center that there is a No Contact Directive in place. Professional staff in the Student Activities Center may brainstorm how to best approach interactions in the student organization given the No Contact Directive. If you are in the same on-campus residence hall as the other person, you may notify professional housing staff that there is a No Contact Directive in place. If you are on the same athletic team, you may notify the coach or other professional athletics staff that there is No Contact Directive in place.
You do not have to disclose the reason a No Contact Directive is in place to any individual, including a professor, professional UNM staff, student organization leadership, Resident Advisor, coach, or athletic advisor. No adverse action should be taken against anyone for disclosing a No Contact Directive is in place. A No Contact Directive does not indicate a University policy violation or status in any investigation. Should anyone have questions about the No Contact Directive, please refer them to the Conduct Officer in the Dean of Students Office.
Is a No Contact Directive the Same as a Restraining Order?
No. A No Contact Directive is an administrative directive and does not carry the force of law. It therefore is not enforceable by police or the courts. For information regarding a Temporary Restraining Order or Order of Protection enforceable by police or the courts, you may contact UNM Police, the Albuquerque Police Department, or one of UNM’s confidential campus advocates.
How are No Contact Directives Enforced?
A No Contact Directive is a directive by the Dean of Students Office. As such, violations of a No Contact Directive may be subject to disciplinary action under the UNM Student Code of Conduct, which could include suspension or expulsion from the University of New Mexico. For more information on the Student Code of Conduct, you may refer to the student handbook, The UNM Pathfinder at http://pathfinder.unm.edu. Alleged violations of a No Contact Directive should be reported as soon as practicable to the Student Conduct Officer in the Dean of Students Office and should include any supporting documentation or evidence of the violation. Disciplinary action taken is confidential and the reporting party may not know the outcome of any disciplinary action(s), or if any disciplinary action was taken.
Can I call the Police if a No Contact Directive is Violated?
Although the UNM Police does not enforce No Contact Directives, you should contact your local police department, including UNMPD, if you fear for your safety.
Why did I receive a No Contact Directive?
You received a No Contact Directive because it was determined that the parities (including you) met the limited circumstances listed above in the question When Will the Dean of Students Office Issue a No Contact Directive?
Can I Contest the Issuance of a No Contact Directive?
No, because the No Contact Directive is not disciplinary, there is no process by which a student may contest its issuance or the facts provided to decide that the No Contact Directive should be issued. If you have concerns about its issuance, please request a meeting with the Conduct Officer to discuss those concerns.
What Happens if a No Contact Directive is Violated?
If the Conduct Officer receives a report that a No Contact Directive is violated, they may initiate disciplinary proceedings under the Code of Conduct. For more information on the Code of Conduct process, you may refer to the student handbook, The UNM Pathfinder at http://pathfinder.unm.edu.
What Happens if I Didn't’t Read the No Contact Directive?
The Conduct Officer sends notices of a No Contact Directive via software that tracks if/when a student has read the notice. A No Contact Directive is considered issued within 24 hours of sending or once the parties have read the notice, whichever is sooner. University Administrative Policy 2540: Student Email https://policy.unm.edu/university-policies/2000/2540.html affirms that email is an official form of communication for the University with the full expectation that students will receive and read emails in a timely fashion. Therefore, students are responsible for abiding by a No Contact Directive and may face disciplinary outcomes for violations even if they have not read the notice.
Can I Remove a No Contact Directive After Requesting One?
Maybe. We expect all students who request a No Contact Directive to be intentional and serious about wanting all contact and communication with the other party to cease. If the requesting student asks that a No Contact Directive be lifted, the Conduct Officer will ask the other party if they want the directive to be lifted or remain in place. Only if both parties agree to have the directive lifted will the Conduct Officer do so. Should the parties have the directive lifted, the Conduct Officer may decline to re-issue a directive between those parties again in the future.
Who Do I Contact if I have Additional Questions?
You may call the Dean of Students Office at 505-277-3361 or email firstname.lastname@example.org with any additional questions or concerns.
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