Regulations on Resident and Nonresident Student Status at Ball State University
Adopted by Board of Trustees _ Effective August 30, 1988
These regulations established the policy under which students shall be classified as resident or nonresident for enrollment in courses at Ball State University. A nonresident student shall pay a nonresident fee in addition to fees paid by resident students.
These regulations shall become effective August 30, 1988, and shall govern all determinations of student resident status made on or after that date. However, no student properly classified as a resident student before August 30, 1988, shall be adversely affected by these regulations as long as the circumstances under which he/she was ruled a resident student remain substantially unchanged. A student properly classified as a nonresident student under prior regulations may have his/her resident status redetermined under these rules upon submission of a proper application. However, any such redetermination will not have any retroactive effect with respect to a refund of fees or other charges.
I. Definition of Residence
Residence" as a term, or any of its variations (e.g., "resided"), as used in the content of these Regulations, means the place where an individual has his/her permanent home, at which he/she remains when not called elsewhere for labor, studies or other special or temporary purposes, and to which he/she returns in seasons of repose. It is the place a person has voluntarily fixed as a permanent habitation for himself/herself with an intent to remain in such place for an indefinite period. A person at any one time has but one residence and a residence cannot be lost until another is gained. Additionally,
A. A person who comes to Indiana from another state or country does not at that time acquire residence for the purpose of these Regulations but, except as provided in Section II, paragraphs D and E, such person must be a resident for twelve (12) months in order to qualify as a resident student for fee purposes.
B. Physical presence in Indiana for the predominate purpose of attending a college, university, or other institution of higher education shall not be counted in determining the twelve (12) month period of residence; nor shall absence from Indiana for such purpose deprive a person of resident student status.
II. Resident Student
A. A person shall be classified as a "resident student" if he/she has continuously resided in Indiana for at least twelve (12) consecutive months immediately preceding the first scheduled day of classes of the term in which the individual registers in the University subject to the exceptions in (D) and (E) below.
B. The residence of an unemancipated person follows that of the parents or of a legal guardian who has actual custody of such person. In the case of divorce or separation, if either parent meets the residence requirements, such person will be considered a resident.
C. An unemancipated person who comes from another state or country for the predominate purpose of attending Ball State University shall not be admitted to resident status on the basis of the residence of a guardian living in Indiana except after full compliance with the provisions of Section V.
D. An unemancipated person may be classified as a resident student without meeting the residence requirements of twelve (12) months in Indiana if the presence of such person in Indiana results from the establishment by the parents of such person of their residence within the state and if such person proves that the move was predominately for reasons other than to enable such person to become entitled to the status of "resident student."
E. A person who proves that his/her physical presence in Indiana is not for the predominant purpose of attending a college, university, or other institution of higher learning and who is a part time student (defined for purposes of these regulations as enrolled in any term for five (5) or fewer hours of credit) shall not be assessed the nonresidency fee during the twelve (12) month period required to qualify for resident status.
F. A person once properly classified as a resident student shall be deemed to remain a resident student so long as remaining continuously enrolled in the University until such person's degree shall have been earned, subject to the provisions of Section III, paragraphs A and B below.
G. Military personnel in the United States Armed Forces who enter the service from a state other than Indiana and who are stationed on active duty within the State of Indiana may enroll without the nonresident fee being assessed. The spouses and children of such service personnel also may enroll without the nonresident fee being assessed.
III. Change From Resident to Nonresident Student
A. When it shall appear that the parents of a person properly classified as a "resident student" under Section II, paragraph D above have changed their residence from Indiana such person shall then be reclassified to the status of nonresident, provided that no such reclassification shall be effective until the beginning of the term next following such removal.
B. A person originally classified as an Indiana resident who has discontinued his/her enrollment in Ball State University and who in the meantime has established residency in another state shall be classified as a nonresident student in the event of re enrollment at Ball State University. However, such a student who enrolls solely for a doctoral thesis credit may have the nonresident fee waived.
IV. Foreign Student
The foreign citizenship of a person shall not be a factor in determining resident student status if such person has legal capacity to remain permanently in the United States, providing such person meets all other requirements to change from nonresident to resident student.
V. Change from Nonresident to Resident Student
A person classified as a nonresident student may show that he/she is exempt from paying the nonresident fee by clear and convincing evidence that he/she has been a resident (Section I above) of Indiana for the twelve (12) months prior to the first scheduled day of classes of the term in which his/her fee status is to be changed. Such a student will be allowed to present his/her evidence only after the expiration of twelve (12) months from the Resident Qualifying Date, i.e., the date upon which the student commenced the twelve (12) month period for residence. The following factors will be considered relevant in evaluating a requested change in a student's nonresident status and in evaluating whether his/her physical presence in Indiana is for the predominant purpose of attending a college, university, or other institution of higher education. The existence of one or more of these factors will not require a finding of resident student status, nor shall the nonexistence of one or more require a finding of nonresident student status. The fact that a person pays taxes and votes in the state does not in itself establish residence.
All factors will be considered in combination and ordinarily resident student status will not result from the doing of acts which are required or routinely done by sojourners in the state or which are merely auxiliary to the fulfillment of educational purposes.
A. The residence of a student's parents or guardians.
B. The situs of the student's income to determine that the student has been and is currently dependent upon his/her own income and that the income is earned in the State of Indiana.
C. To whom a student has paid and will pay his/her taxes, including income and property taxes.
D. The State in which a student's automobile is registered and the date of registration if the student has the use of an automobile.
E. The State issuing the student's driver's license and the date the license was issued if the student is licensed to drive an automobile.
F. Where and when the student has registered to vote and where and when the student is currently registered if the student has been or is currently registered to vote.
G. The marriage of the student to a permanent resident of Indiana, the date and place of marriage, the length of time the student's spouse has been a resident of Indiana, the source of income of both parties, the length of time the income of both parties was earned in the State of Indiana, and proof that neither party is claimed as a dependent by their parents or legal guardian on income tax reports to federal or state agencies.
H. Ownership of property, other than personal property, in the State of Indiana and outside the State of Indiana and the length of time of ownership.
I. The State of residence claimed by the student on loan applications, federal income taxes, and other documents requiring information as to a person's State of residence.
J. The employer or company's name, address, and dates of the student's summer employment; and the name, address, and dates of attendance of summer school; and the place of vacation.
K. The student's plans for the future including employment and/or continuation of studies.
L. Admission to a licensed profession in Indiana and the date of admission.
M. Membership in civil, community or other formal organizations in Indiana or elsewhere.
N. All present and intended future connections or contacts outside the State of Indiana.
O. The facts and documents pertaining to the person's past and existing status as a student.
P. Parent's and/or legal guardian's tax returns and other information particularly when emancipation and/or marriage is claimed.
VI. Other Conditions
1. Persons who have been appointed by the Ball State University Board of Trustees to regular full time positions as faculty, professional personnel, staff personnel and service personnel shall receive resident classification during the term of employment at Ball State University.
2. Graduate assistants and doctoral assistants who register and enroll for courses at Ball State University shall receive resident classification during the term of employment at Ball State University.
a. Employment may be considered to include the terms immediately following the graduate assistantship or doctoral assistantship if the period employed is at least two consecutive semesters (two summer sessions constitute a semester).
b. If a doctoral assistant's status changes to that of temporary instructor (part time or full time) during the period in which engaged in the completion of the doctorate, and if the period employed as temporary instructor is an academic year, then the term of employment may be considered to include the academic year so employed and the intersession and summer terms immediately following the academic year so employed.
3. The spouse or children of such persons shall also receive resident classification during the term of such employment if residing with such person upon registering and receiving courses at Ball State University.
B. Based on the guidelines of the sponsoring agency, when institutes, workshops, or similar programs are supported in whole from funds other than the University's "General Fund," fees—including nonresident fees—may be waived in part or in whole when the courses are taken for university credit.
C. A student or prospective student who shall knowingly provide false information or shall refuse to provide or shall conceal information for the purpose of improperly achieving resident student status shall be subject to the full range of penalties, including expulsion, provided for by the University, as well as to such other punishment which may be provided for by law.
D. If any provision of these Regulations or the application thereof to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of these Regulations which can be given effect without the invalid provision or application, and to this end the provisions of these Regulations are servable.
E. A student who does not pay additional monies, which may be due because of his/her classification as a nonresident student within 30 days after demand, shall thereupon have his/her registration at Ball State University cancelled.
A. The interpretation and administration of these Regulations will be by the Vice President for Business affairs and Treasurer of the University and/or by persons delegated by said Vice President.
B. Any further appeal shall be made to an Appeals Board, which is to consist of at least three (3) members appointed by the President of the University, which will not include any person or persons responsible for the first residency determination (See Filing and Appeals Procedures).
VIII. Filing and Appeal Procedures
A. Any student may apply for a change of residency status whenever he/she feels that his/her resident status has changed and he/she would satisfy the requirements needed to become a resident student as described in Sections II and V.
B. In order to establish residency in accordance with these Regulations, documentation may be required, such as affidavits, employment data, and such other information as may be deemed necessary by the University. The burden of proof is upon the student making a claim to a resident student status.
C. A student or prospective student who fails to request resident student status within a particular term and to pursue a timely appeal, shall be deemed to have waived any alleged overpayment of fees for that term.
D. An appeal to the Appeals Board must be in writing and lodged within 30 calendar days of the previous determination. Any arguments supporting the original determination may be presented in writing or in person to the Appeals Board. Your written request to appeal should be mailed to the Office of Controller as listed below.
E. The Appeals Board will advise the student of its determination. The decision of the Appeals Board shall be final.
Ball State University
Office of Controller
Attn: Residency Appeals Board
Muncie, IN 47306