Residency Appeals Policy and Procedures

1. BASIS FOR RESIDENCY CLASSIFICATION

The Commonwealth of Kentucky has established a process and corresponding criteria for the determination of residency classification for students seeking admission to, or enrolled in, public institutions of higher education. The Council on Postsecondary Education (hereinafter referred to as "CPE") has established Kentucky Administrative Regulation 13 KAR 2:045 (hereinafter referred to as "the Regulation") to be followed by all public institutions of higher education in the Commonwealth concerning residency classification. As well as being published in the current Undergraduate Catalog, this Regulation can be found in the current Graduate Catalog and copies are available upon request from the Office of Admissions, located in Student Services Building, Room 112 or by calling (859) 622-2106 or 1-800-465-9191.

2. INSTITUTIONAL ADMINISTRATION OF THE RESIDENCY POLICY

The CPE authorizes each institution to establish a procedure for the determination of residency classification based upon the Regulation.

2.1 Office of Admissions
The Office of Admissions, Student Services Building, Room 112, CPO 54, 521 Lancaster Avenue, Richmond, KY 40475-3154, at Eastern Kentucky University serves as the coordinating office for institutional implementation of the Regulation. Instructions for filing applications for reclassification and copies of the Regulation are available in this office. Also, Admissions staff members are available to answer questions regarding policy and procedures.

2.2 Initial Classification
The initial determination of residency status is made by the University based upon the credentials submitted by an applicant for admission to the University in accordance with the Regulations.

2.3 Appeal of Residency Status
Once an initial classification of residency is made by the Office of Admissions, it is the student's responsibility to initiate an appeal of such classification. Request for reclassification must be filed with the Office of Admissions NO LATER THAN 30 CALENDAR DAYS after the first full day of classes of the fall or spring academic term for which reclassification is sought or not later than ten (10) calendar days after the first day of class for the summer term. Request for reclassification are to be made in affidavit form on the form available from the Office of Admissions. A student may apply only once during an academic term. A student classified as a non-resident will retain that status until a change is brought about by successful appeal. If an appeal results in a change of classification, the change will not be effective earlier than the semester during which the appeal is filed. If a student is initially classified non-resident but does not enroll the semester for which the student originally applied, the residency classification will be reassessed for subsequent semesters.

2.4 Affidavit (Application for Reclassification)
Affidavits will not be accepted unless the form is fully completed, properly signed and notarized. In no case will a decision be granted without an affidavit and all required supporting documentation.

2.5 Documentation
Because of the variety of factors related to establishing residency for tuition purposes, the number of documents required to complete an appeal may vary from case to case. In all cases, the University may require certification of authenticity of documents. It is the appealing student's responsibility to provide sufficient documentation to clarify circumstances related to the appeal. In all cases, circumstances related to establishing domicile must be verifiable.

2.6 Review of the residency file by the Residency Appeals Officer
A Residency Appeals Officer designated by the University shall review the affidavit and documentation and notify the student, in writing, within fourteen (14) days of making a determination. Students who do not agree with the Residency Appeals Officer's determination may appeal his/her residency status to the University's Residency Review Committee within fourteen (14) days of the Residency Appeals Officer's determination.

3. UNIVERSITY RESIDENCY REVIEW COMMITTEE

Pursuant to the Regulation, Eastern Kentucky University has a Residency Review Committee (hereinafter referred to as the "Committee") to review and evaluate student affidavits for reclassification and to consider changes in the residency classification.

3.1 Timely Appeal
The Student must notify the Residency Appeals Officer in writing, if he or she wishes his/her case to be reviewed by the Committee, within fourteen (14) calendar days after notification of the Residency Appeals Officer's determination. The Residency Appeals Officer shall immediately forward the request and the student's residency file to the Chair of the Committee.

3.2 Committee Membership
The Residency Review Committee shall be comprised of three members: the Assistant Vice President for Enrollment Management; a member of the Faculty-at-Large, who shall be appointed annually by the Faculty Senate; and a member of the student body, who shall be appointed by the Office of the Vice President for Student Affairs from a list of students recommended by the Student Association.

3.3 Determination of the Committee
The Committee shall issue a written decision citing the section of the Regulation on which the decision is based. The Committee may vote to defer a case for additional documentation, or the Committee may make a decision contingent upon conditions prescribed by the Committee. The Chair of the Committee will then determine when and whether contingencies are met.