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Appeal Process

by Stephanie M. Salings last modified Sep 18, 2013 11:44 AM

Residency Appeal Process

 

If the initial determination of residency status by one of the University’s admitting offices is Nonresident, a student in the admissions process or a currently enrolled student may request a review of their residency determination.  If a student believes the initial determination is incorrect, or if there is a change in circumstance, the student may request a review of their determination of residency by filing an appeal. 

 

There are three steps in the appeal process to allow for due process;

1. The appeal of the initial determination of residency is reviewed by the University’s Residency Appeals Officer. 
     -If the decision is resident, the appeal is finalized. 
     -If the decision is nonresident, the student may submit a written request to further appeal to the Residency Review Committee.

2. The Residency Review Committee reviews the determination made by the Residency Appeals Officer on the current record.  The Committee will render an independent decision within 45 days from the students’ written request.  The Committee generally meets during the third week of each month, date and time to be determined by the Committee.  Students may contact the Registrar's Office for specific dates and times.
     -If the decision is resident, the appeal is finalized.
     -If the decision is nonresident, the student may submit a written request to further appeal the determination made by the Residency Review Committee to the University’s Agency Head for a formal institutional hearing.

3. The Institution’s Agency Head shall appoint a hearing officer. The student is guaranteed due process, may attend the formal hearing, may provide documentation and testimony, and may be represented by legal counsel.  After the formal hearing, the Hearing Officer will provide the Agency Head with his/her Recommended Order.  The Agency Head will issue a final decision to the student.  The case is closed.

 

Pursuant to 13 KAR 2:045
Section 13 Institutional Responsibilities.
Each institution shall:
(1) Provide for an administrative appeals process that includes a residency appeals officer to consider student appeals of an initial residency determination and which shall include a provision of fourteen (14) days for the student to appeal the residency appeals officer’s determination;
(2) Establish a residency review committee to consider appeals of residency determinations by the residency appeals officer. The residency review committee shall make a determination of student residency status and notify the student in writing within forty-five (45) days after receipt of the student appeal;
(3) Establish a formal hearing process as described in Section 14 of this administrative regulation; and
(4) Establish written policies and procedures for administering the responsibilities established in subsections (1), (2), and (3) of this section and that are:
     (a) Approved by the institution’s governing board;
     (b) Made  available to all students; and
     (c) Filed with the council.

Section14. Formal Institutional Hearing.    
(1) A student who appeals a determination of residency by a residency review committee shall be granted a formal hearing by an institution if the request is made by a student in writing within fourteen (14) calendar days after notification of a determination by a residency review committee.
(2) If a request for a formal hearing is received, an institution shall appoint a hearing officer to conduct a formal hearing. The hearing officer shall:
     (a) Be a person not involved in determinations of residency at an institution except for formal hearings; and
     (b) Not be an employee in the same organizational unit as the residency appeals officer.
(3) An institution shall have written procedures for the conduct of a formal hearing that have been adopted by the board of trustees or regents, as appropriate, and that provide for:
     (a) A hearing officer to make a recommendation on a residency appeal;
     (b) Guarantees of due process to a student that include:
          1. The right of a student to be represented by legal counsel; and
          2. The right of a student to present information and to present testimony and information in support of a claim of Kentucky residency; and
     (c) A recommendation to be issued by the hearing officer.
(4)  An institution’s formal   hearing procedures shall be filed with the Council on Postsecondary Education and shall be available to a student requesting a formal hearing.

Section 15. Cost of Formal Hearings.      
(1) An institution shall pay the cost for all residency determinations including the cost of a formal hearing.
(2) A student shall pay for the cost of all legal representation in support of the student’s claim of residency.

Questions?  Residency E-mail Account

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