Appeal Procedure for Eligibility for In-State Tuition Charges

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University of Mary Washington

Code of Virginia Information

Section 23-7.4 of the Code of Virginia, as amended, governs eligibility for in-state tuition charges. As a part of the statute, Paragraph A of Section

23-7.4:3 provides as follows:

Each public institution of higher education shall establish an appeals process for those students who are aggrieved by decisions regarding

eligibility for in-state or reduced tuition charges pursuant to Sections 23-7.4 and 23-7.4:2. The Administrative Process Act (Section 9-6.14:1 et

seq.) shall not apply to these administrative reviews. An initial determination shall be made. Each appeals process shall include an intermediate

review of the initial determination and a final administrative review. The final administrative decision shall be in writing. A copy of this decision

shall be sent to the student. Either the intermediate review or the final administrative review shall be conducted by an appeals committee

consisting of an odd number of members. No person who serves at one level of this appeals process shall be eligible to serve at any other level of

this review. All such due process procedures shall be in writing and shall include time limitations in order to provide for orderly and timely

resolutions of all disputes. Any party aggrieved by a final administrative decision shall have the right to review in the circuit court for the

jurisdiction in which the relevant institution is located. A petition for review of the final administrative decision shall be filed within thirty days of

receiving the written decision. In any such action, the institution shall forward the record to the court, whose function shall be only to determine

whether the decision reached by the institution could reasonably be said, on the basis of the record, not to be arbitrary, capricious or otherwise

contrary to law.

A complete copy of Section 23-7.4 of the Code of Virginia is on file and available for review in the Reserve Section of Simpson Library. Information is

also available online at the State Council for Higher Education in Virginia web site: www.schev.edu. Search using the keyword “domicile.” At Mary

Washington, the initial determination of eligibility for in-state tuition charges will be made on the basis of the information provided on the Virginia In-

State Tuition Form, which has been completed by the applicant or, if appropriate, by the applicant and the applicant's parent or legal guardian. The initial

determination is made at the time the application for undergraduate, graduate or nondegree course study is processed. If the information provided does not

support the applicant's claim of eligibility for in-state tuition charges, the applicant will be classified as a non-Virginian, and notification of such decision

will be made within ten (10) working days from the date the processing of the application is completed.

If the student or, where appropriate, the parent/legal guardian has additional information to support a claim of eligibility for in-state tuition charges, the

student/parent/legal guardian must complete the Supplemental Application for Virginia In-State Tuition Rates, which can be found on the University web

site: www.umw.edu. Search using the keywords “Student Accounts” and select “Forms” for a link to the Supplemental Application. The completed

application with appropriate supporting documents should be forwarded to the chair of the Virginia In-State Tuition Committee, George Washington

Hall, University of Mary Washington, 1301 College Avenue, Fredericksburg, Virginia 22401-5300. All supporting materials must be received by the

committee chair before action can be taken at the intermediate level.

The University of Mary Washington's Virginia In-State Tuition Committee has three members: 1) the chair, who is the Vice President for Administration

and Finance, 2) the Assistant Dean for Academic Services, and 3) the Dean of Admissions. After all supporting materials are received, the committee will

review the information and render a decision within fifteen (15) working days. The decision of the committee will be in writing and will be sent to the

student.

The student has fifteen (15) working days to appeal the intermediate decision for a final administrative review. All supporting information which was not

previously submitted to the Virginia In-State Tuition Committee shall be forwarded to the President's Chief of Staff, George Washington Hall, University

of Mary Washington, 1301 College Avenue, Fredericksburg, Virginia 22401-5300. The President's Chief of Staff will render a decision on the appeal

within fifteen (15) working days, and notice of this decision will be made in writing to the student.

Any student currently enrolled at Mary Washington who wishes to seek a change of status of eligibility for instate tuition charges must complete the

Supplemental Application for Virginia In-State Tuition Rates and follow the appeals process outlined above for the intermediate administrative review.

It should be noted that at every stage of the process, it is the responsibility of the student/parent/legal guardian to provide clear and convincing evidence

of the claim. Clear and convincing evidence does not mean proof beyond a reasonable doubt as required in a court of law. However, it does mean that the

evidence presented must conclusively support and justify the claim for eligibility for in-state status.

Should the student/parent/legal guardian wish to pursue further appeal after the final administrative review has been completed by the University, the

appeal must follow the provisions in the Code of Virginia and must be made to the presiding judge of the 15th Judicial Circuit Court, 815 Princess Anne

Street, Fredericksburg, Virginia 22401.

University of Mary Washington scholarships are awarded based on the amount of tuition you pay as an in state or out of state student. You may see a

decrease, or possible recension, of your scholarships if your tuition status changes. If your residency appeal is approved, your account charges will be

adjusted accordingly. If you have questions regarding changes to your Financial Aid Packages, you may call the Office of Financial Aid at

540-654-2468. If you have questions regarding your bill, please call 540-654-1250.

May 27, 2010

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Student Supplemental Application for Virginia In-State Tuition Rates

Banner ID Number

Last Name

First Name MI Other Name Used

Zip Code

City

Current Address

Permanent Address (if different)

Zip Code

City

Cell Phone Number

Date of Birth Marital Status

Sex

U.S. Citizen

Permanent Resident

Political Asylum/Refugee

Temporary Visa

Other

Citizenship:

Country of Origin

If you are not a U.S. Citizen, please specify:

Type of Visa

Date of Issue

Expiration Date

Term at this institution for which you are applying for Virginia Status:

If this application is made in connection with an application for admission to this institution, please state to which school(s) or

programs you are applying and the date(s) your applications were filed:

Program

Date

(a)

If you have ever previously been enrolled at a Virginia state institution of higher learning, please indicate your official status

classification during your last term of enrollment.

(b)

Out-of-State

In State

Choose One

Date of Attendance

Institution

Choose One

(a)

(b)

(1)

Specify periods during which you have resided in Virginia and addresses at which you have resided, beginning with your current address:

(2)

From

Month/Year

Address

If residence in Virginia has not been continuous, please give reasons for absences:

If you have lived outside of Virginia at any time during the last five years, specify periods during which you have resided outside Virginia and

addresses at which you have resided:

(3)

From

Month/Year

Address

Home Phone Number

State

Date of Application

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Employment: List any employment during the last three years:

(4)

Employer Hrs. / Wk Address

From

Mo/Yr

Salary

Education: List ALL high schools, colleges, and universities attended; indicate classification (in-state or out-of-state) when appropriate.

(5)

School

From

Mo/Yr

Degree Classification

Expected date of graduation (if applicable)

(c)

If your attendance has not been continuous, please explain

(b)

Date of first or anticipated enrollment

(a)

Attendance at this institution:

(6)

State claimed for income tax purposes

(c)

If you filed in Virginia, did you file a resident or non-resident return for tax year prior to the date of alleged entitlement?

(b)

If yes, to which state(s) and for what year(s)?

YesHave you paid a state income tax to ANY state during one or more of the last 3 years?

(a)

Taxes:

(7)

Not registered to vote.

Select this box if you are not registered to vote.

(b)

State

Date

When and in what state did you last to vote?

(b)

State

District

Date

When and in what state did you last register to vote?

(a)

Voting:

(8)

No driver's license.

Select this box if you do not hold a driver's license.

(d)

Date of Last Renewal

Date Acquired

If you do not have a Virginia driver's license, from which state do you hold a driver's license?

(c)

Date of Last Renewal

When were you first licensed in Virginia?

(b)

Yes

Do you hold a valid Virginia driver's license?

(a)

Driver's License:

(9)

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Motor Vehicle Registration

Yes

Do you operate a motor vehicle?

(a)

(10)

(b)

In whose name is it registered?

In what state is the vehicle registered?

(c)

If Virginia, when was it first registered?

If registered in another state, specify:

Registration Date

Last Renewal Date

Do you own real property (land) in any state?

Yes

(11)

Location

Date of Purchase

Do you have a checking or passbook savings account?

Yes

(12)

Date Opened

Location of Checking Account

Location of Savings Account

Date Opened

Do you receive any type of financial aid?

Yes

(a)

(13)

(b)

If yes, where was the state of the award?

Month/Year of Award

If yes, specify the name of the lending institution and state:

Yes

Did you have to claim legal residence in that state to qualify for any of these awards?

(c)

(b)

Your parent's/legal guardian's domicile (permanent address):

(a)

Parent's or Legal Guardian's Domicile:

(14)

How long has he/she been so domicilied?

Yes

Will you be claimed as a tax dependent on your parent's or legal guardian's income tax return for the

tax year prior to the date of alleged entitlement?

Yes

Did your parents or legal guardians provide you with over half of your financial support for the tax

year prior to the date of alleged entitlement?

If the answers to b and c above are no, please document your means of financial support.

Military Service

Yes

(a)

(15)

(b)

Are you claiming eligibility based upon your military parent or spouse?

Yes

Are you a member of the armed forces?

Not Applicable

If you, your spouse, or your parent are in the military, please provide the following information:

(c)

Applicant Parent / Spouse

Date of Entering Service

Home of Record on Entering

Changes in Home of Record

(dates and states)

Duty Station

Expected Date of Discharge

State Currently Claimed for

Tax Purposes (date)

State where you last paid tax

on your military income

(1)

(2)

(3)

(4)

(5)

(6)

(7)

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Are you claiming entitlement to a special tuition rate as the employee of an agency or institution that has a spcial arranement contract with

this institution?

Yes

(16)

Name of Employer

When and why did you initially move to Virginia?

(17)

Do you presently have the intention of remaining indefinitely in Virginia?

(18)

Yes

If yes, please set forth below, or in a cover letter, any additional factors, including social or economic ties to Virginia, which you believe should

be considered on determining whether you have been a Virginia domiciliary for twelve months prior to the date of alleged entitlement:

Have you accepted an offer of employment with a Virginia employer?

Yes

(19)

Name and Address

of Employer

I hereby certify that the information given is true and accurate. I also understand that if I provide erroneous information in an attempt to evade payment

of out-of-state fees for each term attended and I may be subject to dismissal from the institution.

Signature

Date

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Spouse or Parent or Legal Guardian

Supplemental Application for Virginia In-State Tuition Rates

Instructions: This form is a request for parental information to support an applicant's claim to Virginia domiciliary status. If applicant will be claimed as

a tax dependent or will be substantially supported by his parent on the first day of the term in which he/she plans to enroll, his/her parent (or legal

guardian) must complete the supporting application for Virginia status. The parent who is supporting the applicant or upon whom the applicant is

dependent must fill out this form. Without this information, it will be impossible to determine whether the applicant is eligible for in-state tuition rates

according to the domiciliary requirement set forth in Section 23-7.4 of the Code of Virginia. The application must be submitted prior to the deadline for

the term. Generally, it takes up to fifteen working days to process the application.

Expiration Date

Date of Issue

Type of Visa

Country of Origin

If you are not a U.S. Citizen, please specify:

(b)

U.S. Citizen

Other

Temporary Visa

Political Asylum/Refugee

Permanent Resident

(a)

Choose One

Citizenship:

Work Phone NumberHome Phone Number

Zip CodeState

City

Home Address (if different)

Zip CodeState

Current Address

Name of Applicant

Date of Application

Banner ID Number

Name of Parent of Legal Guardian

Relationship to Applicant

City

(1)

(2)

(3)

(4)

(5)

Have you been a legal domiciliary (permanent resident) of Virginia for the past 12 months?

(6)

Yes

If no, state of permanent residence

Yes

Will the applicant be claimed as a dependent on your federal or state income tax return for the tas year prior to the date for which in-state tuition

rates are sought?

(7)

Will you provide over half of the applicant's financial support for the year prior to the date for which in-state tuition rates are

sought?

(8)

Yes

If so, in what form(s) will you provide this support? (e.g., tuition, books, clothing, transportation, medical and dental cart, etc.

(9)

Yes

If you are the applicant's guardian, is this by court decree?

Father

Mother

Is either of the applicant's parents deceased?

(10)

Neither

Divorced

Separated

Married

The applicant's parents are:

(11)

Other

List your address(es) for the two-year period preceding the term in which the applicant will enroll. List current address first:

(12)

From

Month/Year

Address

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Employment information (for at least one year prior to the date for which in-state tuition rates are sought):

(13)

Employer Hrs. / Wk Address

From

Mo/Yr

Salary

Self:

Spouse:

Employer Hrs. / Wk Address

From

Mo/Yr

Salary

Did you file a state income tax return to Virginia for income earned during the past two years?

(14)

Yes

(16)

Yes

(15)

Did you file a state income tax to another state for income earned during the past two years?

Years

Did Not File

Non-Resident

Resident

Did you file your last state income tax return as a:

(17)

Yes

Are you registered to vote?

City

Where are you registered to vote?

(a)

Country

When did you register to vote?

(b)

Month

Year

Month

When and where did you last vote?

(c)

State

Do you have a valid Virginia driver's license?

(18)

Yes

If you have a Virginia driver's license, when was it first issued?

(a)

Month

Year

YesHave you had a driver's license from another state within the last five years?

(b)

Year

Month

If so, when was it issued?

Do you operate a motor vehicle?

(19)

Yes

(a)

In whose name is it registered?

(b)

Year

Month

When was it first registered in the above-noted state?

In what state is it registered?

(c)

Location of checking and passbook/savings accounts and date account was opened:

(21)

Date Opened

Location of Checking Account

Do you own real property (land) in any state?

Yes

(20)

State

If so, where is it:

City

County

(a)

Year

Month

When did you purchase it?

(c)

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If you have served in the military within the last five years, please provide the following information:

(22)

Date of Entering Service

Initial Home of Record

Changes in Your Home of Record (dates and states)

Current Official Location

Date of Discharge (expected)

(a)

(b)

(c)

(d)

(e)

Do you have an intention of remaining in Virginia indefinitely?

(23)

Yes

To support your answer to Question 23, please discuss your reasons for wanting to stay in or leave Virginia.

You may set forth in a cover letter any further evidence of social or economic ties to Virginia which you believe should be considered in determining

the applicant's status for payment of in-state tuition.

Signature of Spouse or Parent

Date

(24)

I hereby certify that the information given is true and accurate. I also understand that if I provide erroneous information in an attempt to evade payment

of out-of-state fees, I shall be charged out-of-state fees for each term attended and I may be subject to dismissal from the institution.

Signature of Legal Guardian