Domicile appeal process

Student Services Policy 80310

1. Purpose

Germanna Community College is guided by the Virginia Community College System, the Code of Virginia and the State Council of Higher Education on determining domicile.

2. Policy

The College makes an initial determination of a student’s eligibility for in-state tuition rates based on the information provided by the applicant and/or the applicant’s parent, legal guardian or spouse on the Application for Virginia Domicile.  Eligibility is determined using State Council of Higher Education guidelines pertaining to Section 23-7.4 of the Code of Virginia.

3. Procedure

3.1 Determination

Upon completion of the application process an initial tuition determination of whether the student has been domiciled in the Commonwealth of Virginia for at least one year immediately prior to the commencement of the semester for which in-state tuition is sought will be made.

A student who has been classified as out-of-state for tuition purposes will be notified in writing of the domicile determination within 10 business days of the application.

Students classified as out-of-state, who can provide clear and convincing evidence that they were eligible for Virginia domicile on the first day of class for a term, may have their tuition status changed for the current term.  Students should follow the Community College’s domicile appeal process outlined below.

In the event that a student’s circumstances change after a semester has begun, the student’s tuition may be eligible for reclassification.  This reclassification shall be effective for the next academic semester or term following the date of the application for reclassification.  Students should follow the College’s domicile appeal process outlined below.

3.2 Appeal

A student who disagrees with the initial tuition classification may make a written appeal to an Associate/Assistant Registrar within ten business days of the initial notification.  The student may be asked to provide additional domicile information to supplement the Application for Virginia Domicile.  An Associate/Assistant Registrar will respond to the appeal via email notification within fifteen business days.

If the student disagrees with the tuition classification, the student may file a final written appeal with the Registrar for consideration by the Domicile Appeals Committee.  The Domicile Appeals Committee shall consist of two members of the Student Success Committee and the Registrar.  No person who serves at one level of this appeals process shall be eligible to serve at any other level of this review.  This written appeal must be made within five business days of the student’s notification of the first appeal.  The Domicile Appeals Committee will review the domicile determination to ensure the decision is in compliance with relevant state legislation and state guidelines.

A student who is not satisfied with the outcome of the review by the Domicile Appeals committee may appeal to the appropriate circuit court.  The student must file a petition for review with the court within thirty business days of receipt of the decision made by the Domicile Appeals Committee.

4. Definitions

Domicile: a technical, legal concept which means more than simple residency in the Commonwealth of Virginia.

Virginia domiciliary: In order to be considered a Virginia domiciliary, a student must demonstrate through clear and convincing evidence his/her intention of remaining in Virginia indefinitely.

Demonstration of intent:  is usually accomplished through objective evidence.  A student under the age of 24 generally assumes the domicile of the parent(s) or legal guardian(s), unless the student has been legally emancipated or meets criteria for independent student status.

5. References

Code of Virginia, section 23-7.4
State Council for Higher Education Guidelines
VCCS policy manual 6.1 – student domicile

6. Point of contact

Vice President of Academic Affairs

7. Approval and revision dates

College Council: October 28, 2016
President’s Council: November 21, 2016
College Board: January 12, 2017