7. A student may apply for a review of a determination of residency status once for each academic term.
8. If an institution has information that a student's residency status may be incorrect, the institution shall review and determine the student's correct residency status.
9. If the Council on Po stsecondary Education has information that an institution’s determination of residency status for a student may be incorrect, it may require the institution to review the circumstances and report the results of that review.
10. An institution shall impose a penalty or sanction against a student who gives incorrect or misleading information to an institutional official, including payment of non-resident tuition for each academic term for which resident tuition was assessed based on an improper determination of residency status. The penalty may also include:
11. (a)Student discipline by the institution through a policy written and disseminated to students; or
12. (b)Criminal prosecution.

Section 4: Presumptions Regarding Residency Status

1. In making a determination of residency status, it shall be presumed that a student is a non-resident if
2. (a)He/she is, or seeks to be, an undergraduate student, and admis sions record s show that he/she is a graduate of an out-of-state high school;
3. (b)His/her admissions records indicate that his/her residence is outside of Kent lucky at the time of application for admission;
4. (c)He/she moves to Kentucky primarily for the purpose of enrollment in an institution;
5. (d)He/she moves to Kentucky a nd w ithin twelve (12) months enrolls at an institution more than half time; or
6. (e)He/she has a continuous absence of one (1) year from Kentucky.
2. A presumption arising from sub-section (1) of this section shall be overcome by a demonstration of Kentucky domicile and residency.

Section 5: Determination of Whether a Student is Dependent or Independent

1. 1. In a determination of residency status, an institution shall first determine whether a student is dependent or in dependent. This provision is 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.

KSU CATALOGUE, 2005–2007

2. In de termining the dependent or i independent status of a perso n, the following information as well as other relevant information shall be considered a vailable at the time the determination is made:
3. An individual who enrolls at an institution immediately following graduation from high school and who remains enrolled shall be presumed to be a dependent person unless the contrary is evident from the information submitted.
4. Domicile may be inferred from the student's permanent address, parents' mailing address, or location of high school of graduation.
5. Marriage to an independent person domiciled in and who is a resident of Kentucky shall be considered by an institution in determining whether a student is dependent or independent.
6. Financial assis tance from or a loan made by a parent or family member other than an independent spouse, if used for sustenance of the student shall:
7. dependent and, therefore, lacks the ability to form the requisite intent to establish domicile.
8. (a)1. That the person has not been claimed as a dependent on the federal or state tax returns of a parent or other person for the year preceding the date of application for a determination of residency status; or
2. That the person is no longer claimed by a parent or other person as a dependent or as an exemption for federal and state tax purposes; and
3. (b)That the person has financial earnings and resources independent of a person other than an independent spouse necessary to provide for the person's own sustenance.
4. (a)not be considered in establishing a student as independent; and
5. (b)be a factor in establishing that a student is dependent.

Section 6: Effect of a Determination of Dependent or Independent Status on a Determination of Residency Status

1. The effect of a determination that a person is dependent shall be as follows:
2. (a)The domicile and residency of a dependent person shall be the same as either parents'. The domicile and residency of the parent shall be determined in the same manner as the domicile and residency of an independent person.