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State court of last resort · ST-VA-SC

George Mason University v. Malik

No. 180005Supreme Court of Virginia

180005 George Mason University v. Malik 10/18/2018 The circuit court erred in finding that a public university's decision to deny a request for a tuition reclassification from out-of-state to instate was arbit…

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180005 George Mason University v. Malik 10/18/2018 The circuit court erred in finding that a public university's decision to deny…

At a glance
Court
Supreme Court of Virginia
First added here
October 4, 2026
Last entry
October 18, 2018
Policy at issue

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Official docket

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Docket entry

180005 George Mason University v. Malik 10/18/2018 The circuit court erred in finding that a public university's decision to deny a request for a tuition reclassification from out-of-state to instate was arbitrary, capricious, and contrary to law. The student bears the burden of proof regarding domicile issues, and continuously enrolled non-Virginia students are presumed to be in the Commonwealth for educational purposes unless they rebut that presumption with clear and convincing evidence of domicile, as provided in Code § 23.1-503(G). In this case the circuit court exceeded the scope of its review under Code § 23.1-510(C) by reweighing the evidence and substituting its judgment for that o…

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