Interim Suspension, No Contact Orders and Other Administrative Actions

Part 4.

4.1 The status of a respondent will not be changed while a case is pending, unless the Director of Community Standards, or a designee, in consultation with the Dean of Students, or a designee, determines that an interim suspension or other measures are required to promote the safety and well-being of the University community. Interim suspension limits a student’s ability to be physically present on University property, participate in classes, and/or participate in University activities.

4.2 The Dean of Students or a designee may interim suspend a student or take other appropriate actions to protect the safety, security, or well-being of all members of the University community. Absent extenuating circumstances, within five (5) business days, a student will be notified of tentative student conduct charges. Tentative charges are subject to change depending on the information gathered during an investigation. If tentative charges are filed, all efforts will be made to investigate the incident further and proceed with the student conduct process in a timely fashion.

4.3 A student who is suspended on an interim basis or subject to other interim safety restrictions or measures will be given the opportunity to be heard by the University Appeals Board. Such a request must be made by the student within thirty (30) University business days of the notice of the interim suspension or other measures. The University Appeals Board will hear the case on the merits of the decision to impose the interim suspension or other measures within three (3) University business days of receipt of the student’s written request for a hearing. The decision will be confirmed within three (3) days of the hearing. If no such request is made, the interim suspension or other measures will remain in effect pending a hearing or informal resolution meeting on the merits of the conduct case, or until the safety or security concern is resolved. All recommendations of the University Appeals Board reviewing the outcome of an interim suspension or other measures are confirmed by the Senior Vice President for the Student Experience or a designee, and when confirmed, the decision is final and no further review of the interim suspension status is available.

4.4 Where an interim suspension or other measures are imposed in a case involving the arrest of the respondent, the University may require the associated criminal matter to be resolved in full prior to the pending conduct case being heard on its merits. In cases of sexual misconduct, the University may be required to proceed with the conduct case prior to resolution of an associated criminal matter. In circumstances where a criminal matter remains pending or in other unusual circumstances, including those described in Part 3.9 and Part 6, students who still seek to have their case heard on the merits must file a written request for a meeting before the Director of Community Standards, or a designee, who will attempt an informal resolution. If informal resolution agreement is not reached, the Director of Community Standards will determine if the case will be referred to a University Conduct Board, Administrative hearing officer, or held until the criminal case concludes. This determination will be made on case-by-case basis.

Unless modified pursuant to Part 13.1 of these procedures, University Conduct Board Hearings will conform substantially to the procedures outlined at Parts 9 through 12 herein. The results of the proceedings may be appealed in writing to the University Appeals Board in accordance with Part 12.1 of these procedures.

4.5 Investigative status is an interim measure that is imposed on a student organization to protect the safety, security, or well-being of all members of the University Community. A student organization placed on Investigative status is prohibited from engaging in any organizational activities until a full investigation and any resulting conduct complaint are concluded. Please see Part 7 for more information about the Investigation Process.

4.6 In certain circumstances, a Temporary No Contact Order (NCO) may be issued by the Department of Public Safety, Student Living, or the Title IX Officer, also known as the Title IX Coordinator, as a temporary directive to prohibit communication to, or among, designated students when there is reason to believe that continued contact is not in the best interest of the involved students to promote their safety and security, or to prevent future negative interactions between the students.

4.7 No Contact Orders prohibit all forms of contact including, but not limited to, contact via social media, contact via a third party and/or in person contact.

4.8 If a No Contact Order is issued, both parties will receive a written copy of the Order and both parties are expected not to have contact with one another. No Contact Orders impose mutual restrictions on the parties.

4.9 Temporary No Contact Orders will be reviewed by the Director of Community Standards, or a designee, within two business day of its issuance. The Director, or designee, will determine if there is a need to continue the order, amend the order, or remove the order. Both parties will be notified in writing of the decision of the Director, or the designee.

4.10 No Contact Orders issued by Community Standards remain in place unless or until amended or rescinded by the Director of Community Standards, or a designee, upon appeal as outlined in Section 4.10, or by the University Conduct Board or by the University Appeals Board after the adjudication of a conduct case as appropriate.

4.11 No Contact Orders may be removed or amended through an appeal to Community Standards. In the event of an appeal, either involved student may submit a written request to have the No Contact Order removed or amended. The letter must include:

a. A description of the events resulting in the No Contact Order being issued.

b. Names of those listed on the No Contact Order.

c. Reasons why the No Contact Order should be removed or amended.

d. Plans to prevent any negative incidents from occurring between parties listed in the order.

e. Communication of the understanding that Syracuse University is not responsible for negative behaviors that may result from removal or amendment of the No Contact Order if the individual requesting the removal or amendment of the No Contact Order is the person who requested its issuance.

When an appeal has been filed, the other party will be permitted to respond in writing, specifically addressing the issues raised in the appeal, within three (3) business days after the appeal has been made available. Responsive submissions must not be more than ten (10) pages, double-spaced, using 12-point font and 1-inch margins (not including attachments.) Any responsive document will be forwarded by Community Standards to the appealing party.

No Contact Orders will not be considered for removal or amendment if all elements of the written appeal are not addressed or if there is evidence of the potential for future negative incidents between listed parties.

4.11 Violations of No Contact Orders by either student may result in the student’s suspension on an interim basis, or Code of Student Conduct charges.

4.12 No Contact Orders are not part of a student’s conduct file unless there is a related conduct case filed with Community Standards.