PROFESSIONAL JUDGMENT

Explanation of Professional Judgment

Professional judgment is defined as a discretionary decision or opinion reached on the basis of the experience of a Financial Aid Coordinator to address unusual circumstances that affect student eligibility.

It is the philosophy of SWTC that professional judgment is utilized at a minimum level. Student applications, whose financial and personal background truly reflects a unique circumstance which federal regulation does not address, will be assessed on an individual case-by-case basis.

Procedure to Follow for Professional Judgment

A student may request a review of special circumstances or the Financial Aid Coordinator may determine after reviewing the student's application that the student may need special consideration. The Financial Aid Coordinator will request the student/parent file a written explanation describing the situation or special circumstances. Official documents, such as court orders, or other evidence such as receipts, bills, tax forms and schedules will be required. Also required for a review of a student's special circumstances is thirdparty evidence substantiating the requested adjustments and a written statement by a third party or the counselor documenting the basis for the decisions and explaining why the requested adjustments represent a special circumstance for each student on a case-by-case basis.

The Financial Aid Coordinator will review the request and decide whether professional judgment should be exercised. The Financial Aid Coordinator will document the decision, how the decision was reached and the action to be taken. The student's request or written explanation, along with supporting documentation and the decision of the Financial Aid Coordinator will be filed in the student's financial aid file folder.

It is within the school's right to refuse a professional judgement to any student that cannot produce proper documentation, evidence, or statements to substantiate the request for professional judgement. SWTC is not obligated to exercise a professional judgment for a student if conducted at another school. If a student is selected for verification, the verification process must be completed before exercising a professional judgement.

When Professional Judgment is used, the Financial Aid Coordinator completes the appropriate section(s) of the School Use box on the FAFSA SUBMISSION SUMMARY/ISIR or the FAA adjustment box on the EdExpress ISIR tab. This indicates to CPS that a data element or dependency status has been changed.

Areas in Which Professional Judgment Can Be Exercised

The SWTC Financial Aid Coordinator authorizes case-by-case adjustments in the following areas:

  • Data items used to calculate SAI

  • Cost of Attendance elements

  • Prior, prior year data

  • Unemployment benefits

  • Other items as determined by the Financial Aid Coordinator

Dependency Status and Professional Judgment

Students are automatically considered to be independent if they meet the following criteria:

  • They were born before January 1, 1995

  • The student will not be working on a master's or doctorate program during the school year

  • The student is married as of the date he or she applies

  • The student has children and provides more than half of their support

  • The student is an orphan or a ward of the court (or has been a ward of the court at any time since the age of 13)

  • The student is a veteran of the U.S. armed forces

  • The student is currently serving on active duty in the U.S. Armed Forces for purposes other than training

  • The student has certain dependents (other than a spouse or children) that live with the student and the student provides more than half of their support

  • The student is or was an emancipated minor as determined by a court in his state of legal residence

  • The student was determined to be homeless or to be an unaccompanied youth by his high school or school district homeless liaison at any time on or after July 1, 2017

  • The student was determined to be an unaccompanied youth who was homeless by a director of an emergency shelter or transitional housing program funded by the U.S. Department of Housing and Urban Development at any time on or after July 1, 2017

  • The student was determined to be an unaccompanied youth who was homeless or was selfsupporting and at risk of being homeless by a director of a runaway or homeless youth basic center of transitional living program at any time on or after July 1, 2017

  • The student is or was in a legal guardianship as determined by a court in his state of legal residence

The Financial Aid Office has the authority to make students (who do not meet the above criteria) independent under special circumstances using Professional Judgment. Special circumstances must be documented and a copy of the documentation must be maintained in the student's file. Examples of special circumstances include, but not limited to:

  • An abusive relationship with the family

  • A student who has been abandoned by parents

  • Incarceration of both parents

  • The student being unable to locate his/her parents

The Financial Aid Coordinator adjusts the student's dependency status by recording a Dependency Override code of "1" in EdExpress. The Financial Aid Coordinator may also cancel a dependency override that another school performed. To do this, the Financial Aid Coordinator records a code of "2" in EdExpress. Dependency overrides can also be recorded by marking the D/O oval on a paper FAFSA.

However, according to federal regulations, the following instances do not qualify as special or unusual circumstances meriting a dependency override:

  • Parents refuse to contribute to a student's education

  • Parents are unwilling to provide information for the FAFSA or verification

  • Parents do not claim the student as a dependent for tax purposes

  • Student demonstrates total self-sufficiency

  • Student does not live with parents or lives with other family members

Appeal Procedure for Professional Judgment

Students who feel their request for review of special circumstances has not been processed properly have the right to appeal such decisions to the FA Appeal Committee consisting of the Counselor, the student's instructor (current or prospective), the Financial Aid Coordinator, the Chief Financial Officer and a neutral party appointed by the Chief Financial Officer. Students do not need a special form to file this appeal. Students requesting an appeal of special circumstances need to provide in writing a request addressing the FA Appeal Committee stating that they would like to have a meeting to present the special circumstances they feel warrant a change in their dependency or financial aid status. The committee will meet with the student to review and consider all documentation. The student will receive written notification of the committee's decision within five school days.