13B.08.01.09

.09 Appeals.

A. Basis of Appeal. An appeal may be filed only on the basis of:

(1) Failure to maintain full-time enrollment;

(2) Failure to maintain a 2.5 cumulative grade point average; or

(3) Changed financial circumstances.

B. Appeal Based on Full-Time Enrollment.

(1) “Full-time” means enrollment for at least 12 semester hours of courses each semester or its equivalent.

(2) To be considered full-time, the actual time spent in the classroom, lab, supervised activity, or clinic shall equal 180 clock hours or more in a regular semester.

(3) Students enrolled for at least 6 credit hours but less than 12 credits can appeal to receive the 2+2 Transfer Scholarship if they are participating in a specific course or activity (such as an internship or a practicum) that is required by the institution to complete their academic program. The student may appeal by submitting documentation, in addition to the appeal form, from the student’s department chair that describes and confirms the program requirements for that semester, along with a catalog description of the program and classes involved. The documentation shall also list the number of clock hours required for each activity.

C. Appeal Based on Grade Point Average.

(1) If a student fails to meet the grade point average requirement, the student may appeal on the basis of:

(a) A serious illness or injury of the student;

(b) A serious illness of a member of the student’s immediate family;

(c) Serious emotional difficulties experienced by the student;

(d) The death of a member of the student’s immediate family; or

(e) Other serious personal circumstances.

(2) The student’s appeal information shall clearly demonstrate that one or more of the factors in §C(1) of this regulation prevented the student from achieving the required grade point average.

(3) The student’s appeal shall be supported by documentation from an appropriate professional, such as a treating physician, psychologist, or health professional, sufficient to substantiate the student’s claim.

D. Appeal Based on Changed Financial Circumstances.

(1) A student may appeal if the student’s financial circumstances change, after the filing of the student’s application under Regulation .03, as a result of one of the following reasons:

(a) The student’s parent or spouse dies;

(b) The student or the student’s parents’ divorce or separate;

(c) The student, student’s parent (if dependent), or student’s spouse (if independent) as defined by FAFSA becomes involuntarily unemployed for at least 10 consecutive weeks in the current year; or

(d) The student or the student’s parent(s) loses, as a result of the student reaching the age of majority, benefits from Social Security, AFDC, or child support.

(2) The student’s appeal shall be supported by appropriate documentation sufficient to substantiate the student’s claim, including, but not limited to, copies of:

(a) A death certificate;

(b) A divorce decree or separation agreement;

(c) A notice of job termination or layoff;

(d) Federal tax transcript or W-2; or

(e) A copy of a termination notice of unemployment benefits.

(3) If OSFA sustains a student’s appeal, OSFA shall provide the following relief:

(a) If the appeal was based on the death of the student’s parent or spouse, OSFA shall adjust the student’s FASFA income information to exclude the income of the deceased;

(b) If the appeal was based on the student or the student’s parents’ divorce or separation, OSFA shall adjust the student’s FASFA income information to exclude the income of the affected parent or spouse;

(c) If the appeal was based on the student, student’s parent (if dependent), or student’s spouse (if independent) becoming involuntarily unemployed for at least 10 consecutive weeks in the current year, OSFA shall calculate the student’s family contribution and total family income using an estimated income for the current calendar year; or

(d) If the appeal was based on the student or the student’s parent losing, as a result of the student reaching the age of majority, benefits from Social Security, TNAF, or child support, OSFA shall calculate the student’s family contribution and total family income using an estimated income for the current calendar year.

E. Appeal Procedures.

(1) An appeal may only be filed by the submission of a completed appeal form to the Director of Student Financial Assistance.

(2) An appeal shall be received by OSFA within 45 days of the date the student is notified that the scholarship award has been nonrenewed.

(3) In completing the appeal form, the student shall document the conditions upon which the appeal is based as specified in §A of this regulation. Upon receipt of the appeal, the documentation shall be reviewed and a decision shall be rendered. The student shall be notified of the outcome of the appeal in writing.