Residency Guidelines
The University of Southern Indiana Board of Trustees has
established the following regulations regarding the "residence
classification" of students attending the University.
General
These regulations establish the policy under which students shall
be classified as residents, reciprocal, or non-residents for fee
purposes at the University of Southern Indiana. Students classified
as non-residents shall be required to pay as a non-resident
student. The assessment of fees for any semester or session will be
governed by the residence classification at the time of
registration.
These regulations became effective May 20, 1974, and were amended
by the reciprocity policy in September 1991. No person properly
classified as a resident student before May 20, 1974, shall be
adversely affected by these regulations if the student attended
college before this date and while the student remains continuously
enrolled, as long as the circumstances under which the student was
ruled a resident remain constant.
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 unemancipated
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 institutionof 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 hereintofore 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.