The following regulations and review procedures are established by Wayne State University for tuition and fee purposes. Wayne State University recognizes three means by which an individual may establish eligibility for in-state tuition and fees:

• By establishing residence by presence in the State of Michigan;
• By establishing attendance at Michigan high schools; or
• By establishing military service status.

Generally, in order to establish residence by presence in the State of Michigan, an individual must document at least six months of continuous physical presence in the State. The six months continuous residence must be completed before the first day of classes for the semester in which in-state tuition is sought. Even if someone is present in Michigan for six months, the person may not qualify for in-state tuition; it depends on whether the person is in Michigan for educational purposes or some other reason. See 2.34.03.040. Under limited circumstances which clearly demonstrate that student's presence in the State of Michigan is not primarily for educational purposes the student may be eligible for in-state tuition prior to the passage of the six-month presence requirement. See 2.34.03.050.

In general, a person's residence is the place where he or she actually lives with the intention of making it the person's permanent home and to which he or she intends to return from temporary absences. A person may be temporarily absent from Michigan without affecting his or her previously established residence. Full-time attendance at a school outside Michigan or enlistment in a military service are examples of temporary absences. Other types of absences for more than six months will be presumed not to be temporary.

Coming to Michigan from another state or country in order to attend Wayne State University or another school does not establish residence. A non-resident at the time of his or her enrollment remains a non-resident throughout his or her presence as a student, except where it can be established that presence in the State of Michigan is primarily for purposes that are not educational, with enrollment only incidental to the primary purpose of being in Michigan. If a student enrolls in undergraduate school for more than 8 credit hours, or in graduate school for more than 6 credit hours, or in Law School for more than 10 credit hours in any one full length semester, within six months after arrival in Michigan, Wayne State University normally presumes that the student is in Michigan for the purpose of attending school. Applicants must demonstrate that their presence in Michigan is primarily for purposes that are not related to enrollment.

The following circumstances, although not conclusive, support a claim for in-state tuition on the basis of residence.

The student is employed in Michigan on a permanent, full-time basis or has accepted an offer of permanent employment in Michigan.

The student's parents (or in the case of divorce, one parent) are legal residents of Michigan as shown by their permanent employment in Michigan and/or their establishment of a primary household in Michigan, and the applicant previously was a resident of Michigan and has maintained significant connections to Michigan.

The student's spouse or partner is employed in Michigan on a permanent, full-time basis and the applicant moved to Michigan as a consequence of that employment; and

The student has broken off ties to his or her previous state of residence so that he or she no longer can reasonably be considered to be a resident of another state.

The following circumstances, standing alone, do not typically support residence inasmuch as they may be common to a temporary short-term presence in Michigan:

a. Employment by the University as a fellow, scholar, assistant, or in any position normally filled by students;

b. A statement of intention to establish residence in this state;

c. Payment of local and state taxes; or

d. Automobile registration, driver's license, continued presence in Michigan during vacation periods.

For purposes of these regulations, the age of majority is 18 years. Except as provided in paragraph g. of this section, a minor does not have the capacity to establish his or her own legal residence. Normally, the legal residence of a minor follows:

a. That of the parents or surviving parent; or

b. That of the parent to whom custody of the minor has been awarded by a divorce or other judicial decree; or

c. That of the parent with whom the minor in fact makes his or her home, if there has been a separation without a judicial award of custody; or

d. That of an adoptive parent, where there has been a legal adoption, even though the natural parents or parent may be living; or

e. That of a "natural" guardian, such as grandparent with whom the minor in fact makes his or her home, where the minor has permanently left his or her parental home and reasonable expectation of substantial financial support from the parents has been dissolved. A natural guardian is someone who, although not legally the minor's parent or guardian, performs the same sort of parental duties.

f. If a Michigan resident parent or guardian of a minor moves his or her residence to another state, the minor shall remain eligible for resident tuition status as long as he or she continues to attend school regularly in this state.

g. A minor who has permanently left his or her parental home, and who has no reasonable expectation of significant financial support from his or her parents or legal guardian, etc., may qualify for resident status even if under 18 years of age.

A non-U.S. citizen may apply for resident status in the same manner as a citizen, if he or she is in the United States for other than a temporary educational purpose. In order to demonstrate this, applicants must provide evidence from the U.S. Department of Citizenship and Immigration Services of one of the following:

a. A U.S. permanent resident alien with a green card.

b. An applicant for U.S. permanent residence whose Petition for Alien Relative, or Employment-based Immigration Petition for Alien Worker has been approved, or who has been issued an Employment Authorization document pending adjustment of status. These individuals will have documentation of this status such as an I-130 (Petition for Alien Relative) or I-140 (Immigration Petition for Alien Working) Approval Notice, or an I-151 or I-551 Notice of Action indicating approval of petition to become an immigrant.

c. An alien with a current valid visa type issued for purposes of working in the United States, and currently working in the State of Michigan. These currently include visa types of A, E, G, H, I, L, R, and TN.

d. An alien granted asylum or refugee status.

An individual may be eligible for in-state tuition on the basis of high school attendance if he or she demonstrates that he or she:

a. Attended an accredited Michigan high school for at least three years and thereafter graduated from an accredited Michigan high school or obtained his or her GED in Michigan; and

b. Enrolls at Wayne State University within 28 months of graduating from high school or obtaining a GED.

An individual does not need to be a legal resident of Michigan or a citizen of the United States to qualify for in-state tuition on the basis of attendance at Michigan schools.

Individuals in any state on active duty in any component of the U.S. Armed Forces, including Reserves and National Guard, on or before the first day of classes, are eligible for a special tuition rate of 50 percentof the then-current in-state tuition rates, except for those enrolled in the Law School or the School of Medicine. Students in the Law School or the School of Medicine are eligible for the then-current in-state tuition rates. Proof of eligibility demonstrating the service member is actively serving must be provided.

Veterans and their dependents are eligible for Michigan in-state tuition.

The term "veteran" means a citizen of the United States or a resident alien whose most recent separation from any branch of the armed forces of the United States was under conditions other than dishonorable after having served on active duty for 90 consecutive days or more by reason of disability incurred while serving on active duty.

Individuals who were separated from the National Guard of any state under conditions other than dishonorable, and their dependents are eligible for Michigan in-state tuition.

Without regard to the foregoing, any individual using educational assistance under either Chapter 30 (Montgomery GI Bill® -- Active Duty Program), Chapter 33 (Post-9/11 GI Bill®), of title 38, United States Code, and/or the Marine Gunnery Sergeant John David Fry Scholarship (38 U.S.C. § 3311 (b)(9) who lives in the State of Michigan while attending Wayne State University (regardless of his/her formal state of residence) is eligible for Michigan in-state tuition.

In the event that a currently enrolled student serving in any branch of the U.S. Armed Forces, including any U.S. State National Guard, is called to active service during the current semester, cancellation of all tuition and fees will be granted. For the purposes of this rule, "called to active service" is defined as involuntary and unanticipated.

Residents of Fulton, Lucas, Ottawa, and Williams counties in Ohio, or residents of Ontario, Canada, who were enrolled at Wayne State in eligible undergraduate programs as of Fall Semester, 2013, will pay in-state tuition and fees through the 2013-2014 academic year. This provision does not apply to all academic programs. WSU Tuition and Fee Regulations published each academic year identify specific academic programs eligible for this provision. Following the 2013-2014 academic year, the Great Lakes Policy (see section 2.34.03.105 below) will take effect for these undergraduates.

Residents of Fulton, Lucas, Ottawa, and Williams counties in Ohio, or residents of Ontario, Canada, who are enrolled in eligible graduate programs will pay in-state tuition. WSU Tuition and Fee Regulations published each academic year identify specific academic programs eligible for this provision.

Residents of the states of Ohio, Indiana, Illinois, Wisconsin, Minnesota, New York, or Pennsylvania, or the province of Ontario, Canada, who are enrolled in eligible undergraduate programs and who are not eligible for the Good Neighbor Policy may pay tuition and fees at 110% of the then-current in-state rate.

Students enrolled in programs which are offered online in their entirety will have the out-state portion of their tuition waived. WSU Tuition and Fee Regulations published each academic year will identify the specific academic programs eligible for this provision.

Initial Classification and Appeal

a. The student is responsible for registering under proper residence or tuition status and advising the University of changes in circumstances which might affect tuition status. Questions concerning a student's residence or tuition status prior to enrollment should be raised with the Office of Admissions. Questions arising after enrollment should be raised with the Registrar's Office.

b. After enrolling, a student may challenge the initial classification made by the Office of Admissions by filing an Application for Residence Classification or Change in Tuition Status with the Registrar's Office.

c. Except for documented delays caused by University personnel, such applications must be filed by:

September 30 for the Fall semester and the Medical Year semester
January 31 for the Winter semester
July 31 for the Spring/Summer semester

Deadlines falling on weekends or on days when the University is closed will be extended to the next business day. Applications received after these dates will be processed for the following semester.

A student may appeal the initial tuition decision as follows:

a. By filing a written notice of appeal with the Registrar within thirty (30) days after the student is notified of the classification decision. The notice of appeal shall include reasons for the appeal, the period for which resident status is claimed, and a complete statement of the facts on which the appeal is based, together with supporting affidavits or other documentary evidence. Failure to file notice within thirty (30) days shall constitute a waiver of any right to further appeal. The student has the right to consult the University Ombuds Office at any time, and the student may particularly want to utilize the Ombudsperson's services at this point in the review procedures.

b. A student may appeal the Registrar's decision by filing a written notice of appeal with the Office of the General Counsel within fifteen (15) days from the date of the Registrar's decision. Failure to file written notice of appeal of the Registrar's decision with the Office of the General Counsel within fifteen (15) days shall constitute a waiver of any right to further appeal.

c. A student may appeal the decision of the Office of the General Counsel within fifteen (15) days with the Office of the President. Failure to file written notice of appeal if the General Counsel's decision with the Office of the President within fifteen (15) days shall constitute a waiver of any right to further appeal. After the notice of appeal, the President or his designee shall review the student's appeal and render a final decision.

a. If an erroneous classification of non-residence occurs, an adjustment for the appropriate period and amount will be made.

b. If an erroneous classification of residence occurs, the student shall be reclassified as a non-resident student. If the cause of his or her incorrect classification shall be found to be due to any material concealment of facts or false statement made by the student before the time of the original classification, the student will be required to pay all tuition and fees which would have been charged to him or her and also will be subject to appropriate discipline in accordance with University Student Code of Conduct. If it is determined that there is no such concealment of facts by the student, fees shall be adjusted only for current and future semesters.
 

Amended statute as adopted on September 20, 2013, will be effective for the Winter Semester 2014.