Residency

1. Residence Definitions

"Residence" as used in the context of these regulations means the place where an individual has his or her permanent home and place of habitation, and has occupancy of such when not called elsewhere for labor, studies, or other special purposes and to which he or she returns in seasons of repose. It is the place a person has voluntarily fixed as a permanent habitation with an intent to remain in such place for an indefinite period. A person entering and attending the University of Southern Indiana from another state or country does not at that time acquire residence for the purpose of these regulations, but, except as provided in rule 2 (d,e,and f), such person must be a resident for twelve (12) months in order to qualify as a resident for fee purposes.

Physical presence in Indiana for the predominant purpose of attending a college, university, or other institution of higher education, shall not be counted in determining the twelve (12) month period of residence; nor shall absence from Indiana for such purposes deprive a person of resident student status.

2. Resident Student

a. A person shall be classified as a "resident student" if he or she has continuously resided in Indiana for at least twelve (12) consecutive months immediately preceding the first scheduled day of classes of the semester or other session in which the individual registers in the University, subject to the exceptions in d, e, and f below.

b. The residence of an un-emancipated person follows that of the parents or of a legal guardian who has actual custody of such person or administers the property and provides any other means of support of such person. In the case of divorce or separation of the parents, if either parent meets the residence requirements, such person will be considered a resident.

c. If such person comes from another state or country for the predominant purpose of attending the University, he or she shall not be admitted to resident student status upon the basis of the residence of a guardian in fact, except upon approval of the Administrative Appeals Committee in each case.

d. Such person may be classified as a resident student without meeting the twelve (12) month residence requirement if his or her presence in Indiana results from the establishment of residence by his or her parents for reasons which are predominantly other than to enable such person to qualify as a resident student.

e. Persons who have been appointed by the University Board of Trustees to a regular full-time salaried position on the instructional, administrative, or service staff and who register and enroll for courses shall receive resident classification during the term of employment.

f. If such person is a veteran whose home of record was outside the State of Indiana during his period of active duty, who has served at least one year of continuous active duty in the United States military service, has been honorably discharged and is accepted for admission to the University of Southern Indiana within 3 months following discharge from the service will be considered as a resident of Indiana for fee purposes after one semester of enrollment; providing that such person applies for residency classification and takes necessary actions within the first semester or two summer terms of enrollment to establish residency in the State of Indiana.

g. Holders of degrees from the University, who at the time of graduation were residents of the State of Indiana for fee purposes, shall be classified as residents of the State of Indiana for subsequent registrations.

3. Reciprocal Student

Students from the Kentucky counties of Henderson, Hancock, Union, and Daviess are classified as reciprocal students and pay fees equal to those of resident students.

4. Change from Resident to Non-Resident Status

a. When it shall appear that the parents of a student properly classified as a resident student under subparagraph 2d have removed their residence from Indiana, such student shall then be reclassified to the status of non-resident; provided that no such reclassification shall be effective until the beginning of the semester following such removal.

b. A student, classified as resident who has subsequently at any time established residence in any state other than Indiana, shall for any subsequent registration be reclassified as a non-resident student for fee purposes.

c. A person once properly classified as a resident student will be deemed to remain a resident student so long as remaining continuously enrolled in the University until such person's degree shall have been earned, subject to the provisions of subparagraph 2a and b.

5. Foreign Student

The foreign citizenship of a person shall not be a factor in determining resident student status if such person has legal capacity to remain permanently in the United States, providing such person meets all other requirements necessary to change from non-resident to resident status.

6. Change from Non-Resident to Resident Student

A person classified as a non-resident may become eligible for reclassification to a resident student for fee purposes by presenting clear and convincing evidence that he or she has been a resident (see Rule 1) of Indiana for twelve (12) months prior to the first scheduled day of classes of the semester in which his or her fee status is to be considered for change. This evidence must be presented to the Administrative Appeals Committee no later than two weeks following registration for said semester, intersession, or summer session. Such student will be allowed to present his or her evidence twelve (12) months after the date upon which the student commenced the twelve (12) month period for residence. The following factors will be considered relevant in evaluating a requested change in a student's non-resident status and in evaluating whether his or her physical presence in Indiana is for the predominant purpose of attending a college, university, or other institution of higher education:

a. The residence of a student's parents or guardians.

b. The level and source of the student's income to determine that the student has been and is currently dependent upon his or her income and that the income is earned in the State of Indiana.

c. To whom a student has paid and will pay his or her taxes, including income earned in the State of Indiana.

d. The state in which a student's automobile is registered and the date of registration if the student has the use of an automobile.

e. The state issuing the student's driver's license and the date the license was issued if the student is licensed to drive an automobile. f. Where and when the student has registered to vote and where and when the student is currently registered if the student has been or is currently registered to vote.

g. The marriage of the student to a permanent resident of Indiana, the date and place of marriage, the length of time the student's spouse has been a resident of Indiana, the source of income of both parties, the length of time the income of both parties was earned in the State of Indiana, and proof that neither party is claimed as a dependent by their parents or legal guardian on income tax reports to federal and state agencies.

h. Ownership of property, other than personal property, is the State of Indiana and outside the State of Indiana and the length of time of ownership.

i. The state of residence claimed by the student on loan applications, federal income taxes, and other documents requiring information as to a person's state of residence.

j. The employer or company name, address, and dates of the student's summer employment; and the name, address, and dates of attendance of summer school; and the place of vacation.

k. The student's plans for the future including employment and/or continuation of studies.

l. Admission to a licensed profession in Indiana and the date of admission.

m. Membership in civic, community or other formal organizations in Indiana or elsewhere.

n. All present and future connections or contacts outside the State of Indiana.

o. The facts and documents pertaining to the person's past and existing status as a student.

p. Parent's and/or legal guardian's tax returns and other information, particularly when emancipation and/or marriage is claimed. The existence of one or more of the above factors will not require a finding of resident student status, nor shall the non-existence of one or more require a finding of non-resident student status, nor shall the non-existence of one or more require a combination and ordinarily resident student status will not result from the doing of acts which are required or routinely done by sojourners in the State or which are merely auxiliary to the fulfillment of educational purposes.

The fact that a student pays taxes and votes in the State of Indiana does not in itself establish residence in Indiana, but will be considered as hereinto fore set forth.

7. Committees on Residence

a. The Administrative Appeals Committee will classify each appellant student as a resident or non-resident student for fee purposes and will require proof of all relevant information presented as facts by the student pertaining to claims of residence. The burden of proof is upon the student making the claim to Indiana resident status for fee purposes.

b. The Administrative Appeals Committee shall be appointed by the President of the University, and shall include a currently enrolled student from among such as may be nominated by the President of the student government. If fewer than three are nominated, the President of the University may appoint from among students not nominated. The committee is chaired by the Director of Admission.

8. Appeal Procedure

A student who is not satisfied by the determination of the Administrative Appeals Committee has the right to lodge a written appeal, citing the basis of the appeal, with the standing Administrative Appeals Committee within two weeks of receipt of written notice from the Committee. The Committee shall review the appeal in a fair manner and shall afford the student a personal hearing upon written request from the student. A student may be accompanied by one counsel at such hearing if he/she indicates in a written request that he/she wishes his/her counsel to be present at the hearing. The Committee shall report its determination to the student in writing. If the student makes no appeal to the Committee within the time provided herein, the decision of the Administrative Appeals Committee shall be final and binding.

The standing Administrative Appeals Committee is authorized to classify a student as a resident student for fee purposes even though the student does not meet all of the specific conditions of the requirements herein set forth, provided the student presents conclusive evidence of unusual circumstances that fully support a decision for individual residence status for fee purposes and the findings of the Appeals Committee is within the general scope and intent of these rules. This classification by the Appeals committee is effective as long as the student maintains the same status of residence that existed and was presented in his appeal to the Committee.

9. Additional Conditions

a. A student or prospective student who shall knowingly provide false information or shall refuse to provide or shall conceal information for the purpose of improperly achieving resident student status shall be subject to the full range of penalties, including expulsion, provided for by the University, as well as to such other punishment which may be provided for by law.

b. A student who does not pay additional monies which may be due, because of his or her classification as a non-resident student, within 30 days after demand, shall thereupon have his or her registration at the University of Southern Indiana canceled.

c. A student or prospective student who has been classified as a non-resident student and who fails to complete and submit an application for classification as a resident student for fee purposes to the Administrative Appeals Committee within two weeks following registration of a particular semester or session shall be deemed to have waived any alleged overpayment of fees for that semester or session.

d. If any provision of these rules or the application thereof to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of these rules which can be given effect without the invalid provision or application and to this end the provision of these rules are severable.

* Approved by the University of Southern Indiana Board of Trustees, July 1985. Reciprocal policy adopted September, 1991.