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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to Top
7. Is there an enrollment
fee?
Yes, there is a $80 non-refundable Diversion Program
fee.
Back to Top
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.
Back to Top
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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to Top
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