state residency classification for tuition purposes training july 2010 north carolina state...
TRANSCRIPT
State Residency Classification for Tuition Purposes
Training July 2010
North CarolinaState Residence Classification ManualA Manual to Assist the Public Higher Education Institutionsof North Carolina in the Matter of State ResidenceClassification for Tuition Purposes
Lesson 10 Appeals to the State Residence CommitteeAnne 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:http://www.northcarolina.edu/legal/residence/index.htm
For updates and changes in residency classification law
State Residence Committee: Lesson 10
State Residence Committee: Lesson 10
THANK YOU!