Gender- & power-based violence affects everyone differently, and those who hold marginalized identities may face additional barriers in seeking support. Safer welcomes people of all identities and backgrounds to utilize our services and is committed to ensuring our office is inclusive and accessible.
Our confidentiality means that your story & experience is safe with us, and we do not report to Title IX or to the police. This includes your story as a survivor, your personal details, your documentation status, and any other information shared with us. Our only limitation is as mandated reporters for suspected child abuse, or harm to self or others. Please email us at safer@calpoly.edu or call 805-756-2282 with any questions about our confidentiality.
What are my rights as an undocumented survivor?
Regardless of your status, you have rights as a Cal Poly community member and as a survivor. You have the right to:
- Not be threatened with deportation by your institution, or to disclose your immigration status. This is considered a violation of both Title IX and the Clery Act, as it actively discourages undocumented survivors from reporting.
- File a complaint anonymously either with the federal government or with your institution. If you fear exposing your undocumented status, you are under no obligation to include your name or identifying information in your complaints.
- Report your case to law enforcement. Undocumented survivors can apply for federal visas, such as U-Visas, VAWA, and T-Visas, that protect survivors. Some visas require survivors to work with law enforcement. It is important to check in with an immigration attorney if you would like to file an application for a visa. To access free legal resources from Immigration Legal Defense and the CSU, make an appointment on the Dream Center’s Calendly! All consultations with attorneys are confidential.
What does it mean that Safer is confidential - especially regarding my documentation status?
Safer is a confidential resource, meaning we do not share any of your information with the University without your explicit consent. What is said to a Safer Advocate will not be shared with law enforcement officers, medical personnel, parents, friends, or any on or off-campus department or agency unless requested by the survivor. Safer Advocates acknowledge that reporting to law enforcement does not feel like a safe option for everyone, including undocumented survivors who may experience barriers engaging with law enforcement.
If I sought out services from Safer, would my friends/community find out?
As noted in the previous question, Safer services are confidential which means we never release the names or other identifying information of our clients. If you decide to report to law enforcement or Title IX, the respondent/perpetrator could potentially share information about the investigation with friends and community members.
When working with Safer, do I have to report to law enforcement?
No. Safer never requires anyone to report to law enforcement. Safer is here to support you through any decision you decide to make.
Can I still get medical care after an assault? Would I have to disclose my documentation status in those settings?
Yes, you can get medical care after an assault without having to disclose your documentation status. There is no need for medical providers to know your documentation status for you to access their services.
- If you decide to receive a forensic medical (SART) exam, you have the option to choose a standard or restricted SART exam. A standard exam would include an interview with law enforcement, whereas a restricted SART exam would not involve law enforcement.
- Campus Health and Wellbeing can provide care following an assault. While they do not provide forensic medical exams, they can treat injuries, test for STIs, and provide prophylactic care.
- Local nonprofit healthcare providers including Planned Parenthood and The Center accept the Family Pact Program which allows low income/uninsured patients to be treated at no cost. You can fill out a form to get a Family Pact card at your first appointment at either facility and you do not have to disclose documentation status.
What departments and organizations would require information that I may not have as an undocumented person?
Undocumented survivors can access services from Victim Witness, including funds from the Victim Compensation Board. Instead of using a social security number, undocumented folx can use their individual taxpayer identification number if they have one.
There are other departments and organizations that will require information that undocumented folx may not have, such as Cal Fresh, financial aid, etc. For more information, see the Dream Center’s website.
CSU Immigration Legal Services Project
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The purpose of the CSU Immigration Legal Services Project is to provide students, staff, faculty and their immediate family members free immigration legal services, including education and outreach services, at each campus. Providing California’s CSU campuses with access to free immigration legal services will help immigrants in these higher education communities better understand any potential immigration benefits they and their families qualify for and empower the community with accurate and current knowledge about immigration law and policy in an increasingly complex and ever-changing legal and federal policy environment.
Immigrant Legal Resource Center
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The Immigrant Legal Resource Center (ILRC) provides technical assistance, trainings and practice manuals on critical immigration options for vulnerable immigrants including immigrant victims of domestic violence, human trafficking, and other crimes.
National Immigration Law Center
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Information on Worker’s Rights and U Visas, which are designed to protect immigrant workers from abuse and crime in the workplace, including incidences of sexual assault and domestic violence.
End Rape on Campus Resources for Undocumented Survivors
You have the right to:
- Not be threatened with deportation by your institution, or to disclose your immigration status. This is considered a violation of both Title IX and the Clery Act, as it actively discourages undocumented survivors from reporting.
- File a complaint anonymously either with the federal government or with your institution. If you fear exposing your undocumented status, you are under no obligation to include your name or identifying information in your complaints.
- Report your case to law enforcement. Undocumented sexual assault survivors can apply for federal U-Visas that protects survivors working with law enforcement from being deported. However, U-Visas have a nationwide cap and can be difficult to obtain. However, this should not limit you from seeking a U-Visa.
ValorUS (formerly CALCASA): Supporting Survivors of Sexual Assault from Immigrant Communities
- Outlines different types of visas and legal protections
Know Your IX: Title IX and Immigration
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Information on the additional considerations international and undocumented students face when filing Title IX complaints.
American Immigration Council – Protections for Immigrant Women and Victims of Crime
- Provides comprehensive information on the Violence Against Women’s Act, U Visa, T Visa, qualifications, and self-petitions for immigrants and undocumented victims of crime.
Tahririh Justice Center
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Through direct services, policy advocacy, and training and education, Tahirih protects immigrant women and girls and promotes a world where women and girls enjoy equality and live in safety and dignity.
Immigration Center for Women and Children
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The Immigration Center for Women and Children provides resources and information for immigrant women on protections against domestic violence, sexual assault, abusive relationships, and legal matters related to these.