State Residency Classification for Tuition Purposes Training July 2010

1. 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

2. 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

3. 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

4. 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

5. 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

6. 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

7. 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

8. 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

9. 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

10. 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

11. 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

12. 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

13. Functions • Decide cases appealed to it from the campuses State Residence Committee: Lesson 10

14. 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

15. 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

16. 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

17. 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

18. 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

19. 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

20. 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

21. 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

22. 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

23. 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

24. 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

25. 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

26. 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

27. 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

28. 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

29. Disposition of Cases • Sustain State Residence Committee: Lesson 10

30. Disposition of Cases • Sustain • Overturn State Residence Committee: Lesson 10

31. Disposition of Cases • Sustain • Overturn • Decline to review due to procedural error or proper bases for review State Residence Committee: Lesson 10

32. 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

33. 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

34. 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

35. 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

36. 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

37. THANK YOU! State Residence Committee: Lesson 10