More local college students lose another suit over the move to online classes as the Covid-19 pandemic took hold

A federal judge yesterday threw out what was left of a class-action lawsuit by Boston College students against the school for the way it shifted classes from in person to online in the spring of 2020 as Covid-19 spread across the state.

US District Court Judge Nathaniel Gorton had earlier dismissed part of Anilda Rodrigues's and Sarah Talbot's case because the state legislature passed a law in 2023 granting Massachusetts-based colleges immunity from lawsuits over "good faith" actions they took after Gov. Baker declared a state of emergency in March, 2020.

In his ruling yesterday, Gorton agreed with BC to dismiss Rodrigues's claims that the shift to online learning violated a contract with her and led to the college's "unjust enrichment" by ending on-campus activities.

Those claims are based on Plaintiffs' assertion that they reasonably expected their education to be fully in person in the Summer 2020, Fall 2020, and Spring 2021 sessions. But the undisputed facts show that Plaintiffs could have had no such reasonable expectation in light of clear communications from Boston College. Boston College is thus entitled to judgment as a matter of law.

In its motion for summary judgment, which Gorton formally approved, BC wrote:

Plaintiffs were told in April 2020 that the first summer session would be remote, yet Plaintiff Talbott chose to enroll rather than exercise her option to obtain a tuition refund. Students were told in May 2020 that the second summer session would be remote, and Plaintiff Rodrigues chose to remain enrolled as well.

Plaintiff Rodrigues, an undergraduate, was told in June 2020 that classes would be a mix of in-person, remote, and hybrid in the Fall 2020 semester. She decided to enroll anyway, and her Fall 2020 semester was exactly as promised: three in-person classes, one remote class, and one hybrid class.

Plaintiff Talbott, a graduate student in the School of Social Work, was told in June 2020 by the School's administration that Fall 2020 instruction would be fully remote. She decided to enroll anyway.

Talbott was similarly told by the School of Social Work in October 2020 that Spring 2021 classes would be remote. She decided to enroll anyway.

Rodrigues was told in October 2020 that Spring 2021 classes would again be a mix of modalities. Rodrigues decided to enroll, and took both in-person and remote classes, just as she was promised.

The suit joins most of the others filed by area college students in being dismissed. In one of the few exceptions, Emerson College agreed to pay $2.1 million over the way it moved to online classes.