Rizzo v. Virginia Commonwealth University

BY JUDGE RANDALL G. JOHNSON

Argument on the petition for review in this case was heard on December 6,2000. Petitioner appeals the decision of the Residency Appeals Committee of Virginia Commonwealth University (“VCU”) denying him in-state tuition status.

Eligibility for in-state tuition is governed by Va. Code § 23-7.4. The relevant portions are as follow:

A— “Domicile” means the present, fixed home of an individual to which he returns following temporary absences and at which he intends to stay indefinitely____

“Domiciliary intent” means present intent to remain indefinitely____

B. To become…