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Appeal Process

When an admitted applicant or current student has been denied in-state tuition privileges, pursuant to state law and University of Virginia policy there are two levels of administrative review. The intermediate level of review is to the Committee on Virginia Status. The final level of administrative review is to the Office of the President. Once these levels of review are exhausted, there is no further administrative review at the University.  The admitted applicant or current student may pursue the denial in local court.

If an applicant has not been admitted to the University of Virginia, he or she may not appeal the determination by the Office of Virginia Student Status. The Committee on Virginia Status and the Office of the President will review only those claims by admitted applicants and current students.

If the Office of Virginia Status has denied an admitted applicant or current student’s claim of entitlement, and the student wishes to appeal, he or she must make the request in writing to the Director of the Office of Virginia Status. The request must be made no later than fourteen calendar days after the denial letter is sent electronically. (A physical copy will also be sent to the admitted applicant or current student.) 

The admitted applicant or current student may request a hearing before the Committee on Virginia Status or have the matter decided solely on the written record. If the admitted applicant or current student does not appear at the scheduled hearing without valid excuse a hearing will not be rescheduled, and the appeal will be deemed abandoned.  

If the admitted applicant or current student claims entitlement based upon the domicile of a parent, spouse or legal guardian, that individual is expected to appear at the scheduled hearing with the admitted applicant or current student.  The admitted applicant or current student may retain legal counsel. Legal counsel is not required. Whether or not counsel is retained, the admitted applicant or current student and the parent, spouse or legal guardian upon whom entitlement is claimed is expected to appear before the Committee.  Except as outlined above, friends or family members may not appear before the Committee unless the admitted applicant or current student makes a written request for their appearance fourteen calendar days before the scheduled hearing date. The request must outline the purpose of the individual’s appearance.

The Committee consists of three standing members drawn from the faculty at the University.  The director of the Office of Virginia Status attends the hearing but does not vote.

If the admitted applicant or current student decides to have the matter reviewed solely on the written record, no hearing will be held. The application materials, correspondence and all supporting documentation will be distributed to the Committee members for review. The Committee will vote and provide the admitted applicant or current student a determination letter. The determination letter will be provided sixty calendar days from the date of the scheduled hearing.

In advance of the Committee’s consideration of an appeal, whether or not a hearing is held, the admitted applicant or current student will be provided with appeal material. The material will include a copy of the applicable statute and guidelines, a Memorandum of Law from the Director of the Office on the Virginia Status of University Students and all correspondence and supporting documentation in the matter. The admitted applicant or current student will be expected to provide a written reply to the Memorandum of Law no later than fourteen calendar days after the Memorandum of Law is electronically sent. If the response is not timely submitted, the appeal will be deemed abandoned and no further action will be taken on the claim of entitlement for in-state tuition for the term applied for.

The admitted applicant or current student’s response must include any new or additional information to be considered by the Committee. After the hearing, the Committee will vote.  The Committee will provide the admitted applicant or current student a determination letter within sixty calendar days from the date of the scheduled hearing.

Should the Committee vote to deny the appeal, the admitted applicant or current student may request a final administrative review by the Office of the President.  No new or additional documentation not previously considered by the Committee will be reviewed at that phase.  That request must be made, in writing, to the director of the Office of Virginia Status fourteen calendar days after the Committee’s determination letter is electronically sent and mailed.

When a student’s claim of entitlement has been denied after a hearing before the Committee, the student may reapply for in-state privileges for the term immediately following the denial. If the subsequent claim is denied and the student again appeals, the claim will be decided by the Committee solely on the written record. A hearing will not be scheduled in this circumstance.

Please contact the Office of Virginia Status for additional information regarding the appeal process at: (434) 982-3397 or asl5w@virginia.edu.