No Contact Orders -Employees

MUPIM 3.28

The University may issue a “No Contact Order” if deemed appropriate by the University or at the request of the complainant or accused.

A No Contact Order will be issued to prevent a person from contacting another person. The confidentiality of the person’s identity cannot be maintained when a No Contact Order is issued to keep an employee from having contact with the person making the request for no contact. A No Contact Order does not constitute a finding of responsibility for violating University policy.

A. Definition

No Contact Orders are directives issued by the Director of the Office of Equity and Equal Opportunity, Associate Vice President for Human Resources, Director of Academic Personnel Services, Assistant Provost for Academic Personnel or Miami University Police prohibiting communication between or among designated employees or employees and students. No Contact Orders are issued when, in the judgment of the Director of the Office of Equity and Equal Opportunity, Associate Vice President for Human Resources, Director of Academic Personnel Services, Assistant Provost for Academic Personnel or Miami University Police there is reason to believe that an order would be in the best interest of the parties and/or the community for maintaining peace and safety. Such situations include, but are not limited to: harassment, threats, physical assault, stalking, domestic violence, dating violence, sexual misconduct, retaliation or other disruptive behaviors as indicated in the Miami University Policy and Information Manual. No Contact Orders prohibit all forms of communication between designated employees, direct or indirect, written, electronic or through a third party.

B. Authority

No Contact Orders differ from court imposed restraining orders and do not guarantee that designated parties will avoid sightings or passing incidental interactions on campus or in the local community. In some circumstances, No Contact Orders may restrict an employee from parts of the campus except for required academic activities. The University may establish an appropriate schedule for the accused and complainant to access applicable buildings and property at a time when the other party is not accessing such buildings and property. Employees who are concerned about personal safety should contact University Police or local police. Employees who have questions about No Contact orders may speak with the issuing office.

C. Issuance

  1. No Contact Orders may be issued for incident(s) that occur on or off campus.
  2. No Contact Orders may be issued to all person involved in an incident. This includes the complainant, the accused, witnesses and any other employees involved. No Contact Orders may be delivered by e-mail, campus mail, or in person by a University Police officer or the office of Equity and Equal Opportunity, Human Resources, Academic Personnel Services or the Assistant Provost for Academic Personnel.
  3. A No Contact Order may be issued at any time and may also be issued by the President or Vice President as part of the terms of an interim suspension, University investigation or final sanction.
  4. Employees who violate a No Contact Order will face discipline.

D. Process for the Review of No Contact Order

Any person subject to a No Contact Order may, upon request, be afforded a prompt review, reasonable under the circumstances, of the need for and terms of a no contact order, including potential modification, and shall be allowed to submit evidence in support of the request. To request a review of the No Contact order, please contact the Office that issued the order.

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