(66) Student discipline by the institution through a policy written and disseminated to students; or

Criminal prosecution.

(69) Section 4. Presumptions Regarding Residency Status.

In making a determination of residency status, it shall be presumed that a person is a nonresident if:

A person is, or seeks to be, an undergraduate student and admissions records show the student to be a graduate of an out-of-state high school within five (5) years prior to a request for a determination of residency status;

A person’s admissions records indicate the student’s residence to be outside of Kentucky when the student applied for admission;

A person moves to Kentucky primarily for the purpose of enrollment in an institution;

A person moves to Kentucky and within twelve (12) months enrolls at an institution more than half time;

A person has a continuous absence of one (1) year from Kentucky; or

A person attended an out-of-state higher education institution during the past academic year and paid instate tuition at that institution.

A presumption arising from subsection (1) of this section shall only be overcome by preponderance of evidence sufficient to demonstrate that a person is domiciled in and is a resident of Kentucky.

(79) Section 5. Determination of Whether a Student is Dependent or Independent.

In a determination of residency status, an institution shall first determine whether a student is dependent or independent. This provision shall be predicated on the assumption that a dependent person lacks the financial ability to live independently of the person upon whom the student is dependent, and therefore, lacks the ability to form the requisite intent to establish domicile. A determination that a student is independent shall be one (1) step in the overall determination of whether a student is or is not a resident of Kentucky.

In determining the dependent or independent status of a person, the following information shall be considered as well as other relevant information available when