Laws and Regulations



Staying in Status: It's the Law

Like all nations, the United States has laws governing foreign nationals residing within its borders. It is the responsibility of each nonimmigrant in the U.S. to know the rules governing maintenance of his or her legal status.

A strict U.S. law introduced in 1996 penalizes nonimmigrants who "overstay" their period of authorized stay by imposing a variety of sanctions, the most serious of which is a visa bar from re-entry to the U.S. for up to ten years. "Overstays" include staying beyond the expiration date of the visitors' immigration documents, e.g., Form I-20 or IAP-66, as well as staying in the U.S. after certain other types of violations of status. This is an extremely serious matter, and failure to constantly monitor your nonimmigrant status and documents could unintentionally result in an unwanted interruption or cancellation of your academic program in the U.S.

You may be confused by the many forms, numbers, and deadlines, but if you understand and meet the following essential requirements, you will be able to maintain your legal status in the United States:

Keep your passport valid at all times.

If you are an F-1 or J-1 student, maintain full-time student status.

Report a change of address to the Center for International Faculty and Student Services, the Registrar, and the INS within 10 days of your move.

Carry your passport and U.S. immigration documents with you when you leave the campus community.

Be sure your documents are in order before traveling abroad.

Complete all necessary procedures before transferring to another school.

Do not work without authorization from U.S. Immigration and Naturalization Service or the Center for International Faculty and Student Services as required.

Pay your income tax. If you had no income during the previous year, file Form 8843.

Enforcement of U.S. Immigration Law is the responsibility of the U.S. Immigration and Naturalization Service (INS). The addresses of the INS office having jurisdiction over the New Brunswick area is 970 Broad Street, Newark, NJ 07102, although most applications are mailed to the Vermont Service Center, 75 Lower Welden St., St. Albans, VT 05479. In addition, oversight of regulations pertaining to the stay of exchange visitor program participants (those in J status) is the responsibility of the United States Information Agency (USIA), 301 4th Street, SW, Washington, DC 20547; telephone (202) 619-4700.

Any time you have a pending transaction or a question regarding your immigration or exchange visitor status, see your international student adviser at the Center for International Faculty and Student Services. Do not assume that the advice of friends or colleagues on immigration matters is correct; though your friends may be trying to help you, unless they practice immigration law as a profession they are not likely to understand the many complexities of the laws that govern your own unique situation and immigration status.

 

Travel Documents

Passport

Your passport is your basic travel document, a formal permit from your government to travel abroad and return to your country. It is also your primary form of identification outside your home country. Your passport must be valid at all times. It can be renewed at your consulate in New York City or your embassy in Washington, D.C. For precise information about procedures and fees, you must contact either of these agencies directly. Addresses and telephone numbers of consulates in New York are available by calling telephone information for New York City (dial 212-555-1212).

If you lose your passport, you must apply for a new one through your consulate or embassy. (Presenting a xerox copy may expedite the replacement.)

Visa

The visa is issued and stamped in your passport by an American consul outside the United States. The visa authorizes you to enter -- but not to remain in -- the United States, and indicates your designated status, e.g., F-1, J-1, F-2, etc. The visa has an expiration date and may be valid for one, two, or an unlimited number ("multiple") entries. However, this visa is considered void if you remain in the United States "unlawfully," that is, beyond your period of authorized stay. For F-1 students holding a valid I-20, authorized stay ends sixty days following completion of their studies or completion of authorized practical training. For J-1 students holding a valid IAP-66, it ends after thirty days following completion of the program of study or academic training. (A "valid" I-20 or IAP-66 means that the document has not yet expired and that you are pursuing the program noted on form.)

If you have overstayed or otherwise violated your status by not complying with regulations, all future visas you may need to reenter the U.S. may be applied for only American consulate or embassy in your home country. If your overstay is more than 180 days but less than one year, regulations will bar you from reentry to the U.S. for three years. If you remain unlawfully in the United States for over a year, regulations will bar you from reentry for ten years.

It is neither necessary nor possible to renew your F or J visa to remain in the United States, but if you travel abroad, other than to visit Canada or any of the islands adjacent to North America for less than 30 days, you must apply for a new visa at an American embassy or consulate outside the United States or in your own country as indicated above.

The duration of a visa stamp has no bearing on one's authorization to remain in the United States. Permission to remain is designated on the Form I-94, I-20 and IAP-66.

New Regulations Concerning Unlawful Presence and Overstay

This chapter has already referred several times to a 1996 immigration law that, for the first time, imposed specific and severe penalties on nonimmigrants (including F-1 and J-1 students) who "overstay" or remain "unlawfully" in the U.S. It is absolutely critical for you to know the regulations and procedures you must follow in order to remain in legal status in the U.S. If you have any questions, or if you accidentally find yourself in possible violation of your status, consult with your international student adviser immediately. If you are not certain that you are in status, do not depart the U.S. without first speaking with your international student adviser!

Arrival/Departure Record (Form I-94)

The Arrival/Departure Record (Form I-94) is the white card issued to all nonimmigrants by a U.S. immigration official at the port of entry to this country. This form indicates that admission to United States has been granted for a specific period of time and for a specific purpose, which is outlined on the visa certificate, the I-20 of F-1 students or IAP-66 of J-1's. Except when submitted to the INS for processing, the I-94 must be stapled into your passport at all times. When you leave the United States for any purpose other than a visit to Canada or an adjacent island for a period less than 30 days, you surrender the I-94 before departure. A new I-94 is reissued to you when you return. Before leaving the inspector's window you should make sure the I-94 has been stamped with the date of entry and marked "F-1" and "D/S" or "J-1" and "D/S." If the inspector enters a departure date on the I-94, you must contact the center immediately upon your arrival in order to secure assistance with its conversion to D/S.

If you lose your I-94, notify your international student adviser at once and apply for a replacement by filing form I-102 with the INS. The fee for replacement is $ 65, and it is helpful to submit a xerox copy of the lost I-94 if possible.

D/S (Duration of Status)

It is important for F-1 and J-1 students and their F-2 and J-2 dependents to understand the notation "D/S" on the I-94 and the I-20ID (Student Copy) or the IAP-66 (pink copy). This abbreviation stands for "Duration of Status" and signifies that students are in status as long as they pursue a full course of study, comply with INS and USIA regulations when they transfer schools or begin another academic program, apply for extensions of stay if required to do so, and do not violate any of the terms of their nonimmigrant status. Violations of regulations, such as illegal employment or part-time study, result in automatic loss of status. Duration of Status means the period during which the student is pursuing a full course of study in the educational program and at the institution which is named on the I-20, and any periods of authorized practical/academic training, plus a designated period of time (60 days for F-1 students, 30 days for J-1 students) within which to depart from the United States. During that designated period, students may apply to move to another educational level, transfer schools, or change to another nonimmigrant status. No employment is permitted during this period if the student intends to leave the United States rather than continue in another educational program.

Duration of status also means that your authorized stay in the United States comes to an end with the completion of your studies, no matter what end date may have been printed on your I-20 or IAP-66. On-campus and off-campus employment authorization for reasons of economic necessity as well as part-time practical training become invalid on the date of completion. Students interested in employment in their area of specialization need to obtain necessary information in the center by the date of completion, or, preferably, 3-4 months before completion.

Please also note that "the date of completion" cannot be postponed by postponing one's application for the diploma, nor does one's graduation date necessarily coincide with "completion date" for all students.

Form I-20ID (Student) Copy (F-1 Students Only)

Page 3/4 of your Form I-20 A-B, most often referred to as an I-20, is your "I-20ID (Student) Copy," or simply your I-20ID. Retain the I-20ID and carry it in your passport. This document enables you to re-enter the U.S. if it is endorsed by an international student adviser at the Center for International Faculty and Student Services within six months before you reenter and there has been no change in your academic program or source of support since it was issued. Unlike the I-94, the I-20ID is not surrendered when you leave the U.S.; it must be presented to a consular official overseas if you need to apply for a new visa (along with new financial documentation) and at the port of entry upon your return.

The I-20ID accumulates a record of all changes in your student status, e.g., transfer of schools, extensions of stay, application for work permission, and practical training.

You are also required to retain any previous I-20s issued to you, regardless of whether they are still valid.

If you lose your I-20ID, request a new I-20 A-B/I-20ID from the Center for International Faculty and Student Services.

IAP-66 (J-1 Students)

The pink page of the Certificate of Eligibility for J-1 status, Form IAP-66, is the exchange visitor's copy. Retain this copy and carry it in your passport. This document enables you to re-enter the U.S. if it is endorsed by an international student adviser at the Center for International Faculty and Student Services prior to your departure and there has been no change in your source of support since it was issued. Unlike the I-94, the IAP-66 is not surrendered when you leave the U.S.; it must be presented to a consular official overseas if you need to apply for a new visa and at the port of entry upon your return. You are also required to retain any previous IAP-66s issued to you, regardless of whether they are still valid.

 

Immigration Regulations

Full Course of Study

International students on F-1 and J-1 visas are required by federal regulation to pursue a full program of study, defined at Rutgers as enrollment for and completion of at least 12 credit hours each semester. Graduate students may carry fewer credits after they have completed required courses and are working on a thesis. When you reach this point, obtain an Academic Adviser's Report form from the Center for International Faculty and Student Services, have your adviser or department chair fill out the second section, and return the completed form to the center for placement in your file.

Exceptions are permitted only for students who for valid academic or medical reasons need to take fewer than 12 credits and for students in their final semester who need fewer than 12 credits to graduate. Students who believe they qualify to take a reduced course load must consult the Center for International Faculty and Student Services. Failure to obtain the approval of your international student adviser to register for fewer than 12 credit hours may cause you to be out of status with the INS.

Change of Address

If you change your off-campus address or move from a university residence hall to an apartment off campus, you must report your new address to the Center for International Faculty and Student Services, the University Registrar, and the INS.

Extension of Stay

F-1 Students

Immigration regulations require all eligible F-1 students who do not graduate by the date noted in Item 5 on the Form I-20 to obtain an "extension of program" prior to that date.

Students who fail to obtain an extension of program are out of status and therefore ineligible for F-1 benefits such as employment on or off campus, transfer of schools, and change of academic program. Students are eligible for an extension of program if they have pursued a full course of study (defined as the successful completion of 12 credit hours each semester), are otherwise in status, and can document valid academic reasons for needing more time to complete their studies.

This regulation renders necessary that all F-1 students who will not graduate by the date noted in Item 5 of the Form I-20 contact the Center for International Faculty and Student Services before that date to undertake the process of applying for an extension or, if the I-20 has expired, for reinstatement to F-1 status.

F-1 students must also obtain a new Form I-20 when they progress from a bachelor's to a master's program, from one master's program to another, or from a master's to a Ph.D. program.

J-1 Students

J-1 students must apply for an extension of stay if they are continuing in the same Exchange Visitor Program beyond the end date noted in Item 5 of Form IAP-66. J-1 students who will not complete their academic program by date noted in item 5 must contact the Center for International Faculty and Student Services before that date for instructions and assistance in obtaining authorization to remain in the United States.

In addition, J-1 students must obtain a new Form IAP-66 when they progress from one academic program to another, e.g., from a nondegree to a degree program, from a bachelor's to a master's program, or from a master's to a Ph.D. program. J-1 students are permitted to begin only new academic programs which are consistent with their original program objective

School Transfer

Any time an F-1 student enrolls in a school other than the one last authorized by the immigration service without reentering with the I-20 of the new school, the student's new school must notify INS of the transfer of schools by mailing page one of the I-20 to INS. Information on this process may be obtained by picking up the form "Transferring From Rutgers" at the Center for International Faculty and Student Services and see an international student adviser before leaving the university. The international adviser at the new school must be contacted immediately upon enrollment there.

J-1 students planning to attend another school must obtain a Form IAP-66 from the new school and bring the form to an international student adviser at the Center for International Faculty and Student Services for a signature authorizing release from Rutgers' exchange visitor program. Then return the IAP-66 to the new school for a responsible officer there to complete the transfer process.

Employment: on the Rutgers Campus

To work on campus students must be enrolled full time and must be making satisfactory progress toward their degrees. The United States places restrictions on employment eligibility based on immigration status:

F-1: may work on campus for up to 20 hours while school is in session, full time during vacation periods

J-1: may work on campus for up to 20 hours while school is in session, full time during vacation periods provided the program sponsor who had issued the IAP-66 has issued a letter of permission.

J-2: may apply for employment authorization to INS and may work at any job for any number of hours upon receipt of the employment authorization.

F-2: may not work under any circumstances even if enrolled as a student (same is true for E-2, H-4, and L-2 visa holders)

Employment: Off Campus

F-1 Students

F-1 students are eligible for off-campus employment if they are in good academic standing and have been in F-1 status for at least one academic year or nine months. Students may work 20 hours or less per week while school is in session and any number of hours between semesters. On-campus employment is included in the 20-hour total.

There are two types of off-campus employment authorization for F-1 students:

1) Employment authorization based on severe economic necessity: Students may apply for authorization to work if the employment is necessitated by an unforeseen change in their economic circumstances. This benefit is available to students who can document severe economic hardship arising after entry to the United States. Assistance with the application and the recommendation of the international student adviser is required. Attendance of an information workshop is prerequisite for assistance and recommendation. Employment may be commenced only after student has received the Employment Authorization Document from the INS.

2) Practical Training (see next page). Students interested in gainful employment off campus that provides experience in their field of study must attend an information workshop about 2-3 months before they plan to commence employment.

F-2 Students

Individuals in F-2 status are not eligible to apply for permission to work on or off campus even if they are enrolled students.

J-1 Students

J-1 students must have written permission from the responsible officer of their exchange visitor program to work off campus (i.e., from the office that issued their IAP-66.) Employment outside the university may be authorized for "Academic Training" (see below) or in cases of severe financial need, and if authorized, may not exceed 20 hours per week while school is in session but may be full time during vacation periods. Such authorization is given in the form of a letter to be carried in the passport with the IAP-66 and I-94.

J-2 Dependents

Individuals in J-2 status may apply to the INS for permission to be employed if it can be established that they have a need for additional income and will not use their income to support the J-1 principal. INS permission is needed for any employment, including on campus, even if the J-2 visa holder is a student.

All nonimmigrant students, regardless of immigration status, are urged not to undertake any type of employment without first checking with the Center for International Faculty and Student Services. Unlawful employment is a serious offense which results in immediate loss of legal status and may lead to deportation.

Employment: Practical/Academic Training

F-1 Students

F-1 students are permitted to engage in practical training, that is full- or part-time work off campus, if the work to be performed is related to the field of study and is commensurate with the level of study. There are two types of practical training:

1) Curricular Practical Training: This refers to employment which is related to a student's curriculum, whether required for completion of degree or for which academic credit is given. Because authorization is given by the designated school official on page 4 or the student's I-20, the Employment Authorization Document is not required. Note: students who receive twelve months of curricular practical training are ineligible for any optional practical training following completion of studies.

2) Optional Practical Training: This type of authorization is issued for employment in order to enable the student to gain experience in his/her fields of study without acquiring any academic credit. The job assignment must be directly related to a student's studies. A total of 12 months of employment will be authorized by the Immigration Service, which may be used during the school year part time (or up to 20 hours per week), or full time during vacation, after the completion of graduate course work, or upon completion of studies. Two semesters of full-time study in F-1 status is a prerequisite.

Optional practical training is recommended by the designated school official and authorized by the INS; the Employment Authorization Document is required. Note: periods of optional practical training taken prior to completion of studies are deducted from the amount of practical training available after graduation.

Students engaged in full-time optional practical training following the completion of their course work but prior to completion of all requirements, must extend their stay before their I-20 expires until the completion of the degree program. However, for students who have completed all requirements for the degree, optional practical training constitutes an extension of the F-1 status. Students can apply for optional practical training for up to sixty days following completion, but they may not travel and reenter the United States during the period after completion and before the issuance of their employment authorization.

J-1 students

J-1 students may be authorized for a total of 18 months of academic training during their studies and after completion of degree requirements. Students engaging in post doctoral research may be authorized for a total of 36 months of academic training. Permission of the responsible officer of the exchange visitor program is required. The responsible officer is also required to evaluate the effectiveness of the training program.

Students planning to engage in academic training must participate in an off-campus employment or post-completion employment workshop, as appropriate for their situation, at the Center for International Faculty and Student Services before securing a recommendation or an authorization from an international student adviser.

Employment Authorization Document (EAD)

The U.S. Immigration and Naturalization Service issues a photo employment card for many nonimmigrant visa holders who are authorized to work in the U.S. The card, called the "Employment Authorization Document" (or "EAD"), is mandatory for all legal employment which requires the filing of a formal application. The EAD is required for

off-campus employment based on severe economic hardship for F-1 students

optional practical training for F-1 students

all employment for J-2 dependents

Please note that on-campus employment or curricular practical training for F-1s does NOT require the EAD. The EAD is also OT required for on- or off-campus employment or academic training for J-1 students.

Applications for an EAD are filed on Form I-765 and submitted with the required $70.00 fee to the INS regional center in St. Albans, VT. Address, instructions for the application, and Form I-765 are available in the Center for International Faculty and Student Services.

Departure Requirements

When you plan to leave the university you must notify the Center for International Faculty and Student Services of your forwarding address and date of departure. Please make sure you depart no later than the end of the designated period, sixty days following completion or end of practical training for F-1's and thirty days following completion or the end of academic training for J-1's.

 

Travel

If you travel outside the United States, be sure your documents are in order. F-1 students must have a valid passport and an I-20ID Student Copy endorsed within six months of the anticipated return date or a new I-20, signed on pages one and four. J-1 visa holders need a valid passport and an unexpired pink copy of the IAP-66 endorsed within a few weeks of the anticipated return date or a new IAP-66.

Everyone is advised to carry financial documentation. Except for travel of less than 30 days to Canada or islands adjacent to North America, if your visa has expired you must apply for a new one at an American embassy or consulate abroad. Proof of enrollment and financial documentation must be presented when applying for a visa.

Students who are preparing to travel outside the United States and their home country to attend a conference, or even to travel, may have to apply for visa or visa extension in an American consular office in Canada prior to obtaining visa from the country of their destination. Individuals who have changed their status in the United States must apply for a visa in the new status in order to resume that status upon return to the United States. For example, if you entered the U.S. with an F-2 visa and you changed your status to F-1 after arrival, you must apply for an F-1 visa when you travel outside the United States in order to return as an F-1 student.

Students who have overstayed their authorized period of stay may not apply for visa at any U.S. consulate other than the one(s) in their home country. In addition, if they have overstayed for more than 180 days, they will be barred from reentry to the U.S. for three years; if they have overstayed for more than a year, they will be barred for ten years.

Students should not attempt any travel outside the United States without checking with the Center for International Faculty and Student Services to ensure that all necessary arrangements have been made.

Visits to Canada of Less than 30 Days' Duration

Students from certain countries do not need to hold tourist visas to enter Canada for visits of less than 30 days. However, the list of exempt countries constantly changes and, therefore, you should call the Canadian consular office in New York if you are not certain. The number is 212-596-1600.

If you wish to apply for visa, you must appear in person during business hours at the Canadian Consulate, Floor 22, 1251 Avenue of the Americas, New York, NY 10020-1175. Take your passport, I-94, and I-20ID (Student) Copy (signed on page four by your adviser) or IAP-66 with you. These documents are also required for entry to Canada.

You do not need a valid U.S. visa to return to the United States within thirty days, nor will you surrender your I-94 when you cross into Canada.



Student Status: F or J?

Throughout this chapter reference has been made to slight differences in regulations, benefits, and procedures for F-1 and J-1 students and their dependents. Students frequently wonder what the difference is between F and J status. Although the regulations governing the stay of students in both classifications are very similar, there are some fundamental differences between the two classifications.

An F-1 visa or F-1 student status may be granted to "an alien who is a bona fide student qualified to pursue a full course of study" at an academic or language institution authorized to admit foreign students.

A J-1 exchange visitor is "a foreign national who has been selected by a sponsor to participate in an exchange visitor program and who is seeking to enter or has entered the United States temporarily on a J-1 visa." Unlike F-1 students, who apply independently to the university, exchange visitors are participants in specific exchange programs administered by private agencies, the U.S. government, or the university. Whereas F-1 students may be financially supported through personal or family funds, J-1 students must be financially supported by an educational institution in the U.S. or abroad, the U.S. or a foreign government, or a private agency.

Like most other nonimmigrants, F-1 students and J-1 exchange visitor students are expected to have a residence in a foreign country which they have no intention of abandoning. A significant difference between the two classifications, however, is the two-year home country residence requirement. Whereas an F-1 student may change his/her intent and ultimately change to H-1 status or become a permanent resident of the U.S., an exchange visitor will be required to return to his/her country of last residence for a period of two years following completion of the exchange visitor program if (1) his/her stay is financed in whole or in part, directly or indirectly, by the United States government, the home government, or an international organization for the purpose of international exchange; or (2) the government of the visitor's country of citizenship or permanent residence has filed a job skills list with the U.S. State Department; this list specifies skills or knowledge considered to be in short supply in that country. A visitor who is subject to this two-year requirement may not change to another immigration status without first fulfilling the requirement. Under some circumstances, a visitor may apply for a waiver of this requirement; however, such waivers are difficult to obtain. Further, the waiver process must be initiated well before the expiration of the visitor's permission to stay in the U.S. -- often one year before. Contact the Center for International Faculty and Student Services for further details. The J-2 dependent is subject to any limitations of the J-1 principle. Therefore, if the J-1 principle is subject to the two-year home residency requirement, his or her J-2 dependents are also.

 

University Regulations

All students are expected to be familiar with university rules, regulations, and procedures. These are published in the undergraduate and graduate catalogs and in individual college and school publications. Nonimmigrant students (in F-1 or J-1 status) in particular must be aware that there are two sets of regulations they must follow-- regulations of the Immigration and Naturalization Service and regulations of the university.

Students are expected to become familiar with the various requirements, policies, and standards of the university. If you encounter difficulty, seek the advice of someone who understands the issues and can explain your rights and obligations. Undergraduates should consult the office of the Dean of Students in their colleges or the Undergraduate Catalog; graduate students the office of the dean of the school in which they are enrolled or that school's catalog.

University Student Life Policy Against:

Verbal Assault, Defamation, and Harassment

As a student you are part of a community committed to the free expression of opinions, beliefs, and ideas in an environment which promotes tolerance, respect, and genuine appreciation of diversity. The university values such diversity because it believes that true excellence arises only through the dynamics of differing visions. The University Student Life Policy Against Verbal Assault, Defamation, and Harassment makes the following statement of principles:

Intolerance and bigotry are antithetical to the values of the University and unacceptable within our community. Discrimination against or the verbal assault, defamation or harassment of students on the basis of race, religion, color, sex, age, sexual orientation, national origin, ancestry, disability, marital status, veteran status or for any other reason of personal animus toward any group or individual violates acceptable standards of conduct within the University.

Verbal assault, defamation or harassment directed against any student(s) by any member(s) of our community interferes with the mission of the University. Each member of our community is expected to be sufficiently tolerant of others so that all students are free to pursue their goals in an open environment, able to participate in the free exchange of ideas and able to share equally in the benefits of our educational opportunities. Beyond that, each member of the community is encouraged to do all that she/he can to ensure that the University is fair, humane and responsible to all students.

A community establishes standards in order to be able to fulfill its mission. This policy seeks to guarantee certain minimum standards. Free speech and the open discussion of ideas are an integral part of the University community and are fully encouraged, but acts which restrict the rights and opportunities of others through violence, intimidation, or verbal assault, even if communicative in nature, are not protected speech and are to be condemned.

The university's commitment to diversity raises a set of mutual expectations. On the one hand, you should expect an educational and social environment that is open and hospitable to you regardless of your life experiences or racial, ethnic, religious, or sexual distinctions. On the other hand, it is expected that you will respect the rights of others to be different from you and that you will act towards them in a nondiscriminatory manner.

Sexual Harassment

Sexual harassment consists of unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature when (1) submission to such conduct is made, explicitly or implicitly, a term or condition of an individual's education or employment; (2) submission to, or rejection of, such conduct is used as the basis for decisions affecting an individual's academic standing or employment status; or (3) such conduct has the purpose or effect of unreasonably interfering with an individual's learning or work performance, or creating an intimidating, hostile, or offensive learning or work environment. Sexual harassment can occur between members of the same or opposite sex, between employees, between students, and between students and employees.

Based on your own cultural experiences, you may believe that sexual harassment is not a possible occurrence, or that it won't happen to you. In some cultures, for example, sexual harassment between faculty and students could never happen because informal relationships between faculty and students are not possible. Or some cultures may assume that a woman appearing in public alone is announcing her availability for sexual activity. It may also be assumed that relationships between men and women are primarily romantic or sexual or that a woman may be pursued through repeated phone calls or visits after she has made clear that she does not want to deal with any expressions of romantic interest. In the United States relationships between faculty and students may be less formal than in other countries; women frequently appear alone in public with the expectation that they will be treated nonsexually; and men and women typically interact on a nonsexual basis as colleagues or friends. Consequently, it is important to be aware of the ways in which relationships between men and women in the United States differ from relationships between men and women in other countries. Sexual harassment can happen to anyone, especially as cross-cultural misunderstandings abound in this area, and being aware of basic guidelines can help to minimize difficulties.

Sexual harassment is not only a violation of university policy, it is also a violation of state and federal law. While different cultures may permit varied behaviors between and among the sexes, certain behavior which could be interpreted as harassment cannot be condoned or permitted.

If You Have a Problem

If you are unsure of how to interpret any action or communication between yourself and another student or between yourself and a member of the faculty or staff of the university, report any incident or discuss your concerns with your international student adviser, the dean of your school or the dean of students of your college.

 

Your Rights

As a foreign student in an American university, you enjoy the same civil rights as a U.S. student, and the same procedural rights when there is any question of legal violation. Certain criminal offenses are in and of themselves grounds for deportation from the United States. If you need legal advice, you may consult a lawyer through one of the legal clinics held on campus during the academic year:

Douglass Outreach Center Legal Clinic, 932-9274; various times, $5.00.

Graduate Student Association Legal Clinic, 932-7994; Graduate Student Lounge, Rutgers Student Center; call for times.

Off-Campus Housing Service Legal Clinic, 932-7766, Tuesday evenings and Thursday mornings by appointment only; consultation on tenant/landlord/roommate problems.

Off-Campus Student Association, for Rutgers College students only, Bishop House.

Free consulting on Thursdays 4:30-6:30. Call 932-7610.

Middlesex County Bar Association, 828-0053; referral service.

New Jersey Bar Association, 249-5000; referral service.

Middlesex County Housing Coalition, 249-9700.

Before retaining a lawyer for any reason, however, you should consult your international student adviser. It sometimes happens that students pay very large legal fees unnecessarily, often for routine procedures handled through the Center for International Faculty and Student Services.

Release of Information

The university may disclose personally identifiable information from your education records if that information has been designated as directory information. No other information will be released unless you specify in writing the name of the persons whom you authorize to receive such information.

The Center for International Faculty and Student Services occasionally receives information requests from friends, family, international organizations, or local media. Unless you have authorized the release of information about you, these requests will be denied. In some instances the Center for International Faculty and Student Services attempts to reach students to notify them of the request; students may then contact the requestor directly.

The university is required by federal regulation provide the INS with whatever information is specified by the Attorney General of the United States as needed to determine a student's immigration status. When asked, the university must provide a list of enrolled students and must inform the INS if a student is no longer enrolled or is taking less than a full course of study.

Access to Student Records

Although certain items, such as parents' financial records, are excluded, the Family Educational Rights and Privacy Act gives students the right to inspect their university records. To gain access to your files, you must make arrangements with the appropriate office(s).