University of Virginia Library

I have your letter of October 17th in regard to the University regulation which defines
Virginia students. A copy of the regulation which appeared for the first time in the University of
Virginia Record of 1925-26 is enclosed. I am also enclosing a copy of the Virginia statute of 1936
on the subject.

The statute requires that a person be domiciled in Virginia for at least one year in order
to be classified as a Virginia Student, with the proviso that the Board of Visitors may require a
longer period of residence (domicile). It is also provided that the Board may set up additional requirements
for admitting students.

The University regulation requires that the applicant be domiciled in Virginia, and that
the parents of the student be bona fide taxpayers to the State for at least two years prior to making
application for admission.

There seems to be only one case in which one of these university regulations was passed
upon by the Courts. The case is Bryan v. Regents of University of California (Cal.) 205 Pac. 1071.
The one year domicile requirement was upheld. The plaintiff, who had been domiciled in California

for eleven months, and was, therefore, a citizen of the state, contended that the regulation was
unreasonable. The Court referred to the California statute requiring domicile for one year as a
prerequisite to voting, which is similar to our Virginia statute.

It seems clear enough that the one year domicile requirement is valid. I have grave
doubts, however, as to the tax requirement. This part of the regulation may cause a person to
wait for about two and three-fourth years after he becomes a citizen of Virginia to be classified
as a Virginia student in the University. For example: X acquired a domicile in Virginia January
5, 1949. He would owe no taxes to the State in 1949. In 1950 he pays taxes to Virginia for
the first time. So after having a Virginia domicile and being a citizen of Virginia for about
two and three-fourth years he could be classified as a Virginia student. On the other hand,
another person who becomes domiciled in Virginia on January 1, 1950, about a year later than X,
could also be classified as a Virginia student in the fall of 1951.

The statute provides for (1) admission privileges, (2) reduced tuition charges, and
(3) any other privileges. The requirement of domicile for one year applies to all these privileges
and by the terms of the statute may be extended by the Board to a longer period. However,
the last clause of the statute ("and may set up additional requirements for admitting students")
refers only to admission privileges. A court might very well hold that even though the Board of
Visitors has power to extend the period of domicile as affecting the classification of students,
any additional requirements can affect only admission privileges.

It is my opinion that the regulation should be amended by omitting the tax requirement.
A suggested regulation is enclosed.