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 Lesson 10 Appeals to the State Residence Committee Anne White UNC School of the Arts State Residence Committee: Lesson 10

 Most Recent Details of the Policies and Procedures of the State Residence Committee (SRC) as it applies its: State Residence Committee: Lesson 10

 Most Recent Details of the Policies and Procedures of the State Residence Committee (SRC) as it applies its: ◦ Composition State Residence Committee: Lesson 10

 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

 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

 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

 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

 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

 Equal Representation from the University System and the Community College System Office. Currently there are 7 from each system. State Residence Committee: Lesson 10

 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

 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

 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

 Decide cases appealed to it from the campuses State Residence Committee: Lesson 10

 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

 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

 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

 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

 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

 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

 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

 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

 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

 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

 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

 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

 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

 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

 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

 Sustain State Residence Committee: Lesson 10

 Sustain  Overturn State Residence Committee: Lesson 10

 Sustain  Overturn  Decline to review due to procedural error or proper bases for review State Residence Committee: Lesson 10

 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

 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

 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

 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

 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: For updates and changes in residency classification law State Residence Committee: Lesson 10

THANK YOU!