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) ďFull-timeĒ 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 studentís 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 studentís immediate family;

(c) Serious emotional difficulties experienced by the student;

(d) The death of a member of the studentís immediate family; or

(e) Other serious personal circumstances.

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

D. Appeal Based on Changed Financial Circumstances.

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

(a) The studentís parent or spouse dies;

(b) The student or the studentís parentsí divorce or separate;

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

(2) The studentís appeal shall be supported by appropriate documentation sufficient to substantiate the studentís 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 studentís appeal, OSFA shall provide the following relief:

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

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

(c) If the appeal was based on the student, studentís parent (if dependent), or studentís spouse (if independent) becoming involuntarily unemployed for at least 10 consecutive weeks in the current year, OSFA shall calculate the studentís 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 studentís 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 studentís 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.