Tuesday; July 22, 1975

THE MICHIGAN DAILY

Page Five

Court sets guidelines for 'U' tuition rebates

(Continued from Page 1)
the University to use guidelines
not listed in Ager's decision,
Daane said, "I think so, as long
as they are reasonable."
DAANE maintains that the
rules must be "flexible" enough
to handle the many different
circumstances involved w i t h
each case. ,
Carpenter, however, said yes-
terday he will bring the tuition
refund matter back to court if
the University tries to add. any
standards which tighten the res-
idency status rules.
The 14 guidelines Ager set
forth are designed to help deter-
mine "whether the student came
to the state solely to attend
school, or whether he or she in-
tends to make his or her home
in Michigan."
WHILE Carpenter says he is
generally satisfied with Ager's
ruling, Daane objects to a pro-

vision of the judgment which
forbids the University from us-
ing a former student's current
address to determine ineligibil-
ity for the refund. This factor,
Ager said, "would be immate-
rial or irrelevant" in all but
"exceptional circumstances."
Daane says he expects to ac-
cept Ager's offer for a rehear-
ing of this angle to the decision.
Daane had wanted the stand-
ards currently used to deter-
mine residency (including a
one-year Michigan residence re-
quirement) to be applied in the
tuition refund case, which has
gone t h r o u g h many appeal
stages since the original class
action suit was filed against the
University in the spring of 1973.
THE 14 GUIDELINES Ager
set forth last week involve the
following factors:
-The student's intent to ie-
main in Michigan after gradua-
tion (this standard is reworded

in another guideline);
-Whether the student is regis-
tered to vote in Michigan and,
if so, for how long;
-Whether the student has
served on a Michigan jury;
-The residence listed on the
student's driver's license and
automobile registration;
-Whether the student owns a
Michigan home;
-Payment of Michigan in-
come taxes;
-Location of "occasional em-
ployment, if any;"
-Whether the' student has ac-
cepted full-time employment in
Michigan following graduation;
-Membership "in any local
service club or other organiza-
tion not connected with the Uni-
versity;"
-The residence of the stu-
dent's parents or guardian;
-Whether the student receives,
out-of-state sources of support;
-Participation in "commaaity
affairs" at any time during the
year; and
-Whether the student has a
license to practice a tr,e or
profession in Michigan.
AGER ALSO ruled that any
student requesting a refund
must "sign an affidavit stating
that they believe they were a
resident of . . . Michigan at the
time they paid out-state tuition
and for which they claim a re-
fund."

Furthermore, the student must
have lived in Michigan for at
least six months prior to the
time he or she paid out-state
tuition. The burden of proof of
in-state residency status will lie
with the student.
"Care has to be exercised
with a lot of those standards,"
Carpenter says, adding that
failure to own a home in Mich-
igan , should not automatically
disqualify an applicant from re-
ceiving a tuition refund.
THE REFUNDS would be
equal to the difference between
the out-of-state tuition fee and
the lower rate for Michigan res-
idents, which, in some cases,
could total more than $1,000,
More than 9,000 students paid
out-of-state tuition during the
May 1972 to May 1973 period.
Carpenter mailed notices to all
of them at the beginning of June
to inform them of their poten-
tial eligibility for a partial re-
fund.
Students interested in apply-
ing for a residency status re-
view must return a card In the
county clerk by Sept. 1. A sec-
retary at the office receiving
the requests said yesterday that
about 2000 past and present Uni-
versity students have indicated
their interest in obtaining a
hearing.
THE UNIVERSITY has al-
ready set aside $1.4 million for

the tuition refunds - an amount
which may not cover all the
overpayments. Daane declines
to estimate how many persons
will eventually receive the re-
funds, 1-ut Carpenter guessed in
May that the number will be at
least 500.
Another apparently unsettled
point involves the review board
which must be appr:nted or cre-
ated to handle decision-making,
in the refund requests.
Both attorneys have indicated
interest in a two-step process:
written applications (with a
questionnaire) and an option of
an in-person appeal if the initial
request is denied.
DAANE declined to elaborate
on what he called a "tentative
agreement" between himself
and Carpenter, but Carpenter
said one possibility is a three-
person panel with one member
appointed by both attorneys and
the third deciO -d by the appoint-
ees.
DR. Paul C. Uslan
OPTOMETRIST
Full Contact Lens Service
Visual Examinations
548 CHURCH ST.
663-2476

City officials criticize 'U'

(Continued from Page 3)
continue policy discussions on
equitable fiscal relationships and
practices between the city and
the University."
Assistant City Administrator
Mike Rogers, who made the
June presentation to the Re-
gents outlining what the city
thought would constitute an
equitable fiscal policy between
the two parties, said yesterday
that he was less than pleased
with the University's response.
"I DON'T think we could be
real satisfied and happy with
anything less than what we re-
quested as equitable, said Rog-
He added that the University's
payments to the city would
merely cover basic police and
fire services. "There will be no
improvement in the operations,"
said Rogers.
At least two Democratic Coun-
cil members were fairly indig-
nant about the University"s de-
cision.
"I'M VERY angry because I
feel that in many ways the citi-
zeons are getting ripped off,'
said Councilwoman Carol Jones
(D-Second Ward). "I expected
them to turn down the request
because thy don't have to pay
us . . . It's an ethical question
and a matter of.fairness," Jones
said.
Eliiabeth - Keogh (D - F i r s t
Ward) said she was "incensed"
at the University's contention
that it was a problem to be tak-
en up with legislators in Lan-
sing. She said she thought the
Regents to be generally sympa-
thetic to the city's argument,
adding that the University's

statement did not reflect that
sympathy.
"It is not clear to me that it
(the University's statement) re-
flects -the Regents' position."
Instead, it reflects "the admin-
istration's position, but not the
Regents."

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