Residency Determination Office

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Tutorial on Residency

Tutorial on Residency

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  • 1. Burden of establishing facts (presumption)2. No automatic presumptions – Each case will rest on it’s own facts
  • Provide Example Student with example acts (Sally student): What happens (arrive and don’t do res acts upon arrival)Applying for Fall 09 Classes began on August 24, 2009Proof of acts must occur before on or before August 24, 2008BRENDA ENDS
  • Process timeframe (2 weeks with exception of peak periods – then 3 weeks)Requests for supporting documents – decision could take longerNotified by letter of decisionResidency decision (approved or denied - appeal)JUDY ENDS
  • BRENDA BEGINS:Local appeals board
  • From RDO – One of two lettersApproved (overturned) or Denied (sustained)May apply for a future term or instructions on appealing to URSAB
  • JUST A NOTE OF NEEDED:Previous trends indicate of those that appeal beyond our office to campus URSAB, only about 16% to 18% will be overturned by URSAB and granted in-state residency for tuition purposes.
  • Process timeframe (2 weeks with exception of peak periods – then 3 weeks)Requests for supporting documents – decision could take longerNotified by letter of decisionResidency decision (approved or denied - appeal)JUDY ENDS
  • RaleighClosed hearings
  • IR record is student’s application and supporting documents that were submitted to RDO for reviewIR record consists only of items submitted by student that were reviewed by RDO and URSAB.No additional documents that were not considered during the Residency review by RDO will be included in the record.
  • Excellent resource for student’s to research residency requirements

Transcript

  • 1. North Carolina Residency for Tuition Purposes
    Residency Determination Office
  • 2. Background History and Purpose
    The North Carolina Constitution requires that higher education be available as a benefit to the people of NC as far as practicable at minimal cost
    This benefit provided by the citizen taxpayers of NC is afforded to residents of the State in anticipation of present and future benefit to the State
    2
  • 3. Background North Carolina Statute
    The Statute requires that an applicant:
    establish domicile
    physical presence and intent to make North Carolina his/her permanent home for an indefinite duration twelve (12) months prior to the beginning of the term (first day of classes), and
    maintain that domicile for at least twelve consecutive months, and
    not be in North Carolina solely to attend college.
    3
  • 4. Background North Carolina Statute
    The subsection of G.S. 116-143.1 subsection (c ):
    • Twelve months legal residence means more than simple abode in North Carolina. In particular, it means maintaining a domicile (permanent home of indefinite duration) as opposed to maintaining a mere temporary residence or abode incident to enrollment in an institution of higher education.
    • 5. The burden of establishing facts which justify classification of a student as a resident entitled to in-state tuition rates is on the applicant for such classification.
    4
  • 6. Initial Classification
    All students admitted to an academic program are initially classified in the admissions office as either a resident or a non-resident for tuition purposes.
    5
  • 7. Application Process Step by Step
    If the admit letter indicates that the student has been initially classified as a non-resident and the student disagrees with this decision, he/she may submit a Residence and Tuition Status Application for a complete residency review.
    6
  • 8. Application Process Step by Step
    Completely fill out the application and include answers to all pertinent questions.
    Attach copies of all required supporting documentation.
    Keep a copy of the application for future reference.
    7
  • 9. The student should:
    Provide any additional information that focuses on documented facts and events in the year prior to the 12 months he/she domiciled in North Carolina.
    Application Process Step by Step
    8
  • 10. Application Process Time Frame
    First day of classes
    One year before the first day of classes
    Semester for which you claim residency for tuition purposes
    Your arrival in North Carolina
    12 month period of domicile
    Domicile
    must be
    demonstrated
    by this date
    You want your cluster of acts to be as close to, or before, this line as possible
    9
  • 11. Application ProcessSome Factors in Determining Residency
    10
  • 12. Application ProcessPreponderance of Evidence
    Gradual accumulation of evidence requires that the residency classifier determine at what point the greater weight of evidence (or the preponderance of evidence) for residency is demonstrated.
    A preponderance of evidence refers to a cluster of significant events demonstrating domicile (physical presence and intent).
    11
  • 13. It is IMPORTANT to:
    Pay attention to the Filing Deadlines at left
    Application Process Filing Deadlines
    12
  • 14. Residency decisions are communicated to the student by letter.
    If the letter indicates that the student has not met NC residency requirements and the student disagrees, he/she may appeal to the University Residence Status Appeals Board (URSAB). The residency decision letter will provide instructions on how to appeal to the URSAB.
    Application Process Residency Decision
    13
  • 15. Campus Appeals Process: University Residence Status Appeals Board (URSAB)
    URSAB consists of faculty and staff other than individuals who classify from the Offices of Admission and Residency Determination Office
    Members represent Graduate and Undergraduate student perspective
    Evaluates facts in the context of legal requirements to make decision
    14
  • 16. Campus Appeals Process: University Residence Status Appeals Board (URSAB)
    Appealing to the URSAB?
    Submit a request to appeal within twenty(20) days from the date of the decision letter.
    Appeal request, application and all original materials submitted by the student will be forwarded to the URSAB.
    A URSAB representative will contact the student regarding an in-person hearing date.
    15
  • 17. Campus Appeals Process: University Residence Status Appeals Board (URSAB)
    Student remarks to the URSAB must be factual in nature. The URSAB does not have the authority to make exceptions to the statutes. They are looking for a preponderance of factual information.
    16
  • 18. URSAB decisions are communicated to the student by letter.
    If the URSAB decision letter indicates that the student has not met NC residency requirements and the student disagrees, he/she may appeal to the State Residence Committee (SRC). The URSAB decision letter will provide instructions on how to appeal to the SRC.
    Campus Appeals Process: University Residence Status Appeals Board (URSAB)
    17
  • 19. State Appeals Process:State Residence Committee (SRC)
    Reviews appeals for all 16 campuses
    Meetings generally once a month
    Turn around time is usually lengthy due to volume of appeals
    Process & decision controlled by General Administration
    18
  • 20. State Appeals Process:State Residence Committee (SRC)
    Appealing to the SRC?
    Submit a written statement of appeal within ten (10) days from the date of URSAB decision letter. The URSAB decision letter will provide instructions on how to appeal to the SRC.
    The Institutional Record will be forwarded to student by certified mail for inspection. The Institutional Record includes the residency application and only those documents that were considered for review by the URSAB.
    19
  • 21. State Appeals Process:State Residence Committee (SRC)
    Agree that Institutional Record is correct and want to proceed with appeal?
    Submit a notice of appeal within twenty (20) days from the date of receiving the Institutional Record.
    Institutional Record will be forwarded to the SRC.
    Appeal decision will be communicated to student by letter from the SRC.
    20
  • 22. Residency Determination Office: Denny 114
    A copy of the Residency Manual is located:
    On the Residency Determination Office Website
    In the Residency Determination Office
    At the Atkins Library
    The Residency Brochure is available on this website and in the Residency Determination Office.
    Questions?Information and Resources
    21
  • 23. North Carolina Residency for Tuition Purposes
    Residency Determination Office