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Diversion Program FAQs

1. What is the Diversion Program?

2. Who is eligible to enroll?

3. How do I enroll?

4. For what types of charges might I be referred to the Diversion Program?

5. How can I be referred?

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?

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?

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?

16. Do I need a lawyer?

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?

22. My roommate and I were referred for the Diversion Program but I received more sanctions. Why is there a difference?

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. Back to Top

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. Back to Top

3. How do I enroll?
In most cases you will receive a correspondence from the Dean of Students Office which includes a contract (however in some cases the student will be asked to meet with a member of the Dean of Students Office). The contract needs to be completed and returned to the Dean of Students Office before the due date specified. If the contract is not completed and returned to the Dean of Students Office, the student will automatically be enrolled into the program. It is the responsibility of the student to contact the Dean of Students Office if they choose not to enroll in the Diversion Program.
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4. For what types of charges might I 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 and littering. Back to Top

5. How can I be referred?
You can be referred in one of three ways. First is through a Direct Diversion by UAPD. This occurs when UAPD decides to directly divert you into the program in lieu of making a court referral or Student Code of Conduct referral. The second referral is though the Justice Court. You were probably ticketed for one of the charges above and the judge offered you Diversion as an option. The third referral agent is the Pima County Attorney’s Office. You were probably ticketed for one of the charges above and the county attorney offered you Diversion as an option. Back to Top

6. What sanctions might I be assigned?

While sanctions are assigned on a case by case basis, there are usually three (3) areas of sanctioning. They include probation, community service and an educational program. Probation refers to a period of time where it is expected that no further misdemeanor violations or violations of the Student Code of Conduct will occur. Violation of your probation will lead to further disciplinary action which may include suspension, expulsion, and/or termination from the Diversion Program. Your Diversion sanctions will also likely include community service that must be completed with a non-profit organization. The number of community service hours is contingent upon the number and type of misdemeanor charges referred to the Dean of Students Office. You may also be sanctioned to complete an educational program such as an alcohol education class, drug education class, personal responsibility class, anger management class, or an individual meeting with a drug/alcohol counselor.
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7. Is there an enrollment fee?
Yes, there is a $80 non-refundable Diversion Program fee.
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8. What happens if I do not complete diversion sanctions on time?
If you do not complete the sanctions required of the Diversion Program, the Dean of Students Office will place a hold on your University record, withdraw you from the Diversion Program, and return the case to the original referring agent (Pima County Justice Courts, Pima County Attorney's Office or the UAPD) for continued prosecution of the charges. Back to Top

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 times stated. It is only under extreme circumstances that sanction deadlines would be considered for extension. Back to Top

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. Back to Top

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. Back to Top

12. What do I do when I have completed my sanctions?
When you have completed your community service hours, please drop off or fax (520) 621-9866 a copy of the completion letter to the Dean of Students Office. When you have completed your educational assignment of a personal responsibility class or anger management class, please copy the certificate of completion and bring or fax (520) 621-9866 it to the Dean of Students Office. Campus Health will send a confirmation of completion for all SHADE and BASICS classes. Back to Top

13. What if I get assigned a SHADE or BASICS class? Who do I call?
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. A $100 registration fee is required and students must call (520) 621-5700 in advance to enroll. Further information can be found at http://www.health.arizona.edu Back to Top

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 you are under the age of twenty-one your parents will be notified of any alcohol and/or drug related violations committed on or about the University of Arizona campus that were referred to the Dean of Students Office. Back to Top

15. How do I get my criminal record expunged?
Completion of the Diversion Program does not expunge your arrest record. You must ask the Justice Court, or your attorney, the procedures for having your record expunged. Back to Top

16. Do I need a lawyer?
This is a personal decision for you to make. In making this decision you may obtain free legal advice from the ASUA Legal Services Program. Please call (520) 621-ASUA and make an appointment to meet with the attorney. See http://legal.asua.arizona.edu/ for more details. Back to Top

17. Do I have to go back to court?
If you have been given a second court date you must return on the date given. Back to Top

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 you graduate--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 Diversion Program more than once. The program was developed for first-time misdemeanor offenders. Back to Top

20. Can I withdraw from the Diversion Program?
Enrollment in the Diversion Program is completely voluntary and you can withdraw from the program at any time. Once you withdraw, the case is returned to the original referring agent and the criminal prosecution process continues. Once you have been withdrawn from the Diversion Program you are ineligible to re-enroll. Back to Top

21. If I choose not to enroll, what happens?
If you choose 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. Back to Top

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. Back to Top

23. If I have a question about the Diversion Program whom do I contact?
You can call Dean of Students office at (520) 621-3614.
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