A No Contact Directive (NCD) is a supportive measure that may be requested by parties after a report to the Office of Institutional Equity (OIE). They are intended to restrict communication and restore access to education and/or employment.
What is a NCD?
NCDs are non-punitive in nature and mutually applied. All parties, including the requester, are required to refrain from communication. NCDs are not the same as a protection order. Parties looking for a protection order from the courts should contact their county’s court system.
Who can request a NCD?
Anyone impacted by harassment, discrimination, and/or sexual misconduct may request a NCD to stop or prevent unwanted communication from an affiliate member of The Ohio State University community. To learn more and to determine whether a NCD from the OIE is right for you, please contact an OIE Civil Rights Intake Coordinator to discuss resources and options.
How do you request a NCD?
If you have already received outreach from a Civil Rights Intake Coordinator, contact them to learn more. If you have not already reported your concerns, submit an incident report here. After an incident report is submitted, a Civil Rights Intake Coordinator will contact the impacted party to discuss resources and options, including a NCD.
For information about NCDs 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.
What conduct does a NCD apply to?
NCDs prohibit direct communication and communication through third parties, for example, a NCD 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.
NCDs 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 NCD may still be subject to the Non-Discrimination, Harassment, and Sexual Misconduct Policy. For example, while being in the same space or looking at the other party may not violate the NCD, 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.
Does a NCD prohibit me from participating in university or legal proceedings with the individual?
No. Communication required during a university hearing is not considered a violation of the NCD. The NCD is separate and apart from any legal proceedings; communication as required by the legal process would also not be considered a violation of the NCD. Please consult with OIE if you have any questions regarding required communication.
What should I do if I suspect a violation?
If you believe that the NCD has been violated, please send an email to your assigned Civil Rights Intake Coordinator and submit an incident reporting form 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
Anyone can report a violation of the NCD, including third parties who are not listed in the no-contact directive. In the event of immediate safety concerns contact Ohio State University Police Department (OSUPD) at 614 292-2121, call local law enforcement, or in an emergency call 9-1-1.
What happens after a reported violation?
After a reported violation, the Civil Rights Intake Coordinator will discuss potential next steps with the impacted individual.
A violation of the NCD is a failure to comply with a university directive and may result in sanctions.
Can I receive a NCD for conduct that is not discrimination, harassment, or sexual misconduct?
The OIE only issues and enforces NCDs related to possible protected class harassment, discrimination, and sexual misconduct. However, other offices (e.g., OSUPD, Office of Human Resources, and the Office of Student Conduct), may be able to provide NCDs separate and apart from OIE’s processes. Violations should be reported to the issuing office.
What if I already have a NCD from another office?
You can still request an NCD from OIE by contacting your Civil Rights Intake Coordinator.
What is the difference between an OIE NCD and a Protection Order from the court?
An OIE NCD is a supportive measure requested by a party. NCDs are university directives intended to restrict communication and restore access to education and/or employment. NCDs are mutual and do not have proximity limitations for either party. Reports of violations of a NCD issued by the OIE will be reviewed and adjudicated through the administrative processes as outlined in the OIE Process Standards.
A Protection Order is a court order prohibiting specific contact and/or proximity. Individuals who have a Protection Order after an incident of harassment, discrimination, sexual misconduct, stalking or relationship violence should share a copy of the Protection Order with the Civil Rights Intake Coordinator and OSUPD for record keeping. Violations of Protection orders should be reported to the issuing authority. To learn more about Protection Orders, visit the Columbus City Attorney’s Office website: https://city-attorney.columbus.gov/prosecution-guidetoprotection.aspx.
How long do NCDs last? Can a NCD be removed?
NCDs remain in effect until the parties are no longer affiliated with the university. Either party can contact OIE and request lifting or modifying the NCD.
What if I am required to speak to the person with whom I want a NCD?
Contact your Civil Rights Intake Coordinator 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.
Can I request a NCD without sharing my name?
No. Both parties must be informed of all stipulations of a NCD so that they can refrain from contact with the other party.
Who will be notified of my NCD?
Individuals involved in the NCD will be notified via email. Additional individuals such as a manager or instructor may be notified if the NCD impacts the required job or educational function.
Can I have NCDs with multiple parties?
Yes. When requesting a NCD, please provide your Civil Rights Intake Coordinator with names and details of each party’s involvement with the concerns related to protected class harassment, discrimination and sexual misconduct.
Can I have a NCD with entire organizations or offices?
No. NCDs must be issued to an individual and not to an entire organization or office.
What if I don’t agree with the NCD?
NCDs are non-punitive, and all requests are reviewed to preserve access to education and employment for all parties. If there are concerns that the NCD may limit your access to education or employment contact your Civil Rights Intake Coordinator to discuss possible exceptions.