No Contact Order FAQs

NCOs are non-punitive in nature and mutually applied. All parties, including the requester, are required to refrain from communication. NCOs are not the same as a protection order. Parties looking for a protective order from the courts should contact their county’s court system.

Anyone impacted by harassment, discrimination, and/or sexual misconduct may request an NCO to stop or prevent unwanted communication from an affiliate member of the Marshall University community. To learn more and to determine whether an NCO from the TIXO is right for you, please contact the TIXO to discuss resources and options.

No.

The NCO can be issued if there is reason to believe the order will be in the best interest of all parties and the university community. The NCO may also be imposed during the course of an investigation or as a possible resolution following a complaint. Upon imposition of a NCO, any contact will demonstrate a violation of the NCO and may result in further administrative action. The duration of a NCO is determined by the Title IX coordinator, or the student conduct administrator.

Although university imposed NCOs may provide a sense of security, it is important to understand that unlike Court Orders of Protection, university issued NCOs are not punishable by arrest, conviction, or incarceration. Rather, they are used for university administrative purposes only. Neither university NCOs or Court Orders of Protection guarantee the safety of the parties involved.

If you have already received outreach from the TIXO, contact them to learn more. If you have not already reported your concerns, submit a report here: Reporting Form. Or you can submit a Request for Mutual No Contact Order and send it to the TIXO. After an incident report or request is submitted, a member of the TIXO will contact the impacted party to discuss resources and options, including an NCO.

For information about NCOs that do not relate to protected class-based discrimination, harassment, or sexual misconduct, please contact the Office of Student Conduct or the Office of Human Resources.

NCOs prohibit direct communication and communication through third parties, for example, an NCO would prohibit verbal (e.g., face to face, video chat, or phone), written (e.g., notes, gifts, or letters), and electronic communication (e.g., direct messages, chat apps, emails, dating apps, or social media). This applies to communication both on and off campus.

NCOs do not limit the ability to be in the same space (e.g., classrooms, student organization meetings, residential facilities, dining halls, lunchrooms, breakrooms, social gatherings, university-sponsored travel, office spaces and labs). When individuals are in proximity to one another, such as in classes or the workplace, there may still be some interaction as long as prohibited communication does not occur. Behavior that is not prohibited by the NCO may still be subject to the BOG GA-3 Policy. For example, while being in the same space or looking at the other party may not violate the NCO, depending on the context (e.g., intentionally standing near the other party and/or leering at them), such conduct could be evaluated under stalking or harassment.

No. Communication required during a University hearing is not considered a violation of the NCO. The NCO is separate and apart from any legal proceedings; communication as required by the legal process would also not be considered a violation of the NCO. Please consult with TIXO if you have any questions regarding required communication.

No.

The University does not enforce NCOs on non-University property, i.e. off Grounds. Retaliation against a student off Grounds because such student reported Prohibited Conduct or participated in an investigation is not tolerated and should be immediately reported to the Title IX Coordinator at 304-696-2934 or titleix@marshall.edu. As defined by the Sexual Misconduct Policy, retaliation means any adverse action taken against a person for making a good faith report of Prohibited conduct or participating in any proceeding under the Sexual Misconduct Policy. Retaliation includes threatening, intimidating, harassing, coercing, or any other conduct that would discourage a reasonable person from engaging in activity protected under the Sexual Misconduct Policy. Retaliation may be present even where there is a finding of “no responsibility” on allegations of Prohibited Conduct. Retaliation does not include good faith actions lawfully pursued in response to a report of Prohibited Conduct.

IF YOU BELIEVE YOU ARE IN IMMEDIATE DANGER ON OR OFF GROUNDS, CALL 911.

Individuals who feel unsafe and wish to have no contact with another party off Grounds, but who are not in immediate danger, are strongly encouraged to contact local law enforcement about options, such as obtaining a Protective Order or other safety planning.

If you believe that the NCO has been violated, please submit an Incident Report with the following information:

• The date, time and location of the incident
• What happened
• Who was involved
• Are there any new safety concerns
• Any evidence of the reported contact

Violations of an NCO will be referred to the appropriate student or employee conduct process for enforcement.

Anyone can report a violation of the NCO, including third parties who are not listed in the NCO. In the event of immediate safety concerns contact Marshall University Police Department (MUPD) at 304 696 HELP(4357), call local law enforcement, or in an emergency call 9-1-1. 

After a reported violation, the appropriate student or employee conduct process staff member will discuss potential next steps with the impacted individual.

A violation of the NCO is a failure to comply with a university directive and may result in sanctions.

The TIXO only issues NCOs related to possible protected class harassment, discrimination, and sexual misconduct. However, other offices (e.g., Office of Human Resources, and the Office of Student Conduct), may be able to provide NCOs separate and apart from TIXO’s processes.

You can still request an NCO from the TIXO by submitting a report here: Reporting Form. Or you can submit a Request for Mutual No Contact Order and send it to the TIXO. After an incident report or request is submitted, a member of the TIXO will contact the impacted party to discuss resources and options, including an NCO.

An NCO is a written directive offered through the TIXO. The purpose of the NCO is to stop all communication between two or more parties, with the goal of helping parties move forward in a helpful and successful way. NCOs are often issued when one party wishes to have no further communication with another party, or when the University determines that two or more people need to have no further communication due to alleged prohibited conduct or other safety concerns. A NCO is not a finding of responsibility, and it does not mean that either party is in trouble. If one party reports a violation of the NCO, the University (Student Conduct) will investigate the report and recommend some type of sanction if it determines a party violated the directive.

A Protective Order (PO) is a legal order given by the court system when there has been a determination of some type of safety risk posed by one person against another person (e.g., if there is a report of domestic violence, and one party has been arrested). The University cannot issue an PO, as it must be sought through the court system. An PO has criminal legal consequences if it is violated.

If a student or employee has an PO against another party, the TIXO encourages the individual to notify the Marshall University Police Department since they have jurisdiction over the campus. The West Virginia Supreme Court of Appeals Website has information about POs, including links to Personal Safety Forms and Domestic Violence Forms. If you need help obtaining an PO, Branches and CONTACT located off campus can assist.

First, No Contact Orders (NCOs) are MUTUAL and are enforced through the Marshall’s Office of Student Conduct or conduct processes. NCOs typically involve three parties; the two with a conflict and Marshall. A NCO is not one-sided; it is mutual. Both parties are restricted from communication, places, and interactions with one another. Even if one individual “files” a NCO, what they are ideally doing is making a request for Marshall to review and approve the need for a mutual NCO between both parties. The NCO is not “against” the opposing party, but rather “with” another party; it includes both parties and Marshall.

Simply requesting or having an NCO request approved does not imply any judgment regarding the factual nature of the incident. Neither party is deemed responsible for any violation of the Marshall’s policies. An NCO is a support measure rather than a disciplinary process; however, if a NCO is violated, the violation is handled through the appropriate discipline office.

When requests are approved, the expectation is that both individuals will refrain from approaching one another at any time; calling one another at any time; send via email, campus or regular mail anything to one another; contacting or communicating with one another – including through a third party – in any way at any time; entering each others residence halls at any time; and entering each other’s Greek Houses where official membership is held – at any time. It is rare that a NCO is not approved, but each approval is on a case-by-base basis.

If you are a faculty or staff member who learns from a student or colleague that there is an active NCO in place, then you are welcome to work with the party(ies) on what is best for them. There is no requirement beyond ensuring that both parties are not placed in a position where they must make contact with one another. Please know that both parties can be in the same place at the same time, so long as they follow the stipulations of their order (i.e. no verbal or physical contact with each other or through other parties or mediums). The measure is always for support and is not an indication that either party is at fault. It is also not an indication that either party is accused or responsible for a violation.

NCOs are issued for four, six, or twelve months. Either party can request an extension of the NCO prior to it expiring. Either party can contact TIXO and request lifting or modifying the NCO.

Contact the TIXO if you are, or anticipate being, required to speak to the individual(s) to complete your essential job functions or coursework. In such circumstances, it is possible to outline approved exceptions.

No. Both parties must be informed of all stipulations of an NCO so that they can refrain from contact with the other party.

Individuals involved in the NCO will be notified via email. Additional individuals such as a manager or instructor may be notified if the NCO impacts the required job or educational function.

Yes. When requesting an NCO, please provide the TIXO with names and details of each party’s involvement with the concerns related to protected class harassment, discrimination and sexual misconduct.

No. NCOs must be issued to an individual and not to an entire organization or office.

NCOs are non-punitive, and all requests are reviewed to preserve access to education and employment for all parties. If there are concerns that the NCO may limit your access to education or employment, you can appeal the supportive measure by filling out the Request to Extend, Dismiss, or Modify Mutual No Contact Order and submitting it to the TIXO.