University of Vermont

2011-12 Online Catalogue

Policies and General Information

Residency Regulations, In-State Status Regulation

The Vermont Legislature has established a lower rate of tuition for students who are Vermont residents. These regulations define eligibility requirements for in-state status classification. All students at The University of Vermont and State Agricultural College (UVM) shall be assigned in-state or out-of-state status classification consistent with these regulations. A Vermont domicile must be established for a student to be eligible for in-state status.

If a student or the student's parent/legal guardian is an active duty US Armed Forces service member assigned to a posting in the State of Vermont, the student may qualify for in-state residency for tuition purposes. A copy of the military assignment (PCS) orders must be provided. Service members who are ending their service commitment, whose separation orders indicate Vermont as the final separation location, may be considered for in-state residency in accordance with the Residency Policy.

In-State Status Classification Regulations

  1. Domicile shall mean a person’s true, fixed, and permanent home. It is the place at which one intends to remain indefinitely and to which one intends to return when absent.
  2. As one element of domicile, a student must reside in Vermont continuously for one year prior to the semester for which in-state status is sought.
  3. A residence established for the purpose of attending UVM shall not by itself constitute domicile.
  4. An applicant becoming a student within one year of first moving to the state shall have created a rebuttable presumption that residency in Vermont is for the purpose of attending UVM and/or acquiring in-state status for tuition purposes.
  5. A domicile or residency classification assigned by a public or private authority neither qualifies nor disqualifies a student for UVM in-state status. Such classification may be taken into consideration, however, in determining the student’s status at UVM.
  6. It shall be presumed that a student who has not reached the age of majority (18)holds the domicile of his/her parents or legal guardian(s).
  7. Receipt of financial support by a student from his/her family shall create a rebuttable presumption that the student domicile is with his/her family, regardless of whether the student has reached the age of 18.
  8. A student who has not reached the age of 18 whose parents are legally separated or divorced shall be rebuttably presumed to hold the domicile of the parent with legal custody.
  9. A student of parents legally separated or divorced may be granted in-state status if a noncustodial or joint custodial parent is domiciled in Vermont and has contributed more than 50 percent of financial support for at least one year prior to the semester for which in-state status is sought.
  10. The burden of proof as to eligibility for in-state status rests with the student. Eligibility must be established by clear and convincing evidence.

In-State Status Classification Documentation

  1. The student must submit with the application form all relevant information.
  2. The classification decision shall be based upon information furnished by the student, information requested of the student, and other relevant information available consistent with University policies and procedures and legal guidelines.
  3. Testimony, written documents, affidavits, verifications, and/or other evidence may be requested.
  4. The student's failure to produce information requested may adversely affect the decision for instate status.
  5. A student or others furnishing information may request the deletion from documents of irrelevant private data.

In-State Status Classification Appeals

  1. The decision of the Residency Officer must be appealed in writing to the Residency Appellate Officer within thirty (30) calendar days of the date of the Residency Officer’s written decision. Appeal to the Residency Appellate Officer is the final appeal at UVM.

In-State Status Reclassification

  1. A student who does not qualify for in-state status classification may reapply for such classification each subsequent semester.
  2. In-state status classification becomes effective the first semester following the date of successful application.

Re-Examination of Classification Status

  1. Classification status may be re-examined upon the initiative of the Residency Officer in the exercise of sound discretion. Circumstances such as periodic enrollment may be cause for reexamination.
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