Students are suing their universities for not refunding more money when they shut down due to the coronavirus pandemic. They claim these schools aren't keeping up their end of the bargain — but some law experts think these cases are a 'long shot.'
:"The faculty, staff and leaders of Pace continue to work tirelessly to support our students during this challenging time." Boster pointed out that not only have educators continued to teach students all their regular courses, but the university is offering tutoring, counseling and other services as well.
So, the school argues, tuition dollars are not really going to waste. Roy T. Willey IV, an attorney at Anastopoulo Law Firm who is overseeing many of the suits, dismisses that claim as"laughable." "Considering how they market their campus — experiential education and hands-on learning and the diversity on campus that you will avail yourself of if you pay these large tuition bills — it's an interesting position to take now that, 'well, we're able to provide the same thing online anyway.'" Some universities named in the cases already offer classes online for a lower tuition than they charge in-person students on campus, Willey pointed out. Deborah Hensler, a law professor at Stanford Law School, told NPR that these cases face an uphill battle in court."I think these suits are a very long shot." First of all, she explained, the legal principle of force majeure means that a totally unforeseen event, like an act of God or a global pandemic, tends to void a contract. Willey counters that most of the students' agreements don't actually include a force majeure clause. And in any case, he adds, these suits are not for outright breach of contract."The students here are very fair, very reasonable. And they're just asking for the difference between what they pay for and what they receive to come back to them." Second, Hensler pointed out that when it comes to universities in particular, there's a track record of what's called"judicial deference to academia." Basically, courts often recognize that universities deserve some autonomy when it comes to decisions related to scholarship and education. And finally, there's the substance of the legal claim itself. Here, Hensley invoked her personal experience as a faculty member who has been teaching online since Stanford University closed its campus. She has been assigning readings, grading papers and holding discussions over video. "In my personal opinion, I can deliver the same quality of education online as I could in person." But, she said, this might not be true for science students, for example, who need to be in a lab or for dance students who need to share a stage. Whether these lawsuits succeed or falter, they cast a shadow on the value proposition of college. Will universities going forward be able to charge the same tuition they're accustomed to for semesters that take place partially or entirely online?
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