TUITION CLASSIFICATION (Rules and Regulations Governing the Residency Status of Students for Tuition Purposes)
These rules and regulations, approved in 1995 by the University's Board of Trustees, and current as of publication, apply to the classification of students at
the University of Massachusetts as Massachusetts or non-Massachusetts students for tuition and fee purposes.
Part I. Definitions
1.1 "Academic period" shall mean a term or semester in an academic year or
a summer session, as prescribed by the Board of Trustees or under their
authority.
1.2 "Continuous attendance" shall mean enrollment at the University for the
normal academic year in each calendar year, or the appropriate portion or
portions of such academic year as prescribed by the Board of Trustees or under
their authority.
1.3 "Emancipated person," for the purposes of residency classification for
tuition shall mean a person who has attained the age of 18 years and is
financially independent of his or her parents, or if under 18 years of age, (a)
whose parents have entirely surrendered the right to the care, custody, and
earnings of such person and who no longer are under any legal obligation to
support or maintain such person; or (b) a person who is legally married; or (c) a
person who has no parent. If none of the aforesaid definitions applies, said
person shall be deemed an "unemancipated person."
1.4 "Parent" shall mean
a) the person's father and mother, jointly;
b) if the person's father is deceased, the person's mother; if the person's mother
is deceased, the person's father;
c) if a legal guardian has been appointed by a court having jurisdiction, the legal
guardian;
d) if neither the father nor mother is living and no legal guardian has been
appointed, the person who then stands in loco parentis to the person;
e) if the father and mother are divorced, separated or unmarried, the parent who
has been awarded legal custody of the person; or, if legal custody has not been
awarded, the parent with whom the person lives. With respect to any adopted
student, the word "adoptive" should be inserted before the words "father" and
"mother" wherever used.
1.5 "Reside," "residency" or "resident" shall mean "domicile," i.e., a
person's true, fixed and permanent home or place of habitation, where he or
she intends to remain permanently.
Part II. Classification
2.1 For the purpose of assessing tuition and fees, each student shall be
classified as a "Massachusetts resident" or a "non-Massachusetts resident." A
person shall be classified as a Massachusetts resident if he or she (or the parent
of an unemancipated student) shall have resided in the Commonwealth of
Massachusetts for purposes other than attending an educational institution for
twelve months immediately preceding the student's entry or reentry as a
student.
Physical presence for this entire twelve-month period need not be required
as long as the conduct of an individual, taken in total, manifests an intention to
make Massachusetts his or her permanent dwelling place.
Part III. Determination of Residency
3.1 Proof of Residency
a) Each case will be decided on the basis of all facts submitted with qualitative
rather than quantitative emphasis. A number of factors is required for residency
to determine the intention of the person to maintain permanent residence in
Massachusetts. No single index is decisive. The burden of proof rests on the
student seeking classification as a Massachusetts resident.
b) The following shall be primary indicia of residency:
1) For unemancipated persons, the residency of parents, having custody,
within Massachusetts;
2) Certified copies of federal and state income tax returns;
3) Permanent employment in a position not normally filled by a student;
4) Reliance on Massachusetts sources for financial support;
5) Former residency in Massachusetts and maintenance of significant
connections there while absent.
c) The following shall be secondary indicia of residency, to be considered of less
weight than the indicia listed above in subsection b):
1) Continuous physical presence in Massachusetts during periods when not
an enrolled student;
2) Military home of record;
3) All other material of whatever kind or source which may have a bearing
on determining residency.
3.2 Proof of Emancipation. A student asserting that he or she is an
emancipated person shall furnish evidence to support such assertion. Such
evidence may include:
a) Birth certificate or any other legal document that shows place and date of
birth;
b) Statements of the person, his or her parent(s), guardian(s), or others
certifying no financial support;
c) Legal guardianship papers - court appointment and termination must be
submitted;
d) Certified copies of federal and state income tax returns filed by the person
and his or her parent(s);
e) Where none of the foregoing can be provided, an affidavit of the emancipated
person in explanation thereof and stating fully the grounds supporting the claim
of emancipation.
3.3 Presumptions, etc.
a) Residency is not acquired by mere physical presence in Massachusetts while
the person is enrolled in an institution of higher education. (See Section 2.1)
b) A person having his or her residency elsewhere than in Massachusetts shall
not be eligible for classification as a Massachusetts resident for tuition purposes
except as herein provided.
1) Any person who is registered at the University as a Massachusetts
resident shall be eligible for continued classification as a Massachusetts
resident for tuition purposes (until attainment of the degree for which he or
she is enrolled) during continuous attendance at the institution.
2) The spouse of any person who is classified or is eligible for classification
as a "Massachusetts resident" is likewise eligible for classification as a
"Massachusetts resident." This provision will not apply in the case of a
spouse in the United States on a non-immigration visa.
3) A person who is an immigrant/permanent resident of the United States (or
has applied for such status) is eligible to be considered for Massachusetts
residency for tuition purposes provided that he/she meets the same
requirements for establishing residency in Massachusetts as are required
of a United States citizen. Non-citizens who are in (or who have applied
for) refugee/asylum status are likewise eligible to be considered for
Massachusetts residency for tuition purposes provided that he/she meets
the same requirements for establishing residency in Massachusetts as are
required of a United States citizen. All non-citizens must provide
appropriate documentation to verify their status with the United States
Immigration and Naturalization Service.
4) Those students whose higher education pursuits are funded by the
Department of Welfare, the Massachusetts Rehabilitation Department, or
any of the other Commonwealth of Massachusetts public assistance
programs.
c) A person does not gain or lose in-state status solely by reason of his or her
presence in any state or country while a member of the Armed Forces of the
United States.
d) For the purposes of this policy the following persons shall be presumed to be
Massachusetts residents:
1) A member of the Armed Forces of the United States who is stationed in
Massachusetts on active duty pursuant to military orders, his or her
spouse and dependent students.
2) Full time faculty, professional staff, and classified staff employees of the
University of Massachusetts system and their spouses and dependent
students.
Part IV. Appeals
4.1 Any student or applicant who is unwilling to accept the initial ruling relative
to his or her residency classification may file a "Residency Reclassification
Appeal."
4.2 Any student or applicant who is unwilling to accept the ruling relative to his
or her residency reclassification may submit an appeal to the University's
Residency Appeal Committee. The decision by this Committee is final and may
not be appealed further.
4.3 In any case where the Admissions Office is unable to make an initial
determination based on the evidence submitted, the applicant may be required
to submit a "Residency Reclassification Appeal" to the Admissions Office for
their review before being finally classified as a resident or a nonresident.
Part V. Penalties
Misrepresentation in or omission from any evidence submitted with respect to
any fact, which if correctly or completely stated would be grounds to deny
classification as a Massachusetts resident shall be cause for exclusion or
expulsion from or other disciplinary action by the University.
