As designated Exchange Visitor Program sponsors, SMU has a responsibility to report any incidents or allegations involving J-1 exchange visitors to the U.S. Department of State pursuant to 22 CFR 62.13(d).
The relevant regulations:
- 22 CFR 62.10(d)(1), (2) Monitoring of exchange visitors. Exchange visitors’ participation in their exchange program must be monitored by employees of the sponsor. . . . Sponsors must:
- (1) Ensure that the activities in which exchange visitors are engaged are consistent with the category and activity listed on their Forms DS-2019;
- (2) Monitor the physical location (site of activity), and the progress and welfare of exchange visitors to the extent appropriate for the category. . . .
- 22 CFR 62.13(d) Serious problem or controversy. Sponsors must inform the Department of State on or before the next business day by telephone (confirmed promptly in writing by facsimile or email) of any investigations of an exchange visitor's site of activity or serious problem or controversy that could be expected to bring the Department of State, the Exchange Visitor Program, or the sponsor's exchange visitor program into notoriety or disrepute, including any potential litigation related to a sponsor's exchange visitor program, in which the sponsor or an exchange visitor may be a named party.
What is are examples of Incidents or Allegations to report?
The U.S. Department of State requires SMU to monitor the health, safety, and welfare of Exchange Visitors and their dependents. Below is a non-exhaustive list of examples of incidents to report:
- Exchange Visitor Death
- Exchange Visitor Missing, Absconder, or Overstay (i.e., whereabouts unknown or intentionally left the program without notifying sponsors)
- Serious Behavioral Problems (e.g., substance abuse, bullying, or harassment)
- Serious Medical Issues (e.g., cancer diagnosis, surgery, or any condition requiring hospitalization of 48 hours or more)
- Serious Mental Health Concerns (e.g., suicidal ideation or attempt, eating disorder, self-harm, psychiatric hold and/or hospitalization, or early program end due to mental health)
- Sexually Related Incident or Abuse (e.g., incident or allegation involving sexual exploitation, harassment, assault, or misconduct)
- Incident Involving the Criminal Justice System (e.g., arrest, charges, incarceration, detention, or other law enforcement involvement)
- Incidents Involving Child Protective Services
- Fraud (e.g., visa, immigration, or financial fraud or scam)
- Theft of Intellectual Property or Violations of Import/Export Controls
- Lost or Stolen Immigration Documents (e.g., lost or stolen passport/visa or stolen Form DS-2019)
- Unsuitable Host/Work Conditions (e.g., incident or allegation involving workplace bullying, harassment, discrimination, hostile work environment, or work hours and/or wage-related issues)
- Actual or Potential Negative Press (i.e., incident expected to bring DOS, the sponsor, or the Exchange Visitor Program into notoriety or disrepute)
- Foreign Government Involvement (including Foreign Embassy or Consulate Involvement)
- Litigation (Lawsuits) or Other Legal Actions (related to the Exchange Visitor Program, in which a sponsor, site of activity, or an exchange visitor may be a named party)
- Public Security Incident or Natural Disasters Directly Involving Exchange Visitor Safety (e.g., bombing, shooting, other acts of violence, civil unrest, fire, tornado, flood, or hurricane)
What does this mean for you?
If you are a sponsoring faculty member or oversee a J-1 Exchange Visitors, you are required to (1) be aware of the reporting requirements and (2) report any incidents within 24 hours of occurrence.
If you become aware of an incident, please use the following reporting form to report an incident to the ISSS office.
Forms:
Incident Reporting Form