State residency classification for tuition purposes training july 2010
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Lesson 10 Appeals to the State Residence Committee Anne White UNC School of the Arts. State Residency Classification for Tuition Purposes Training July 2010. North Carolina State Residence Classification Manual A Manual to Assist the Public Higher Education Institutions

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State Residency Classification for Tuition Purposes Training July 2010

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State residency classification for tuition purposes training july 2010

Lesson 10 Appeals to the State Residence Committee

Anne White

UNC School of the Arts

State Residency Classification for Tuition Purposes

Training

July 2010

North Carolina

State Residence Classification Manual

A Manual to Assist the Public Higher Education Institutions

of North Carolina in the Matter of State Residence

Classification for Tuition Purposes

State Residence Committee: Lesson 10


This lesson covers

This Lesson Covers

  • Most Recent Details of the Policies and Procedures of the State Residence Committee (SRC) as it applies its:

State Residence Committee: Lesson 10


This lesson covers1

This Lesson Covers

  • Most Recent Details of the Policies and Procedures of the State Residence Committee (SRC) as it applies its:

    • Composition

State Residence Committee: Lesson 10


This lesson covers2

This Lesson Covers

  • Most Recent Details of the Policies and Procedures of the State Residence Committee (SRC) as it applies its:

    • Composition

    • Functions

State Residence Committee: Lesson 10


This lesson covers3

This Lesson Covers

  • Most Recent Details of the Policies and Procedures of the State Residence Committee (SRC) as it applies its:

    • Composition

    • Functions

    • Grounds for Appeal

State Residence Committee: Lesson 10


This lesson covers4

This Lesson Covers

  • Most Recent Details of the Policies and Procedures of the State Residence Committee (SRC) as it applies its:

    • Composition

    • Functions

    • Grounds for Appeal

    • Procedures and Deadlines

State Residence Committee: Lesson 10


This lesson covers5

This Lesson Covers

  • Most Recent Details of the Policies and Procedures of the State Residence Committee (SRC) as it applies its:

    • Composition

    • Functions

    • Grounds for Appeal

    • Procedures and Deadlines

    • Basis of Review

State Residence Committee: Lesson 10


This lesson covers6

This Lesson Covers

  • Most Recent Details of the Policies and Procedures of the State Residence Committee (SRC) as it applies its:

    • Composition

    • Functions

    • Grounds for Appeal

    • Procedures and Deadlines

    • Basis of Review

    • Disposition of the Cases

State Residence Committee: Lesson 10


Composition

Composition

  • Equal Representation from the University System and the Community College System Office. Currently there are 7 from each system.

State Residence Committee: Lesson 10


Composition1

Composition

  • Equal Representation from the University System and the Community College System Office. Currently there are 7 from each system.

  • Current term of appointment = 2 years September to July

State Residence Committee: Lesson 10


Composition2

Composition

  • Equal Representation from the University System and the Community College System Office. Currently there are 7 from each system.

  • Current term of appointment = 2 years September to July

  • One Co-Chair from each system main office

State Residence Committee: Lesson 10


Composition3

Composition

  • Equal Representation from the University System and the Community College System Office. Currently there are 7 from each system.

  • Current term of appointment = 2 years September to July

  • One Co-Chair from each system main office

  • Members recuse themselves during deliberations, discussion, and voting on records from their own institutions

State Residence Committee: Lesson 10


Functions

Functions

  • Decide cases appealed to it from the campuses

State Residence Committee: Lesson 10


Functions1

Functions

  • Decide cases appealed to it from the campuses

  • Evaluate campus procedures, current law and substantive rules, and make appropriate recommendations

State Residence Committee: Lesson 10


Functions2

Functions

  • Decide cases appealed to it from the campuses

  • Evaluate campus procedures, current law and substantive rules and make appropriate recommendations

  • Maintain a current State Residence Classification Manual = a.k.a. “The Manual”

State Residence Committee: Lesson 10


Functions3

Functions

  • Decide cases appealed to it from the campuses

  • Evaluate campus procedures, current law and substantive rules and make appropriate recommendations

  • Maintain a current State Residence Classification Manual = a.k.a. “The Manual”

  • Advise and share general advice about residency classifications for tuition purposes including training opportunities for classifiers

State Residence Committee: Lesson 10


Grounds for appeal

Grounds for Appeal

  • There are four sole grounds for appeal:

    • The decision was made in disregard of or mistake with reference to the requirements of law or Manual policy

State Residence Committee: Lesson 10


Grounds for appeal1

Grounds for Appeal

  • There are four sole grounds for appeal:

    • The decision was made in disregard of or mistake with reference to the requirements of law or Manual policy

    • Manual provisions as currently stated do not address the present issue and the decision violates state or federal law

State Residence Committee: Lesson 10


Grounds for appeal2

Grounds for Appeal

  • There are four sole grounds for appeal:

    • The decision was made in disregard of or mistake with reference to the requirements of law or Manual policy

    • Manual provisions as currently stated do not address the present issue and the decision violates state or federal law

    • Manual provisions as currently stated are at disagreement with later developed case law relevant to the decision

State Residence Committee: Lesson 10


Grounds for appeal3

Grounds for Appeal

  • There are four sole grounds for appeal:

    • The decision was made in disregard of or mistake with reference to the requirements of law or Manual policy

    • Manual provisions as currently stated do not address the present issue and the decision violates state or federal law

    • Manual provisions as currently stated are at disagreement with later developed case law relevant to the decision

    • The record does not support the conclusion reached by the institution and is not reasonable

State Residence Committee: Lesson 10


Procedures and deadlines

Procedures and Deadlines

  • The SRC follows the policies and procedures of both its operation as well as the policies and procedures of the institution

State Residence Committee: Lesson 10


Procedures and deadlines1

Procedures and Deadlines

  • The SRC follows the policies and procedures of both its operation as well as the policies and procedures of the institution

  • Deadlines are strictly followed

State Residence Committee: Lesson 10


Procedures and deadlines2

Procedures and Deadlines

  • The SRC follows the policies and procedures of both its operation as well as the policies and procedures of the institution

  • Deadlines are strictly followed

  • Failure to follow timelines and procedures will result in a dismissal of the case by the SRC

State Residence Committee: Lesson 10


Basis for review

Basis for Review

  • The SRC ONLY reviews the case “on the record” and no new information may be attached, forwarded or included that was not reviewed by the campus classifying bodies

State Residence Committee: Lesson 10


Basis for review1

Basis for Review

  • The SRC ONLY reviews the case “on the record” and no new information may be attached, forwarded or included that was not reviewed by the campus classifying bodies

  • Additional materials will not be reviewed by the SRC, including new information contained within the student’s appeal letter to the SRC.

State Residence Committee: Lesson 10


Filing appeals with the src

Filing Appeals with the SRC

  • The Policies and Procedures of the State Residence Committee (Amended March 10, 2009) provides clear steps for the procedures a petitioner must follow in the filing of an appeal with the SRC

State Residence Committee: Lesson 10


Filing appeals with the src1

Filing Appeals with the SRC

  • The Policies and Procedures of the State Residence Committee (Amended March 10, 2009) provides clear steps for the procedures a petitioner must follow in the filing of an appeal with the SRC

  • As defined in the current policy, a total of 50 days plus processing time may pass before the case arrives at the SRC

State Residence Committee: Lesson 10


Filing appeals with the src2

Filing Appeals with the SRC

  • The Policies and Procedures of the State Residence Committee (Amended March 10, 2009) provides clear steps for the procedures a petitioner must follow in the filing of an appeal with the SRC

  • As defined in the current policy, a total of 50 days plus processing time may pass before the case arrives at the SRC

  • The case must be received at UNC at least 30 days prior to the next scheduled SRC meeting

State Residence Committee: Lesson 10


Disposition of cases

Disposition of Cases

  • Sustain

State Residence Committee: Lesson 10


Disposition of cases1

Disposition of Cases

  • Sustain

  • Overturn

State Residence Committee: Lesson 10


Disposition of cases2

Disposition of Cases

  • Sustain

  • Overturn

  • Decline to review due to procedural error or proper bases for review

State Residence Committee: Lesson 10


Disposition of cases3

Disposition of Cases

  • Sustain

  • Overturn

  • Decline to review due to procedural error or proper bases for review

  • Remand for further institutional inquiry or further action. This case could return to SRC at a later time for final appeal if campus concludes terms of the remand and decision remains out–of-state

State Residence Committee: Lesson 10


Disposition of cases4

Disposition of Cases

  • Sustain

  • Overturn

  • Decline to review due to procedural error or proper bases for review

  • Remand for further institutional inquiry or further action. This case could return to SRC at a later time for final appeal if campus concludes terms of the remand and decision remains out–of-state

  • Final decision is provided in writing

State Residence Committee: Lesson 10


Disposition of cases5

Disposition of Cases

  • Sustain

  • Overturn

  • Decline to review due to procedural error or proper bases for review

  • Remand for further institutional inquiry or further action. This case could return to SRC at a later time for final appeal if campus concludes terms of the remand and decision remains out–of-state

  • Final decision is provided in writing

  • The SRC is the final administrative remedy

State Residence Committee: Lesson 10


Notice of final src decision

Notice of Final SRC Decision

  • The SRC is exempt form the North Carolina Administrative Procedure Act and is not required to give reasons for its decisions

State Residence Committee: Lesson 10


Forms used for appeals

Forms used for Appeals

  • One of the duties of the SRC is to review, advise and adopt forms used by the institutions for the purpose of conducting appeals

    Make routine visits to the website:

    http://www.northcarolina.edu/legal/residence/index.htm

    For updates and changes in residency classification law

State Residence Committee: Lesson 10


State residency classification for tuition purposes training july 2010

THANK YOU!

State Residence Committee: Lesson 10


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