Definitions

WHAT IS SEXUAL VIOLENCE?

Arizona State University defines sexual violence under the ABOR Student Code of Conduct as Sexual Misconduct:

  • Sexual violence and other non-consensual sexual contact – actual or attempted physical sexual acts perpetrated against a person by force and without consent or where a person is incapable of giving consent due to circumstances including, but not limited to: 1) use of drugs or alcohol, 2) intellectual or other disability, or 3) age.

The sexual misconduct policy also includes:

  • Sexual harassment – unwelcome conduct of a sexual nature that is sufficiently severe or pervasive as to create an intimidating, hostile, or offensive environment, or
  • Other sexual misconduct including but not limited to indecent exposure, sexual exploitation or voyeurism, or non-consensual photographing or audio-recording or video recording of another in a state of full or partial undress or while engaged in sexual activity, or publishing or disseminating such materials.

WHAT IF I CONSENT TO SOME SEXUAL ACTIVITY, BUT THEN SAY NO TO OTHER SEXUAL ACTIVITY; CAN THERE STILL BE AN ASSAULT?

Yes. ASU’s sexual misconduct policy requires consent for each and every sexual act and consent can be retracted at any time. If you decide that you don’t want to continue a sexual act with someone, and that person continues without your consent, that is sexual misconduct.

CAN I BE ASSAULTED BY MY BOYFRIEND, GIRLFRIEND, PARTNER, SPOUSE, OR ACQUAINTANCE?

Yes. Most acts of sexual violence are committed by someone the victim knows. Just because two people have had sex in the past does not mean that they have agreed to have sex at any other time. Acquaintance rape, often called date rape, is when the rapist is someone the victim knows - a date, friend, significant other, classmate or anyone else who is not a stranger. Even if the victim is in an intimate or romantic relationship with the perpetrator and he or she does not consent to the current sexual act, it is sexual assault which is a violation of ASU’s sexual misconduct policy.

WHAT ARE DATE RAPE DRUGS?

Notwithstanding the fact that alcohol is the most common date rape drug, there are several other date rape drugs that are used to make victims vulnerable to sex. Date rape drugs are colorless, tasteless and odorless so their presence in a drink is very hard to detect. Substances such Rohypnol, GHB and ketamine are slipped into a person's drink in liquid or powder form when that person is not looking. Shortly after consuming one of these drugs, the victim becomes unconscious or disoriented, loses some or all muscle control and will experience partial or total memory loss of the time the drug is in effect.

If you feel dizzy, confused or have other unusual symptoms after drinking something, you might have been drugged. Call a family member, friend, the police or 9-1-1 for help in getting to a hospital. If possible, bring a sample of the drink. Request a urine test for evidence of sedation as quickly as possible, since these drugs leave the body quickly.

WHAT IS THE RELATIONSHIP BETWEEN ALCOHOL AND SEXUAL VIOLENCE?

Over 70% of sexual assaults among college students involve alcohol. However, drinking too much does not make being sexually assaulted the victim’s fault.

Alcohol is the number one date rape drug--many sexual predators use alcohol to “loosen up” their victims for sex. It’s important to know that a person who has been drinking is not “asking” for sex or to be sexually assaulted. It’s also important to know that use of alcohol is not an excuse for committing sexual violence.

WHAT IF SOMEONE IS INCAPABLE OF GIVING CONSENT BUT STILL GIVES SIGNS OF CONSENT TO SEXUAL ACTIVITY?

You should not engage in any sexual activity with a person who has been using alcohol or drugs, or is incapacitated in any other way. This person is not capable of consenting to sexual activity, even if they seem to be a willing partner. For more information, and the full definition of consent, see the ABOR Student Code of Conduct.

WHAT ARE EXAMPLES OF CONDUCT THAT MAY CONSTITUTE SEXUAL HARASSMENT?

All cases are individually reviewed. Depending on the context and particular facts, the following conduct could constitute a violation of university policy:

  • Unwanted pressure for sexual favors
  • Sexual innuendos and comments
  • Sexually explicit questions
  • Sexually suggestive sounds or gestures such as sucking noises, howling, winks or pelvic thrusts
  • Unwanted pressure for dates: repeatedly asking a person out on a date or to have sex
  • Unwanted deliberate touching, leaning over, cornering, hugging, or pinching, stroking, or squeezing
  • A neck/shoulder massage
  • Rating a person's physical appearance or sexuality
  • Ogling or leering, staring at a woman's breast or a man's derriere
  • Frequent jokes about sex or males/females
  • Letters, notes, telephone calls, or material of a sexual nature
  • Turning work or student education discussions to sexual topics
  • Stalking a person
  • Attempted or actual sexual violence including sexual assault

 

Policies

WHAT IS THE UNIVERSITY’S POLICY ON SEXUAL VIOLENCE?

Sexual violence is a form of sexual misconduct prohibited by the ABOR Student Code of Conduct. Sexual violence is also a form of sexual harassment prohibited by ASU’s nondiscrimination policy ACD 401, applicable to all members of the university community.

WHAT IS TITLE IX AND WHO DOES IT PROTECT?

Title IX of the Education Amendments of 1972 protects individuals from discrimination based on sex in any educational program or activity operated by recipients of federal financial assistance. Sexual harassment, which includes acts of sexual violence, is a form of sex discrimination prohibited by Title IX.

WHAT ARE POSSIBLE DISCIPLINE/SANCTIONS IN RELATION TO A VIOLATION OF UNIVERSITY DISCRIMINATION POLICIES?

A student who violates the Student Code of Conduct can receive a sanction ranging from mandatory training or probation to a suspension or expulsion from the university.

Student Code of Conduct
Student Disciplinary Procedures

An employee who violates the university policy prohibiting discrimination can receive discipline ranging from mandatory education and/or counseling to termination.

ACD 401
ACD 402

DOES THE UNIVERSITY HAVE A POLICY THAT ADDRESSES “EXCUSED ABSENCES” FOR PREGNANT STUDENTS?

Yes, SSM 701-10 provides the process by which a pregnant student can request academic accommodation, including medically necessary absences.

 

Getting help

WHAT CAN I DO IF I OR SOMEONE I KNOW IS A VICTIM OF SEXUAL VIOLENCE?

Your safety is the first priority. Call 9-1-1 and make sure you are safe. The police can assist you in getting a forensic exam to collect evidence of the assault for use in an investigation. You can decide whether or not to press charges later. You should obtain medical care to treat your injuries and receive medicine to treat possible sexually transmitted infections. If you are a woman, medical care includes pregnancy testing and emergency birth control, if desired.

Take steps to preserve any evidence of the assault. Victims should not: urinate, douche, bathe, brush your teeth, wash your hands, change clothes, or eat or drink, as these actions can wash away evidence of the assault. Bring a change of clothes for the forensic exam; the clothes you wore during the assault will likely be kept as evidence.

Victims can benefit greatly by talking with a counselor. ASU Counseling Services is available on campus.

The Dean of Students Office can provide support and assistance with academic and housing needs, and to file a complaint if the incident involves another student.

The ASU Police Department Victim Advocate ensures crime victims on any ASU campus, witnesses and family members receive free, confidential support. A victim advocate can provide assistance with orders of protection, navigating the criminal justice system, victim’s rights education, emotional support and information on resources.

WHAT IF I AM ASSAULTED IN ANOTHER COUNTRY WHILE ON A UNIVERSITY-SPONSORED STUDY ABROAD PROGRAM?

You should notify your program director as soon as possible if you experience an act of sexual violence while on a university-sponsored study abroad program. If your assailant is also an ASU student in the program, you can make a complaint to the Office of Student Rights and Responsibilities through the ASU website.

CAN I SEEK HELP IF I WANT TO KEEP INFORMATION ABOUT WHAT HAPPENED CONFIDENTIAL?

Yes. Licensed health professionals at ASU Health Services and ASU Counseling Services are prohibited from sharing the information you provide them without your permission (with a few rare exceptions). All other employees at the University are obligated to report instances of sexual harassment or violations of the sexual misconduct policy.

WHAT IF I DO NOT WANT ANYTHING DONE?

It is not uncommon for victims and survivors to feel this way. It is important for you to know what services and options for reporting are available so that you can make an informed decision on what to do. Most victims benefit greatly from talking to a counselor, friends or family members. Contacting the police and getting a forensic exam leaves options open for filing charges in the future. Filing an anonymous report to the ASU Hotline by calling 877-SUN-DEVL is a way to notify the University of the incident and allows ASU to determine how to address and prevent similar experiences among students.

 

Reporting

I WAS ASSAULTED BY SOMEONE OF THE SAME GENDER. SHOULD I REPORT IT?

Yes. All cases of sexual misconduct are investigated and adjudicated in the same way, regardless of gender.

WHAT ARE THE BENEFITS OF REPORTING AN INCIDENT OF SEXUAL VIOLENCE TO THE POLICE?

The police can arrange for a forensic exam to preserve evidence of the assault, including transportation for the exam. They can provide information about victim services, and how these services may benefit you. They can inform you how to plan for your safety, including how to obtain a restraining order or order of protection. The police act to protect the victim and the community from victimization by investigating crimes of sexual violence and assisting with the prosecution of the accused.

HOW DO I MAKE A COMPLAINT IF I HAVE BEEN SEXUALLY HARASSED OR ASSAULTED BY ANOTHER STUDENT?

What has occurred could be a violation of the ABOR Student Code of Conduct. In addition to making a police report, you can file an incident report with the Office of Student Rights and Responsibilities (SRR). You may contact SRR whether or not you wish to file a report with the police. ASU’s first priority is to make sure that you are safe and that your immediate needs are taken care of. Whether you contact ASU PD or SRR, ASU will connect you with resources both on and off campus.

WHAT IF I HAVE A SEXUAL VIOLENCE COMPLAINT AGAINST A FACULTY OR STAFF MEMBER?

Sexual violence complaints against University employees can be made through the Office of University Rights and Responsibilities. You may contact them at 480-965-5057, email them at urr@asu.edu or visit urr.asu.edu..

DOES IT MATTER WHEN I REPORT THE INCIDENT?

No. You can report an incident of sexual violence to the police and/or the University at any time, regardless of when it occurred. Keep in mind that the sooner you file a report, the more likely it is that the police/University will be able to identify and speak to witnesses, and be able to conduct a meaningful investigation.

I WAS ASSAULTED BY ANOTHER ASU STUDENT. I HAVE ALREADY REPORTED THIS TO THE LOCAL POLICE. DO I ALSO HAVE TO FILE A COMPLAINT WITH ASU?

No. ASU cooperates with local police agencies when investigating but the investigation is independent of the police. You have the option to report the incident to the police, to SRR or both. You have the right to participate in the investigation as it progresses. The local police investigate your report to determine whether a crime occurred. ASU investigates to determine whether the student violated the ABOR Student Code of Conduct. Reporting to SRR is an administrative process and is not a part of the criminal investigation. If the person is found responsible for a violation of the ABOR Student Code of Conduct, it can result in sanctions including suspension and expulsion from the University.

WHAT IF I DON’T WANT TO FILE A POLICE REPORT?

Individuals who experience sexual violence may initially be undecided about filing a criminal report. By submitting a report, the police are able to collect evidence for future use. It is recommended to contact the police to file a report and also get a forensic exam, leaving options open for filing charges in the future. By contacting police early, the chances of a successful criminal prosecution are enhanced. This decision, however, is completely yours.

IF I DON’T WANT TO GO THROUGH THE UNIVERSITY JUDICIAL PROCESS AFTER FILING MY COMPLAINT DO I HAVE TO PARTICIPATE?

No. However, ASU may decide to continue with an investigation if it is determined that the safety of the community is at risk.

CAN I FILE A COMPLAINT WITH THE UNIVERSITY IF THE INCIDENT OCCURRED OFF CAMPUS?

Yes. If the incident involved another ASU student or ASU employee, the University will investigate and take appropriate action whether or not the sexual misconduct occurred on campus.

WHAT IF I DON’T AGREE WITH THE DECISION BY THE OFFICE OF STUDENT RIGHTS AND RESPONSIBILITIES?

If the Respondent received a sanction of a suspension or expulsion, the Complainant and the Respondent have the right to file an appeal within five business days of the decision. The ASU Disciplinary/Grievance Procedures outline this process.

WHAT HAPPENS IF AN APPEAL IS FILED?

If an appeal is filed, the case will be heard by the University Hearing Board, which is comprised of three members. One member must be a student and one of the other members will act as Hearing Board Chair. The Board will set a hearing date. The Complainant and the Respondent will both have the opportunity to speak and to present evidence to the Board. SRR will work with the Complainant to assess the comfort level of being present at the hearing. If a person wishes to participate remotely, accommodations will be made. After the Board hears the case, it will make a recommendation to the Senior Vice President for Educational Outreach and Student Services, who will issue a decision. Both parties will be notified of the decision. ASU Disciplinary/Grievance Procedures outline the specific information and time requirements of an appeal.

WHAT RIGHTS DO I HAVE IF I AM ACCUSED OF SEXUAL MISCONDUCT?

The University follows a written policy when investigating an allegation of sexual misconduct. If you are accused, you will be provided documentation about the process, what to expect, and resources. You will have the opportunity to meet with the investigator and to provide any information relevant to the investigation. You are not required to have an advisor, but you have the right to an advisor, who may or may not be an attorney. The ASU Disciplinary/Grievance Procedures outline this process.

If there is a finding that you have violated the ABOR Student Code of Conduct, you will be notified of that decision and the factual basis for the decision, along with the sanction. If you receive a sanction of a suspension or expulsion, you have the right to file an appeal to the University Hearing Board.

WHAT RIGHTS DO I HAVE IN THE STUDENT DISCIPLINARY PROCESS IF I AM THE COMPLAINANT?

The University follows a written policy when investigating an allegation of sexual misconduct. The ASU Disciplinary/Grievance Procedures outline this process. If you are the Complainant, you will be provided documentation about the process, what to expect, and resources. You will have the opportunity to meet with the investigator and to provide any information relevant to the investigation. You are not required to have an advisor, but you have the right to an advisor, who may or may not be an attorney.

If there is a finding that the Respondent violated the student code of conduct, you will be notified of that decision and the factual basis for the decision, along with the sanction. If the Respondent received a sanction of a suspension or expulsion, you have the right to file an appeal to the University Hearing Board. If the Respondent appeals the sanction, you have an equal right to participation in the appeals process.

WHAT IF I AM FOUND RESPONSIBLE FOR VIOLATING THE STUDENT CODE’S PROVISIONS PROHIBITING SEXUAL MISCONDUCT?

Students who are found responsible for acts of sexual misconduct according to the ABOR Student Code of Conduct are sanctioned up to and including suspension or expulsion. Students have the right to appeal a sanction of suspension or expulsion. The University Hearing Board will hear the case and recommend a decision on the findings and the sanctions to the Senior Vice President of Educational Outreach and Student Services, who will then make the final decision on the case.

I AM AFRAID TO REPORT WHAT HAPPENED BECAUSE I AM CONCERNED ABOUT WHAT WILL HAPPEN TO ME.

ASU’s ACD 401 prohibits retaliation against anyone who makes a good faith complaint under ASU’s nondiscrimination policies. The policy also prohibits retaliation against anyone who participated in the University’s investigation process. If you believe you have been retaliated against, you should immediately contact the investigator assigned to your case or you may contact the Title IX Coordinator.

WHAT IF I AM UNDERAGE BUT WAS INTOXICATED AT THE TIME OF THE ASSAULT – WILL I GET CHARGED WITH UNDERAGE DRINKING IF I FILE A REPORT?

ASU is committed to maintaining an environment where victims of sexual violence are not inhibited from reporting their experiences. In most cases, SRR will not sanction students for drug and alcohol violations if they are coming forward to report sexual violence.

IF I HAVE BEEN ASSAULTED BY A STUDENT, HOW WILL I BE PROTECTED WHILE THE INVESTIGATION IS TAKING PLACE?

Immediately after SRR receives a report involving sexual violence, SRR will determine whether interim measures need to be taken to protect either the complainant or the university community. Interim measures may include a no contact directive to the accused student (the Respondent). If any parties live in ASU Housing, arrangements can be made to move one or all involved for the safety of the community. If the parties are in the same major/class/group accommodations can be made to address academic attendance to maintain the no contact directive. In appropriate cases, the Respondent may be placed on an interim suspension and will not be allowed on any ASU owned or controlled property until the outcome of the case has been determined. ASU’s priority is the safety of all students and fairness to all parties.

IF I REPORT BEING SEXUALLY ASSAULTED BY SOMEONE LIVING IN OR NEAR MY RESIDENCE HALL, WILL I HAVE TO MOVE?

You are not obligated to move from your residence. The Dean of Students’ Office will help you determine what the best actions are in your case to keep you safe.

WHAT IF I WANT TO MAKE AN ANONYMOUS REPORT?

You can make an anonymous report to the ASU Hotline by calling 877-SUN-DEVL. You can also choose to receive confidential care and support from ASU Health Services and ASU Counseling Services.

 

Medical concerns

WHAT WILL HAPPEN IF I GO TO THE HOSPITAL; WHAT MEDICAL CARE DO I NEED?

If you go to a hospital emergency room, you will need to ask them to contact the police to arrange for a forensic examination. If you choose not to contact the police to arrange for a forensic exam, you can contact one of the Family Advocacy Centers in the Phoenix area to make arrangements to have the exam done there at another time.

Emergency care prior to a forensic exam should be provided only if necessary as it can interfere with the collection of evidence.

Medical care following incidents of sexual violence typically includes treating injuries sustained during the assault and receiving medications to treat possible sexually transmitted infections. Women are also offered pregnancy testing and emergency birth control. A follow-up medical exam should be completed 4-6 weeks after the assault to test for HIV and for sexually transmitted infections that have not been responsive to treatment.

WHAT DO I NEED TO KNOW ABOUT THE FORENSIC EXAM?

  • A forensic exam can be performed up to 5 days following the assault. However, it is important to have a forensic exam as soon as possible for the best results.
  • A forensic exam is available through several Family Advocacy Centers in the Phoenix area to collect and preserve evidence of the sexual assault. Forensic exams are performed by specially trained forensic nurse examiners.
  • Even if you have not decided to report the crime, a forensic exam can be done to collect and keep the evidence safe. The evidence can be used at a later date if you decide to file a report.
  • Family Advocacy Centers are designed to improve the reporting experience by locating many of the disciplines involved in the investigation and care of the victim in one building designed to support the investigation and care of the victim.
  • In addition to the collection of evidence, the forensic nurse examiner addresses medical needs and provides referrals for follow-up.
  • The forensic nurse examiner can also link you to an advocate who is experienced in working with victims of sexual assault and will assist with discussing the assault with the forensic nurse, law enforcement, and/or counselors.
  • If you believe you were drugged, it is important to obtain a urine sample for a complete toxicology screen as soon as possible because some drugs can clear your system within a few hours. Blood may also be collected.

WHAT DO I DO IF I SUSPECT I’VE BEEN DRUGGED AND ASSAULTED?

Get to a safe place. Call 9-1-1 and talk to the police to make a report. The police can arrange for you to have a forensic exam at a local Family Advocacy Center. Don't urinate, douche, bathe, brush your teeth, wash your hands, change clothes, or eat or drink before you go, as these actions can wash away evidence of the assault and any drugs in your system. It’s important to act quickly, because “date rape drugs” leave the system very quickly.

WHAT ACTIONS CAN I TAKE TO REDUCE THE RISK OF BEING DRUGGED?

  • Do not accept open-container drinks. Open cans and bottles yourself. If someone offers you an open can or bottle, ask for one that has not been opened.
  • Do not leave drinks unattended. Do not finish unattended drinks.
  • At a bar or club, accept drinks only from a bartender or server. If possible, watch him or her prepare your drink.
  • Do not accept drinks from anyone you do not know well and trust.
  • Know your limits and trust your instincts

 

Faculty/staff

WHAT ARE MY OBLIGATIONS IF I KNOW OF A STUDENT OR FACULTY/STAFF MEMBER WHO HAS BEEN SEXUALLY HARASSED OR SUBJECTED TO SEXUAL VIOLENCE BY A FACULTY/STAFF MEMBER?

If there has been an incident of sexual violence, strongly encourage the student to contact the police at 9-1-1. If a student notifies you that he/she has been sexually harassed you are obligated to report the incident to the Office of University Rights and Responsibilities. ASU’s first priority is to make sure that victims are safe and that immediate needs are taken care of. ASU officials will ensure that the student is connected with other ASU resources such as ASU Counseling Services and ASU Health Services as well as off campus resources.

I AM AN ASU EMPLOYEE AND AM NOT A LICENSED HEALTH CARE PROVIDER. A STUDENT CONFIDED IN ME THAT THEY WERE SEXUALLY ASSAULTED BY ANOTHER STUDENT. WHAT SHOULD I DO?

All ASU employees have a duty to report sexual violence. You should advise the student that you are obligated to report the incident to either the Office of Student Rights and Responsibilities or ASU’s Title IX Coordinator, and you should do so at the earliest opportunity. ASU employees are obligated to help protect the safety of our community. ASU will encourage the student to provide information about the assault, even if the student does not wish to make a formal complaint and does not wish to participate in the investigation. ASU will investigate the incident to the furthest extent possible with the information provided.

IF AN ASU FACULTY, STAFF OR STUDENT WAS SUBJECTED TO SEXUAL VIOLENCE BY SOMEONE OF THE SAME GENDER, SHOULD I REPORT IT?

Yes. ASU views sexual violence the same, whether the complainant is the same gender or different gender from the respondent. All cases of sexual violence are investigated and adjudicated the same way.

WHAT IF I LEARN ABOUT THE SEXUAL VIOLENCE OR SEXUAL HARASSMENT OUTSIDE OF MY REGULAR WORK HOURS, OR AT AN EVENT THAT IS NOT ASSOCIATED WITH THE UNIVERSITY?

The obligation to report an incident of sexual violence or sexual harassment perpetrated by someone affiliated with ASU is the still the same. You must report. Reporting incidents of sexual violence helps to ensure that the victim is being supported and to keep the campus community safe.

WHAT IF I RECEIVE THE REPORT FROM A THIRD PARTY, SUCH AS A FRIEND OF THE VICTIM?

ASU still requires that you report the incident to the appropriate ASU office. If the alleged perpetrator is a faculty or staff member, you must report to the Office of University Rights and Responsibilities. If the alleged perpetrator is a student, you must report to the Office of Student Rights and Responsibilities.

IF I HAVE BEEN ASSAULTED BY SOMEONE AFFILIATED WITH ASU, HOW WILL I BE PROTECTED WHILE THE INVESTIGATION IS TAKING PLACE?

Immediately after the Office of Student Rights and Responsibilities or the Office of University Rights and Responsibilities receives a report involving sexual violence, they will determine whether interim measures need to be taken to protect either the complainant or the university community. In student cases interim measures will almost always include a directive to the accused student (the respondent) to have no contact with the complainant. Arrangements can also be made if the parties share classes or other campus activities so that they don’t come into contact. In appropriate student cases, the respondent will be placed on an interim suspension and will be barred from campus pending the outcome of the investigation. In cases involving ASU employees or affiliates, the university will also take steps to make sure that the complainant is protected. ASU’s priority is the safety of all faculty, staff and students and fairness to all parties.

CAN I SEEK HELP IF I WANT TO KEEP INFORMATION ABOUT WHAT HAPPENED CONFIDENTIAL?

Yes. Please be aware that the majority of university officials have an obligation to report instances of sexual harassment or sexual violence in order to protect our community. You can seek assistance confidentially only from ASU Health Services, ASU Counseling Services or the Employee Assistance Office. These offices are staffed by licensed professionals prohibited from sharing the information you provide them without your permission (absent rare exceptions).

I AM AFRAID TO REPORT WHAT HAPPENED BECAUSE I AM CONCERNED ABOUT RETALIATION.

Individuals who make complaints are often concerned that they will be subject to retaliation by the person against whom they complained, or by other individuals. ASU policy ACD 401 prohibits retaliation against anyone who makes a good faith complaint under ASU’s nondiscrimination policies. The policy also prohibits retaliation against anyone who participated in the university’s investigation process. If you believe you have been retaliated against, you should immediately contact the investigator assigned to your case or you may contact the Title IX Coordinator.

WHAT IF I WITNESS INAPPROPRIATE CONDUCT THAT MAY BE SEXUAL HARASSMENT, BUT NOT DIRECTED TOWARD ME?

Anyone who witnesses inappropriate comments or conduct that may be sexual harassment, is strongly encouraged to contact Title IX Coordinator, the Office of University Rights and Responsibilities, or if the student is the accused, the Office of Student Rights and Responsibilities. Under ASU’s policy ACD 401, all forms of harassment should be reported immediately.

WHAT IF I BELIEVE THAT I’VE BEEN FALSELY ACCUSED OF SEXUAL ASSAULT?

If accused, you will have the opportunity to speak with the investigator. If there is evidence to establish that you have been falsely accused, that will be considered in the investigation, and the investigator’s analysis of the evidence will be provided in a written report upon completion of the investigation.

DOES ASU HAVE TRAINING AND EDUCATIONAL PROGRAMS IN PLACE FOR FACULTY, STAFF AND STUDENTS WHICH ADDRESSES THEIR RIGHTS AS A VICTIM AND RESPONSIBILITIES FOR WORKING WITH VICTIMS?

Yes. ASU has many educational programs in place such as Crime Prevention Tips, Community of Care, Consent and Respect, Healthy Relationships, the Sun Devil Support Network, etc.

 

Visa and immigration

I’VE BEEN A VICTIM OF ASSAULT, DOES MY IMMIGRATION STATUS AFFECT MY ABILITY TO ACCESS ON-CAMPUS RESOURCES?

No. Under the law, students and staff who are victims or survivors of sexual and interpersonal violence receive the same rights under Title IX of the 1972 Education Amendments (Title IX) and the Violence Against Women Act (VAWA), regardless of immigration and visa status. Information about available on-campus medical and counseling resources and the student conduct process may be found at https://sexualviolenceprevention.asu.edu/. ASU will not retaliate against you or treat you differently on the basis of reporting.

CAN I PRESS CRIMINAL CHARGES REGARDLESS OF MY IMMIGRATION STATUS?

Yes. Information about Arizona’s criminal definitions of sexual assault, domestic violence, dating violence and stalking as well as information regarding filing a criminal complaint can be found at https://sexualviolenceprevention.asu.edu/report/asupolice .

ARE THERE SPECIFIC VISA AND IMMIGRATION STATUSES FOR VICTIMS OF CRIMES?

Yes. For victims of sexual assault, domestic violence, dating violence and stalking, there may be other visa options, including U and T Visas. For specifics, talk to an immigration attorney.

U visa

-For victims of substantial physical or mental abuse as the result of certain criminal activity, including sexual abuse, domestic violence, rape, assault, or other related crimes

-Victim/applicant must be a victim of qualifying criminal activity and likely to be helpful to the investigation and/or prosecution of that criminal activity

-Generally valid for four years

-For more information, consult an immigration attorney. Also see: http://www.uscis.gov/humanitarian/victims-human-trafficking-other-crimes/victims-criminal-activity-u-nonimmigrant-status/victims-criminal-activity-u-nonimmigrant-status

T visa

-For victims of human trafficking

-Must comply with reasonable requests from law enforcement for cooperation in investigation or prosecution of trafficking act(s) (unless unable to cooperate because of physical or psychological trauma), and must be able to demonstrate that the victim/applicant would suffer extreme hardship if removed from the United States

-Generally valid for four years

-For more information, consult an immigration attorney. Also see: http://www.uscis.gov/humanitarian/victims-human-trafficking-other-crimes/victims-human-trafficking-t-nonimmigrant-status

IS THERE AN OFFICE ON CAMPUS THAT CAN PROVIDE ME ADDITIONAL INFORMATION?

Yes. Contact information for the International Students and Scholars Center can be found at https://students.asu.edu/international/issc. This Center can provide useful general information regarding immigration status. Note that for specific questions regarding changes to other visa statuses, or legal options that fall outside of standard F-1 and J-1 student visas, or an ASU sponsored employment based status, you should consult a qualified immigration attorney. In addition, students can get more information through Student Advocacy and Assistance

Visa Options

F-1 and J-1 status students

  • Options for reduced course-load approval due to medical conditions certified by a licensed medical doctor, doctor of osteopathy, or licensed clinical psychologist
  • Options for, and consequences to, withdrawing from your academic program
  • Information about returning to the academic program at a later date, if the student chooses to withdraw
  • Options and consequences for accompanying spouses
  • General information on options for changing visa status.
  • General information on U and T visas. (Referral to a qualified immigration attorney)
  • List of local attorneys who have indicated availability to consult on immigration matters

Employees with ASU sponsored employment based status

  • Options for a work leave of absence, and general information regarding consequences to your immigration status
  • Options and consequences for accompanying spouses
  • General information on options for changing visa status.
  • General information on U and T visas. (Referral to a qualified immigration attorney)
  • Referral to a qualified immigration attorney

Pending U.S. permanent residency applicant (green card not yet approved)

  • Impact of leaving your employment on your pending employer-sponsored permanent resident application;
  • List of local attorneys who have indicated availability to consult on immigration matters

WHAT IS AN IMMIGRATION LAWYER AND WHAT DO THEY DO?

Immigration lawyers are licensed attorneys who specialize in the field of immigration law. They function as the client’s advocate, and can represent them before immigration agencies, both in immigration court as well as in filing applications for immigration benefits. The lawyer can give general and specific advice and can discuss immigration options. Like all lawyers, immigration lawyers are bound by professional ethical and legal requirements, and keep client discussions confidential. It is up to you as to whether or not you wish to contact an immigration lawyer.

WHAT IF I HAVE LIMITED ENGLISH LANGUAGE PROFICIENCY, AND NEED LANGUAGE/DOCUMENTS ON THIS WEBSITE TRANSLATED?

If you have difficulty understanding the English language, you can request translation by e-mailing: TitleIXCoordinator@asu.edu