Rights and Responsibilities

Rights

International students enjoy freedom of speech, freedom of assembly, protection from unreasonable searches and seizures, and the other protections included in the U.S. Bill of Rights, the first ten amendments to the Constitution of the United States. You may express your views freely and join with others to express and publish ideas, popular or unpopular, as long as these expressions are made in an orderly and peaceful manner.

Given the increased surveillance and vigilance of potential security concerns by federal, state, and local governments, situations may arise where international students experience a restriction on traditional rights. This can be especially true in settings such as demonstrations. International students are cautioned to be aware of the consequences before taking part in acts of civil disobedience or other forms of protest. Students are encouraged to consult the OISS for updates on these matters.

International students are protected against discrimination on the grounds of race, religion, color, and national origin. Federal, state, municipal, and university rules protect citizens and international students from most forms of discrimination. There is a distinction between discrimination based on national origin and immigration status, however. Students may not be denied employment because of the country of their birth or citizenship, but they can be denied employment because they are not eligible to work in the United States. Employers are not required by law to file employment petitions for foreign-national workers. The university policy on affirmative action/equal opportunity includes the following statement: "New York University is committed to a policy of equal treatment and opportunity in every aspect of its relations with its faculty, students, and staff members, without regard to age, citizenship status, color, disability, marital or parental status, national origin, race, religion, sex or sexual orientation."

In the extremely rare instance that an NYU student is arrested or detained, the university should be informed immediately. Individuals who are arrested in the United States have a right not to incriminate themselves, a right to an attorney, and the right to know what the charges are. Indeed, individuals must be charged with a crime to be held in police custody for an extended period of time. Federal law enforcement agencies-the Federal Bureau of Investigation, the U.S. Department of Homeland Security-however, are not constrained by the limits on criminal proceedings when investigating matters pertaining to national security. Any foreign student who is arrested is urged to contact the OISS immediately. Although the university cannot provide legal services, the OISS can contact family, friends, or others as requested.

Responsibilities

The concept of individual rights carries with it a fundamental belief in individual responsibility. In the United States, ignorance of the law is not a valid defense against prosecution for violations. All visitors are expected to know and obey the laws of the United States while residing here. Students should be particularly aware of the following statutes.

• A valid driver's license is required to drive an automobile. Drivers are required to know and obey traffic laws. Automobiles must be insured.
• It is illegal for all individuals under the age of 21 to purchase and consume alcohol. It is illegal tosell or give alcohol to someone who is under 21.
• It is illegal to sell or use controlled substances. It is not unusual to be approached by someone selling drugs or to see them being used, especially in some of the city's parks. These are situations best to ignore.
• It is illegal to abuse one's spouse or children; parents are required by law to supervise all children under 18 years of age.

The Rights and Responsibilities of NYU Students
Students are expected to be familiar with university rules, regulations, and procedures. The Student Resource Center's NYU Students Guide has an important section on University Policies and Procedures that every student needs to read.

This law gives you the right to:

• Inspect and review your academic records
• Request your record be amended if you find inaccurate or misleading information
• Except in situations of national security or emergencies involving health and safety, require that the university obtain your written consent prior to disclosing personally identifiable information about you
• File a complaint with the United States Department of Education if you feel the university is not following FERPA guidelines.

Under the law, each institution determines within guidelines what is known as "directory information." This information can be released at the discretion of the university, unless you complete a form stating you do not want it made available. Directory information at NYU consists of name, dates of attendance, class, previous institutions attended, major field of study, degrees, and awards. It also includes any participation in officially recognized sports and activities, physical factors, and date and place of birth. It does not include address and telephone number.

In addition to your academic records, your records at the OISS, University Health Center, and Counseling and Behavioral Health Services are confidential. They are about you, are not discussed in situations outside of the offices that provide the specialized services, and will not be given to your parents or other family members. That means that, except in a life-threatening situation or one involving national security, staff may not reveal to other people the information in those files even if those people are your parents, professors or friends. The exception to this is the Department of Homeland Security, with whom the university is required by law to share information regarding your academic status and your address. Information sought by DHS regarding the immigration status of nonimmigrant students is not covered by FERPA.

Conviction of a more serious offense can result in deportation. For example, if a student is convicted of petty theft, disturbing the peace, drunkenness, or a similar minor offense, it may not affect immigration status. Students can be deported if convicted of a crime involving "moral turpitude," e.g., possessing drugs or engaging in prostitution, or if convicted of a crime for which they are sentenced to at least one year of prison. Immigration law provides for the possible deportation of any person who is a "narcotic addict" or who is "convicted of a violation of... any law or regulation relating to the illicit possession of or traffic in narcotic drugs or marijuana."

The university is required to report to the DHS any NYU sanction resulting from the conviction of a crime. Such an occurrence would render a student out of status.

Cooperation between state social service agencies and the United States Department of Homeland Security (DHS) makes it possible for the DHS and the United States Department of State to identify nonimmigrants who accept public benefits. Such individuals may be denied visas at consulates abroad or may be denied entry to the United States at the U.S. port of entry.

Nonimmigrants are prohibited by U.S. law from becoming a "public charge," i.e., someone who is financially dependent on government funds, in the United States. When nonimmigrants apply for visas, they are required to show documentation of sufficient funds to cover all of their living expenses, and those of their dependents, during their stay in the United States. The ability to cover all of one's personal and family expenses is a condition of obtaining and maintaining F-1 or J-1 status. In accepting public benefits international students declare themselves unable to meet their financial obligations and thereby render themselves ineligible for F-1 or J-1 status.

Frequently, social service agencies, hospitals, or public housing administrators unwittingly encourage international students to apply for public benefits because they are unaware of the regulations governing nonimmigrant status or they do not know the immigration status of the individuals they are advising. Further, although the U.S. citizen children of nonimmigrants may be eligible for public benefits, by accepting those funds the children's parents acknowledge their inability to support their dependents and thus risk being judged to have violated the conditions of their F-1 or J-1 status.

All individuals in F-1 and J-1 status must have adequate health insurance for themselves and their dependents to cover medical costs. All international students and scholars must be able to provide shelter, food, and clothing for themselves and their dependents as a condition of maintaining their nonimmigrant status.

If you have any questions or need assistance managing your financial obligations, consult an advisor at the OISS.