REG 01.25.07 - Residency Appeals Procedures

Authority: Issued by the Chancellor. Changes or exceptions to administrative regulations issued by the Chancellor may only be made by the Chancellor.

History: First Issued: November 18, 2002. Last Revised: January 24, 2012.

Related Policies: 
UNC Policy Manual 900 - Student Residency Policies

Additional References:
North Carolina State Residence Classification Manual (revised and approved August 4, 2010)

Contact Info: Vice Chancellor and Dean of Academic and Student Affairs (919-513-7204)


1.  INTRODUCTION

1.1  In accordance with the requirements of the North Carolina State Classification Manual (“Manual”), the Chancellor has established the University’s Residency Appeals Board.  The Residency Appeals Board has been delegated the responsibility of reviewing and ruling on residency determinations when a student requests an appeal on the determination of their residency status.

2.  APPEAL PROCEDURES

2.1  Any enrolled NC State student who is unsatisfied with the residency determination may appeal the decision to the Residency Appeals Board.  The grounds for appeal to the Residency Appeals Board are:

2.1.1  That the residency decision was made in disregard of or mistake with reference to the requirements of law or Manual provisions;

2.1.2  That Manual provisions as currently stated do not address the present issue presented by the residency decision;

2.1.3  That Manual provisions conflict with subsequently developed case law pertinent to the residency decision; and/or

2.1.4  That the residency decision is not supported by the evidence of record.

2.2  Written requests for an appeal must be submitted to the University Residency Officer within thirty (30) days of the mailing date of the decision.  The  Statement of Appeal form provided by the Residency Officer specifically for this purpose is sufficient to satisfy this requirement.  The student petitioner will be notified when his/her written request for a hearing has been received by the University Residence Officer.

2.3  The Residency Appeals Board may review the petitioner's file before any hearing.  If the Board decides that the residency request should be granted, based on the file, the petitioner will be notified of this result and there will be no hearing and no further residency appeal proceedings.  In all other cases, the petitioner may proceed with the appeal hearing and no final decision will be made until the petitioner has presented his/her evidence and arguments to the Board.

2.4  The petitioner shall be informed in writing that he or she will be permitted to make a personal appearance before the Residency Appeals Board; however, his or her presence is not mandatory.  Representation by legal counsel is permitted.  If legal representation is to be used, the Board must be notified of this intent ten (10) working days prior to the hearing, so as to allow the Board to have legal counsel present.

2.5  The Residency Appeals Board may request the appearance of any person believed to have information pertinent to the inquiry, including the Director of Admissions.  The petitioner may present additional written evidence prior to or at the hearing in his or her behalf.

2.6  The Residency Appeals Board will normally meet on the 2nd and 4th Thursday of each month.  The Chair may call other meetings as necessary.

2.7  Decisions of the Residency Appeals Board will be by a majority of those present and voting.  A hearing will not be conducted unless at least three members are present.

2.8  The Chair will inform the petitioner by mail of the Residency Appeals Board 's decision and the reasons for the decision.  If the Board makes a decision adverse to the student, the student will also be informed that the decision may be appealed to the State Residency Committee, and the procedure to be followed to institute such an appeal.

2.9  The Residency Appeals Board will inform the Registrar, Director of Admissions, Office of Business Affairs, Graduate School (as appropriate) and Office of Financial Aid of its decision if residency is granted.  A copy of the Residency Appeals Board 's letter to the student will be included in the student's permanent folder.

3.  BOARD MEMBERSHIP

3.1  The University’s Residency Appeals Board shall consist of six (6) permanent members: the Provost or designee, who serves as Chair; University Registrar, Director of Scholarships and Financial Aid, the Director of University Cashier and Student Accounts Office, Director of the Office of International Services, and the Dean of the Graduate School.  These permanent members shall serve on the Residency Appeals Board in the absence of replacements.

3.2  With the Chancellor's approval, any of the permanent members except the Chair may designate another person within his/her department as a replacement.  The term of the replacement member shall be at the discretion of the permanent member.  Upon conclusion of the term of a replacement member, a permanent member will automatically regain his/her seat on the Board.  The permanent member shall continue to serve on the Board until another replacement is approved by the Chancellor.

3.3  Recommendations concerning replacements shall be forwarded to the Chancellor by the appropriate Vice Chancellor.  The Chancellor will notify the replacement of the appointment.

4.  FILING APPEALS WITH THE STATE RESIDENCE COMMITTEE

4.1  Notice of Appeal

4.1.1  Following final disposition of a case at the institutional level, notice of the decision shall be given to the petitioner in writing.  A petitioner who remains dissatisfied with the disposition of the case may file notice of appeal to the State Residence Committee.  Such notice must be in writing, must be delivered to the Provost or designee within ten (10) days of the date of receipt by the petitioner of the Board 's decision, must contain a simple declaration of intention to process an appeal before the State Residence Committee, and must be personally signed by the petitioner.

4.2  Compiling the Institutional Record

4.2.1  Following receipt of notice of appeal, the Provost or designee shall compile the institutional record and transmit to the petitioner a copy of the institutional record with a letter acknowledging receipt of the petitioner's notice of appeal.  The institutional record so transmitted shall contain all written materials which constituted a part of or the basis of the institutional inquiry, including the common informational form (questionnaire), together with any additional data or documentation deemed essential to a reliable determination by the responsible institutional official or office, any materials submitted with respect to the inquiry by the petitioner to the institution, and any materials generated by the institution in connection with the inquiry.

4.2.2  If, following receipt of a copy of the institutional record, the petitioner believes that the record is incomplete or defective (in that it either omits written materials which are a part of the institutional inquiry or that it includes written materials which were not a part of the institutional inquiry), the petitioner may, within ten (10) days of receipt of a copy of the institutional record, request modification of the institutional record by submitting through mail or hand delivery, such request to the Provost or designee from whom the institutional record was received.  If the Provost or designee agrees with the petitioner's contention, he or she will modify the institutional record accordingly and insure that the petitioner is notified in writing of and possesses the modified institutional record.  If the Provost or designee does not agree with the petitioner's contention, he or she will so notify the petitioner in writing.  The petitioner will then have the option to acquiesce in the institutional record as then constituted, or to state the petitioner's contentions relative to the contents of the institutional record in the statement of appeal prescribed in Section 4.3 below.  Failure of the petitioner during the 10-day period specified to object to the institutional record on the grounds set forth above shall permit institutional staff to proceed with the appeal on the assumption that the petitioner finds the institutional record to be properly assembled.

4.3  Written Statement of Appeal

4.3.1  Within twenty (20) days of receipt by the petitioner of an institutional record whose contents he or she does not contest, or within twenty (20) days of receipt by the petitioner of written notice of institutional response to his or her contentions about the contents of the institutional record, the petitioner shall prepare and submit to the Provost or designee, through mail or hand delivery, a written statement of appeal.  This statement should set forth clearly and concisely the reasons for requesting appellate review beyond the institutional level and may also present contentions of the petitioner with reference to unresolved concerns he or she may have about the contents of the institutional record, as noted in Section 4.2.2 above.  The sole grounds for appeal to the State Residence Committee shall be:

4.3.1.1  That the institutional decision was made in disregard of or mistake with reference to the requirements of law or Manual policy;

4.3.1.2  That Manual provisions as currently stated do not address the present issue presented by the institutional decision which is alleged to constitute a violation of state and/or federal law;

4.3.1.3  That Manual provisions as currently stated are at variance with subsequently developed case law pertinent to the institutional decision; and/or

4.3.1.4  That the institutional decision is not supported by an evidentiary record providing a reasonable basis for the conclusion reached.

4.3.2  The statement of appeal shall be limited in scope to the evidence and issues developed in the proceedings from which the appeal is taken and any arguments addressed thereto.  It shall not include any factual allegations or assertions which were not made by the petitioner in the proceedings at the institutional level.  In lieu of submitting a separate statement of appeal, the petitioner may request in writing that his or her notice of appeal serve also as a statement of appeal.  This may be accomplished within the notice of appeal itself or by separate writing; provided, that whenever a petitioner objects to the institutional record as being incomplete or defective and the institution does not accommodate the objection by modifying the institutional record, the petitioner may include in a statement of appeal the grounds for the objection other than a recitation of the substantive information at issue.  Any writing offered as the statement of appeal or as notice that writing is to constitute the statement of appeal shall be personally signed by the petitioner.

4.4  Transmission of Record on Appeal

4.4.1  Within ten (10) days of receipt by the institution of the petitioner's statement of appeal or notice that the notice of appeal is to serve also as the statement of appeal, the Provost or designee will compile the record on appeal and transmit it to: (a) the petitioner and (b) the Office of General Administration of the University of North Carolina.  Because the Provost or designee will already have transmitted to the petitioner that part of the record on appeal designated in Section 4.3, above, as the institutional record, the Provost or designee may choose to send to the petitioner at this time only those elements of the record on appeal not previously transmitted to the petitioner.  The choice of the Provost or designee to do this shall be announced to the petitioner in writing when the remainder of the record on appeal is transmitted to the petitioner.  With the record on appeal but not as part of it, the Provost or designee shall transmit to the petitioner and to the appropriate office handling appeals for the State Residence Committee that information or materials that at the time of transmission continue to be the subject of a contention by the petitioner concerning proper constitution of the record on appeal.

4.5  Contents of Record on Appeal

4.5.1  The record on appeal shall consist of:

4.5.1.1  The statement of appeal.  The Provost or designee will, before forwarding the record on appeal, insure that the record on appeal contains either a separate statement of appeal or the petitioner's written request that the notice of appeal serve also as the statement of appeal.  The record on appeal shall not be deemed definitive and official, and as a consequence will not be entertained, if it does not include the petitioner's statement of appeal.

4.5.1.2  The institutional record.

4.5.1.3  A letter from the Provost or designee transmitting the record on appeal and certifying the exact date down to which the petitioner's residentiary information had been viewed by the Provost or designee as current and susceptible to consideration toward satisfaction of the statutory durational requirement of twelve (12) months.  The date so certified by the Provost or designee shall not postdate the date on which final institutional determination of resident status was made on the petitioner's application, before the petitioner's appeal to the State Residence Committee.

4.5.1.4  At the option of the Provost or designee, a written statement setting forth the basis for the previous institutional disposition of the case, which shall be limited in scope to the evidence and issues developed in the proceedings from which the appeal is taken and any arguments addressed thereto.  If, however, the petitioner has contested the composition of the record on appeal and the contention continues to be asserted at the time that the record on appeal is transmitted pursuant to Section 4.4 above, the written statement of the Provost or designee may also address the petitioner's contention concerning composition of the record on appeal and its treatment by the Provost or designee.