SUU Seal (for official use only)

POLICY #5.26 
SUBJECT: Residency Status

I. PURPOSE

The purpose of this Policy is to align the University with federal and state law and the Utah Board of Higher Education policy regarding the determination of student residency for tuition purposes.

II. REFERENCES

  1. Utah Code § 53H-11-202 Definitions -- Resident Student Status
  2. Utah System of Higher Education Policy R512 Determination of Resident Status

III. DEFINITIONS

  1. Continuous Utah Residency for One Full Year: The student has resided in Utah for 12 continuous months prior to the term for which the student is seeking resident student status.
  2. Preponderance of the Evidence: The existence of a fact is more probable than its not.
  3. Residency Officer: An employee of the SUU Admissions office who has been designated by the director of the Admissions Office to make residency determinations on behalf of the University.
  4. Student: Individuals who have paid the enrollment deposit to attend the University or are enrolled in courses offered by the University, including but not limited to during breaks in the University academic calendar.

IV. POLICY

  1. Scope and Authority
    1. This policy applies to all students seeking classification as residents of the state of Utah for the purpose of determining eligibility for in-state tuition at Southern Utah University.
    2. Southern Utah University adheres to the residency guidelines established by the Utah System of Higher Education, and this policy is intended to align with those standards. In accordance with USHE Policy R512, the University reserves the right to adopt more restrictive criteria for residency classification where deemed appropriate.
  2. Pursuant to Utah Code 53H-11-202 and Utah System of Higher Education policy, a student classified as a non-resident of the State of Utah is required to pay non-resident tuition, unless an approved exception applies. 
  3. Application for Resident Status
    1. Any non-resident student who meets the established criteria for resident status as defined and determined by the Utah System of Higher Education in Policy R512, should submit the Southern Utah University Residency Application to the SUU Admissions Office.
    2. Application forms are available in the Admissions Office or online at suu.edu/residency. 
    3. Applications must be submitted within the appropriate deadlines for each term. The University does not accept applications for resident student status or supporting documentation after the third week of the semester or term for which the student seeks resident student status.
    4. Each application will be considered in accordance with the provisions of Utah residency law and USHE Policy R512.
  4. Classification
    1. A student who has come to Utah for the purpose of attending an institution of higher education may be granted resident student status if the student has: 
      1. Maintained Continuous Utah Residency for One Full Year; and
      2. Completed and submitted the Southern Utah University Residency Application; and
      3. Submitted objective evidence that the student has taken steps to establish a permanent residency in Utah; and 
      4. Submitted a declaration of financial independence including documentation that the student is not claimed as a dependent on a tax return of a nonresident. 
    2. A student shall be granted resident student status by providing evidence of meeting one of the exceptions set forth in USHE Policy R512 and Utah Code 53H-11-202.
    3. If there is doubt concerning resident status, the applicant will ordinarily be classified as a nonresident.
    4. The University may reclassify a student as outlined in USHE Policy R512.
    5. A change in residence status is not an automatic procedure. Students who wish more information may consult with a Residency Officer in the Admissions Office and/or review the information provided on the admissions website.
  5. Appeals: Applicants who are denied Utah residency for tuition purposes may file an appeal pursuant to USHE Policy R512. For more information contact a Residency Officer in the SUU Admissions Office and/or review the information provided online at suu.edu/residency.
    1. Appeals must be submitted before the semester in which the status is being contested has ended. Appeals regarding previous semesters will not be granted. A decision that finds that the student is entitled to resident student status shall be retroactive to the semester in which the student first sought resident student status. The nonresident portion of tuition charges paid by the student for that and subsequent academic periods shall be refunded. The final decision will be in writing and will provide reasoning for the determination. 
    2. The Appeals Committee is composed of a combination of faculty, staff, and a student representative. The University shall give the appealing student a copy of USHE Policy R512, a copy of this Policy, an explanation and the reasoning for the initial classification of the student as a nonresident. 
    3. Students must provide evidence showing by a Preponderance of the Evidence that they have met the resident student status requirements. The student and SUU’s representative may choose, but are not required to be accompanied by an attorney. SUU is not required to provide an attorney for the student. 
    4.  Applicants shall be notified of the decision made by the Appeals Committee within a reasonable timeframe. 
  6. Discretion in Application
    1. The University retains discretion to interpret and apply this Policy in a manner that is not clearly unreasonable, even if the University's interpretation or application differs from the interpretation of the Parties.
    2. Despite the University's reasonable efforts to anticipate all eventualities in drafting this Policy, it is possible unanticipated or extraordinary circumstances may not be specifically or reasonably addressed by the express Policy language, in which case the University retains discretion to respond to the unanticipated or extraordinary circumstance in a way that is not clearly unreasonable.

V. RELEVANT FORMS/LINKS

VI. QUESTIONS/RESPONSIBLE OFFICE

The responsible office for this Policy is the Vice President for University Relations & Strategic Enrollment. For questions about this Policy, contact the Office of Admissions.

VII. POLICY ADOPTION AND AMENDMENT DATES

Date Approved: July 27, 1990

Amended: December 3, 2008; August 25, 2025