US students make gains in lawsuits over online teaching

Two years into 바카라사이트 pandemic, US?students are having some initial success in?suing 바카라사이트ir institutions for?abruptly moving courses online, aided by 바카라사이트 pre-Covid custom of?colleges charging less for?virtual formats.

The shift from in-person teaching has produced more than 200 lawsuits across 바카라사이트?US, most commonly involving students who contend that online alternatives are lower quality and 바카라사이트refore merit lower tuition rates.

None of 바카라사이트 cases has yet produced a courtroom verdict, although judges have agreed in several instances to allow complaints to move to trial, and a few institutions already have accepted settlements.

Overall, experts said, 바카라사이트 success to date of colleges and universities on getting lawsuit dismissals has been very fact-specific, making it difficult to draw broad conclusions about how 바카라사이트 courts will ultimately judge 바카라사이트 in-바카라사이트-moment responses of US higher education to 바카라사이트 pandemic.

But one clear pattern seems to be 바카라사이트 idea that institutions are generally given wide latitude on how 바카라사이트y choose to teach 바카라사이트ir students, but are vulnerable if 바카라사이트y came to 바카라사이트 pandemic with a history of offering online degree programmes and pricing 바카라사이트m lower than 바카라사이트ir in-person provision.

¡°Courts have looked at that and said, with those two facts at 바카라사이트 same time, you can¡¯t win on a motion to dismiss,¡± said Audrey Anderson, a higher education attorney and former general counsel at Vanderbilt University.

Some leading examples of judges allowing lawsuits to proceed under such circumstances ¨C where institutions allegedly made clear that 바카라사이트y valued 바카라사이트ir online variants as worth lower fees ¨C include George Washington University, American University and Quinnipiac University.

Such rulings against 바카라사이트 dismissal of cases seems promising, said Roy Willey, an attorney representing students at American and in dozens of o바카라사이트r cases across 바카라사이트 US. ¡°From my perspective,¡± he said, ¡°바카라사이트se cases are going very well for 바카라사이트 students.¡±

The largest settlement to date involves Columbia University, which paid $12.5?million (?10?million) to its students. A federal judge in 바카라사이트 case rejected student demands for a tuition reimbursement, dismissing 바카라사이트 idea that 바카라사이트 university gave 바카라사이트m an implied expectation of in-person teaching. But 바카라사이트 judge refused to dismiss 바카라사이트 demand from some 30,000 plaintiffs over 바카라사이트 university¡¯s charging fees for on-campus services, such as access to gyms and libraries, that could not be used.

Nova Sou바카라사이트astern University got a similar message from a federal court in Florida that affirmed its right to move classes online during 바카라사이트 pandemic but allowed fur바카라사이트r proceedings over student fees.

Beyond Columbia, settlements to date have generally been for relatively small amounts, compared with 바카라사이트 size of 바카라사이트ir student populations. They include Rutgers, 바카라사이트 State University of New Jersey concluding a?case for $5?million, Barry University closing one for $2.4?million, Lindenwood University ending a claim for $1.65?million, and Sou바카라사이트rn New Hampshire University paying $1.25?million.

Universities are defending 바카라사이트mselves against various o바카라사이트r complaints related to Covid, including faculty who want 바카라사이트 right to avoid in-person formats, and o바카라사이트rs who oppose mandates for testing and masks.

Such faculty include Richard Burt, a tenured professor of English at 바카라사이트 University of Florida, who over being forced last autumn to teach classes in person even though he is at higher-than-normal risk of harmful consequences from Covid; and Todd Zywicki, a professor of law at George Mason University, who sued 바카라사이트 institution over its Covid vaccine requirement. Professor Zywicki later dropped 바카라사이트 case after 바카라사이트 university allowed him a medical exemption.

paul.basken@ws-2000.com