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RESIDENCY | No. 6-1 | Rev. 05-11-04 |
| Date 4-20-77 | |||
OLD VERSION
I. PURPOSE
To define "resident" student for purposes of tuition at Weber State University in the Utah System of Higher Education.
II. REFERENCES
Utah Code 53B-8-102 (Definition of a Resident Student)
Utah State Board of Regents Policy and Procedures R510 (Tuition and Fee Policy)
Utah State Board of Regents Policy and Procedure R512 (Determination of Residency Status)
III. DEFINITIONS
A. Domicile - to be physically present within the State of Utah and concurrently have the intent to establish permanent residence in Utah.
B. Resident - as determined by reference to the general law on the subject of domicile, except as otherwise set forth in this policy.
IV. POLICY
A. Utah Residency for Tuition Purposes - In order to qualify for residency status for tuition purposes a person must demonstrate that Utah is the place where the person intends to remain and to which the person expects to return when leaving Utah without intending to establish a new domicile elsewhere.
B. Presumption of Non-Resident Status - A person who enrolls as a postsecondary student at a Utah institution prior to living in Utah for more than 24 continuous months as a non-student is presumed to have moved to Utah for the purpose of attending an institution of higher education and is a non-resident for tuition purposes. It is presumed that a non-resident student continues to reside in Utah primarily for the purpose of pursuing higher education and continues to be a non-resident student so long as he or she is enrolled as a student at a Utah institution of higher education. The burden or rebutting these presumptions by application of one or more of paragraphs IV.C; D; E; F; G and establishing that he or she is in Utah of other than educational purposes is upon the person.
C. Possible Rebuttal of Non-Resident Presumption After Presence in Utah While Completing Sixty Semester Credit Hours or Equivalent - A person who has come to Utah and established residence here for the purpose of attending an institution of higher education as a postsecondary student must maintain Utah residency status while completing sixty (60) semester credit hours at a regionally accredited Utah higher education institution or an equivalent number of applicable contact hours at the Utah College of Applied Technology prior to registration as a resident student. Credit hours for graduate level courses numbered 6000 and above shall be multiplied by 1.5 in calculating the 60 semester credit hours. Credit hours earned while the student has tuition waived or reduced pursuant to Utah Code Sections 63B-8-101 and 53B-8-104 are included in the 60 semester credit hours. Also, he or she must demonstrate by additional objective evidence (a) the establishment of a Utah domicile, and (b) that he or she has abandoned the previous domicile.
Factors considered include:
1. Utah Residency - The student shall be physically present in Utah while completing the 60 semester credit hours required by paragraph IV.C.
2. Objective Evidence of Domiciliary Intent - The person shall provide objective evidence of his or her intent to establish a Utah domicile through a preponderance of legal ties to Utah such as: Utah voter registration; Utah drivers license; Utah vehicle registration; employment in Utah; payment of Utah resident income taxes; Utah banking connections; and lease or purchase of Utah living quarters.
D. Rebuttal of Non-Resident Presumption for Spouse's or Parent's Full Time Work - A spouse or dependent child of an individual who establishes his or her domicile in Utah to work on a full-time basis, is immediately eligible to register as a resident student. The spouse or dependent child must demonstrate objective evidence of domiciliary intent as provided in paragraph IV.C.2.
E. Ties to Utah - A student does not lose Utah resident status solely by reason of absence from the state. (a) A student who was a resident of Utah for tuition purposes may be absent from the state for purposes such as temporary employment, education, or religious, charitable, or military service and continued to be a resident for tuition purposes, provided he or she has not taken action to establish domicile elsewhere during his or her absence from Utah. (b) A student with long term ties to Utah, who has graduated from a Utah high school may be considered a resident for tuition purposes if the absence from the state is for a period of less than 48 months and if evidence can be presented showing that the student has reestablished a Utah domicile, and has not taken action to establish domicile elsewhere during his or her absence from the State of Utah for the purpose of attending an education institution as a resident of any other state. (c) An unmarried person 23 years of age or younger who moves to Utah, has a Utah resident parent, and demonstrates objective evidence of domiciliary intent as provided in paragraph IV.C.2, is immediately eligible to register as a resident student.
F. Social or Rehabilitation Services Agency Client - A person who has been determined by a Utah governmental social or rehabilitation services agency to be a Utah resident for purposes of receiving state aid to attend Weber State University (WSU) and demonstrates objective evidence of domiciliary intent as provided in paragraph IV.C.2, is immediately eligible to register as a resident student. Upon the termination of such government agency support, the person is governed by the standards applicable to other persons.
G. Marriage to a Utah Resident - A person who marries a Utah resident eligible to be a resident student under this policy and establishes his or her domicile in Utah as demonstrated by objective evidence as provided in paragraph IV.C.2, is immediately eligible to register as a resident student.
H. Documentation of Status - WSU is authorized to require written documents, affidavits, verifications, or other evidence deemed necessary to determine why a student is in Utah. The burden of establishing that a student is in Utah for other than educational purposes is upon the student. A student may be required to file any or all of the following:
1. A statement from the student describing employment and expected sources of support;
2. A statement from the student's employer;
3. Supporting statements from persons who might be familiar with the family situation;
4. Utah state income tax return.
I. Penalties for Giving Incorrect or Misleading Information - A student who gives incorrect or misleading information to evade payment of non-resident fees shall be subject to serious disciplinary action and must also pay the applicable non-resident fees for each term previously attended.
J. Military Personnel, Spouses & Children - Personnel of the United States Armed Forces assigned to active duty in Utah, and the immediate members of their families residing with them in this state shall be entitled to resident status for tuition purposes. Upon the termination of active duty status, such military personnel and their family members are governed by the standards applicable to non-military persons. The credit hours earned by the student at a Utah institution during active duty in Utah count towards the 60 hours required for Utah residency for tuition purposes upon termination of active duty status in Utah.
K. Olympic Training Athletes - An athlete who is in residence in Utah to participate in a United States Olympic athlete training program, at a facility in Utah, approved by the governing body for the athlete's Olympic sport, shall be entitled to resident status for tuition purposes. Upon the termination of the athlete's participation in such training program, the athlete shall be subject to the same residency standards applicable to other persons under this policy. The credit hours earned by the student at a Utah institution during the Olympic athlete training program in Utah count towards the 60 hours required for Utah residency for tuition purposes upon termination of the athlete's participation in an Olympic training program in Utah.
L. Foreign Students
1. Aliens who are present in the United States on visitor, student, or other visas which authorize only temporary presence in this country, do not have the capacity to intend to reside in Utah for an indefinite period and therefore must be classified as nonresident.
2. Aliens who have been granted immigrant or permanent resident status in the United States shall be classified for purposes of resident status according to the same criteria applicable to citizens.
M. Native Americans - A Native American, not otherwise qualified as a resident, shall be entitled to resident status if:
1. He/she is enrolled on the tribal rolls of a tribe whose reservation or trust lands lie partly or wholly within Utah or whose border is at any point contiguous with the border of Utah, or,
2. He/she is a member of a federally recognized or known Utah tribe and has graduated from a high school in Utah.
N. General Provisions
1. Reclassification by the Institution - If a student is classified as a resident, or granted residency by WSU, the University may initiate a reclassification inquiry and in fact reclassify the student, based on any facts, error, or changes in facts or status which would justify such an inquiry, even if the error was on the part of WSU.
2. Acceptance of Another Institution's Determination - A determination to grant residency to a student at a Utah System of Higher Education (USHE) institution shall be honored at WSU, unless the student obtained residency under false pretenses, the determination was based upon a factual error, or if the facts or status existing at the time of the granting of residency have significantly changed.
3. No Residency Determination for Short Term Non-Credit Training - WSU need not make a residency determination and classification for a student in a short term non-credit training class when the student is not pursuing a certificate or degree program.
O. Procedures for Determining Resident Status
1. Initial Classification - WSU shall classify all applicants as either resident or nonresident. If there is doubt concerning resident status, the applicant shall be classified as a nonresident.
2. Application for Reclassification - Every student classified as a nonresident shall retain that status until he/she is officially reclassified to resident status.
3. Informal Discussion with Responsible Officer - If a written application for a change from nonresident to resident classification is denied, the applicant shall have the right to meet with the responsible officer for the purpose of submitting additional information and discussing the merits of her/her application.
4. Appeals - An applicant for resident status may appeal an adverse ruling in accordance with procedures approved by the institutional Board of Trustees. The appeals committee shall make an independent determination of the issues presented upon the basis of such oral and written proofs as may be presented, and shall finally determine the status of the applicant consistent with the law and these policies.
P. Due Process - In order to provide due process to students who may want to appeal decisions made concerning nonresident status, the provisions of WSU PPM 6-22 through 6-32 shall apply.
1. The student appealing the decision shall have the responsibility of providing evidence that proves that he/she has met the residency requirements. Students shall be given copies of WSU's policies pertaining to determination of residency. The student shall also be given an explanation of the rationale of the decision-maker who previously ruled that the student was classified as a nonresident.
2. Both the resident and the administration's representative are entitled to representation by counsel in an advisory capacity.
3. Refund - A ruling favorable to the applicant shall be retroactive to the beginning of the academic period for which application for resident status was made, and shall require a refund of the nonresident portion of any tuition charges paid for that and subsequent academic periods.
Q. Application - Any nonresident who has reason to believe he/she can qualify for resident status must file an application with the Director of Admissions by the applicable deadline for the semester/term in which residency is desired. Application forms are available in the Admissions Office.