The following policy was approved by the Board of Trustees of the University of Alabama as Board Rule 202 on December 5, 1997. For information regarding the implementation of this policy at UAB, see the UAB Non-resident Tuition Policy Statement.

I. Non-resident Tuition Fee

A. All students registering at the University of Alabama, the University of Alabama at Birmingham, or the University of Alabama in Huntsville who do not establish that they are "resident students" shall pay a "non-resident student" tuition which shall be at least twice that of "resident student" tuition.

B. Classification of students as "non-resident students" or "resident students" shall be made at the time of their initial registration and shall continue unchanged through all subsequent registrations at that institution until satisfactory evidence to the contrary is submitted at the time of any subsequent registration.

C. A "resident student" is one who, at the time of registration:

D. Is not a "minor" and is a resident of the state of Alabama and has been a resident of the state for at least one year immediately preceding the date of registration; or

E. Is a "minor" and whose "supporting person(s)" is a resident of the state of Alabama and has been a resident of the state for at least one year immediately preceding the date of registration.

II. Definitions

A. Minor

An individual who, because of age, lacks the capacity to contract under Alabama law. Under current law, this means a single individual under nineteen (19) and a married individual under eighteen (18), but excludes an individual whose disabilities of non-age have been removed by a court of competent jurisdiction for a reason other than establishing a legal residence in Alabama.

B. Supporting person

Either or both of the parents of the student (if they are living together) or if they are divorced or living separate, then either the parent having legal custody or, if different, the parent providing the greater amount of financial support of the two. If both parents are deceased or if neither had legal custody, then supporting person, shall mean, in the following order; legal custodian of the student, and, if none, the guardian, and, if none, the conservator.

C. Resident

One whose residence is in the state of Alabama. Residence means the single location at which a person resides with the intent of remaining there indefinitely as evidenced by more substantial connections with that place than with any other place. Individuals carrying resident status under this policy shall certify under penalty for perjury that a specific address or location within the state of Alabama is their residence, that they intend to remain there indefinitely, and that they have more substantial connections with the state of Alabama than with any other state. Though certification of an address and an intent to remain in the state indefinitely are prerequisites to establishing status as a resident, ultimate determination of that status shall be made by the institution by its evaluation of the presence or absence of connections with the state of Alabama including the following:

1. Payment of Alabama state income taxes as a resident

2. Ownership of a residence or other real property in the state and payment of state ad valorem taxes thereon

3. Full-time employment (not temporary) in the state

4. Residence in the state of a spouse, parents, or children

5. Previous periods of residency in the state continuing for one year or more

6. Voter registration and voting in the state; more significantly, continuing voter registration in the state that initially occurred at least one year prior to the initial registration of the student in Alabama at a public institution of higher education

7. Possession of state or local licenses to do business or practice a profession in the state

8. Ownership of personal property in the state and payment of state taxes thereon (e.g. automobile, boat, etc.) and possession of state license plates

9. Continuous physical presence in the state for a purpose other than attending school and except for temporary absences for travel, military service, temporary employment, etc.

10. Membership in religious, professional, business, civic, or social organizations in the state

11. Maintenance in the state of checking and saving accounts, safe deposit boxes, or investment accounts

12. In-state address shown on selective service registration, driver’s license, automobile title registration, hunting and fishing license, insurance policies, stock and bond registrations, last will and testament, annuities, or retirement plans

13. Location within the state of the high school from which the individual graduated.

III. Authority to Expand the Definition of "Resident Student"

The President of each campus may recommend to the Chancellor for consideration by the Board of Trustees that the term "resident student" may include any one or more of the following categories, at that campus:

A. One who, at the time of registration, is not a "minor" and:

1. Is a full-time employee (not temporary) of the institution at which the student is registering or is the spouse of such an employee;

2. Is able to verify full-time permanent employment within the state of Alabama and shall commence said employment not more than ninety (90) days after registration with the institution, or is the spouse of such an employee;

3. Is a member or the spouse of a member of the United States military on full-time active duty stationed in Alabama under orders for duties other than attending school;

4. Is employed as a graduate assistant or fellow by the institution at which the student is registering; or

5. Is a resident of any county within fifty (50) miles of the campus of the institution at which the student is registering, and had been a resident of that county for at least one year immediately preceding the date of registration. "Resident" shall have the same meaning, as to the relevant county, which it has as to the state of Alabama in the definitions section of this policy statement.

B. One who, at the time of registration, is a "minor" and whose supporting person(s)":

1. Is a full-time employee (not temporary) of the institution at which the student is registering;

2. Is able to verify full-time permanent employment within the state of Alabama and shall commence said employment not more than ninety (90) days after registration with the institution;

3. Is a member of the United States military on full-time active duty stationed in Alabama under orders for duties other than attending school; or

4. Is a resident of any county within fifty (50) miles of the campus of the institution at which the student is registering, and has been a resident of that county for at least one year immediately preceding the date of registration. "Resident" shall have the same meaning, as to the relevant county, which it has as to the state of Alabama in the definitions section of this policy statement.

IV. Authority to Implement Policy

The Presidents are authorized (and authorized to delegate to admissions officers and others) and directed to implement this policy by appropriate written policies, guidelines, and procedures.

B. Such policy shall provide that classification as a "resident student" shall be based upon the required certificate and other written evidence to be filed in the admissions office and that any decision by an admissions officer may be appealed by the student to a review committee which shall be constituted, appointed, and operated as provided in such policy.

C. The decision of the review committee may be appealed to the President, whose action thereon shall be final.

UAB students are governed by the Board of Trustees’ Non-resident Tuition Policy, above, which applies to students enrolled in each of the campuses of the University of Alabama System. The policy is implemented at UAB in accordance with the following guidelines.

The Board of Trustees has established a "Non-resident Tuition Policy" which addresses non-resident tuition, certification of residency status by campus officials, and establishment of campus policies to administer an appeals process. This UAB policy implements certain provisions of that Board policy.

The Division of Student Affairs, the Graduate School, and the admissions/registration offices of the Health Affairs schools, as appropriate, are designated as the offices empowered at UAB to determined and certify "resident" or "non-resident" student status. These offices are responsible for documenting each residency status evaluation and for maintaining the records used to substantiate that evaluation.

As the provisions of section II. of the Board policy indicate, "though certification of an

Address and an intent to remain in the state indefinitely are prerequisites to establishing status as a resident, ultimate determination of that status shall be made by the institution by its evaluation of the presence or absence of connections with the state of Alabama…" However, meeting the specific criteria included in section II. of the Board policy may not in all circumstances result in certification as a "resident student." Also, according to the provisions of the Board policy, UAB has been given the authority to expand, and has by separate Board resolution expanded, the definition of "resident student" to encompass all the categories in sections III.A. and III.B. of the Board policy. [In general, international students who have not been issued a U.S. resident alien card may not be considered for residency status for tuition purposes unless they hold a graduate assistantship or fellowship and meet certain criteria. International students who have been issued a U.S. resident alien card will be considered for residency status for tuition purposes in the same manner as are U.S. citizens.]

The decision by an admissions or registration officer concerning certification of residency status may be appealed in writing by the student to the Vice President for Student Affairs who may overrule the decision or may, at his or her discretion, convene a review committee composed of a representative from the Office of the Dean of Student Affairs, a representative from the Office of the Vice President for Academic Affairs, and a representative from the Office of the Vice President for Health Affairs [or appropriate current UAB officials]. If the decision of the review committee is appealed by the student, the Vice President for Student Affairs may add a recommendation of concurrence or non-concurrence with the review committee and forward the findings to the President for determination. The decision of the President is final.

Source: 1998-99 UAB Undergraduate Catalog (Appendix, pp. 198-200).