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Following are definitions and guidelines that will
be used by the University in the interpretation and
application of these regulations.
A. Domicile: a person’s permanent
home as distinguished from a temporary place of abode;
where the person remains and intends to remain when
not elsewhere for special or temporary purposes. A person
has only one domicile at a time. Regardless of age,
a student’s domicile is assumed to be that of
his/her parent(s) or guardian until such time as the
student becomes emancipated. To be considered domiciled
in Indiana, a person must reside continuously in the
state for a predominant purpose other than attending
an institution of higher education for at least 12 months
immediately preceding the first day of classes of the
term for which resident classification is sought. However,
an unemancipated student may be classified as a resident
student without his or her parent(s) meeting the one
year residency requirement if the parent(s) establish(es)
residency in Indiana and the parent(s) clearly demonstrate(s)
that the move to Indiana was predominantly for reasons
other than to enable the student (or any other child)
to become entitled to the status of a resident student.
The following facts and circumstances, although not
conclusive or exhaustive, help to support a claim of
Indiana domicile:
- Continuous presence in Indiana during periods when
not enrolled as a student.
- Reliance upon Indiana sources of income.
- Acceptance of an offer of permanent employment in
Indiana.
- Ownership of real estate in Indiana that is not
typically owned by a student.
- Presence of all or substantially all personal property
in Indiana.
- Leave and Earnings Statement that indicates Indiana
is the state to which state income tax is being withheld
for military personnel.
- Domicile in Indiana of student’s spouse.
- Admission to a licensed practicing profession in
Indiana.
- Moving to Indiana a significant period of time prior
to enrolling at an institution of higher education,
during which time the person is employed or engaged
in a substantive activity unrelated to educational
pursuits.
- The existence of nonacademic reasons for coming
to Indiana and leaving the previous domicile.
The following facts and circumstances, standing alone,
shall not necessarily constitute sufficient evidence
of domicile to result in classification as a resident
under these regulations:
- Bank accounts in Indiana.
- Payment of Indiana income tax.
- Voting or registration for voting in Indiana.
- Automobile registration in Indiana.
- Indiana driver’s license.
B. Emancipation: the surrender by parent(s)
or guardian of the care and custody of the student as
well as the renunciation of parental responsibilities,
including financial support. A student who is dependent
upon his/her parent(s) or other person, other than a
spouse, for financial support shall not be considered
emancipated for the purpose of these regulations regardless
of the student’s age. A student will not be deemed
emancipated if the purpose for which the student seeks
to become emancipated is to shift the responsibility
for his/her financial support from the student’s
parent(s) or guardian to any private or governmental
agency furnishing financial support for educational
purposes or to persuade the University to reclassify
the student from nonresident to resident status. A student
claiming emancipation may be requested to present satisfactory
evidence that his/her parent(s) or guardian has not
contributed significantly to his/her support nor claimed
him/her as a dependent for federal or state income tax
purposes during the period for which emancipation is
claimed.
C. Guardian: a person invested with
the power, and charged with the duty, of taking care
of the student and administering the property and rights
of the student, provided that the guardianship was not
created primarily for the purpose of obtaining an in-state
residence classification. In addition to a court-appointed
guardian, the term may also include a relative, such
as a grandparent, or other person with whom the student
has resided for a period of at least 12 consecutive
months and by whom the student has been supported for
that same period if the student’s parents are
deceased or have abandoned him/her and if no legal guardian
of the person has been appointed.
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