A Boston University sophomore and her father have sued Boston University to demand they be reimbursed a chunk of her tuition because she's been forced to endure a "second-rate online substitute" since the school shut its campus in March due to Covid-19.
Of course, one does not get represented by law firms in three separate states just for one's single-semester tuition; in their complaint, filed in US District Court in Boston yesterday, Natalie and Vallauina Silulu of Boxborough are seeking to become lead plaintiffs in a class action worth more than $5 million against BU to represent as many as 40,000 people. The same three law firms also represent a Northeastern graduate student who also filed a similar complaint against his school yesterday (see the attached files below).
The complaint charges BU has managed to actually profit from coronavirus while screwing students out of both tuition that is now paying for inferior classes and the fees they paid for access to campus facilities they are now barred from.. And then there's the $15 million in federal CARE funds BU is eligible for, only half of which would have to be doled out to students with serious financial needs.
Despite failing to fulfill its obligations, Defendant is currently unlawfully retaining and refusing to fully or partially refund Plaintiffs’ Spring 2020 semester tuition and fees, despite the dramatically lower quality and less valuable education and services now being provided.
Essentially, students have paid Defendant for high-quality, in-person instruction that is no longer available to them, access to buildings they can no longer enter, technology, programs and services that Defendant is no longer providing, and activities that are no longer available. Defendant is thus profiting from COVID-19 while further burdening students and their families - many of whom have been laid off, become ill, lost loved ones, or are otherwise already bearing the brunt of the COVID-19 pandemic. The result is an enormous windfall to Defendant. Both contract and equity demand that Defendant disgorge its ill-gotten funds.
The complaint adds:
The online classes Plaintiff Natalie Silulu and her peers have been provided are not equivalent to and are worse than, the in-person, campus experience that Plaintiff and other BU students chose for their university education. The tuition and fees that Defendant charged were predicated on access to and constant interaction with and feedback from peers, mentors, professors, and guest lecturers; access to technology, libraries, and laboratories; opportunities to attend or participate in spectator sports and athletic programs; access to student government and health services; and participation in extracurricular groups and learning, among other things.
Although only Natalie is a BU student, her father says he signed on as a plaintiff because he has a financial stake in the issue - has agreed to pay back her student loans for her once she graduates.
In addition to being named lead plaintiffs, the Silulus are seeking refunds on spring-semester tuition and fees, plus damages and attorney's fees.
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Comments
At most colleges the
By anon
Fri, 05/15/2020 - 1:26pm
At most colleges the cancellation deadline to avoid paying for the spring semester would be way back in the middle of last fall.
If the semester has started, that money is gone forever. This applies if you leave voluntarily or get kicked out. Maybe they'll let you drop your classes without it turning up on your transcript, that's all.
Schools worse than insurance companies
By Kaz
Thu, 05/14/2020 - 1:42pm
If my auto insurance company (some of the biggest ripoff artists of all time) offered me money back on my payments, unsolicited (!), then schools should be able to do the same.
False Comparison
By henryalan (not ...
Thu, 05/14/2020 - 2:02pm
The insurance companies did that because the cost of payouts dropped dramatically with the huge reduction in commuting. Many (perhaps all) insurers have contractual or regulatory clauses requiring that they rebate such savings. Universities aren't really seeing their costs go down. They still have to pay staff, rent, debt service, etc. Really, the only significant savings would be found in certain on-campus residential offerings, such as dining services. Students paying for room and board they aren't receiving would have a legitimate grievance, but it doesn't cost less to offer remote learning, why would there be a reduction in tuition?
I see your point, but must politely disagree.
By 2 non-cents
Thu, 05/14/2020 - 5:12pm
Sure, they still have to pay staff and rents, etc, but I think you're vastly discounting the costs of running a college campus.
Most business costs and household costs, schools also incur, and I'd argue that they'll save on many if not most of them.
In addition to the room and board savings you mentioned, the school might save on electricity, heating, air conditioning, personnel costs (security, etc), maintenance, liability insurance, garbage/recycling costs, sewer/plumbing, non-essential personnel salaries, lawn cutting/landscaping if they choose to scale back!!, coffee in the administration offices, toilet paper, graduation ceremony costs, classroom upgrades, etc.
So they're saving to say the least. Then couple in the fact that they are providing a lesser experience, and from where I stand, the evidence is clear that they should pay back at least a portion of tuition.
Lastly, many of these schools have huge endowments. By legal definition, these endowments may NOT be allowed to accrue for certain purposes such as for profiteering or as a financial vehicle in general (basically, the school is a non profit, and they therefore cannot operate an endowment for the exact purpose of making a profit... Makes sense).
Therefore, failure to use endowments as an emergency or rainy day fund in this situation is against the inherent purpose of said endowments, and could even threaten the non profit status that allows schools to accrue them.
The school's moral and legal obligation is to partially refund some tuition...
Just my 2 (non)cents
/=
Not really the same thing
By Gary C
Thu, 05/14/2020 - 2:04pm
The majority of expenses that colleges must pay don't drop all that much because the students went home. Auto insurers on the other hand continued to collect their normal fees while the amount of driving and accidents dropped precipitously. My insurance company sent me fifty bucks. They probably saved $500 per car they insure. I think they rushed to send out checks before the AG started asking a lot of probing questions.
The majority of expenses that
By Refugee
Thu, 05/14/2020 - 2:39pm
That was a business decision made by colleges. They could have cut their losses, ended the semester early, refunded tuition, and furloughed staff and faculty. Instead, they kept everyone enrolled and everyone employed.
Who should bear the burden for that decision - the students/parents, or the school? Reasonable answer is probably both.
It would be safe to assume
By CH
Thu, 05/14/2020 - 3:23pm
It would be safe to assume that ending the semester early, cutting off all remaining instruction and delaying graduation for thousands of students, would have invited at least this many lawsuits.
If all colleges and universities
By Anon
Thu, 05/14/2020 - 4:26pm
furloughed their workers, Massachusetts would be in a MUCH worse position. Over 200,000 people in MA work in Higher Education- it's our 3rd or 4th largest industry.
I think you've landed on why
By Maryam Moulai
Sat, 05/16/2020 - 8:04am
I think you've landed on why so many here are so dismissive of this student's concerns (as opposed to how they would feel if we we're talking about an athletic club rather than a university). Many of us in this town make a living, directly or indirectly, from the huge amounts of money that students pour into this city every year. Apparently folks feel entitled to this money, even if the kids who are saddled with this debt are in no better position to shoulder the burden than we are.
I picture Veruca Salt and her Daddy
By StillFromDorchester
Thu, 05/14/2020 - 2:33pm
Make the Corona Virus go away now daddy, I want it NOW.
Interesting
By Scratchie
Thu, 05/14/2020 - 2:45pm
Interesting that you equate a woman who wants to receive what she's paid tens of thousands of dollars for with a spoiled child.
Is it really interesting?
By StillFromDorchester
Thu, 05/14/2020 - 4:06pm
Or did you just feel like leaving a comment to my lighthearted response.
I actually equated her to a fictional character from a movie I liked when I was a kid...but have at it.
It's interesting
By Scratchie
Fri, 05/15/2020 - 9:29am
Like your choice of the word "lighthearted."
You find odd things interesting.
By StillFromDorchester
Fri, 05/15/2020 - 10:43am
Should I turn in my chick card?
Is it interesting I used the word chick?
Let's give universities incentives not to protect student health
By mg
Thu, 05/14/2020 - 2:54pm
If plaintiffs in any of these suits against universities win large judgments, it's likely to have a seriously bad effect on what schools do the next time there's a public health crisis.
Do we really want unis deciding that they'd better not protect their students and staff by limiting physical contact when there's a pandemic? Especially after many will have been vacationing and mingling with kids from other localities over spring break? Would we have wanted lots of New Yorkers returning from the center of the U.S. pandemic?
Heaven safe us from overly litigious people.
In turn..
By Friartuck
Thu, 05/14/2020 - 3:25pm
BU should sue every student who skips class..
On what basis?
By Scratchie
Thu, 05/14/2020 - 4:06pm
On what basis?
Wicked Smaht
By polarbare
Fri, 05/15/2020 - 9:53am
" lead plaintiffs in a class action worth more than $5 million against BU to represent as many as 40,000 people."
So she and 40,000 other students might get $100 each and the lawyers will split $4.5Million..
Obviously her BU education didn't include mathematics or anything with research where she could see how this turns out for the class.
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