No Contact Directive Information
What is a No Contact Directive (NCD)?
No Contact Directives (NCD) are an administrative tool to assist in the restriction of communication and contact between two students (or more sometimes) during a time where there may be conflict, or a process is occurring that would be assisted in limiting cross-contamination of information. When enacted as part of a supportive measure, the NCD does not imply any judgment on the factual nature of the incident prompting this directive.
- There are times when a single-sided directive is enacted to meet the legal requirements of Title IX to stop discriminating behavior, remedy its effects, and/or prevent its recurrence.
- Single-sided directives may also be enacted as part of a sanction because of a student being found responsible for violation of college policy.
NCDs do not work like a court ordered restraining order; there may be times when you see each other in passing or are in a space (such as the library, classrooms, or cafeteria) at the same time – the prohibition is regarding initiating contact and/or communication. This directive prohibits the communication and contact made mutually between the persons and through third parties on the behalf of the students named in the order. NCDs have been successfully enacted and adhered to even when two students are in the class. The specifics of a directive will be discussed with the parties involved. There may be specific conditions placed within a directive based on the circumstances of the situation and those involved (one NCD for students may not look the same as another NCD between other students).
If there is communication/contact made in-person, through electronic means or social media, in writing, or via a third party, we want that reported as soon as possible to address and reports of alleged violations will be referred to the college conduct office. The Office of Community Life (student conduct) handles the processes for addressing allegations of violations of these directives, usually under the code of conduct related to failure to comply.
How is a NCD is different than a Restraining Order?
Civil Protection/Restraining Orders Information via Court Order
Should any student wish to pursue court ordered protections, they may do so via the County Superior Court – these are usually referred to as a restraining or protective order. There are a few different kinds of these orders, and for further information, please refer to the Contra Costa Superior Court website found at this weblink.
When known to the College, the College will provide support to the parties as it relates to their SMC-specific business and comply with court orders. Should a student obtain a protective order as it relates to a case in the Title IX office, please share this and provide documentation to the Title IX Coordinator. This will be shared and conferred upon with the appropriate campus officials to ensure appropriate compliance. For non-Title IX-related matters, please communicate with the Office of the Dean of Students.
The College does not initiate these legal processes on behalf of any student or College member. In the event a student needs support to pursue this resource, the scope of college involvement is limited, typically to assisting a student with referrals to the court and/or police station and providing emotional and mental health support resources to the parties involved.