Equity in Athletics Disclosure Act
Family Educational Rights and Privacy Act
Fireworks, Firearms, and Other Weapons
Policy on Illegal Drugs
Military Tuition Benefit
Residence Status for Tuition Purposes
Benefit for UNC Employees and Related Persons
Student Right-to-Know Act
Students' Education Records at the University of North Carolina General Administration:
Annual Notification of Rights
Tuition Waiver for Family Members of Deceased or Disabled Emergency Workers
Out-of-State Disclosures for Distance Education Programs
Possession and use of alcoholic beverages is substantially regulated by federal, state, and local laws and ordinances. Within this legal framework, the University's Policy on Student Possession and Consumption of Alcoholic Beverages in Facilities of the University of North Carolina at Chapel Hill sets out the conditions under which alcoholic beverages may be used on University property.
According to North Carolina law
Generally, persons 21 or older may purchase or consume alcoholic beverages and may possess alcoholic beverages at their homes or temporary residences.
It is against the law for any person under 21 to purchase or possess any alcoholic beverage.
It is against the law for anyone to sell or give any alcoholic beverage to a person under 21 or to aid or abet such a person in selling, purchasing, or possessing any alcoholic beverage.
No alcoholic beverages may be sold by any person, organization, or corporation on a college campus except as permitted by North Carolina General Statutes, Sect. 18B-1006 (a).
According to Chapel Hill ordinance, it is against the law for anyone to possess any open container of alcohol on streets, sidewalks, alleys, or any other property owned or controlled by the Town of Chapel Hill.
In addition to following the law, the University's Policy on Student Possession and Consumption of Alcoholic Beverages in Facilities of the University of North Carolina at Chapel Hill sets out special rules about alcohol for students and student organizations. The Office of the Dean of Students will provide copies of the policy and assistance in understanding its full implications. The text of the policy can be accessed on the Web at www.unc.edu/campus/policies/studentalcohol.html.
Under the policy
Alcohol may not be served, consumed, or sold in any University facility or open space except as provided in the University's Guidelines for Serving Alcohol at University-Sponsored Events. The guidelines are available on the Web at www.unc.edu/campus/policies/alcohol.pdf.
Common source containers of alcohol (e.g., kegs) are not permitted on campus.
Students and their guests age 21 and older may possess and consume alcoholic beverages in individual campus residence hall rooms or apartments on campus, but not in the common areas of a campus residence hall.
No student activity fees or other University-collected fees may be used to purchase alcohol.
No other funds of an officially recognized student group deposited or administered through the Student Activities Fund Office may be used to purchase alcohol.
Student groups are not prohibited from having events off campus at which individual group members age 21 or older bring or buy their own alcoholic beverages.
Students who violate the policy face mandatory alcohol education, housing sanctions (for violations arising in University housing), and sanctions, including written reprimand, restitution, counseling/referral, and/or educational or community service activities. Student groups who violate the policy face sanctions of written reprimand, restitution, mandatory educational programs or community service, and/or loss of University recognition. Behavior that violates the Code of Student Conduct, state, or federal laws may also be referred to the Office of Student Conduct, the Emergency Evaluation and Action Committee, and/or state and federal authorities.
Equity in Athletics Disclosure Act
Information compiled under the federal Equity in Athletics Disclosure Act is available on request from the Office of the Director of Athletics.
A student who has been expelled from an institution in the University of North Carolina system may not be admitted to another UNC System school unless the institution that originally expelled the student rescinds that expulsion.
Family Educational Rights and Privacy Act
As a general rule, under the federal Family Educational Rights and Privacy Act ("FERPA"), personally identifiable information may not be released from a student's education records without his or her prior written consent. Exceptions to this rule are set out in the FERPA regulations and the FERPA policy of the University of North Carolina at Chapel Hill. A few of the exceptions are listed below; the others may be found in the University's FERPA policy and accompanying federal regulations.
The University will disclose personally identifiable information from a student's education records to officials of another institution in which the student seeks or intends to enroll, or where the student is already enrolled if the disclosure is for purposes related to the student's enrollment or transfer. The University will also disclose personally identifiable information from a student's education records to officials of another institution in which a currently enrolled UNCChapel Hill student is contemporaneously enrolled. It is the policy of the University of North Carolina at Chapel Hill to forward education records upon request to officials of other institutions in these situations without notifying the student of such transfer of records. If the University takes disciplinary action against a student for conduct that posed a significant risk to the safety or well-being of the student, other students, or members of the University community, the University may disclose information about that disciplinary action to officials of other schools who have been determined to have a legitimate educational interest in the student's behavior. It is the policy of the University of North Carolina at Chapel Hill to disclose this type of disciplinary information to such officials of other schools without notifying the student that the information has been disclosed.
If the University, pursuant to campus disciplinary procedures, finds that a student has committed a violation of the Honor Code that constitutes a crime of violence or a nonforcible sex offense, the University, upon request, discloses the following information: the student's name, the rule or policy that was violated, any essential findings supporting the conclusion that the violation was committed, the disciplinary sanction imposed, the date the sanction was imposed, and the duration of the sanction. The University will release information from a student's education records to school officials who have a legitimate educational interest in the information. The term "school official" includes, but is not limited to, teachers; officials; employees (including employees of the UNCChapel Hill Department of Public Safety); contractors of UNCChapel Hill to whom the University has outsourced institutional services or functions (for example, the National Student Clearinghouse, Sakai, entities providing practical or clinical training for students, and other similar or dissimilar contractors); UNCChapel Hill students who are functioning in an official University capacity (for example, members of the Honor Court); and employees of the General Administration of the University of North Carolina system. Disclosures may only be made to these individuals and entities if they have a "legitimate educational interest" in the information. They are deemed to have a "legitimate educational interest" in the information if it is in the educational interest of the student in question for the individuals and entities to have the information, or if it is necessary or desirable for them to obtain the information in order to carry out their official duties or their contractual obligations to the University and/or to implement the policies of the University of North Carolina.
The University makes public certain information that has been designated as "directory information" unless the student has notified the Office of the University Registrar to restrict the release of this information. The University considers the following to be "directory information": the student's name; address (local and grade/billing addresses); student e-mail address; telephone listing (local and grade/ billing telephone numbers); date and place of birth; county, state, and/or United States territory from which the student entered the University; major field of study; class (first year, senior, etc.); enrollment status (full-time, half-time, or part-time); Person ID Number (PID); anticipated graduation date; participation in officially recognized activities and sports; weight and height of members of athletic teams; dates of attendance; degrees and awards received; and the most recent previous educational agency or institution attended by the student. The University also maintains an online directory that includes faculty, staff, and students. Some professional and graduate student groups publish directories of students in their departments or schools.
Students who do not want any of their directory information to be made public must come in person to the records area of the Office of the University Registrar (Suite 3100, SASB North) and fill out a Requesting FERPA Privacy Flag on Student's Record, Non-Disclosure of Information form. Students completing this form will receive counseling about the effects of placing a FERPA privacy flag on their records. Students who are not within commuting distance of the campus may contact the records area at (919) 962-0495 for further instructions.
Students who choose this option will not be able to receive any information about their records by telephone. Instead, they must come in person and show a photo ID, or send a written request acknowledging that they have placed a restriction on their record but require specific information.
Once set, a FERPA privacy flag will remain on a student's record until the student removes it. To remove a FERPA privacy flag, the student must come in person to the registration area of the Office of the University Registrar (Suite 3100, SASB North) and fill out a Requesting Removal of a Previously Set FERPA Privacy Flag from a Student's Record, Remove Previously Set Restrictions on Release of Information form. Students who are not within commuting distance of the campus may contact the registration area at (919) 962-9851 for further instructions.
Students who wish to block certain information from the directory but do not wish to place a FERPA privacy flag on their records may do this through the portal my.unc.edu in the "Updating Personal Information" section. Checking the "Public" box next to an address or phone number causes that item to be included in the directory.
Removing the checkmark from the "Public" box causes the item not to be included in the directory. Students who have questions about restricting information from the directory may contact the registration area at (919) 962-9851.
In order to assure that new students have a meaningful opportunity to request that their directory information not be made public, it is the policy of the University that it will not release directory information about entering undergraduate students until after the last day for late registration for the fall semester.
Receipt of an approved master's thesis or doctoral dissertation in The Graduate School is tantamount to publication, and the thesis or dissertation will be available to the public. Honors theses are also made available to the public through the University Library. Other student papers may be put in campus libraries or otherwise made public in accordance with individual course or program requirements. FERPA also gives a student the right to inspect his or her education records and to request amendment of those records if they are inaccurate, misleading, or otherwise in violation of the student's privacy rights. To inspect his or her education records, a student must file a written request with the individual who has custody of the records that the student wishes to inspect. To request amendment of his or her records, a student first discusses the matter informally with the records custodian, and if the custodian does not agree to amend the records, he or she will inform the student of applicable appeal rights. Enrolled students may file an appeal with the Student Grievance Committee. Students also have the right to file a complaint with the United States Department of Education alleging that the University has not complied with FERPA.
Questions about FERPA should be addressed to the Office of University Counsel (CB# 9105). The University's FERPA policy and the text of the federal FERPA regulations are available on the Web at www.unc.edu/campus/policies/ferpa.pdf.
Fireworks, Firearms, and Other Weapons
It is a felony, punishable by fine and/or imprisonment, to possess or carry, openly or concealed, any gun, rifle, pistol, or other firearm of any kind, or any dynamite cartridge, bomb, grenade, mine, or powerful explosive on any University campus, in any University-owned or operated facility, or at a curricular or extracurricular activity sponsored by the University. Such conduct also may constitute a violation of the Honor Code.
It is a Class 1 misdemeanor, punishable by fine and/or imprisonment, to possess or carry any BB gun, stun gun, air rifle, air pistol, bowie knife, dirk, dagger, slingshot, leaded cane, switchblade knife, blackjack, metallic knuckles, razors and razor blades (except for personal shaving), fireworks, or any sharp-pointed or edged instrument (except instructional supplies, unaltered nail files, and clips and tools used solely for preparation of food, instruction, and maintenance) upon any University campus or in any University-owned or operated facility. Such conduct may also constitute a violation of the Honor Code.
Policy on Illegal Drugs
The Board of Trustees of the University of North Carolina at Chapel Hill, in conformity with the direction of the Board of Governors of the University of North Carolina, hereby adopts this Policy on Illegal Drugs, effective August 24, 1988. It is applicable to all students, faculty members, administrators, and other employees.
Education, Counseling, and Rehabilitation
The University of North Carolina at Chapel Hill has established and maintains a program of education designed to help all members of the University community avoid involvement with illegal drugs. This educational program emphasizes these subjects:
The incompatibility of the use or sale of illegal drugs with the goals of the University;
The legal consequences of involvement with illegal drugs;
The medical implications of the use of illegal drugs; and
The ways in which illegal drugs jeopardize an individual's present accomplishments and future opportunities.
The University of North Carolina at Chapel Hill provides information about drug counseling and rehabilitation services available to members of the University community through campus-based programs and through community-based organizations. Persons who voluntarily avail themselves of University services are hereby assured that applicable professional standards of confidentiality will be observed.
Enforcement and Penalties
The University of North Carolina at Chapel Hill shall take all actions necessary, consistent with state and federal law and applicable University policy, to eliminate illegal drugs from the University community. The University's Policy on Illegal Drugs is publicized in catalogs and other materials prepared for all enrolled and prospective students and in materials distributed to faculty members, administrators, and other employees.
Students, faculty members, administrators, and other employees are responsible, as citizens, for knowing about and complying with the provisions of North Carolina law that make it a crime to possess, sell, deliver, or manufacture those drugs designated collectively as controlled substances in Article 5 of Chapter 90 of the North Carolina General Statutes. Any member of the University community who violates that law is subject both to prosecution and punishment by the civil authorities and to disciplinary proceedings by the University. It is not "double jeopardy" for both the civil authorities and the University to proceed against and punish a person for the same specified conduct. The University will initiate its own disciplinary proceeding against a student, faculty member, administrator, or other employee when the alleged conduct is deemed to affect the interests of the University.
Penalties will be imposed by the University in accordance with procedural safeguards applicable to disciplinary actions against students, faculty members, administrators, and other employees, as required by Section 3 of the Trustee Policies and Regulations Governing Academic Tenure in the University of North Carolina at Chapel Hill; by Section III. D. of the Employment Policies for EPA Non-Faculty Employees of the University of North Carolina at Chapel Hill; by regulations of the State Personnel Commission, and the Disciplinary Procedure of the Staff Personnel Administration Guides (Human Resources Manual for SPA Employees); by the Instrument of Student Judicial Governance; and by all other applicable provisions of the policies and procedures of the University of North Carolina at Chapel Hill.
The penalties to be imposed by the University may range from written warnings with probationary status to expulsions from enrollment and discharges from employment. However, the following minimum penalties shall be imposed for the particular offenses described.
Trafficking in Illegal Drugs
For the illegal manufacture, sale, or delivery, or possession with intent to manufacture, sell, or deliver, of any controlled substance identified in Schedule I, North Carolina General Statutes 9089, or Schedule II, North Carolina General Statutes 9090 (including, but not limited to, heroin, mescaline, lysergic acid diethylamide, opium, cocaine, amphetamine, methaqualine), any student shall be expelled and any faculty member, administrator, or other employee shall be discharged.
For a first offense involving the illegal manufacture, sale, or delivery, or possession with intent to manufacture, sell, or deliver, of any controlled substance identified in Schedules III through VI, North Carolina General Statutes 9091 through 9094, (including, but not limited to, marijuana, anabolic steroids, pentobarbital, codeine), the minimum penalty shall be suspension from enrollment or from employment for a period of at least one semester or its equivalent. (Employees subject to the State Personnel Act are governed by regulations of the State Personnel Commission. Because the minimum penalty specified in this section and required by the Board of Governors exceeds the maximum period of suspension without pay that is permitted by State Personnel Commission regulations, the penalty for a first offense for employees subject to the State Personnel Act is discharge.) For a second offense, any student shall be expelled and any faculty member, administrator, or other employee shall be discharged.
Illegal Possession of Drugs
For a first offense involving the illegal possession of any controlled substance identified in Schedule I, North Carolina General Statutes 9089, or Schedule II, North Carolina General Statutes 9090, the minimum penalty shall be suspension from enrollment or from employment for a period of at least one semester or its equivalent. (Employees subject to the State Personnel Act are governed by regulations of the State Personnel Commission. Because the minimum penalty specified in this section and required by the Board of Governors exceeds the maximum period of suspension without pay that is permitted by State Personnel Commission regulations, the penalty for a first offense for employees subject to the State Personnel Act is discharge.)
For a first offense involving the illegal possession of any controlled substance identified in Schedules III through VI, North Carolina General Statutes 9091 through 9094, the minimum penalty shall be probation, for a period to be determined on a case-by-case basis. A person on probation must agree to participate in a drug education and counseling program, consent to regular drug testing, and accept such other conditions and restrictions, including a program of community service, as the Chancellor or the Chancellor's designee deems appropriate. Refusal or failure to abide by the terms of probation shall result in suspension from enrollment or from employment for any unexpired balance of the prescribed period of probation. (If this balance for an employee subject to the State Personnel Act exceeds one week, that employee shall be discharged.)
For second or other subsequent offenses involving the illegal possession of controlled substances, progressively more severe penalties shall be imposed, including expulsion of students and discharge of faculty members, administrators, or other employees.
Suspension Pending Final Disposition. When a student, faculty member, administrator, or other employee has been charged by the University with a violation of policies concerning illegal drugs, he or she may be suspended from enrollment or employment before initiation or completion of regular disciplinary proceedings if, assuming the truth of the charges, the Chancellor, or in the Chancellor's absence, the Chancellor's designee, concludes that the person's continued presence within the University Community would constitute a clear and immediate danger to the health or welfare of other members of the University community; provided, that if such a suspension is imposed, an appropriate hearing of the charges against the suspended person shall be held as promptly as possible thereafter.
Implementation and Reporting
Annually, the Chancellor shall submit to the Board of Trustees a report on campus activities related to illegal drugs for the preceding year. The report shall include, as a minimum, the following information:
A listing of the major educational activities conducted during the year
A report on any illegal drug-related incidents, including any sanctions imposed
An assessment by the Chancellor of the effectiveness of the campus program
Any proposed changes in the Policy on Illegal Drugs
A copy of the report shall be provided to the President, who shall confer with the Chancellor about the effectiveness of campus programs.
Effective July 1, 1986, North Carolina state law requires that no person shall attend a college or university in North Carolina unless a certificate of immunization indicating that the person has received the immunizations required by the law is presented to the college or university on or before the first day of matriculation.
If a student's UNCChapel Hill Medical History Form containing the certificate of immunization is not in the possession of the UNCChapel Hill Campus Health Service 10 days prior to the registration date, the University shall present a notice of deficiency to the student in question. He or she shall have 30 calendar days from the first day of attendance to obtain the required immunizations. Those persons who have not complied with the immunization requirements by the end of 30 calendar days will be administratively withdrawn from the University.
Military Tuition Benefit
The information in this section comes from two sources: 1) North Carolina General Statutes, Sect. 116143.3; and 2) A Manual to Assist the Public Higher Education Institutions of North Carolina in the Matter of State Residence (the Manual). Please refer to the Manual at www.northcarolina.edu/legal/residence/committee/manual/Residence_Manual_Aug_2010.pdf for specific policy information regarding the military tuition benefit.
Certain members of the Armed Services and their dependent relatives who are not residents for tuition purposes may become eligible to be charged the in-state tuition rate under North Carolina General Statutes Section 116143.3, the military tuition benefit provision. Any person seeking the military tuition benefit must qualify for admission to UNCChapel Hill and must file an application for the benefit with his or her admissions office. The burden of proving eligibility for the military tuition benefit lies with the applicant. Because of the time involved in securing the necessary affidavits from the appropriate military authorities, prospective applicants for the military tuition benefit are urged to secure application forms from their admissions offices and begin the application process several weeks before the first day of classes of the term for which they seek the benefit. The application deadlines are posted on the Office of the University Registrar's Web site at registrar.unc.edu/academic-services/residency/important-dates.
Eligibility of Members of the Armed Services. To be eligible for this military tuition benefit, the individual must be on active duty and a member of the United States Air Force, Army, Coast Guard, Marine Corps, Navy, North Carolina National Guard, or a reserve component of one of these services and must be abiding in North Carolina incident to active military duty.
Eligibility of Dependent Relatives of Service Members. If the service member meets the conditions set forth above, his or her dependent relatives may be eligible to pay the in-state tuition rate if they share the service member's North Carolina abode, if they have complied with the requirements of the Selective Service System (if applicable), and if they qualify as military dependents of the service member.
Special exceptions apply to military personnel and their dependents if the military person is reassigned outside of North Carolina or retires in North Carolina. Please consult the Manual at www.northcarolina.edu/legal/residence/committee/manual/Residence_Manual_Aug_2010.pdf for specific policy information.
Appeals of Eligibility Determinations of Admissions Officers. A student appeal of an eligibility determination made by any admissions officer must be in writing and signed by the student and must be filed by the student with that officer within 15 working days after the student receives notice of the eligibility determination. The appeal is transmitted to the Residence Appeals Board by that officer. The student is notified of the date set for consideration of the appeal, and, on request by the student, is afforded an opportunity to appear and be heard by the Board.
Any student desiring to appeal a determination of the Residence Appeals Board must give notice in writing of that fact to the chair of the Residence Appeals Board within 10 days of receipt of the Board's decision. The chair will promptly process the appeal for transmittal to the State Residence Committee.
Residence Status for Tuition Purposes
The information in this section comes from two sources: 1) North Carolina General Statutes, Sect. 116143.1, and 2) A Manual to Assist the Public Higher Education Institutions of North Carolina in the Matter of State Residence, adopted by UNC in August 2010.
The following sections summarize important aspects of the residency law. A complete explanation of the statute and the procedures under the statute is contained in A Manual to Assist the Public Higher Education Institutions of North Carolina in the Matter of State Residence (the Manual). The Manual is available online at www. northcarolina.edu/legal/residence/committee/manual/Residence_Manual_Aug_2010.pdf.
Every applicant for admission is required to make a statement of his or her length of residence in North Carolina. A person who qualifies as a resident for tuition purposes under North Carolina law pays a lower rate of tuition than a nonresident. To qualify for instate tuition, a legal resident must have been domiciled in North Carolina for at least 12 months immediately prior to the beginning of the term for which classification as a resident for tuition purposes is sought. The student must also establish that his or her presence in the state during such 12-month period was for purposes of maintaining a bona fide domicile rather than for purposes of maintaining a mere temporary residence incident to enrollment in an institution of higher education. "Domicile" means one's permanent home of indefinite duration, as distinguished from a temporary place of abode. Domicile is synonymous with legal residence and is established by being physically present in a place with the concurrent intent to make that place a domicile. To determine intent, the University evaluates an individual's objectively verifiable conduct as an indicator of his or her state of mind.
General. A student admitted to initial enrollment in an institution (or permitted to reenroll following an absence that involved a formal withdrawal from enrollment) is classified by the admitting institution either as a resident or as a nonresident for tuition purposes prior to actual matriculation. In the absence of a current and final determination of the student's residence prior to matriculation, the student is classified as a nonresident for tuition purposes. The institution will thereafter reach a final determination of the student's residence status. Unless a person supplies enough information to allow the admissions officer to classify him or her as a resident for tuition purposes, the person will be classified a nonresident for tuition purposes. A residence classification once assigned (and confirmed pursuant to any appellate process invoked) may be changed thereafter (with a corresponding change in billing rates) only at the beginning of a term.
Transfer Students. When a student transfers from one North Carolina public institution of higher education to another, he or she is required to be treated as a new student by the institution to which he or she is transferring and must be assigned an initial residence classification for tuition purposes. The residence classification of a student by one institution is not binding on another institution. The North Carolina institutions of higher education will assist each other by supplying residency information and classification records concerning a student to another classifying institution upon request. A student or prospective student who wants the University to consider his or her "resident" classification by another North Carolina public higher education institution must include, with his or her application for resident status, copies of all the information that was before the other institution at the time that institution classified the student a resident for tuition purposes.
Responsibility of Students. Any student who is uncertain about the accuracy of his or her current residence classification for tuition purposes is responsible for securing a ruling by completing an application for resident status by applicable deadlines and filing it with the admissions officer. The student who subsequently becomes eligible for a change in classification, whether from out-of-state to in-state or the reverse, is responsible for immediately informing the Office of Admissions in writing of his or her new status. Failure to give complete and correct information regarding residence constitutes grounds for disciplinary action. The institution will not assume responsibility for initiating such an inquiry independently.
Application Process. A person may apply for resident status by visiting his or her admissions office or by going online to registrar.unc.edu/academic-services/residency/application-forms. Also available on the Web site is the Manual, which sets forth the requirements of the statute. Applicants for admission who claim eligibility for the in-state tuition rate will complete a brief questionnaire as a part of the online admissions application. If a person has not been living in North Carolina for at least five consecutive years, he or she will be required to complete a more detailed residency application. Enrolled students seeking a reclassification from nonresident to resident status are required to complete a residency application.
When to File an Application. All applications for resident status must be filed with the proper office of admissions during the filing period posted at registrar.unc.edu/academic-services/residency/important-dates. The University follows the application guidelines of the State Residence Committee. The deadline to submit an application along with all supporting documentation cannot be later than the 10th business day of the term for which the applicant is seeking residency for tuition. Deadlines are posted on the Office of the University Registrar's Web site at registrar.unc.edu/academic-services/residency/important-dates. Applications not filed by the posted deadlines are not processed and will be returned to the student applicant. Appeals that do not comply with institutional procedures and deadlines are subject to dismissal.
The burden of proof remains the responsibility of the applicant. A preponderance of evidence that the applicant is a bona fide domiciliary for tuition purposes may be established by providing tangible evidence to support relevant conduct of legal residence and its duration. This evidence is required at the time of application. The institution will not assume responsibility for initiating such an inquiry independently.
Evidence of North Carolina domicile for tuition purposes includes actions that would normally be characteristics and expected of any permanent resident. A variety of evidence is considered when evaluating requests for in-state tuition status; however, no single factor or combination of factors may be considered conclusive evidence of domicile. Please consult the Manual for illustrative lists of the kinds of information and conduct that may be considered as evidence in determining domicile; including financial dependency and independency.
When a student receives a request for additional documentation as evidence, he or she must supply the requested information no later than 10 business days after receipt of the request. Failure to supply the requested information within the specified time limit will result in a continuation of the student's nonresident classification unless good cause is shown for such failure.
The admissions office may require an applicant for admission to file a residency application or respond to a request for more information more quickly when residence status is a factor in the admissions decision.
For more details about the residency application process and other important information about the resident status for tuition purposes statute, visit registrar.unc.edu/academic-services/residency.
Fraudulent Applications. If a student is classified a resident for tuition purposes after submitting falsified residency information or after knowingly withholding residency information, the student's application for in-state tuition status is fraudulent. The institution may reexamine any application suspected of being fraudulent and, if warranted, will change the student's residence status retroactively to the beginning of the term for which the student originally made the fraudulent application. If this occurs, the student must pay the out-of-state tuition differential for all the enrolled terms intervening between the fraudulent application and its discovery. Further, knowing falsification of responses on a resident status application may subject the applicant to disciplinary action, including dismissal from the institution.
Burden of Proof and Statutory Prima Facie Evidence. A person has the burden of establishing facts that justify his or her classification as a resident for tuition purposes. The balancing of all the evidence must produce a preponderance of evidence supporting the assertion of in-state residence. Under the statute, proof of resident status is controlled initially by one of two evidentiary beginning points which are stated in terms of prima facie evidence.
Even if the person is an adult, if his or her parents (or court-appointed guardian in the case of some minors) are not legal residents of North Carolina, this is prima facie evidence that the person is not a legal resident of North Carolina unless he or she has lived in this state the five consecutive years prior to enrolling or reregistering. To overcome this prima facie showing of nonresident, a person must produce evidence that he or she is a North Carolina domiciliary despite the parents' nonresident status.
Conversely, if the person's parents are domiciliaries of North Carolina under the statute, this fact constitutes prima facie evidence that the person is a domiciliary of North Carolina. This prima facie showing may also be overcome by other evidence to the contrary. If a person has neither living parents nor legal guardian, the prescribed prima facie evidence rule cannot and does not apply.
Erroneous Notices Concerning Classification. If a student who has been found to be a nonresident for tuition purposes receives an erroneous written notice from an institutional officer identifying the student as a resident for tuition purposes, the student is not responsible for paying the out-of-state tuition differential for any enrolled term beginning before the classifying institution notifies the student that the prior notice was erroneous.
Grace Period. If a student has been properly classified as a North Carolina resident for tuition purposes and, thereafter, his or her state of legal residence changes while he or she is enrolled in a North Carolina public institution of higher education, the statute provides for a grace period during which the student is allowed to pay tuition at the in-state rate despite the fact that the student is no longer a North Carolina legal resident. This grace period extends for a minimum of 12 months from the date of change in legal residence, and if the 12-month period ends during a semester or academic term in which the student is enrolled, the grace period extends also to the end of that semester or academic term.
Reacquisition of Resident Tuition Status. The prescribed 12-month period of legal residence may be shortened if the person seeking to be classified as a resident for tuition purposes was formerly classified a North Carolina resident for tuition purposes, abandoned North Carolina domicile, and reestablished North Carolina domicile within 12 months after abandoning it. Interested persons should consult their admissions offices for a detailed explanation of the conditions which must be met to qualify under this section.
Appeals. A student appeal of a classification decision made by any admissions officer must be in writing and signed by the student and must be filed by the student with that officer within 15 working days after the student receives notice of the classification decision. The appeal is transmitted to the Residence Appeals Board by that officer, who does not vote in that committee on the disposition of such appeal. The student is notified of the date set for consideration of the appeal, and on request of the student, he or she is afforded the opportunity to appear and be heard by the appeals board. Any student desiring to appeal a decision of the Residence Appeals Board must give notice in writing of that fact (within 10 days of receipt of the Board's decision) to the chair of the Residence Appeals Board, and the chair promptly processes the appeal for transmittal to the State Residence Committee.
Applications not filed by the posted deadlines are not processed and will be returned to the student applicant. Appeals that do not comply with institutional procedures and deadlines are subject to dismissal.
Tuition Payment. It is the responsibility of the student to pay tuition at the rate charged and billed while an appeal is pending. In effect, the student who is classified a nonresident at the time of tuition billing pays the nonresident rate. Conversely, if a student is classified as a resident at the time of billing, he or she pays the resident rate. Any necessary adjustments in the rate paid will be made at the conclusion of the appeal.
Application of the Law to Specific Situations
Aliens. Aliens who are permanent residents of the United States, or who hold a visa that will permit eventual permanent residence in the United States, are subject to the same considerations with respect to determination of legal residence as citizens. An alien abiding in the United States under a visa conditioned at least in part upon intent not to abandon a foreign domicile cannot be classified a resident. An alien abiding in the United States under a visa issued for a purpose that is so restricted as to be fundamentally incompatible with an assertion by the alien of bona fide intent to establish a legal residence cannot be classified a resident.
Possession of certain other immigration documents may also allow an alien to be considered for in-state tuition status. For more details, aliens should consult their admissions offices and the Manual. Aliens must file a Residence Status Supplemental Form in addition to the forms normally required of applicants for resident status for tuition purposes. Aliens should also provide a copy of the front and back of the document(s) that they claim allow them to remain in the United States and establish a legal residence. More information concerning alien resident status for tuition purposes information and supplemental applications may be found online at registrar.unc.edu/academic-services/residency.
Married Persons. The North Carolina resident status for tuition purposes statute provides a special provision for legal residents who are married. This provision is called the "spouse-pair" provision. The domicile of a married person, irrespective of sex, is determined by reference to all relevant evidence of domiciliary intent. No person is precluded, solely by reason of marriage to a person domiciled outside of North Carolina, from establishing or maintaining legal residence in North Carolina. No person is deemed, solely by reason of marriage to a person domiciled in North Carolina, to have established or maintained a legal residence in North Carolina. The fact of marriage and the place of the domicile of the student's spouse are deemed relevant evidence to be considered in ascertaining domiciliary intent.
If a person otherwise can demonstrate compliance with the fundamental statutory requirement that he or she be a legal resident of North Carolina before the beginning of the term for which resident status is sought, the second statutory requirement relating to duration of residence may be satisfied derivatively, in less than 12 months, by reference to the length of the legal residence of the person's spouse, if the spouse has been a legal resident of the state for the requisite 12-month period.
If a person believes that he or she qualifies for the marital status provision, special application procedures must be followed. A separate supplemental spousal residency application should be filed at the same time as the residency form is submitted. Residency applications of persons who are married and claiming the North Carolina "spouse-pair" provision are not to be submitted to the admissions office. They should be filed with the Office of the University Registrar. Applications for residency and the spouse-pair provision are available online at registrar.unc.edu/academic-services/residency/applicationforms.
Military Personnel. The domicile of a person employed by the federal government, Department of Defense, is not necessarily affected by assignment in or reassignment out of North Carolina. Such a person may establish domicile by the usual requirements of residential act plus intent. No person loses his or her in-state resident status solely by serving in the armed forces outside of the state of North Carolina. See the section entitled "Military Tuition Benefit" for other benefits provided to military personnel and their dependents.
Minors. A minor is any person who has not reached the age of 18 years. Under the common law, a minor child whose parents are not divorced or legally separated is presumed to have the domicile of his or her father. This presumption may be rebutted if a preponderance of the evidence indicates that the mother and father have separate domiciles and that, under the circumstances, the child can fairly be said to derive his or her domicile from the mother. If the father is deceased, the domicile of the minor is that of the surviving mother. If the parents are divorced or legally separated, the domicile of the minor is that of the parent having custody by virtue of a court order; or, if no custody has been granted by virtue of court order, the domicile of the minor is that of the parent with whom he or she lives; or, if the minor lives with neither parent, in the absence of a custody award, the domicile of the minor is presumed to remain that of the father. If the minor lives for part of the year with each parent, in the absence of a custody award, the minor's domicile is presumed to remain that of the father. If the minor has lived in North Carolina for five years as set forth above in "Burden of Proof and Statutory Prima Facie Evidence," subsection a, the common law presumptions do not absolutely control on the issue of the minor's domicile, but they continue to be very strong evidence thereof.
In determining residence status for tuition purposes, there are three exceptions to the above provisions:
If a minor's parents are divorced, separated, or otherwise living apart and one parent is a legal resident of North Carolina, during the time period when that parent is entitled to claim, and does claim, the minor as a dependent on the North Carolina individual income tax return, the minor is deemed to be a legal resident of North Carolina for tuition purposes, notwithstanding any judicially determined custody award with respect to the minor.
If immediately prior to his or her 18th birthday a person would have been deemed a North Carolina legal resident under this provision but he or she achieves majority before enrolling in a North Carolina institution of higher education, that person will not lose the benefit of this provision if the following conditions are met:
Upon achieving majority the person must act, as much as possible, in a manner consistent with bona fide legal residence in North Carolina; and
The person must begin enrollment at a North Carolina institution of higher education not later than the fall academic term next following completion of education prerequisite to admission at the institution.
If immediately prior to beginning an enrolled term the minor has lived in North Carolina for five or more consecutive years in the home of an adult relative (other than a parent) who is a legal resident of North Carolina, and if the adult relative during those years has functioned as a de facto guardian of the minor, then the minor is considered a legal resident of North Carolina for tuition purposes. If a minor qualified for resident status for tuition purposes under this provision immediately prior to his or her 18th birthday, then, upon becoming 18, he or she will be deemed a legal resident of North Carolina of at least 12 months' duration.
Even though a person is a minor, under certain circumstances the person may be treated by the law as being sufficiently independent from his or her parents as to enjoy a species of adulthood for legal purposes. If the minor marries or obtains a judicial decree of emancipation under North Carolina General Statutes Section 7A717, et seq., he or she is emancipated. The consequence, for present purposes, of such emancipation is that the affected person is presumed to be capable of establishing a domicile independent of that of the parents; it remains for that person to demonstrate that a separate domicile has, in fact, been established.
Prisoners. There are special provisions concerning domicile of prisoners. For more information, persons to whom these provisions may apply should consult the Manual.
Property and Taxes. Ownership of property in or payment of taxes to the State of North Carolina apart from legal residence will not qualify one for the in-state tuition rate; homeownership alone does not necessarily qualify one for the tuition benefit. Students or prospective students who believe that they are entitled to be classified residents for tuition purposes should be aware that the processing of requests and appeals can take a considerable amount of time. One should not apply until they have met the minimum requirements of having an established 12-month domicile along with physical presence.
The University follows the application guidelines of the State Residence Committee. Applications not received by the applicable deadlines are not accepted for consideration. The deadline to submit an application along with all supporting documentation cannot be later than the 10th business day of the term for which the applicant is seeking residency for tuition. Deadlines are posted on the Office of the University Registrar's Web site at registrar.unc.edu/academicservices/residency/important-dates.
Benefit for UNC Employees and Related Persons
Full-time, permanent employees of UNC who are legal residents of North Carolina may qualify for the in-state tuition rate even if they do not meet the 12-month requirement.
This provision includes spouses and dependent children of the employee. The employee must be full-time, permanent, and a legal resident of North Carolina. Further, if it is a child who seeks to qualify, the child must be a dependent (as defined by tax dependency laws). Finally, if the person qualifies for this benefit, there is no limit on the number or type of courses for which the classification will apply.
Please consult the Manual at www.northcarolina.edu/legal/residence/committee/manual/Residence_Manual_Aug_2010.pdf to learn more about the benefit. Application information may be obtained by visiting the Office of the University Registrar's Web site at registrar.unc.edu.
Student Right-to-Know Act
Pursuant to the federal Student Right-to-Know Act, we report that, in 20132014, the completion or graduation rate for undergraduates who entered the University of North Carolina at Chapel Hill in 2007 on a full-time basis was 90 percent.
Students' Education Records at the University of North Carolina General Administration: Annual Notification of Rights
Certain personally identifiable information about students ("education records") may be maintained at the University of North Carolina General Administration, which serves the Board of Governors of the University system. This student information may be the same as, or derivative of, information maintained by a constituent institution of the University; or it may be additional information. Whatever their origins, education records maintained at General Administration are subject to the federal Family Educational Rights and Privacy Act of 1974 (FERPA).
FERPA provides that a student may inspect his or her education records. If the student finds the records to be inaccurate, misleading, or otherwise in violation of the student's privacy rights, the student may request amendment to the record. FERPA also provides that a student's personally identifiable information may not be released to someone else unless 1) the student has given a proper consent for disclosure or 2) provisions of FERPA or federal regulations issued pursuant to FERPA permit the information to be released without the student's consent.
A student may file with the United States Department of Education a complaint concerning failure of General Administration or an institution to comply with FERPA.
The policies of the University of North Carolina General Administration concerning FERPA may be inspected in the office at each constituent institution designated to maintain the FERPA policies of the institution. Policies of General Administration may also be accessed in the office of the secretary of the University of North Carolina, General Administration, 910 Raleigh Road, Chapel Hill, NC.
Further details about FERPA and FERPA procedures at General Administration are to be found in the referenced policies. Questions about the policies may be directed to the Division of Legal Affairs, The University of North Carolina General Administration, Annex Building, 910 Raleigh Road, Chapel Hill, North Carolina (mailing address Post Office Box 2688, Chapel Hill, NC 27515-2688; telephone:  962-4588).
Tuition Waiver for Family Members of Deceased or Disabled Emergency Workers
The information in this section comes from three sources: 1) North Carolina General Statutes, Section 115B-1 et seq.; 2) University of North Carolina Administrative Memorandum No. 377, dated November 17, 1997; and 3) University of North Carolina Administrative Memorandum No. 385, dated August 6, 1998.
Certain family members of emergency workers killed or permanently disabled in the line of duty may become eligible for tuition-free enrollment. The statute sets out the following requirements that must be met before the waiver can be obtained:
The deceased or disabled emergency worker (firefighter, volunteer firefighter, law enforcement officer, or rescue squad member) must have been a North Carolina legal resident (domiciliary), in active service or training for active service at the time of death or disability occurring in the line of duty;
The emergency worker's death or disability must have occurred on or after October 1, 1997;
The emergency worker must have been employed by the State of North Carolina or any of its departments, agencies, or institutions, or a county, city, town, or other political subdivision of the State of North Carolina;
The applicant for the tuition waiver must be either a child or a widow or widower (who has not remarried) of a deceased emergency worker killed in the line of duty, or a spouse or a child (between the ages of 17 and 23; but not yet 24) of an emergency worker who became permanently and totally disabled as a result of a traumatic injury sustained in the line of duty as an emergency worker;
The applicant must qualify academically for admission to UNCChapel Hill, must meet all the requirements of the statute and implementing University regulations, and there must be space available in the course(s) for which he or she intends to register;
The completed application, with all supporting documents, must be submitted to the proper admissions office no later than the first day of class of the term for which the waiver is sought. If the applicant is under 18 years of age, a parent must also sign; and
The time period for pursuing a baccalaureate degree is up to 54 months.
The following documents are required as proof of eligibility for this tuition waiver:
To prove permanent and total disability of an emergency worker:
Documentation of the permanent and total disability from the North Carolina Industrial Commission
To prove cause of death of an emergency worker:
Certification of the cause of death from the Department of State Treasurer; or
The appropriate city or county law enforcement agency that employed the deceased; or
The administrative agency for the fire department or fire protection district funded under the Department of State Auditor; or
The administrative agency having jurisdiction over any paid firefighters of all counties and cities
To prove the parent/child relationship:
Applicant's birth certificate or legal adoption papers
To prove the marital relationship:
Applicant's marriage certificate
The Manual is available online at www.northcarolina.edu/legal/residence/committee/manual/Residence_Manual_Aug_2010.pdf.
Appeals of eligibility determinations of admissions offices must be in writing and signed by the applicant and must be filed by the applicant with that admissions officer within 15 working days after the applicant receives notice of the eligibility determination. The appeal is submitted to the Residence Appeals Board by that officer. The applicant is notified of the date set for consideration of the appeal, and, on request by the applicant, is afforded an opportunity to appear and be heard by the Board.
Any applicant desiring to appeal a determination of the Residence Appeals Board must give written notice of that fact to the chair of the Residence Status Committee within 10 days of receipt of the committee's decision. The chair will promptly process the appeal for transmittal to the State Residence Committee.
Out-of-State Disclosures for Distance Education Programs
Disclosure for Indiana Residents Enrolled in UNCChapel Hill Distance Education Programs
The University of North Carolina at Chapel Hill is authorized by The Indiana Board for Proprietary Education, 101 W. Ohio St., Suite 670, Indianapolis, IN 46204.
Disclosure for Louisiana Residents Enrolled in UNCChapel Hill Distance Education Programs
The University of North Carolina at Chapel Hill is currently licensed by the Board of Regents of the State of Louisiana. Licenses are renewed by the State Board of Regents every two years. Licensed institutions have met minimal operational standards set forth by the state, but licensure does not constitute accreditation, guarantee the transferability of credit, nor signify that programs are certifiable by any professional agency or organization.
Disclosure for Minnesota Residents Enrolled In UNCChapel Hill Distance Education Programs
The University of North Carolina at Chapel Hill is registered as a private institution with the Minnesota Office of Higher Education pursuant to sections 136A.61 and 136A.71. Registration is not an endorsement of the institution. Credits earned at the institution may not transfer to all other institutions.
Disclosure for Washington Residents Enrolled in UNCChapel Hill Distance Education Programs
The University of North Carolina at Chapel Hill is authorized by the Washington Student Achievement Council and meets the requirements and minimum educational standards established for degree-granting institutions under the Degree-Granting Institutions Act. This authorization is subject to periodic review and authorizes The University of North Carolina at Chapel Hill to advertise, recruit, and offer field placements for specific degree programs. The council may be contacted for a list of currently authorized programs. Authorization by the Council does not carry with it an endorsement by the Council of the institution or its programs. Any person desiring information about the requirements of the act or the applicability of those requirements to the institution may contact the Council at P.O. Box 43430, Olympia, WA 98504-3430.