1. What is the Diversion Program?
4. For what types of charges might I be referred to the Diversion Program?
6. What sanctions might I be assigned?
7. Is there an enrollment fee?
8. What happens if I do not complete diversion sanctions on time?
9. Can I have more time to complete my sanctions?
11. Can I complete my community service hours outside of Tucson?
12. What do I do when I have completed my sanctions?
13. What if I get assigned a SHADE or BASICS class? Who do I call?
14. I am an adult, why do you have to inform my parents?
15. How do I get my criminal record expunged?
17. Do I have to go back to court?
18. How long does this stay on my college record?
19. Can a student enroll in the Diversion Program more than once?
20. Can I withdraw from the Diversion Program?
21. If I choose not to enroll, what happens?
23. If I have a question about the Diversion Program whom do I contact?
1. What is the Diversion Program?
The Diversion Program is a voluntary program that interrupts the criminal prosecution process and gives a University of Arizona student an opportunity to have a first-time misdemeanor charge dismissed upon successful completion of the program.
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2. Who is eligible to enroll?
Enrollment is open to any currently enrolled UA student who has been charged with a first-time misdemeanor offense and has been referred for Diversion by the Justice Court, Pima County Attorney's Office or UAPD.
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3. How do I enroll?
If a student is referred directly by UAPD, they will be notified by the Dean of Students Office via the student’s UA email. This email may indicate a meeting is required with a Conduct Officer, or the student may be copied on a letter sent to UAPD confirming enrollment in the Diversion Program.
If the student is referred by Justice Court, which includes referrals by the Pima County Attorney’s Office, the Minute Entry from the court must be submitted to the Dean of Students Office. Upon verifying the student is eligible for enrollment, they will be notified by the Dean of Students Office via UA email. This email may indicate a meeting is required with a Conduct Officer, or the student may be copied on a letter sent to Justice Court confirming enrollment in the Diversion Program.
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4. For what types of charges might a student be referred to the Diversion Program?
The Diversion Program is available for violations of misdemeanor crimes. They include, but are not limited to, minor in possession, minor in consumption, false identification, unlawful possession of marijuana or other substances, disorderly conduct, theft, and littering.
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5. How can I be referred?
A student can be referred directly from UAPD, or from Pima County Justice Court, which would include referrals from the Pima County Attorney’s Office.
If a student was cited to appear in Justice Court for the violation, it is the judge’s option to refer a student to the UA Diversion Program.
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6. What sanctions might I be assigned?
While sanctions are assigned on a case by case basis, there are typically three areas of sanctioning assigned. These include probation (a period of time where it is expected that no further violations occur), community service (to be completed with a recognized non-profit organization), and an educational course (dependent on the type of violation). A monetary sanction is also charged to the student’s bursar account, and the amount will be dependent on any previous violations. In the case of an alcohol or drug violation for a student under 21 years old, a parental notification letter is also noted as a sanction, although no action is required by the student.
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7. Is there an enrollment fee?
Yes, there is a non-refundable Diversion Program Cost, ranging from $100 dependent on the number of any previous conduct incidents.
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8. What happens if I do not complete diversion sanctions on time?
If the assigned sanctions are not completed, the Dean of Students Office will withdraw the student from the Diversion Program and return the case to the referring agency for continued prosecution of the charges. If the incident originated as a University Code of Conduct violation, a hold will also be placed on the student’s University account. This hold will prevent registration and the release of transcripts.
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9. Can I have more time to complete my sanctions?
Every student enrolled in the Diversion Program is responsible for completing the stipulated sanctions by the deadlines stated. It is only under extreme circumstances that sanction deadlines would be considered for extension.
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10. Why can't the philanthropic community service I perform as a member of a student organization, church, or other groups be applied to the community service hours sanctioned by the Diversion Program?
The community service hours sanctioned through the Diversion Program are the result(s) of an individual student's action(s). It is the student's responsibility to fulfill the community service hours on an individual basis. Philanthropic service is not accepted for community service in the Diversion Program because students perform the service as representatives of a particular organization.
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11. Can I complete my community service hours outside of Tucson?
Yes. A UA student enrolled in the Diversion Program may complete community service hours outside of Tucson or the State of Arizona. The organization chosen must meet the non-profit status requirement. In addition the student must inform the non-profit establishment that he/she is required to perform the community service as a result of his/her enrollment in the Diversion Program.
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12. What do I do when I have completed my sanctions?
Verification of the community service hours can be dropped off in the Dean of Students Office, or faxed to 520-621-9866.
If the assigned educational course was completed with an off campus agency, a copy of the completion certificate can either be dropped off in the Dean of Students Office, or faxed to 520-621-9866.
If the personal responsibility course was completed on campus, completion verification is not required from the student as the course is taught by Dean of Students Officer personnel.
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13. Who do I contact if I am assigned a SHADE or BASICS class?
SHADE, the Student Health Alcohol and Drug Education Program, and BASICS are educational classes offered by Campus Health Services. The classes educate students about alcohol and drug related issues. There is a registration cost associated with these classes, and you should call 520-621-5700 in advance to enroll, or go to http://www.health.arizona.edu/hpps_aod_shade.htm to register online.
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14. I am an adult, why do you have to inform my parents?
According to the Family Educational Rights and Privacy Act of 1974, Congress enabled universities to release certain information to parents. If the student is under the age of 21, their parents will be notified of any alcohol and/or drug related violations committed on or around the University of Arizona campus that were referred to the Dean of Students Office.
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15. How do I get my criminal record expunged?
Completion of the Diversion Program does not expunge the student's arrest record. The student must ask the Justice Court or their attorney the procedures for having their record expunged.
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16. Do I need a lawyer?
This is a personal decision for the student to make. In making this decision the student may obtain free legal advice from the ASUA Legal Services Program. Please call (520) 621-2782 (ASUA) and make an appointment to meet with the attorney. See http://legal.asua.arizona.edu/ for more details.
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17. Do I have to go back to court?
If the student has been given a second court date they must return on the date given.
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18. How long does this stay on my college record?
The Dean of Students Office keeps a record of the incident on file for five years or until the student graduates--whichever comes first.
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19. Can a student enroll in the Diversion Program more than once?
A UA student cannot enroll in the UA Diversion Program more than once. The program was developed for first-time misdemeanor offenders.
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20. Can I withdraw from the Diversion Program?
Enrollment in the Diversion Program is completely voluntary and the student can withdraw from the program at any time. Once they withdraw, the case is returned to the original referring agent and the criminal prosecution process continues. Once the student has been withdrawn from the Diversion Program they are ineligible to re-enroll.
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21. If I choose not to enroll, what happens?
If the student chooses not to enroll in the Diversion Program, the case is returned to the original referring agent (Pima County Justice Courts, Pima County Attorney's Office or the UAPD) for continued prosecution of the charges.
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22. My roommate and I were referred for the Diversion Program but I received more sanctions. Why is there a difference?
Diversion sanction(s) are intended to be educational and are assigned according to the type and number of violations the student has committed and the student's prior history. In addition, sanctions are issued according to what will result in the best educational experience for the individual student. Therefore, it is possible that students with similar violations incur different sanctions.
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23. If I have a question about the Diversion Program whom do I contact?
Contact thel Dean of Students office at (520) 621-7057.
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