22 CFR 62.13(d) Serious Problem of 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 It Means
The Department of State requires that UCSB monitor the health, welfare, and safety of our J-1 students, scholars, and their dependents. If you or a J-2 dependent experiences any of the following, you must notify OISS immediately. Our office will provide assistance and report the incident if necessary. Similarly, if OISS learns of an incident, then we are obligated to report them. It is important to note that OISS is not a confidential resource in that we do have reporting obligations. A confidential resource is one that will not share any details of your experience with anyone without your explicit consent. To seek a confidential resource, please consult CAPS or CARE.
These incident examples are not meant to be exhaustive. There may be other serious situations that could endanger the health, safety, or welfare of an exchange visitor. We also want to be mindful of situations that might bring the Department of State, the Exchange Visitor Program, or the sponsor's exchange visitor program into notoriety.
- Exchange Visitor Death
- Exchange Visitor Missing
- Exchange Visitor Serious Illness or Injury (e.g., brain injury, severe burn, major surgery, communicable disease, serious mental health incidents, any condition requiring hospitalization of 48 hours or more, etc.)
- Litigation (related to a sponsor’s exchange visitor program, in which sponsor or an exchange visitor may be a named party)
- Incident Involving the Criminal Justice System (e.g., arrest, charges, law enforcement, etc.)
- Sexually-Related Incidents or Abuse (an incident or allegation involving sexual exploitation, harassment or abuse)
- Negative Press involving a sponsor’s exchange visitor program
- Foreign Government Involvement (including embassy officials)
- Other Situations Impacting Exchange Visitor Safety (e.g., natural disasters, civil unrest, outbreaks of violence)
If you have questions about whether or not an incident should be reported, you are welcome to consult with OISS. Scholars should contact a J-1 Scholar Advisor immediately to discuss the matter at email@example.com. Students should contact a Student Advisor immediately at firstname.lastname@example.org. But again, please be aware that OISS is not a confidential resource.