Originally from Georgia, fourth-year Engineering student Matthew Goodhart has lived in Virginia independently since his first year. He owns his residence in Charlottesville, which he rents out. He founded a Virginia company and files his tax returns in the Commonwealth. When he applied for in-state tuition, however, University officials did not feel he had enough ties to the Old Dominion to warrant a tuition reduction. Now his fight for in-state status has led him to court.
Making his case
Goodhart currently has two cases pending in Albemarle County Circuit Court concerning his Virginia domicile status for his second and third years at the University, explained Glenn Goodhart, Matthew's father and lead legal counsel.
The attorney asserts that Matthew Goodhart has lived as a Virginia resident since he came to the University in 2004.
"[Matthew] rarely comes to Atlanta and he has been [in Virginia] every summer -- he even had a second job there," Glenn Goodhart said. "I believe that Matthew has been treated rather shabbily ... He pays his own taxes and files his tax returns; Virginia law is clear that students that pay their own taxes and work in Virginia are entitled to in-state tuition."
According to Glenn Goodhart, Matthew Goodhart fits the bill of an independent student in the Commonwealth.
"The school is rigid in their position in this case and they have taken positions that are entirely incompatible with Virginia law," Glenn Goodhart said. "Matthew has been treated like a criminal ... Without getting into the technicalities, Virginia laws defined an independent student as someone that works and pays their own tax returns."
Though unable to comment on the status of both cases directly, University Associate General Counsel Barry T. Meek explained that the University filed a "demurrer and a special plea that are motions to dismiss the lawsuit" in the first case. He added that the University filed a similar plea in the second case.
According to the first case's circuit court records, the University's counsel stated that Goodhart's "application for in-state tuition was arbitrary, capricious or otherwise contrary to law."
In the first case, the University has filed a plea stating Goodhart's complaint was in violation of due process and thus should be dismissed because it was initially filed in federal court. According to Meek, the second case is pending because of Matthew Goodhart's change in local Charlottesville counsel.
Going through the process
In the Commonwealth, students applying for in-state privileges at public institutions of higher education must be in compliance with Virginia Code 23-7.4 as well as Virginia Administrative Code 8VAC40-120, Meek said.
"It's fairly technical because there are ... a whole lot of categories for people who can qualify for in-state [privileges] through various special circumstances," Meek said. "The majority of people strictly try to establish domicile, which basically means presence in the state with intent to remain indefinitely."
According to Andrea Leeds Armstrong, University director of Virginia Status, undergraduate students initially fill out an in-state privileges request with their admissions packet.
"You 'self-sort," Leeds Armstrong said. "You wouldn't submit an application if you have no ties ... to Virginia."
Virginia Code 23-7.4, known as the determination code, is the statute that dictates the process for determining whether a student can be classified as in-state for educational purposes, Leeds Armstrong said. The code stipulates that domicile will not be granted if a person is in residence in Virginia solely for "educational purposes,"Leeds Armstrong said.
"You have to show that, 'I was going to come to Virginia anyway and that I intend to stay here after graduation,'" she said. According to Leeds Armstrong, all decisions related to domicile are made only after "clear and convincing evidence" has been displayed.
"It is different from 'proof beyond a reasonable doubt' in that you have to ask would an ordinary person say, 'I am convinced by this,'" Leeds Armstrong said.
According to the Office of Admission Web site, the student or family must be domiciled in the state for a consecutive 12 months to receive in-state status.
The code also states that unless proven otherwise, students under the age of 24 are presumed to be "financially dependent upon their parents," Leeds Armstrong said. "If you are dependent, you are presumed to share their [the parents'] domicile."
To show independence, along with taxation information, an applicant must show he or she is responsible for more than 50 percent of his or her financial support, Leeds Armstrong said.
Reclassify me!
Though the Office of Virginia Status predominantly sees applications related to initial admittance, there are some students and families who, for a number of reasons, apply for reclassification, Leeds Armstrong said.
To seek reclassification, students or families must complete another application form highlighting evidence of domicile.
Jaqueline Heard, the mother of fourth-year College student Lillian Heard, applied for reclassification after her family moved to Virginia.
"Finding out where to go on the University of Virginia Web site ... was frustrating," Heard said. "But the application was very clear-cut ... I did it and applied on time."
After receiving the applications for reclassification, Leeds Armstrong reads an application and makes a determination. This is known as the first administrative stage of reclassification, she explained.
"If it's clear and convincing, then I send a determination letter," she said. "If more evidence is warranted ... I will contact them and ask for that."
Applicants can supply evidence in person or through text, Leeds Armstrong said.
Jaqueline Heard's initial application was rejected for approval because of insufficient evidence. After producing information about her car registration, however, the reclassification was granted, she said.
"I didn't apply with the appropriate stuff; it was an issue of me not understanding what I needed," she said. "I needed to prove that we were here for a year."
If the judgment is found to be unfavorable even after further evidence is submitted, the applicant has the right to appeal to the University's Committee for Virginia Status, comprised of three faculty members, Leeds Armstrong said.
"They conduct a hearing where the student can come in and explain why they require Virginia status," Meek said.
The three-person committee, including Assoc. Engineering Dean Kathryn C. Thornton, Nursing faculty member Clay D. Hysell and Law Prof. Barbara E. Armacost, will then make a decision, Leeds Armstrong explained.
"There have been times where they've disagreed with my evaluation," Leeds Armstrong said.
After the committee hearing, the student can appeal to University President John T. Casteen's office, the final step in the "administrative process," Leeds Armstrong explained.
"President Casteen's office will review the file, but the president doesn't take any extra information," Meek said. "The President's Office will make a final agency determination and that means that the decision will qualify the student for an appeal to circuit court."
Leeds Armstrong said she did not know the precise number of students who applied for reclassification and added that she could not state how many students are successful in their attempts for reclassification. She noted, though, that all cases are subject to the same legal process.
"The law is the law," she said. "The statutory guidelines are clear ... There is a difference between residence and domicile," she said. "By and large, people seeking reclassification started school in August and applied for in-state privileges without really understanding that there is a presumption against that in relation to domicile."
While Goodhart's two cases are pending in Albemarle County Circuit Court, he has applied for Virginia status recognition for his fourth year, according to Glenn Goodhart. That request is still under consideration by University officials.
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