Glusman v. Trustees of the University of North Carolina

190 S.E.2d 213, 281 N.C. 629, 1972 N.C. LEXIS 1157
CourtSupreme Court of North Carolina
DecidedJuly 31, 1972
Docket113
StatusPublished
Cited by13 cases

This text of 190 S.E.2d 213 (Glusman v. Trustees of the University of North Carolina) is published on Counsel Stack Legal Research, covering Supreme Court of North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Glusman v. Trustees of the University of North Carolina, 190 S.E.2d 213, 281 N.C. 629, 1972 N.C. LEXIS 1157 (N.C. 1972).

Opinions

BOBBITT, Chief Justice.

I

The regulations governing tuition status at the time petitioners were enrolled in the Law School established certain requirements for eligibility for in-state tuition. To be eligible, a prospective student (1) must have lived in this state, (2) with intent to make it a home, (3) for at least six months, and (4) without being enrolled in an institution of higher education during the six-month period. Thus, to qualify for in-state tuition, the regulations required that the student be domiciled in this state and in addition have been so domiciled without being enrolled in an institution of higher education for at least the six months preceding the date of first enrollment or re-enrollment in such institution. For full discussion of domicile, see Hall v. Board of Elections, 280 N.C. 600, 187 S.E. 2d 52 (1972).

Petitioners do not contest the validity of Eegulation No. 1, which provides that “[t]he tuition charge for legal residents of North Carolina is less than for nonresidents” and that “[t]o qualify for in-state tuition, a legal resident must have maintained his domicile in North Carolina for at least the six months preceding the date of first enrollment or re-enrollment in an institution of higher education in this State.” (Our italics.) The State’s right to charge nonresidents higher tuition than residents is not challenged and has been repeatedly upheld as reasonably related to the State’s legitimate interest in operating, maintaining and financing its educational institutions. Johns v. Redeker, 406 F. 2d 878 (8th Cir.), cert. den. sub nom. Twist v. Redeker, 396 U.S. 853, 24 L.Ed. 2d 102, 90 S.Ct. 113 (1969). See also, Bryan v. Regents of University of California, 188 Cal. 559, 205 P. 1071 (1922); Landwehr v. Regents of University of Colorado, 156 Colo. 1, 396 P. 2d 451 (1964); Clarke v. Redeker, 259 F. Supp. 117 (S.D. Iowa 1966); Clarke v. Redeker, 406 F. 2d 883 (8th Cir.), cert. den. 396 U.S. 862, 24 L.Ed. 2d 115, 90 S.Ct. 135 (1969); Kirk v. Board of Regents of Univ. of California, 273 Cal. App. 2d 430, 78 Cal. Rptr. 260 (1st Dist. Ct. App. 1969), app. dism. 396 U.S. 554, 24 [636]*636L.Ed. 2d 747, 90 S.Ct. 754 (1970); Starns v. Malkerson, 326 F. Supp. 234 (D. Minn. 1970), aff’d without opinion, 401 U.S. 985, 28 L.Ed. 2d 527, 91 S.Ct. 1231 (1971); Thompson v. Board of Regents of University of Neb., 187 Neb. 252, 188 N.W. 2d 840 (1971); Spencer, “The Legal Aspects of the Nonresident Tuition Fee,” 6 Ore. L. Rev. 332 (1927) ; Note, “The Constitutionality of Nonresident Tuition,” 55 Minn. L. Rev. 1139 (1971); Note, 8 Wake For. L. Rev. 265 (1972).

Petitioners were nonresidents, 21 years of age or more, when they first enrolled in the Law School of the University of North Carolina. It was stipulated that each petitioner had the intention of remaining in North Carolina indefinitely when he came into this state; that, “during the period of time in question,” each petitioner “established residence in the State of North Carolina for the purposes of voting and payment of taxes”; and that “the only reason why both were denied, after six months had elapsed, reclassification for tuition purpose [s] to that of resident is that neither maintained a residence in the State for six continuous months exclusive of time spent while in attendance at the University of North Carolina School of Law.”

Petitioners concede that respondent could by regulation provide that a nonresident who enrolls in an institution of higher education in this state and continues his studies in such institution is presumed to be in this state primarily for educational purposes. Clarke v. Redeker, 259 F. Supp. at 122; 55 Minn. L. Rev. at 1158-59. Such a presumption is part of our law, aside from the regulations involved in this case. Hall v. Board of Elections, supra at 608, 187 S.E. 2d at 57. Petitioners contend that the absolute requirement that they reside in this state for at least six months preceding the date of their re-enrollment exclusive of any time spent in attendance in any institution of higher education, notwithstanding they have become domiciliaries, unconstitutionally denied to them rights accorded other domiciliaries of North Carolina.

Petitioners stress Carrington v. Rash, 380 U.S. 89, 13 L.Ed. 2d 675, 85 S.Ct. 775 (1965). In that case the United States Supreme Court invalidated a provision of the Texas Constitution prohibiting any member of the Armed Forces who moved his home to Texas during the course of his military duty from ever voting in any election in that state so long as [637]*637he was a member of the Armed Forces. It was held that this provision established an “incontrovertible presumption of non-residence,” and, as applied to a bona fide domiciliary of Texas, violated the Equal Protection Clause of the Fourteenth Amendment. The real holding in Carrington was that a burden may not be imposed on, or a right denied to, a group labeled “nonresident,” when such labeling, with such attendant imposition or denial, is not reasonably related to the state interest it seeks to protect. In the present case, petitioners are not labeled as “nonresidents.” Whether the denial of a benefit to a certain class of residents (domiciliaries) in the present case, with its peculiar facts, is reasonably related to the state interest the classification is meant to protect, is not determined by the holding in Carrington, involving an entirely different set of facts.

In Shapiro v. Thompson, 394 U.S. 618, 22 L.Ed. 2d 600, 89 S.Ct. 1322 (1969), the Supreme Court held that state dura-tional residence requirements penalized the exercise of a person’s basic constitutional right to travel freely from one state to another by rendering him ineligible for welfare assistance, thereby depriving him of a right secured by the Equal Protection Clause of the Fourteenth Amendment. In Dunn v. Blumstein, 405 U.S. 330, 31 L.Ed. 2d 274, 92 S.Ct. 995 (1972), the Supreme Court considered Tennessee constitutional and statutory provisions which required residence in the state for one year for eligibility to vote in a state election. It was held that these provisions, as applied to a bona fide resident of Tennessee for less than one year, deprived such a resident of the rights to vote and to freedom of interstate travel in violation of the Equal Protection Clause of the Fourteenth Amendment.

In Shapiro and in Dunn, the state durational residence requirements were subjected to the most stringent test, namely, whether they were necessary to promote a compelling state interest.

A person’s right to eligibility for in-state tuition is quite different from his basic constitutional right to travel freely from one state to another (Shapiro and Dunn) or his basic constitutional right to vote (Dunn). We take notice of the stipulation that the regulations in the present case “do not impede interstate travel.” Since they do not relate to basic constitutional rights, the regulations are to be tested by the less stringent traditional equal-protection standards.

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Bluebook (online)
190 S.E.2d 213, 281 N.C. 629, 1972 N.C. LEXIS 1157, Counsel Stack Legal Research, https://law.counselstack.com/opinion/glusman-v-trustees-of-the-university-of-north-carolina-nc-1972.