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 2003-2004
College of Graduate Studies Bulletin
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 Residency Status Policy
 
I. Introduction
II. Determining Residency Status

III. Procedure to Determine Residency Status

IV. Appeal Process


I. 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.

II. 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:

1. Residency Status:
A. A student who is a dependent of parents who have established Michigan as their domicile will be classified as a resident for tuition purposes.

B. 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.

2. Non-Residents Status:
A. Any student under the age of 18 whose parents have not established Michigan as their domicile is presumed to be a non-resident student.

B. 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.

3. Physical Presence in Michigan:
A. 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.

B. 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.

4. 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. 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.

B. 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.

C. 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.

D. 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.

E. A student who has a parent who was graduated from CMU will be classified as a Michigan resident for tuition purposes.

F. Additional Circumstances and Activities:
1. Continuous presence in Michigan during periods when not enrolled as a student.
2. Reliance upon only Michigan sources for financial aid.
3. Domicile in Michigan of family, guardian, or other relatives or persons legally responsible for the student.
4. Former domicile in the State of Michigan and maintenance of significant connections therein while absent.
5. Ownership of a home in Michigan if purchased without support from non-Michigan sources.
6. Admission to and practice of a licensed profession in Michigan.
7. Long-term military commitments in Michigan.
8. Permanent employment in Michigan, provided that the applicant's employment is the primary purpose for the applicant's presence in Michigan.
9. 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.

5. 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:
A. Voting or registration for voting in Michigan.

B. Possession of a Michigan driver's license.

C. Employment that is temporary or short-term.

D. Employment in a position normally held by a student.

E. Ownership of a Michigan home if purchased with support from non-Michigan sources.

F. The lease of living quarters.

G. Payment of Michigan income or property taxes.

H. Financial hardship of the student caused by having to pay a higher tuition rate, or by any other reason.

I. The applicant's statement of intent to be domiciled in Michigan.

J. Presence in Michigan while in attendance at CMU or another institution of higher education.

6. 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. 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.

B. 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.

C. 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.

III. Procedure to Determine Residency Status
The Procedure for determining residency status for an individual is a follows:

1. Undergraduate Students and Non-Degree Students at Time of Admission:
A. 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.

B. 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.

2. Graduate Students at Time of Admission:
A. 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.

B. 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.

3. 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.

IV. 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:

1. 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.

2. 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.

3. 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.

4. 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.

5. 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.

6. 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.

7. 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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