Admissions

Admission to A Graduate Program

The first step for a student interested in attending Marshall as a graduate student is to obtain admission information from the department offering the desired program or from the Graduate Admissions Office. Instructions for applying are available at the website at http://www.marshall.edu/graduate/admissions/how-to-apply-for-admission. Prospective graduate students should apply for admission as early as possible.

Accelerated Graduate Degrees

Marshall undergraduates who wish to begin graduate studies before completing their bachelor's degree should consult Accelerated Graduate Degree (AGD) in the Academic Requirements and Regulations section of this Catalog. Accelerated options in specific programs can be found by accessing individual program overviews from the Graduate Programs A-Z section of the Catalog. Students in an accelerated degree program apply for graduate admission during the semester when they complete their bachelor's degree requirements.

Graduate Admission Checklist

To apply to Marshall as a graduate student, an applicant must follow these steps:

  • Complete, sign, and submit the Graduate Application for Admission, along with any required application fee, by the published deadline. The Graduate Application for Admission is availafble online at https://www.marshall.edu/admissions/apply/.
  • Request that the registrar's office of each institution previously attended (except Marshall) send official transcripts from U.S. institutions directly to the Graduate Admissions Office as required. Marshall Graduate Admissions will obtain an applicant's transcript from Marshall, if applicable.
    • Students who cannot yet receive official transcripts for a recently completed a bachelor's degree should consult Conditional Admission under Admission Classification of Graduate Students in this section of the Catalog.
    • Transcripts from non-U.S. institutions must be accompanied by NACES member evaluations as described under Transcript Requirement.
  • Have the appropriate testing agency submit official standardized exam scores (if required) directly to the Graduate Admissions Office.
  • Send or have sent all other items required by the desired academic program to the Graduate Admissions Office.

Applications are reviewed only after all required documents and credentials and any required application fee are received. Holds or other obligations from previous institutions may cause a delay in application processing or may cause the application not to be processed.

Certain programs utilize a Centralized Application System (CAS). Information on the application process for these programs may be found in the Admission Requirements section of each program description in this Catalog. Students in these programs must meet all university and program requirements for admission.

Application Deadlines for Applicants who Do Not Require a Visa to Study in the United States

The Graduate Application for Admission, all required documents and credentials, and any required application fee must be submitted to the Graduate Admissions Office no later than the deadline for the desired academic term. Applicants who require a visa have earlier admission deadlines listed in the section Application Deadlines for Students who Require a Visa to Study in the United States.

Application Deadlines for Applicants who Do Not Require a Visa to Study in the United States

  • Fall Term: August 1
  • Spring Term: December 1
  • Summer Term: May 1

Certain academic programs have earlier, program-specific deadlines. Program-specific deadlines are included in each program listing under Admissions in this Catalog.

Application Fees

Applicants should pay any required application fee at the time the application is submitted, either via the application portal or by calling the Graduate Admissions office after submission. Information about the application fee for a particular applicant and desired program may be obtained from the Graduate Admissions Office. Application fees are not refundable regardless of whether the application is accepted or not accepted or whether the applicant is unable to enroll or attend classes.

Admissions Criteria

Admission to a graduate degree program is based primarily on receipt of a bachelor’s degree from an accepted, accredited institution, the Grade Point Averages shown on required transcripts or transcript evaluations, the scores on required admissions examinations, and the information provided on the Graduate Application for Admission form. Certain programs have additional program-specific criteria as described in the Admission Requirements section of each program in this Catalog.

Marshall reserves the right, even after the arrival and enrollment of a student, to make individual curricular adjustments whenever particular deficiencies or needs are identified. These deficiencies will be determined by the student’s advisor, the Program Director, or the Department Chair. Students may be required to take such courses without credit toward the master’s degree and at their own expense. This provision also applies to additional coursework in Speech and/or English whenever necessary.

Admission to Marshall University does not guarantee admission to all programs. Applicants must apply to the specific program that they wish to pursue. Additional admissions requirements or exceptions applicable to specific programs are noted in the specific program entries in this Catalog.

Any appeals of admissions decisions should be directed to the Program Director, Chair, or Dean of the academic program to which the individual applied.

Admission Classification of Graduate Students

Degree Seeking Students

An applicant who desires admission as a degree-seeking graduate student must have an overall Grade Point Average of 2.50 on a 4.0 scale from the bachelor’s-degree-granting institution. The applicant must provide an official transcript from the degree-granting institution, accompanied by a NACES member transcript evaluation for non-U.S. institutions. Individual schools and programs may require higher grade point averages and/or additional credentials or documentation.

Applicants who have not earned the required minimum undergraduate GPA from the degree-granting institution may be considered for full admission if they have successfully completed a graduate/advanced degree from an accepted, accredited institution.

Dual-Degree Seeking Students

Applicants who wish to seek admission to more than one degree program at a time (Dual-Degree Status) must complete a separate application for each program, pay an additional application fee if applicable, submit all required credentials, and meet all admission requirements for each academic program to which admission is sought.

A maximum of 12 semester credit hours from a prior degree may be applied toward a subsequent master’s degree, with the approval of the department from which the subsequent degree is sought. Not all departments may accept a student who is already admitted to another graduate level program. Prior to submitting a Graduate Application for Admission form, applicants should check with the academic department(s) of the program(s) in which they are interested. Students who desire a second area of emphasis within their major should notify their advisor or Program Director after admission to see if it is permissible within that major.

Certificate or Professional Development Admission

Applicants who do not wish to be enrolled in a degree program but who wish to enroll in certificate/licensure programs or other programs that require the completion of specified sequences of courses should apply as certificate or professional development students.

In most cases, requirements for admission to certificate or professional development programs are the same as for admission to degree programs, including at least a 2.50 overall undergraduate GPA. However, requirements for admission to these programs can vary and are explained in the Admissions Requirements section of each program in this Catalog.

Provisional Admission

An applicant may be granted Provisional Admission to a degree program after submission of all required application materials when he or she possesses a bachelor’s degree and shows academic promise but does not meet the criteria for regular admission.

A provisionally admitted student must be fully admitted no later than the completion of the 12th graduate credit hour to take additional coursework. This change of status is accomplished by meeting the conditions established by the academic program and by maintaining at least a 3.0 GPA in courses identified by the program faculty and approved by the appropriate Dean. Not all programs offer provisional admission. Please see the Admission Requirements section for each program in this Catalog for program-specific information.

Applicants to non-degree majors may be admitted provisionally if they possess a bachelor’s degree and show academic promise, but do not meet the criteria for regular admission. Applicants for non-degree provisional admission must submit a written rationale, and the provisional admission must be approved by the Assistant Provost for Graduate Studies.

Conditional Admission

The Conditional Admission status may be sought by applicants who expect to receive a bachelor’s degree before beginning graduate work at Marshall, but have not officially received the degree at the time of application. All required credentials, including official transcripts, are necessary for consideration, including an official letter of good standing/proof of pending graduation.

Applicants who are not fully admitted may be conditionally admitted for the term for which they have applied for entry based upon submission of:

  1. A properly completed Graduate Application for Admission form and any appropriate application fee,
  2. An official transcript demonstrating anticipated conferral of a bachelor’s degree from an accepted, accredited institution,
  3. An undergraduate GPA from the bachelor’s degree institution that meets or exceeds 2.50 on a 4.0 scale as well as the program’s minimum GPA requirement (if applicable), and
  4. All other application materials required by the academic program.

Not all programs offer conditional admission. Please see the Admission Requirements section for each program in this catalog for program-specific information.

An applicant can be conditionally admitted for one term only, whether or not they enroll for that term. The applicant must be fully admitted to the requested program before enrolling for subsequent terms. “Enrollment” is defined as registration for at least one class at any time during a term.

A student cannot be conditionally admitted to multiple programs within one calendar year and cannot be conditionally admitted to the same program, at any time, more than once. Credit for coursework taken while conditionally admitted will not be applied toward a degree unless the admission process is completed and full admission is granted.

Temporary Admission

Some professional programs may offer Temporary Admission to applicants when the application has been accepted on a preliminary basis pending fulfillment of all admission requirements, including successful completion of required prerequisite courses, prior to the start of the selected entry term. If all admission requirements are not met by the start of the selected admit term, the temporary admission status will be rescinded and a denial of admission will be issued.

Non-Degree Admission

Individuals who desire university instruction without becoming graduate degree candidates may attend as non-degree students, provided they have received a bachelor’s degree from an accepted, accredited institution.

The fees for attendance as a non-degree student are the same as those for other graduate students. Non-degree students generally are not eligible for financial aid or graduate tuition waivers.

Students wishing to take courses offered by the College of Business must secure approval of the academic advisor. Non-degree enrollment for graduate courses is not available to individuals under suspension by the university.

A non-degree student who does not hold a master’s or higher degree may take a maximum of 15 semester credit hours. Permission for these students to register for additional hours beyond 15 can be granted by the Dean of the academic program. A non-degree student holding a master’s or higher degree may take an unrestricted number of additional credit hours for which he/she has the prerequisites and departmental permission, provided both a transcript verifying the undergraduate degree and a transcript verifying a master’s degree or higher (both from an accepted, accredited institution) are submitted along with any required transcript evaluations.

Applicants for non-degree status will complete a Graduate Application for Admission, pay any applicable application fee, and submit official transcripts showing proof of a bachelor’s degree not later than the scheduled time of registration. All transcripts must be official and sent to the Graduate Admissions Office directly from the Registrar’s office of the original institution.

Non-degree graduate students may apply later for admission to degree programs by filing the necessary documents, provided they meet the admission requirements described in the current Marshall University Graduate Catalog. However, work taken as a non-degree student cannot in itself qualify the student for admission as a degree candidate. Only credit approved by the academic program and the appropriate Dean will be counted toward a degree awarded by the university.

Transient Admission

A graduate student who is enrolled at another accepted, accredited graduate institution may, upon submission of an admission application and a letter of good standing from the registrar at the home institution, enroll for Marshall graduate coursework. This admission is valid for one term only. The student must submit a new application and provide a letter of good standing for each term he or she wishes to attend.

Each institution determines the amount of transfer work that it will accept. Permission to transfer credits is arranged by the student with the home institution. Transient students who wish to register for coursework beyond twelve credit hours at Marshall are required to obtain the approval of the Assistant Provost for Graduate Studies.

Staff Development Admission

School personnel approved by their county school systems may use a departmental form to be admitted in the Staff Development category. Students admitted in this category are restricted to registering for Staff Development classes (560 series) in the College of Education and Professional Development, for which they will receive credit/non-credit or satisfactory/unsatisfactory grades. Such classes cannot be used in degree, professional development or licensure programs. Students who wish to enroll in both regular and Staff Development classes must seek regular admission to a graduate program.

Senior Admission

Senior-level undergraduate students at accepted, accredited institutions with a cumulative GPA of at least 2.75 may register for graduate classes (500 and 600 series) after they have received approval from their undergraduate Dean, the chair of the department offering the course, and the appropriate graduate academic Dean. Complete applications must be on file in the appropriate academic Dean’s office and permission secured prior to the opening of the term of enrollment.

Credit for graduate courses completed as a senior can be applied by Marshall to either an undergraduate or a graduate degree at Marshall but not to both, except in Marshall Accelerated Graduate Degree programs. A student must determine at the time of registration whether a course will apply to undergraduate or graduate degree requirements. No more than 12 graduate hours may be taken as an undergraduate. Additional information is provided under Accelerated Graduate Degree (AGD) in the Academic Requirements and Regulations section of this Catalog.

Bachelor’s Degree Requirement

The receipt of a bachelor’s degree from an accepted, accredited institution is a basic requirement for admission as a graduate student to Marshall.

  • A degree earned at a non-U.S. institution, when documented as equivalent to a U.S. bachelor’s degree as part of a course-by-course credential evaluation from a member of the National Association of Credential Evaluation Services (NACES), is sufficient to satisfy the Bachelor’s Degree Requirement.
  • An applicant who holds a master’s degree or higher from an institution that is accepted and accredited, but holds a bachelor’s degree that is not accepted and accredited, may file an appeal to request a waiver of the Bachelor’s Degree Requirement. Appeals will be reviewed by the Office of Academic Affairs and the Dean of the applicant’s proposed college, on a case-by-case basis, and will be granted on an extremely limited basis when the situation warrants. To initiate the appeal process, send a letter of request to the Graduate Admissions Office.
  • An applicant who has earned a bachelor’s degree outside of the United States, and has subsequently earned a graduate degree from an accepted, accredited institution in the United States, may satisfy the Bachelor’s Degree Requirement by providing the official transcript for the graduate degree earned in the United States and official transcripts for all subsequent degrees earned or attempted, along with all other required application materials.
  • There are limited exceptions to the Bachelor’s Degree Requirement for students enrolled in the Doctor of Pharmacy program and those students participating in approved articulated programs of study offered by Marshall and a collaborating accepted, accredited institution of higher education. Please contact the Graduate Admissions Office for information in these cases.

English Proficiency Requirement

All applicants, regardless of citizenship, must provide proof of English Language Proficiency to be considered for admission to Marshall University. Minimum standardized exam scores for undergraduate English proficiency are listed below. If one or more of the exemption criteria is met, applicants may be considered exempt from providing standardized exam scores for proof of English proficiency.

Exam Requirements:
TOEFL iBT: 80
IELTS: 6.5
Duolingo: 105
MELAB: 82%
PTEA: 53

Exemptions

If one of the following criteria are met, exam scores will not be required, and the proof of English proficiency requirement will be met:

  • Completion of the equivalent to a United States post-secondary degree from an accepted, accredited institution in an approved country where the primary language is English. (See list here.)
  • One year of full-time study (24 Undergraduate or 18 Graduate credit hours) earned at a United States-accepted and accredited university.
  • Transfer credit equivalent to ENG 101 from an accepted, accredited institution with grade of C or better.
  • Successful completion of an approved ESL program.

Transcript requirement

One official copy of an undergraduate transcript showing the degree earned and the date on which it was conferred must be sent directly from the Registrar's Office of the applicant's undergraduate institution to the Graduate Admissions Office before the application will be reviewed.

Transcripts bearing the stamp "Issued to Student", transcripts marked as unofficial, hand-delivered transcripts, transcripts mailed or handled by the student, faxed transcripts, or transcripts issued to third parties cannot be accepted.

Certain degree programs may require that additional transcripts, up to all official transcripts from all institutions previously attended, must be directly from the issuing institution to the Graduate Admissions Office.

Non-US Institutions: Marshall University requires a course-by-course evaluation for each post-secondary academic credential earned outside the US by either a member of the National Association of Credential Evaluation Services (NACES – www.naces.org/members) or Association of International Credential Evaluators (AICE - https://aice-eval.org/endorsed-members/).

Please request the evaluation be sent directly to Marshall University at international@marshall.edu or via the evaluation company's portal for Marshall University.

All materials submitted in support of an application for admission become the property of Marshall. Materials will not be returned or released to the applicant or to third parties.

Any student admitted on the basis of false and/or incomplete information is subject to immediate dismissal along with possible disciplinary action.

In some programs, applicants may be granted conditional admission as described under Conditional Enrollment in this catalog.

Poor academic performance in prior graduate work may serve as the basis for the denial of admission to a graduate degree program, at the discretion of the program faculty.

Standardized Examinations

The Graduate Record Examination (GRE), Graduate Management Admissions Test (GMAT), or other standardized examinations may be required prior to admission. Specific exam requirements are indicated in each program or departmental description in later sections of this catalog. A master’s level academic program may waive the standardized exam requirement for applicants who have earned a master’s degree from an accepted, accredited institution. Certain programs may waive standardized exam scores for additional reasons as documented in the admissions language for the program in this Catalog. Ultimate responsibility for this decision rests with the program faculty.

The ETS code for Marshall University is 5396. Exam scores must be sent by the appropriate testing agency directly to:

Marshall University
Graduate Admissions Office
One John Marshall Drive
Huntington, WV 25755

For complete information regarding standardized examinations and the services provided by the Marshall University Testing Center, please see https://www.marshall.edu/testing-center/.

Duplicate Degrees

A student who has earned a graduate degree at a certain level (e.g. Master’s or Doctorate) may not enroll as a degree-seeking student in a degree at Marshall in the same field at the same level. This restriction also applies to degrees earned at non-U.S. institutions which are evaluated to be equivalent to a degree program at Marshall.

The Graduate Admissions Office will notify students if the level and field of the degree to which they are applying is the same as the level and field of a degree which the student has earned.

If there is a substantial difference between the degree already earned and the degree the applicant is requesting, the applicant may appeal for an exception to the Duplicate Degree policy by writing a letter to the Graduate Admissions Office. The appeal will be reviewed by the Dean of the academic college and the Assistant Provost for Graduate Studies.

Admission of Students Requiring a Visa to Study In the United States

Marshall is authorized by the U.S. Department of Homeland Security to enroll non-immigrant visa students. International students must have earned the equivalent of a U.S. bachelor’s degree or higher from an accepted, accredited institution, as described in the section Bachelor’s Degree Requirement and demonstrate English proficiency as described in the section English Proficiency Requirement.

In most circumstances, an applicant must be fully admitted to a degree program in order for an I-20 form to be issued, or must be fully admitted as a transient student for a DS-2019 form to be issued. Please contact the International Admissions office with questions about other admission types.

How to Apply: For Applicants Requiring a Visa to Study in the United States

  1. Meet Admission Requirements
    Review the admission requirements of the degree program you have selected to determine if you meet the requirements for admission. Admission requirements for each program are listed under Admissions in the entry for each program in this Catalog.
  2. Understand the Admission Process
    The Graduate Admissions Office will review your application to ensure the application is complete and that you have met the minimum institutional requirements for admission. Your completed application and supporting materials are then sent to the degree program you selected on your application for an admission decision.
  3. Complete and Submit the Graduate Application for Admission
    (Multiple graduate student options available)

    Admission to a graduate program requires a bachelor’s degree from an accepted, accredited institution. Many graduate programs have additional requirements. For information on program-specific requirements, please visit the appropriate section of the Marshall University Graduate Catalog.

    After an application is submitted, an applicant will see a list of required materials on the application portal homepage.

    The application may require a non-refundable application fee. Please note that this fee cannot be refunded in the event you are not accepted, are unable to obtain a student visa, or are unable to enroll or attend classes.

    The application fee may be paid with a credit card online through the application portal or by contacting Graduate Admissions at 1-304-696-4723. A processing fee will be charged for each credit or debit card transaction. VISA, MasterCard, Discover and American Express credit cards are accepted. Additional payment methods including check and wire transfer may be available. Please contact the Office of the Bursar at bursar@marshall.edu for additional information.
  4. Provide Supporting Documents
    All applicants must submit all required documents to be considered for admission.

Official NACES Evaluation or AICE Evaluation of all required college-level coursework if the school is outside the United States. Marshall University requires a course-by-course evaluation for each post-secondary academic credential earned outside the US by either a member of the National Association of Credential Evaluation Services (NACES – www.naces.org/members) or Association of International Credential Evaluators (AICE - https://aice-eval.org/endorsed-members/).

Please request the evaluation be sent directly to Marshall University at international@marshall.edu or via the evaluation company’s portal for Marshall University.

Transcripts from U.S. institutions do not require a NACES evaluation. These transcripts from U.S. schools must be sent directly by the registrar of the issuing institution to the Marshall University Graduate Admissions Office.

Official Proof of English Proficiency

All applicants, regardless of citizenship, must provide proof of English Language Proficiency as described in the section English Proficiency Requirement.

If alternate documents are required, they will be listed on your application portal.

All documents must be received directly from the issuing source to be considered official. We may be able to verify some English examinations online once an unofficial copy is received. Please refer to the Official Credential Policy below for more details.

Standardized Examination Scores

Some programs will not consider applications without an official score report from the GRE, GMAT or other standardized examination as described in the section Standardized Examination Scores. The ETS code for Marshall University is 5396.

International Credential Submission

Applicants should log in to the application portal, review the required application materials on the checklist, and upload the materials within the portal. For documents or application materials sent directly from a third party, such as a NACES, AICE member company, or a testing agency, the NACES/AICE member company or testing agency should send those electronically to international@marshall.edu or upload them directly through the company or testing agency portal.

For applicants who studied outside the US, Marshall University reserves the right to accept official credentials directly from a limited number of third-party agencies that have been approved by the university. Additional or alternate admission credentials may be accepted at the discretion of the Graduate Admissions Office depending on the applicant’s country of origin. Please contact International Admissions at international@marshall.edu for details regarding specific admission requirements for applicants from your country.

Application Deadlines for Applicants Who Require a Visa to Study in the United States

  • June 15 - for students applying to the fall term beginning in August
  • October 15 - for students applying to the spring term beginning in January
  • March 15 - for students applying to the summer term

Certain programs may have application deadlines that are earlier than the ones provided above. In those cases, an applicant must meet the program’s deadline to be considered for admission. These deadlines are described in the Admission Requirements section of the entry for each program in this Catalog.

Finalize Your Plans

Each admitted student will receive a letter of acceptance and a list of items needed to issue the I-20 or DS-2019 form. Once all necessary items are received, Marshall will issue the I-20 or DS-2019 form, which is used to apply for a student visa at a United States Embassy or Consulate. Marshall will also send accepted students a housing application and a form to notify Marshall of the expected date of arrival. Additional pre-departure and orientation information is available at www.marshall.edu/iss.

An applicant who is not able or chooses not to attend in the term for which they applied should contact the Graduate Admissions Office by emailing graduateadmissions@marshall.edu. The application term will be updated to the term when the applicant will be able to attend. The same application materials are acceptable for the next two terms, including summer terms. After two terms, a new application is required.

Residency Classification for Admission and Fee Purposes

Requests for changes in residency status for new students will be evaluated by the Office of Admissions provided a completed residency application with all required supporting documentation is submitted by the end of the first week of the term of admission. Contact admissions@marshall.edu for more information. Thereafter, all requests for changes in residency status for currently enrolled students will be evaluated by the Office of the Registrar for subsequent terms. Contact registrar@marshall.edu for more information.

Residency decision will be based on West Virginia Higher Education Policy Commission Title 133, Series 25, “Residency Classification for Admission and Fee Purposes”.

TITLE 133 
PROCEDURAL RULE 
WEST VIRGINIA HIGHER EDUCATION POLICY COMMISSION 

SERIES 25 
RESIDENCY CLASSIFICATION FOR ADMISSION AND FEE PURPOSES

1.1. Scope. -- Rule regarding residency classification of students for admission and fee purposes. 1.2. Authority. --  West Virginia Code §§18B-10 and 18B-2B-6. 
1.3. Filing Date. – March 11, 2019.     
1.4. Effective Date. – April 11, 2019.   
1.5. Repeal of Former Rule. -- Repeals and replaces Title 133, Series 25 which had an effective date of June 9, 2017. 

§133-25-2.  Classification for Admission and Fee Purposes.

2.1.  Students enrolling in a West Virginia public institution of higher education shall be assigned a residency status for admission, tuition, and fee purposes by the institutional officer designated by the President. In determining residency classification, the issue is essentially one of domicile. In general, the domicile of a person is that person's true, fixed, permanent home and place of habitation. The decision shall be based upon information furnished by the student and all other relevant information. The designated officer is authorized to require such written documents, affidavits, verifications, or other evidence as is deemed necessary to establish the domicile of a student. The burden of establishing domicile for admission, tuition, and fee purposes is upon the student. 

2.2.  If there is a question as to domicile, the matter must be brought to the attention of the designated officer at least two (2) weeks prior to the deadline for the payment of tuition and fees. Any student found to have made a false or misleading statement concerning domicile shall be subject to institutional disciplinary action and will be charged the nonresident fees for each academic term theretofore attended. 

2.3.  The previous determination of a student's domiciliary status by one institution is not conclusive or binding when subsequently considered by another institution; however, assuming no change of facts, the prior judgment should be given strong consideration in the interest of consistency. Out-of-state students being assessed resident tuition and fees as a result of a reciprocity agreement may not transfer said reciprocity status to another public institution in West Virginia. 


§133-25-3.  Residence Determined by Domicile.

3.1.  Domicile within the state means adoption of the state as the fixed permanent home and involves personal presence within the state with no intent on the part of the applicant or, in the case of a dependent student, the applicant's parent(s) to return to another state or country. Residing with relatives (other than parent(s)/legal guardian) does not, in and of itself, cause the student to attain domicile in this State for admission or fee payment purposes. West Virginia domicile may be established upon the completion of at least twelve (12) months of continued presence within the state prior to the date of registration: Provided, That such twelve (12) months' presence is not primarily for the purpose of attendance at any institution of higher education in West Virginia. Establishment of West Virginia domicile with less than twelve (12) months' presence prior to the date of registration must be supported by evidence of positive and unequivocal action. In determining domicile, institutional officials should give consideration to such factors as the ownership or lease of a permanently occupied home in West Virginia, full-time employment within the state, paying West Virginia property tax, filing West Virginia income tax returns, registering of motor vehicles in West Virginia, possessing a valid West Virginia driver's license, and marriage to a person already domiciled in West Virginia. Proof of a number of these actions shall be considered only as evidence which may be used in determining whether or not a domicile has been established. Factors militating against the establishment of West Virginia domicile might include such considerations as the student not being self-supporting, being claimed as a dependent on federal or state income tax returns or on the parents' health insurance policy if the parents reside out of state, receiving financial assistance from state student aid programs in other states, and leaving the state when school is not in session. 

§133-25-4.  Dependency Status.

4.1.  A dependent student is one (1) who is listed as a dependent on the federal or state income tax return of his/her parent(s) or legal guardian or who receives major financial support from that person. Such a student maintains the same domicile as that of the parent(s) or legal guardian. In the event the parents are divorced or legally separated, the dependent student takes the domicile of the parent with whom he/she lives or to whom he/she has been assigned by court order. However, a dependent student who enrolls and is properly classified as an in-state student maintains that classification as long as the enrollment is continuous and that student does not attain independence and establish domicile in another state. 

4.2.  A nonresident student who becomes independent while a student at an institution of higher education in West Virginia does not, by reason of such independence alone, attain domicile in this state for admission or fee payment purposes. 

§133-25-5.  Change of Residence.

5.1.  A person who has been classified as an out-of-state student and who seeks resident status in West Virginia must assume the burden of providing conclusive evidence that he/she has established domicile in West Virginia with the intention of making the permanent home in this State. The intent to remain indefinitely in West Virginia is evidenced not only by a person's statements, but also by that person's actions. In making a determination regarding a request for change in residency status, the designated institutional officer shall consider those actions referenced in §133-25-3 of these rules. The change in classification, if deemed to be warranted, shall be effective for the academic term or semester next following the date of the application for reclassification. 

§133-25-6.  Military

6.1.  An individual who is on full-time active military service in another state or a foreign country or an employee of the federal government shall be classified as an in-state student for the purpose of payment of tuition and fees: Provided, That the person established a domicile in West Virginia prior to entrance into federal service, entered the federal service from West Virginia, and has at no time while in federal service claimed or established a domicile in another state. Sworn statements attesting to these conditions may be required. The spouse and dependent children of such individuals shall also be classified as in-state students for tuition and fee purposes. 

6.2.  Persons assigned to full-time active military service in West Virginia and residing in the state shall be classified as in-state students for tuition and fee purposes. The spouse and dependent children of such individuals shall also be classified as in-state students for tuition and fee purposes. 

6.3.  Any student living in West Virginia and receiving education or vocational rehabilitation benefits from the U.S. Department of Veterans Affairs shall be charged in-state tuition and fees to attend a West Virginia public institution of higher education so long as such student is considered a “covered individual” as described in 38 U.S.C. §3679, as in effect at any time.   

§133-25-7.  Aliens.

7.1.  Students who meet the domiciliary requirements noted in Sections 3, 4, and 5 of this policy, and who are U.S. Permanent Resident Aliens, Political Asylees or Political Refugees, or who hold an A, E, G, H, I, L, O, P, R, TD, TN, U, or V visa, may apply to be reviewed for in-state residency for tuition purposes. 

7.2.  Students who hold B, C, D, F, J, K, M, or Q visas are not eligible for establishing in-state residency for tuition purposes. 

7.3.  Students who meet the domiciliary requirements and who are the beneficiary of a pending I-485 application to adjust status to permanent resident may apply to be reviewed for in-state residency for tuition purposes.  

§133-25-8.  Former Domicile.

8.1.  A person who was formerly domiciled in the State of West Virginia and who would have been eligible for an in-state residency classification at the time of his/her departure from the state may be immediately eligible for classification as a West Virginia resident provided such person returns to West Virginia within a one (1) year period of time and satisfies the conditions of §133-25-3 of these rules, regarding proof of domicile and intent to remain permanently in West Virginia. 

§133-25-9.  Appeal Process.

9.1.  Each institution shall establish procedures which provide opportunities for students to appeal residency classification decisions with which they disagree. The decisions of the designated institutional official charged with the determination of residency classification may be appealed in accordance with appropriate procedures established by the president of the institution. At a minimum, such procedures shall provide that:

9.1.a.  An institutional committee on residency appeals will be established to receive and act on appeals of residency decisions made by the designated institutional official charged with making residency determinations. 

9.1.a.1.  The institutional committee on residency shall be comprised of members of the institutional community, including faculty and at least three, in any event, an odd number. The student representative(s) shall be appointed by the president of the institutional student government association while the faculty representative(s) shall be selected by the campus-wide representative faculty organization.
 
9.1.a.2.  The student contesting a residency decision shall be given the opportunity to appear before the institutional committee on residency appeals. If the appellant cannot appear when the committee convenes a meeting, the appellant has the option of allowing committee members to make a decision on the basis of the written materials pertaining to the appeal or waiting until the next committee meeting. 
9.1.b.  The residency appeal procedures will include provisions for appeal of the decision of the institutional committee on residency appeals to the president of the institution. 
9.1.c.  Residency appeals shall end at the institutional level.