Parameters to Issue a No-Contact Order (NCO):
Who May Issue an NCO:
- Office of Equity and Title IX
- Office of Community Standards and Conflict Resolution
- On-call senior leadership
- Executive leadership
An NCO may be issued by the institution upon request by a community member, or at the institution's sole discretion, under such circumstances, including, but not limited to:
- When there are allegations, threats, and/or evidence of recent harassment or intimidation by one party to the other;
- When there are allegations, threats, and/or evidence of recent physical violence by one party against another;
- When there is a present substantial, objective risk of severe emotional harm from continued contact between parties;
- Pursuant to the policies of the Office of Equity and Title IX and Office of Community Standards and Conflict Resolution, when a party requests an NCO as a supportive measure in the course of reporting a potential violation of policy, during a formal investigation, or as a disciplinary sanction at the conclusion of a formal investigation.
No-contact orders cover in-person contact, contact through a third party, electronic or digital contact (phone calls/text messaging, email, social media, etc.), or in writing. This order applies both on and off campus, and in remote and/or virtual environments.
NCOs are issued at the institution’s discretion, and the institution may decline to issue an NCO for reasons including, but not limited to, the following:
- Students who have interpersonal conflicts that do not rise to prohibited conduct outlined in the Equity and Student Community Standards policies. Instead, parties may be offered conflict resolution to resolve such conflicts.
- Students who room together on or off campus—until they no longer live together.
- In situations where the institution determines the request of the NCO is being misused or where it would be inappropriate to issue an NCO for other reasons.
Protocol to Review and Rescind a No Contact Order:
NCOs issued by Berklee administrators will typically remain in place until the graduation or withdrawal of at least one of the parties. Berklee reserves the right to modify or rescind an NCO at any time.
Parties do not have the option to challenge or appeal the initial implementation of a No Contact Order. However, a party may seek the removal of an NCO by contacting the issuing office in writing with an explanation of why they are requesting the NCO to be rescinded. The issuing office will review the initial request and may consult with the other party to determine the appropriateness of the rescission.
If both parties agree to the removal of an NCO, the parties will be offered the opportunity to participate in a mediation facilitated by Equity and Title IX and/or the Office of Community Standards and Conflict Resolution. The purpose of the mediation is to allow the involved parties the opportunity to discuss and develop a communication plan on their own terms. However, a mediation is not required to move forward with removing the NCO. Should the parties request in good faith that it be discontinued, the issuing office will rescind the NCO.
In the event that an NCO is removed at the request of one or both parties and is then later reinstated, future requests for removal may be declined.
Frequently Asked Questions
What is a no-contact order?
A no-contact order (NCO) is a Berklee-issued administrative order that can be issued to two or more parties who have been in conflict that directs all involved parties to cease communicating with each other. This order is not punitive and does not assign guilt for any action; it's a tool the institution can use to reduce conflict and prevent further harm.
What types of contact are covered by a no-contact order?
No-contact orders cover in-person contact, contact through a third party, electronic or digital contact (phone calls/text messaging, email, social media, etc.), or in writing. This order applies both on and off campus, and in remote environments or virtual environments.
Who issues no-contact orders?
I'm not familiar with the offices that issue no-contact orders. What do they do?
The Equity and Title IX office implements and enforces the Equity and Interim Title IX policies. The Equity Office provides resources and supports to all parties impacted by allegations of discriminatory conduct or sexual violence.
The Office of Community Standards and Conflict Resolution upholds the behavioral expectations outlined in the Student Code of Community Standards and provides conflict coaching and mediation.
Why would I request a no-contact order?
You've been recently harmed or harassed by a Berklee community member and wish to enlist the institution's assistance in creating some distance between you and that person.
How do I get a no-contact order?
If the harm you've experienced is based in an Equity or Title IX complaint (meaning, you've experienced bias/discrimination, sexual or identity-based harassment, or sexual misconduct), you can meet with someone on that team and request a no-contact order.
If you are engaged in an interpersonal conflict that is not based on an Equity or Title IX complaint, the Office of Community Standards and Conflict Resolution can work with you on that request.
A request for an NCO is not automatically granted. Please review the process outlined on this page. The institution will review the circumstances surrounding the request to determine whether the NCO is an appropriate step.
I received notice that someone has initiated an NCO process. Do I have to agree?
Yes. An NCO is ordered mutually. It is not a determination of responsibility for a policy violation.
How long is the NCO in place?
An NCO is in place indefinitely; typically until one or all parties leave the institution.
Can I request to lift the order?
Yes, you can request to lift the order. A party may seek the removal of an NCO by contacting the issuing office in writing with an explanation of why they are requesting the NCO to be rescinded. The issuing office will review the initial request and may consult with the other party to determine the appropriateness of the rescission.
If both parties agree to the removal of an NCO, the parties will be offered the opportunity to participate in a mediation facilitated by Equity and Title IX and/or the Office of Community Standards and Conflict Resolution. The purpose of the mediation is to allow the involved parties the opportunity to discuss and develop a communication plan on their own terms. However, a mediation is not required to move forward with removing the NCO. Should the parties request in good faith that it be discontinued, the issuing office will rescind the NCO.
In the event that an NCO is removed at the request of one or both parties and is then later reinstated, future requests for removal may be declined.
Does an NCO prevent me from being in the same place as the other person?
No. However, should you find yourself in close proximity to the other party (e.g. practice rooms, common areas of the college, library, cafeteria, performance centers, etc.), it is expected that you will remove yourself from that area in a respectable and timely manner and return later to complete whatever business you may need to conduct. If you encounter the other party on campus, for example, in class, at an organization function, or in the dining hall at the same time, you should be aware of and create ample physical distance between each other. You should not engage in any cross-communication in these instances.
If you share a class with the other party, you may request the issuing office to discreetly notify the professor not to pair you together for projects or class work and request that the parties not be in a position where they are critiquing each other’s work. The professor will not be given any details about the reason for the NCO.
Should you encounter the other party off campus, you should not engage in any contact. We advise you to use your best judgment: If being in the same place is bound to cause more issues, you can leave.
What If I'm not comfortable being in the same class with the other person?
Depending on the timing within the semester, our offices can advocate for a section or course change with the department chair. A section or course change may not be possible, due to many factors, but we will support the request to do so if it is in the best interest of the parties involved.
I'm part of a Title IX investigation. Do I have to have the NCO?
No, having an NCO is not required. If harassment comes from the responding party after a notice of investigation is issued, the complainant may request one. The institution reserves the right to implement an NCO at that time if it believes an NCO is in the best interest of the involved parties.
Who can I talk to that can help me decide if I want to request an NCO?
A friend of mine has an NCO with someone I share a class with. Can I request an NCO with this person?
If you are directly involved with the situation that surrounds the NCO that has been issued, perhaps. Your request would be reviewed by the office that issued the NCO to determine if it is appropriate to issue one between you and the responding party. Most often, the answer is no. Berklee orders are intended for the primary parties involved in an incident.
Can Berklee implement an NCO if I didn't ask for it?
An NCO may be issued at the institution's sole discretion, under such circumstances, including, but not limited to:
- When there are allegations, threats, and/or evidence of recent harassment or intimidation by one party to the other;
- When there are allegations, threats, and/or evidence of recent physical violence by one part against another;
- Where there is a present substantial, objective risk of severe emotional harm from continued contact between parties;
- Pursuant to the policies of the Office of Equity & Title IX and/or the Office of Community Standards and Conflict Resolution, when a party requests an NCO as a supportive measure in the course of reporting a potential violation, during the formal investigation, or as a disciplinary sanction at the conclusion of a formal investigation or disciplinary hearing.
What do I do if there's an accidental contact?
Report the interaction to the issuing office. Accidents happen, but it is best to keep the institution informed of them in case it is reported by the other party.
Is a no-contact order the same thing as a restraining/protective order?
No-contact orders differ from court-imposed restraining/protective orders and do not guarantee that parties will avoid sightings, passing interactions or being in a common location at the same time.
