Residency Qualifications and Policy

See also:

Policy.

The University charges two residency rates of tuition for undergraduate, graduate and law courses:

  1. a resident of Kansas rate for students who can meet the University's residence requirements, and
  2. a nonresident of Kansas rate for those who do not qualify as a resident of Kansas.

At the beginning of each term or semester. the Admissions/University Registrar's Office will publish the residence status for fee purposes of each student who enrolls at the University. No refund shall be made if residence qualifications are met after the end of the fifth week.

Definition of Residence for Fee Purposes.

Residence means a person's place of habitation, to which, whenever he or she is absent, he or she has the intention of returning. A person shall not be considered a resident of Kansas unless he or she is in continuous residence and intends to make Kansas a permanent home, not only while in attendance at the University but indefinitely thereafter as well.

Requirements, Factors and Circumstances Considered in Determination of Residence Status.

Before a student can be considered to be a resident for tuition purposes, the student must prove that he or she has been a legal resident or has resided in the State of Kansas continuously for at least six months immediately prior to registration. Furthermore, the student cannot be a resident unless the student qualifies as a Kansas resident for whom the University can receive state aid. The following factors, while not conclusive, have probative value in support of a claim for resident classification (no single factor can indicate an intent to maintain residence in a state other than Kansas):

  1. continuous presence in Kansas during periods when not enrolled as a student;
  2. employment in Kansas;
  3. payment of Kansas State Income Taxes;
  4. reliance on Kansas sources for financial support;
  5. acceptance of an offer of permanent employment in Kansas;
  6. ownership of a home in Kansas;
  7. voting or registration for voting in Kansas;
  8. employment in any position not normally filled by a student;
  9. lease of living quarters in Kansas;
  10. statement of intention to acquire residence in Kansas;
  11. residence in Kansas of the student's spouse;
  12. vehicle registration in Kansas;
  13. acquisition of Kansas driver's license;
  14. payment of Kansas personal property taxes.

Nonresident Status.

Persons enrolling at the University who, if adults, have not been, or if minors, whose parents have not been residents of the State of Kansas for six months immediately prior to enrollment for any term or session are non-residents for fee purposes. Furthermore, in the event the University does not receive state aid for the student because the state subsequently determines the student is a nonresident for tuition purposes, the student is automatically classified or reclassified a nonresident. If a student is classified by the University to be a resident and the University subsequently reverses the classification, the University will bill the student for the difference between the nonresident rate and the resident rate for all applicable semesters except in cases of documented University error. Voting, payment of personal property taxes, registering a vehicle or securing a driver's license in another state may be considered sufficient evidence to show nonresidence.

Residence of Persons Under 18 Years of Age.

Generally, the residence of a person who is under 18 years of age is determined by the residence of his or her parents. If the parents are both dead or are divorced or legally separated, residence shall be determined by the residence of the person to whom the court has granted custody or whom the court has designated as guardian. For the purpose of determining residence of a person who is under 18 years of age and who has been legally adopted, the adoptive parents shall be considered to occupy the same position as natural parents. In other situations, residence shall be determined by the residence of the parents or other person providing the preponderance of support. A person under 18 years of age who is legally emancipated will be considered an adult for residence purposes.

Equal Treatment of Men and Women.

In the application of these regulations, men and women shall be treated the same.

Residence of Married Persons.

The residence of married persons shall be determined separately for each spouse.

Military Personnel.

The Board of Regents authorizes persons stationed in Kansas pursuant to active military orders and or their spouse and dependent(s) to pay an amount equal to resident tuition. Persons who are eligible for resident tuition rates under this policy must provide the University with appropriate documentation which verifies their military status and their spouse/dependent status, if applicable, at the time of enrollment.

Responsibility and Burden at Proof of Student for Resident Determination.

The responsibility of enrolling under the proper residence classification for fee purposes is placed on the student. If there is any possible question of residence classification under these regulations, it is the duty of the newly admitted student to raise the question with the Admissions Office and a current student with the Registrar's Office. The burden of providing clear and convincing proof of residency status rests with the student. Willful misstatement of any facts to influence the decision of resident status is cause for dismissal from the University and subjects the student to proper charges for previous semesters.

Procedure for Resident Determination.

Students are classified residents or nonresidents from information provided by the students prior to registration. A Residency Determination Questionnaire may be completed by any new or returning student who desires clarification of residency status. These forms are available through the Registrar's Office or Admissions Office, and must be completed and returned for review at least ten days prior to registration.

Appeal Procedure.

Students should raise questions of their resident status before registration because clearing the Business Office may not be postponed pending a decision on resident status. However, a student who is classified as a nonresident for fee purposes shall be entitled to an appeal provided he or she files a Residency Determination form with the Registrar's Office within 30 days from the day of registration. This appeal process is also applicable to students who are classified as residents at the time of enrollment and who subsequently are classified as nonresidents, except that such students must file the Residency Determination form within 30 days of notice of reclassification. Upon receipt of a properly filed Residency Determination form, the Admissions/ University Registrar's Office may reverse its classification or try to respond to the student in a manner that satisfies the student as to why the classification cannot be reversed. In the event the student remains unsatisfied with the classification, the Admissions/Registrar personnel shall refer the matter to the Residency Committee. If a student fails to file an appeal and supporting documents in the time and manner provided in this regulation, the classification or reclassification determined by the University Registrar's Office shall, upon the expiration of the appeal period, become final.

Residence Committee.

The Residence Committee shall hear and determine all appeals concerning the status of students as residents or nonresidents for tuition purposes as referred. Members of the Residence Committee shall consist of the Vice President for Administration, the Vice President for Academic Affairs and the Dean of Students. Decisions of the Residence Committee shall not be subject to further administrative review by any officer or board of the University.

The Board of Regents have approved the following exception to Residency policy. Where applicable, the following factors will allow payment of resident fees during the designated time frame.

  1. Persons who are full-time employees of a state educational institution;
  2. Persons who are in active military service;
  3. Persons who are domiciliary residents of the state, who were in active military service prior to becoming domiciliary residents of the state, who were present in the state for a period of not less than two years during their tenure inactive military service, whose domiciliary residence was established in the state within thirty (30) days of discharge or retirement from active military service under honorable conditions, but whose domiciliary residence was not established at least six months prior to the first day of enrollment for the semester in which the students are enrolling;
  4. Persons who are not domiciliary residents of the state, who have graduated from a high school in the state of Kansas within six (6) months of enrollment, who are domiciliary residents of the state at the time of graduation from high school or within twelve (12) months prior to graduation from high school, and who are eligible for admission to the University;
  5. Persons who are domiciliary residents of the state, who are employed on a full-time basis and whose employment requires at least 1,500 hours of work per year, whose domiciliary residence was not established at least six (6) months prior to the first day of enrollment for the semester in which the students are enrolling;
  6. Persons who are residents of selected counties in the state of Missouri who can document a cumulative 3.0 or higher grade point average on a 4.0 scale. The high school grade point average will be evaluated for the first-time freshmen and the college grade point average will be evaluated for transfer students who have more than twenty-four college hours completed. The eligible counties in Missouri are: Andrew, Holt, Buchanan, Platte, Clay, Jackson, Cass and Bates.
  7. Persons who are not domiciliary residents of Kansas, but are the dependent children (legal children, stepchildren or wards) of a graduate of Washburn University. For the purposes of this policy a graduate is any person who has earned an associate, bachelors, masters or Juris Doctorate degree at Washburn University.
  8. The exception of the payment of out-of-state tuition rates granted in paragraphs 3, 4, 5 and 6 and 7 shall be applicable only for the first six months such person is residing in the state of Kansas. Thereafter, he or she shall be eligible for in-state residence tuition rates only if he/she has established domiciliary residency in the state and can provide the indicia of residency in Kansas.

Source: Washburn University 2004-2005 Catalog.

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