Section 1. The University commits to the following:
Section 2. To the extent permitted by law, the University shall notify a GA who is the subject of a request for student records information related to the GA’s immigration status from the U.S. Department of Homeland Security or any of its affiliated agencies when it becomes aware of the request.
Section 3. In the event the University becomes aware of a civil immigration investigation by the U.S. Department of Homeland Security or any of its affiliated agencies regarding a GA, the University shall send the impacted GA contact information for the Union and a link to its website, to the extent permitted by law. The Union shall provide the University with such appropriate information.
Section 4. The University agrees that International GAs may apply to the Graduate School Emergency Fellowship outside of the regular application window for the purposes of costs incurred in connection with emergency immigration issues.
Section 5:
Section 6. Leave for Immigration and Visa Matters
Section 7. Any determination made under this Article is not subject to arbitration under Article 25 - Grievance and Arbitration, except with respect to Sections 5a, 5b, and 6. In such cases, any review of the University’s determination shall be limited to whether the University’s decision was arbitrary or capricious.
- Unless permitted by law, legal process, or regulations, the University will not provide personally identifiable information (as defined in 34 C.F.R. § 99.3) about a GA, without the GA’s consent.
- The University shall provide guidance regarding possible contact with law enforcement, federal agents, or immigration officials, seeking to enter a non-public space on campus, including a point of contact (University office or official) responsible for monitoring any such activity. The University shall inform bargaining unit members of any changes to this guidance.
Section 2. To the extent permitted by law, the University shall notify a GA who is the subject of a request for student records information related to the GA’s immigration status from the U.S. Department of Homeland Security or any of its affiliated agencies when it becomes aware of the request.
Section 3. In the event the University becomes aware of a civil immigration investigation by the U.S. Department of Homeland Security or any of its affiliated agencies regarding a GA, the University shall send the impacted GA contact information for the Union and a link to its website, to the extent permitted by law. The Union shall provide the University with such appropriate information.
Section 4. The University agrees that International GAs may apply to the Graduate School Emergency Fellowship outside of the regular application window for the purposes of costs incurred in connection with emergency immigration issues.
Section 5:
- (a) If a Graduate Assistant loses work authorization for reasons outside of the Graduate Assistant’s reasonable control, or if the University is not able to lawfully employ or continue to employ a Graduate Assistant as a result of the Graduate Assistant’s immigration status for reasons outside of the Graduate Assistant’s reasonable control, the University shall meet with the Union and the affected Graduate Assistant to discuss continuity of employment or re-employment options into their prior position or another position if previous position is unavailable.
- (b) Where immigration-related processing delays for reasons outside of the Graduate Assistant’s reasonable control prevent the timely start or continuation of employment, the University shall meet with the Union and the GA, upon request, to discuss potential bridge funding or other forms of hardship assistance.
- (c) The University agrees to make reasonable efforts to re-employ the GA as soon as possible after that person obtains work authorization or immigration status that lawfully permits them to work as a GA. Such timing of re-employment shall depend on several academic factors, which are not grievable, including the academic calendar. The timing of re-employment may also depend on other factors such as the availability of lab space and research funding.
- (d) In cases where a GA is unable to return to the United States as a result of their immigration or documentation status for reasons outside of their reasonable control, in the University’s sole discretion, the University will allow the GA to perform their duties outside the U.S., if legally permissible and operationally feasible.
Section 6. Leave for Immigration and Visa Matters
- The University may grant Non-Citizen Graduate Assistants up to 60 calendar days of unpaid, job-protected leave per academic year for the purpose of maintaining, renewing, or adjusting immigration status or work authorization, consistent with the provisions of Article 15.
- Such leave shall not affect reappointment eligibility.
Section 7. Any determination made under this Article is not subject to arbitration under Article 25 - Grievance and Arbitration, except with respect to Sections 5a, 5b, and 6. In such cases, any review of the University’s determination shall be limited to whether the University’s decision was arbitrary or capricious.
