No Contact Orders Give Students an Alternative to Title IX Investigation

In a time when you feel as though you have lost control, being able to make decisions for yourself going forward makes all the difference. This is especially true for survivors of sexual assault. According to the University of Michigan’s guide to Helping a Survivor of Sexual Assault, “You can provide information and options for the survivor, but always let the survivor make their own decisions. Many survivors feel a deep sense of disempowerment as a result of being violated. Therefore, it is important to help the survivor feel empowered”.[1] Although at times it can be frustrating to loved ones, sometimes the best decision a person in this situation can make is to not report what happened to them. In 2014, the Huffington Post reported that 4 out of 5 college rape victims know their assailant, making them less likely to report the crime.[2] Even for those who don’t, horror stories about the process of reporting, the months of investigation, and the low conviction rates can be dizzying.

After an uncomfortable situation earlier this semester, I came face to face with the decision to either report or not. I was confused. I hadn’t been physically assaulted, but I was locked in a room, felt incredibly unsafe, and knew what had happened never should have. How do you go about this? Do I report it, and risk the uphill battle of proving what I knew was true? Did this boy really deserve to be kicked out of school for something that could have happened, but didn’t? I was scared, confused, and still trying to make sense of the events of the night before. If I talk to him and allow him to apologize, am I condoning the behavior? Am I perpetuating rape culture if I don’t report? Will this happen to someone else and could my story change the outcome for them?

My head spun for days with these questions. I wanted to do not only what was best for me but what was fair to him, and what was best for the community as a whole. After talking to both of my parents, I decided I wanted the school to be aware of the aggressive behavior of this individual, but the last thing I wanted was to deal with an investigation and conduct hearings. What I didn’t know was that that option existed, as did a “no contact order.” My school’s code of conduct lists a victim or, “any member of the University community who alleges that a student violated their rights”[3] as being entitled to (among other things): a) “decline or opt to participate in any conduct investigation or proceedings,” and b) “request that a No Contact Order be issued.”

I didn’t feel that the actions against me that night rose to sexual assault, but I did know I felt scared of this individual. I couldn’t tell if I was scared based on past experience, knowledge of things that had happened to other people around me, or if I had legitimate reason to be fearful for my safety. With the “no contact order” option, I was able to tell someone about what had happened to me without putting myself through an investigation, and without making this incident the sole reason someone loses their opportunity to receive an education at this school. While each university is different, the idea is that a “no contact order” prevents either party from reaching out to the other directly or indirectly. This measure made me feel safe while I decided if I wanted to take further action. Although I did not take further action, the “no contact order” will be in place as long as we are both students here. This step taken by my university and many can act as a comforting option for those who do not want to pursue an investigation or criminal charge but want to feel safe on their campus. The system is far from perfect, as outlined in this article by the Huffington Post, but it is, in my eyes, a step in the right direction for treatment of sexual misconduct cases.

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[1] “Sexual Assault Prevention and Awareness Center.” What Is Sexual Harassment? | Sexual Assault Prevention and Awareness Center, sapac.umich.edu/article/47.

[2] O'Connor, Lydia, and Tyler Kingkade. “If You Don't Get Why Campus Rape Is A National Problem, Read This.” The Huffington Post, TheHuffingtonPost.com, 24 June 2016, www.huffingtonpost.com/entry/sexual-assault-explainer_us_5759aa2fe4b0ced23ca74f12.

[3] https://conduct.tulane.edu/conduct-process/student-rights