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Conference Offers Tips for Dealing with Investigations
By Omonike Akinkuowo
More than a hundred participants in the June 2005 annual meeting of NAFSA: Association of International Educators attended a session on strategies for dealing with Department of Home land Security investigations. The session, titled "Stand Tall," was initiated by Jennifer Wissink, an international student adviser at San Francisco State University , who was inspired by "an unpleasant interaction a year ago with San Francisco immigration investigators," who she said intimidated her while they were requesting information on a foreign student.
"I wasn't sure which type of information to give," said Wissink, "and I knew I wasn't the only person to have this question." Wissink collaborated with Angelo Paparelli, of the law firm Paparelli and Partners LLP, and Gloria Zarabozo, supervisor of international student admissions and services at Diablo Valley College, to design a session that would help faculty and administrators feel more "secure and empowered" if approached by a homeland security investigator.
When responding to an investigation, Paparelli, Wissink, and Zarabozo suggested, it is important for faculty and administrators to understand that government agents do not have legal authority to intimidate individuals into speaking with them and that requested interviews may be declined. In addition, if an interview is agreed to, the interviewee is entitled to have a lawyer present; to have all of the time necessary in which to think about a question and respond; to get official requests in writing; and, most important, to terminate the interview at any given moment.
"If you don't know your rights, then you could give away more information than you have to," stresses Wissink. To avoid complications, faculty and administrators should not destroy or alter official documents, lie to investigators or make mislead-ing statements, or discourage or prevent any employee from supplying information. They should indicate to investigators relevant university policies such as those dealing with cooperating with the government, notifying general counsel, declining to consent voluntarily to any search of university premises, or limiting the access of investigators to waiting rooms and other public areas. Paparelli advises that institutions should develop an effective plan and policy for dealing with such requests before they arise.
For more information about the NAFSA conference session and protective strategies when dealing with government investigations, visit the Paparelli law firm's Web site at http://www.entertheusa.com/standtall.pdf. In addition, the AAUP's advice for faculty members who are confronted with law enforcement inquiries under the Patriot Act is available.
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