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Welcome
to the College of Graduate Studies
2004-2005 Bulletin |
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Residency
Status Policy
I.
Introduction
II. Determining Residency Status
III. Procedure to Determine Residency Status
IV. Appeal Process
-
Introduction
Central Michigan University has a commitment to the resident
taxpayers of the State of Michigan to provide educational
opportunity at lower tuition rates than those charged to
non-residents. Therefore, there are two general tuition rates,
one for Michigan residents and a higher one for non-residents.
For the purposes of determining residency status by CMU,
"domicile" is defined as the place where an
individual intends his/her true, fixed and permanent home and
principal establishment to be, and to which the individual
intends to return whenever he or she is absent. This policy is
designed to explain how a student may demonstrate the required
intent and establishment of a domicile in Michigan. An
individual whose activities and circumstances, as documented
to the University, demonstrate that he or she has established
a domicile in Michigan and intends to be domiciled in Michigan
will be eligible for classification as a resident. An
individual whose presence in the state is based on activities
and circumstances that are indeterminate or temporary, such as
(but not limited to) educational pursuits, will be presumed
not to be domiciled in Michigan. The burden of proof is on the
applicant to demonstrate with clear and convincing evidence
that he or she is eligible for resident classification under
this policy. To overcome a presumption of non-resident status,
a student must file a properly completed Application for
Resident Status and document with clear and convincing
evidence that a Michigan domicile has been established.
Furthermore, the University reserves the right to audit
enrolled or prospective students at any time with regard to
eligibility for resident classification and to reclassify
students who are registered under an improper residency
classification.
- Determining Residency Status
A student's status as a resident or non-resident is
established based upon the domicile of the student. The
circumstances and activities to be considered in determining a
student's domicile are set forth below:
-
Residency Status:
- A student who is a dependent of
parents who have established Michigan as their
domicile will be classified as a resident for tuition
purposes.
- A student 18 years or older who has
attained independent status may be classified as a
resident for tuition purposes if the student:
(1) documents one year of continual physical presence in the
state as one of the criteria for determining eligibility for
resident classification, as described in Article II.3., below,
and
(2) demonstrates by clear and convincing evidence that the
student has established Michigan as his or her domicile and
intends to make Michigan the student's permanent home, each
independent of the student's attendance at CMU.
-
Non-Residents Status:
- Any student under the age of 18 whose parents have not
established Michigan as their domicile is presumed to be a
non-resident student.
- Any student over the age of 18 who
is financially dependent on parents who have not
established Michigan as their domicile is presumed to
be a non-resident student.
-
Physical Presence in Michigan:
- Generally, an individual must document one year of
continual physical presence in the state as one of the
criteria for determining eligibility for resident
classification. The year to be documented will be one year
immediately preceding the first day of classes of the term in
question. The year of continuous presence is never the only
criterion used for determining resident eligibility and, in
itself, will not qualify a student for resident status.
- If the one year residency
requirement is fulfilled while a student is enrolled
in this University or another institution of higher
education, it is presumed that this student has not
established domicile in the State of Michigan.
However, if substantial information exists (see below
for other factors) which clearly demonstrates the
establishment of a Michigan domicile, the individual
may be immediately eligible for resident
classification prior to the passage of one year.
-
Circumstance and Activities Which Lend Support to a
Claim of Residency: The following circumstances and
activities, though not conclusive or exhaustive, may lend
support to a claim that a student has established Michigan as
the student's domicile and intends to make Michigan the
student's permanent domicile.
- A person appointed to a regular full-time position at the
University (and that individual's spouse and dependent
children) may be classified as a Michigan resident for tuition
purposes.
- A non-resident transferred to Michigan for employment
purposes (and that individual's spouse and dependent children)
may be classified as a Michigan resident for tuition purposes.
- A student who has no previous history of living in the
state but enrolls at CMU while on military assignment in
Michigan, or who enrolls immediately upon discharge from
military service, may be classified as a Michigan resident for
tuition purposes.
- A student who is married to a person who is classified as a
Michigan resident for tuition purposes will be classified as a
Michigan resident for tuition purposes.
- A
student who has a parent who was graduated from CMU will be
classified as a Michigan resident for tuition purposes.
- Additional Circumstances and
Activities:
-
Continuous presence in Michigan during periods when not
enrolled as a student.
-
Reliance upon only Michigan sources for financial aid.
-
Domicile in Michigan of family, guardian, or other
relatives or persons legally responsible for the student.
-
Former domicile in the State of Michigan and maintenance of
significant connections therein while absent.
-
Ownership of a home in Michigan if purchased without
support from non-Michigan sources.
-
Admission to and practice of a licensed profession in
Michigan.
-
Long-term military commitments in Michigan.
-
Permanent employment in Michigan, provided that the
applicant's employment is the primary purpose for the
applicant's presence in Michigan.
-
Spouse's full-time, permanent employment in the
state, provided that the spouse's employment is the
primary purpose for the student's presence in
Michigan.
In classifying an individual as a resident the University will
consider other circumstances and activities which indicate an
intent by the individual to make Michigan the individual's
domicile or which indicate that the individual has made
Michigan his or her domicile.
-
Circumstances and Activities which Generally Lend No
Support to a Claim of Michigan Residency: The
following circumstances and activities are temporary and
indeterminate and, in and of themselves, do not demonstrate a
permanent domicile in Michigan:
-
Voting or registration for voting in Michigan.
-
Possession of a Michigan driver's license.
-
Employment that is temporary or short-term.
-
Employment in a position normally held by a
student.
-
Ownership of a Michigan home if purchased with
support from non-Michigan sources.
-
The lease of living quarters.
-
Payment of Michigan income or property taxes.
-
Financial hardship of the student caused by
having to pay a higher tuition rate, or by any other
reason.
-
The applicant's statement of intent to be
domiciled in Michigan.
-
Presence in Michigan while in attendance at CMU
or another institution of higher education.
-
Non-Citizens Lawfully Admitted to the United State.
(Lawful admission status is determined by the Director of the
Office of International Education, or designee.):
-
A non-citizen of the United States (and that individual's
spouse and dependent children) may be eligible for
classification as a Michigan resident for tuition purposes, if
such person has an appropriate, current visa, and meets the
requirements for Michigan residency specified in this policy.
-
A non-citizen transferred to Michigan for employment
purposes (and that individual's spouse and dependent children)
may be classified as a Michigan resident for tuition purposes,
if such person has an appropriate, current visa, and meets the
requirements for Michigan residency specified in this policy.
-
A non-citizen student who has a parent who was
graduated from CMU will be classified as a Michigan
resident for tuition purposes, if such person has an
appropriate, current visa.
-
Procedure to Determine Residency Status
The Procedure for determining residency status for an
individual is a follows:
-
Undergraduate Students and Non-Degree Students at Time
of Admission:
-
The Director of Admission, or designee, shall determine the
initial residency status of new undergraduate students and
students not pursuing a degree prior to the student's first
registration with the University.
-
If an individual disagrees with the initial
decision of the Admissions Office, that individual
must file a properly completed Application for
Resident Classification with the Admissions Office.
The Application for Resident Classification must be
received before the seventh day after the first day of
classes during the semester or term in which the
individual is first admitted to CMU. The Admissions
Office shall consider the Application for Resident
Classification and provide the individual with a
written decision. If the individual continues to
disagree with that decision, the individual may file
an appeal following the procedures set forth in
Article IV, below.
-
Graduate Students at Time of Admission:
-
The Dean of the College of Graduate Studies, or designee,
shall determine the initial residency status of new graduate
students prior to the first registration.
-
If an individual disagrees with the decision of
the College of Graduate Studies, that individual must
file a properly completed Application for Resident
Classification with the College of Graduate Studies.
The Application for Resident Classification must be
received before the seventh day after the first day of
classes during the semester or term in which the
individual is first admitted to CMU. The College of
Graduate Studies shall consider the Application for
Resident Classification and provide the individual
with a written decision. If the individual disagrees
with that decision, the individual may file an appeal
following the procedures set forth in Article IV,
below.
-
All Students Requesting a Change in Residency Status:
The procedure for determining whether a non-resident student
has acquired Michigan resident status is as follows: An
individual must file a properly completed Application for
Resident Classification with the Registrar, or designee. The
Application for Resident Classification must be received
before the seventh day after the first day of classes during
the semester or term in which the student is seeking the
resident classification. The Registrar, or designee, shall
consider the Application for Resident Classification and
provide the individual with a written decision. If the
individual disagrees with that decision, the individual may
file an appeal following the procedures set forth in Article
IV, below.
-
Appeal Process
If an Application for Resident Classification is denied, the
individual may request that his or her Application for
Resident Classification be reviewed by the Residency Appeal
Committee. The following procedures shall apply:
-
The Residency Appeal Committee shall be composed of the
Director of Admission, the Registrar, the Director of
International Education, the Dean of Students, and the Dean of the College of
Graduate Studies, or their respective designees. At least
three of these individuals must participate in an appeal. The
decision of the majority of those participating in the appeal
shall be conclusive.
-
The appeal must be made in writing and must be received by
the Student Ombuds Officer within fourteen (14) calendar days
of the date of the denial letter. If the deadline falls on a
weekend or a University holiday, it will be extended to the
next business day.
-
All contact with the Residency Appeal Committee must be in
writing, unless otherwise requested by the Committee. An
individual who wishes the Committee to consider information in
addition to that provided with the Application for Resident
Classification must submit that additional information to the
Residency Appeal Committee, in writing, with the appeal
request.
-
In its sole discretion, the Residency Appeal Committee
shall have the right to request that the individual provide
the Residency Appeal Committee such additional information
and/or documentation as it deems appropriate, including
meeting with the Residency Appeal Committee.
-
The burden of proof is on the individual to demonstrate
with clear and convincing evidence that he or she is eligible
for a change in resident classification because he or she
intends to be domiciled in Michigan and has, in fact,
established domicile in Michigan.
-
After the individual has submitted all requested
information, the Residency Appeal Committee will review the
individual's appeal. The individual will receive a written
decision from the Residency Appeal Committee when the review
is complete.
-
One the Residency Appeal Committee issues its
decision, there are not further appeals for the semester
or term covered by the Application for Resident
Classification.
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