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Wayne State University Statutes
| 2.34.03 | Residency |
| 2.34.03.010 | The following regulations and review procedures are established by Wayne State University for tuition and fee purposes. The University recognizes that a variety of definitions exist for the term "resident" and applicants are encouraged to give careful attention to these regulations which define residency for University purposes. |
| 2.34.03.020 | Regulations |
| No student is eligible for resident classification unless (s)he or, if (s)he is a minor, the person from whom (s)he derives residence (pursuant to Secs. 2.34.03.070 through 2.34.03.130 below), meets the qualifications prescribed herein for residence and has lived in this state continuously for at least six months immediately prior to the first day of classes of the term for which resident classification is being sought, save for temporary absences as defined in Sec. 2.34.03.030 below. | |
| 2.34.03.030 | For the purposes of these regulations, the terms "residence" and "domicile" are synonymous. In general, domicile is the place where a person actually resides with the intention of making it the person's true, fixed, permanent home and principal establishment and to which, whenever (s)he is temporarily absent, (s)he has the intention of returning. Full-time attendance at school outside Michigan and initial enlistment in a military service are examples of temporary absences. Other absences for more than six months will be presumed to be nontemporary. The fact of physical presence at the dwelling-place and the intention to make it a home must concur and the intention must be to make a home in fact in a certain place, and not an intention to acquire a domicile in order to obtain the benefit of the legal consequences of having a domicile there. A person may have but one domicile at a time, and a domicile, once established, continues until it is superseded by a new domicile. |
| 2.34.03.040 | Normally, the sojourn in this state of a student from another state for the primary purpose of attending school is not residence and it is presumed that a non-resident at the time of his or her enrollment continues in that classification throughout his or her presence as a student, except where it can be established that his or her previous domicile has been abandoned and a new one established. If a student enrolls in undergraduate school or law school for more than eight credit hours, or in graduate school for more than six credit hours in any one full-length term, within six months after arrival in Michigan, it is normally presumed that the student's sojourn is for the purpose of attending school and not to establish domicile. |
| 2.34.03.050 | The following facts, although not conclusive, have probative value in support of a claim for residence classification: Acceptance of an offer of permanent employment in this state; former residence in the state and the maintenance of significant connections therein while absent; economic, or social compulsion causing a person to abandon a former residence and acquire residence in the state with attendance at the University only an incident to such residence. |
| 2.34.03.060 | The following facts, standing alone, are not accepted as sufficient evidence of domicile: Employment by the University as a fellow, scholar, assistant, or in any position normally filled by students; a statement of intention to acquire a domicile in this state; voting or registration for voting; the lease of living quarters; payment of local and state taxes; automobile registration; driver's license; or continued presence in Michigan 1 during vacation periods. |
| 2.34.03.070 | For purposes of these regulations, the age of majority is l8 years. A minor does not have the capacity to establish his or her own domicile. Normally, the domicile of a minor follows: |
| 2.34.03.080 | • That of the parents or surviving parent; or |
| 2.34.03.090 | • That of the parent to whom custody of the minor has been awarded by a divorce or other judicial decree; or |
| 2.34.03.100 | • That of the parent with whom the minor in fact makes his or her home, if there has been a separation without a judicial award of custody; or |
| 2.34.03.110 | • That of an adoptive parent, where there has been a legal adoption, even though the natural parents or parent may be living; or |
| 2.34.03.120 | • That of a "natural" guardian, such as grandparent with whom the minor in fact makes his or her home, where the minor has permanently left his or her parental home and reasonable expectation of substantial financial support from the parents has been dissolved. |
| 2.34.03.130 | If a Michigan resident parent or guardian of a minor moves his or her residence to another state, the minor shall remain eligible for resident tuition status as long as (s)he continues to attend school regularly in this state. |
| 2.34.03.140 | Where a general guardian has been appointed by the state of the ward's domicile, at the time of appointment of ward's domicile, presumption remains in that state. The appointment by a Michigan court of a resident guardian of a minor not domiciled in this state at the time of appointment has no effect upon the domicile of the ward. |
| 2.34.03.150 | A minor who has permanently left his or her parental home, and who has no reasonable expectation of substantial financial support from his or her parents or legal guardian, etc., may qualify for residency status as if (s)he were of majority age. |
| 2.34.03.160 | An alien student may apply for resident status under one or more of the following regulations in the same manner as a citizen, if (s)he is in the United States for more than a temporary purpose. In order to demonstrate that (s)he is here for other than a temporary purpose, the alien student must be either a permanent resident alien with an I-151 or I-551 Alien Receipt Card or an applicant for adjustment to permanent resident alien status whose application has been approved by the Immigration & Naturalization Service; OR an alien with a G-4 visa, OR an alien with an I-94 Arrival-Departure Record Card, endorsed either "refugee" or "applicant for adjustment"; OR an alien with documentation from the Immigration and Naturalization Service that (s)he has been granted asylum in the United States; OR an alien with other documentation from the Immigration and Naturalization Service that reflects status equivalent to one of the above denominated categories. |
| 2.34.03.170 | Review Procedures |
| Initial Classification and Appeal Registering under proper residence and advising the Office of Admissions of changes in circumstances which might affect residence classification is the responsibility of the student. Questions concerning a student's residence 1 should be raised initially with the Office of Admissions. |
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| 2.34.03.180 | A student may challenge the initial classification by filing an Application for Residence Classification with the Registrar. Forms are available in either the Registration Office or the Registrar's Office. Except for delays caused by University personnel, Applications for Residence Classification must be filed within the term for which resident classification is claimed. |
| 2.34.03.190 | A student may appeal from the administrative classification by filing a written notice of appeal with the Registrar's Office within sixty days after the student is notified of the administrative classification. The notice of appeal shall include reasons for the appeal, the period for which resident status is claimed, and a complete statement of the facts on which the appeal is based, together with supporting affidavits or other documentary evidence. Failure to file notice within sixty days shall constitute a waiver of any right to appeal from the administrative classification which shall become final. |
| 2.34.03.200 | The Office of the General Counsel shall review the appeal and render a decision. A student may appeal an adverse decision by filing a written notice of appeal with the Office of the General Counsel within fifteen (15) days from the date of the decision. Failure to file a written notice of appeal with the Office of the General Counsel shall constitute a waiver of any right to appeal to the President or his designee. While the student has the right to consult the University Ombudsman at any time, the student may particularly want to utilize the Ombudsman's services at this point in the review procedure. |
| 2.34.03.210 | After a student appeal, the President or his designee shall review the student's appeal on the record and render a final decision. |
| 2.34.03.220 | If erroneous classification has occurred, a refund for the appropriate period and amount will be made. |
| 2.34.03.230 | Reclassification and Appeal |
| A student, having been initially classified as a non-resident and having decided that (s)he has since become a resident, may initiate action for reclassification in the same manner as for challenging an initial classification pursuant to Sec. 2.34.03.180 above. | |
| 2.34.03.240 | If the petitioner is dissatisfied with the finding of the Registrar's Office, (s)he may appeal in the same manner as prescribed for appeals from initial administrative classifications as in Sec. 2.34.03.180 above. |
| 2.34.03.250 | Erroneous Classification |
| If any student having been classified as a resident student shall be determined to have been erroneously so classified, (s)he shall be reclassified as a non-resident student, and if the cause of his or her incorrect classification shall be found to be due to any material concealment of facts or false statement made by him or her at or before the time of his or her original classification, (s)he shall be required to pay all tuition fees which would have been charged to him or her except for such erroneous classifications and shall be subject also to appropriate discipline in accordance with University policies. If it is determined that there is no such concealment of facts by the student, fees shall be adjusted only for current and future terms. | |
Legislative History
Adopted 6-0; Official Proceedings 24:3315 (9 November 1979)
Amended(1) 5-0; Official Proceedings 28:3860 (28 October 1983)
Amended(2) 5-0; Official Proceedings 37:4897 (12 February 1993)
Prior Acts: Official Proceedings 16:2029
Cross References
Sec. 2.74.01 (Tuition Rates)