The Residency Manual
III. Procedures for Classifying by Residency for Tuition Purposes (continued)
B. Subsequent Classification Inquiries: Reclassification.
A residence status classification once assigned (and finalized pursuant to any appeal properly taken) may be changed thereafter only at intervals corresponding with the established primary divisions of the academic calendar of the institution, viz., at the beginning of a semester, quarter, or otherwise denominated basic interval of the academic calendar. No change in residence status classification for tuition purposes (and thus no change in applicable billing rates) shall be effected during such a semester, quarter, or term, with resulting increases or decreases in the tuition obligation prorated for a portion of such semester, quarter, or term. Reclassifications may be appealed by either the student or the institution, under the rules set forth in Section F, below. If the reclassification inquiry (or any appeal taken in connection therewith) is not completed prior to commencement of the next succeeding pertinent semester, quarter, or term, the pre-existing classification shall prevail for purposes of tuition billing, with the understanding that a final conclusion in the classification or reclassification shall result in appropriate, prompt supplemental billing for any underpayment or refund for overpayment, for the intervening term(s).
An institution is not required to investigate independently to determine whether there may have been a change in operative facts relative to an individual student's existing resident status. Under the burden of conscientious and good faith discharge of its administrative responsibilities, however, an institution has the responsibility to investigate a student's resident status where it has reason to believe from the relevant information that there has been a change in operative facts relative to an individual student's resident status. The need to make such an inquiry rests upon a finding by the institution that the likelihood of a change in operative facts is substantial. Where the information comes from a third party, the institution may weigh the substantiality of the information in determining whether to investigate.
The institution shall provide to each student at the time of and in connection with the transmission to the student of each periodic bill for tuition charges a notice of the circumstances under which and the time at which a change in classification may occur. The notice shall be similar to that set forth in Appendix C .
This Section B shall not be construed to prohibit either an applicant for residentiary classification nor an institution of higher education from seeking reclassification with respect to a term or semester for which a residentiary determination has already been rendered, except as limited by the provisions of paragraphs 1 and 2, below.
- Changes from nonresident to resident classification .If a student is classified initially as a nonresident, it is the responsibility of the student thereafter to petition the responsible official or office for reclassification to resident status if the student believes that subsequent changes in facts justify such a reclassification. The institution will not assume responsibility for initiating such an inquiry independently. The student may file such a petition at any time after expiration of the 12-month period as a legal resident (domiciliary) acquired by any of the means provided by G.S. 116-143.1. The change in classification, if deemed to be warranted, shall be effective at the academic term next following the date of application for reclassification, provided, that a change in residence classification may be retroactive to the beginning of an academic term during which application was made if the twelve-month period is found to have been satisfied as of the beginning of that term. No change to in-state status may be obtained by a student for an academic term that has ended before the date of the petition for reclassification unless a change in residence law or policy itself is the cause for the reclassification petition and that change was made retroactive in effect to a point in time preceding the expired academic term(s).
- Changes from resident to nonresident classification. If a student is classified initially as a resident, again, either the student or the institution thereafter may initiate a reclassification inquiry, based on changes in facts which would appear to justify such an inquiry. Again, it is the responsibility of the affected student who is aware of changes in facts which would serve to apprise a reasonable person that there was reasonable doubt about the validity of the existing residential classification to file a petition for reclassification. Failure of a student during a period of more than one semester, quarter, or term from the date of adverse change in operative facts to file such a petition under the circumstances prescribed shall be cause for appropriate disciplinary action against the student by the institution, including, but not necessarily limited to, cancellation of registration and enrollment. The institution may initiate the reclassification inquiry independently at any time after the occurrence of the material events or changes in facts which give rise to a reasonable doubt about the validity of the existing residential classification.
- Erroneous classifications, erroneous notices concerning classification, and fraudulent applications. The substantive propriety of a residence classification may be tested through the appeal remedies described in Section F, below. Such residence determinations if reversed on appeal may be described as having been "erroneous classifications." Erroneous classifications are to be distinguished, however, from proper (or at least undisputed) classifications that are communicated erroneously to the classified student or within the classifying institution; these communications are "erroneous notices concerning classification." Such erroneous notices may be letters announcing a residence status determination, tuition billing notices, or institutional directives or notations for internal use of the classifying institution. Erroneous notices are by definition written communications.
a. Where a student, having been classified (i.e., found) a nonresident for tuition purposes, receives from an institutional officer an erroneous notice announcing the student to be, or treating the student as , a resident for tuition purposes, the student shall not be responsible for paying the out-of-state tuition differential for any enrolled term commencing before the classifying institution gives to the student actual or constructive notice in writing of the erroneous nature of the prior notice.
b. Where a student has been classified as resident for tuition purposes following submission by the student of falsified residentiary information or after the student has knowingly withheld residentiary information, the application of the student for in-state tuition status is fraudulent. An institution may re-examine an application suspected as being fraudulent, make a residence status redetermination thereof, and change the status of the student, if warranted, retroactively to the beginning of the term with respect to which the fraudulent application had originally been made. Such a retroactive change would make the student responsible for the out-of-state tuition differential for the enrolled term(s) intervening between the fraudulent application and its discovery.
