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Restrictions And No Contact Orders
Schools must quickly respond to any sexual assault case by order of the U.S. Department of Education. They will issue a “no contact order” and restrictions to keep the accuser and accused separate in order to ensure the safety of all parties involved. This order places binding restrictions on the accused, whether or not they are guilty. With the threat of federal funding loss and possible retaliation by an accused student, a university will no doubt place heavy interim restrictions.
How do They Enforce The Orders?
The accuser will not be restrained in whereabouts or interactions, but the accused will suffer crippling restrictions. This is obvious and understandable considering the stakes for the victim. Shared housing or dorms can make retaliation easy and increase the possibility if restrictions weren’t in place. The unfortunate consequence is that the accused is presumed guilty and every aspect of their life can be compromised. Attending classes, eating, studying and even living in their quarters can be drastically changed. The accused will often feel punished before they even get a chance at a hearing.
No Contact Orders and How They are Used
No contact orders have been proven to be confusing and and even problematic when they aren’t enforced in the right way. Though they limit the chance of retaliation for the victim, they are often not handled correctly. Violating a no contact order can be devastating to your case, so you need to make sure the following are done by Title IX resources:
- Any consequences for violating an order must be stated clearly
- Clearly list the order’s limitations (limited to on-campus interaction or does it have the same magnitude as a court issued protective order?)
- The exact time period for the order must be listed
- Who may obtain a subsequent no contact order must be clearly listed (even the accused should be offered an option for a no contact if needed)
- Clearly state whether an order is only enforced upon request, or if it is automatically granted
Manchester & Associates Defense
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