Should UNC System students get tuition refunds after COVID-19? Some have filed suit.
Some college students are suing the UNC System, the UNC Board of Governors and their individual universities, seeking reimbursements for tuition and fees after their campuses unexpectedly closed and moved classes online during the coronavirus pandemic this spring.
East Carolina University, UNC Charlotte, UNC Asheville and UNC Wilmington are all named in separate complaints filed Monday that aim to be class-action lawsuits on behalf of thousands of individuals.
In the lawsuits, students say universities made the right decision to halt on-campus classes and help stop the spread of COVID. But they allege that students were deprived of the college experience that they paid for when campuses shut down, including “in-person instruction, access to campus facilities, student activities, and other benefits and services.” They argue that the universities and the system have either not given them enough money back or refused to provide reimbursement for those costs.
ECU and UNCA both said they are aware of the complaint and do not comment on pending litigation. UNC System spokesman Josh Ellis and a UNCC spokesperson also said they cannot comment on pending litigation.
Questions about the lawsuits were also sent to UNCW in an email Tuesday, but they did not respond by time of publication.
The UNC System has started distributing prorated reimbursements for unused housing and dining services to students, but tuition and fees refunds have not been part of the deal.
Students say they missed ‘true college experience’
Brady Allen, a 22-year-old senior at UNC Charlotte, said filing the lawsuit was “common sense” because students haven’t been reimbursed any money for their education.
Allen is a finance major from Clemmons, NC and said the online classroom situation does not hold the same value of education or traditional college experience.
“As students, we’re paying for an in classroom experience to be taught right there in front of us, in person by our professors who are experts in the field,” Allen said. “Now, we’re just in front of a computer screen.”
Allen said that college experience “goes far beyond the classroom and all of that has been taken away.”
They haven’t been able to use the gyms, go to athletic events, meet in the student union or access the technology on campus that they’re paying for with student fees, Allen said. Students also haven’t been able to access classrooms, campus libraries or labs as a result of the pandemic.
In the lawsuits, students say they did not choose to pursue an online degree and the “true college experience” is more than “just the credit hours and degrees.” They argue that the level and quality of instruction in an online format is lower than an in person education and the costs of existing online programs at the school are reduced.
Allen said he understands that we’re in the middle of a tragic global pandemic that has affected everyone and universities deserve some grace given the situation. He said they should be able to transition online, shut down the campus and give students a safe place to learn. But, this situation “doesn’t warrant financial unfairness.”
Education is a product or service that is no different from any others in principle and students are the consumers, Allen said. And students shouldn’t be charged for things that they didn’t get to use.
“This suit is about me supporting myself and the rest of my classmates,” Allen said. “We don’t deserve to be financially taken advantage of.”
Allen said he doesn’t have a monetary amount in mind, but his hope is that a judge will get him and his classmates prorated reimbursements on all the tuition and fees they’ve been charged for the spring semester.
The lawsuits also allege the value of the students’ degrees will be “diminished for the rest of their lives” because of the pass/fail grading option that was offered in light of the pandemic.
Roy Willey, a lawyer at the Anastopoulo Law Firm in South Carolina that’s representing the students, said universities have to tighten their belts like other businesses in America right now, but the burden shouldn’t be put on students and their families.
“These cases are about basic fairness,” Willey said in an emailed statement. “Students and their families have pre-paid tuition and fees for services, access to facilities and experiential education and the universities and colleges are not delivering those services, access or experiences. “
Students suing colleges nationwide
The Anastopoulo Law Firm set up a website called CollegeRefund2020 inviting college students to fill out a form so its legal team can investigate colleges and universities that closed campus due to COVID-19 and aren’t offering tuition reimbursements.
College students are suing over the COVID-19 campus shutdowns at several other universities, including at Michigan State University, Purdue University and University of Arizona. Willey’s firm is also representing students at Cornell University, Columbia University, Drexel University, the University of Miami and others who are suing their schools because they say they didn’t pay for a virtual education.
In about two weeks, nearly 240,000 students across the UNC System’s 17 institutions left their dorms and classrooms in the systemwide switch to online and remote learning. UNC System interim President Bill Roper and university chancellors have commended faculty and students for their flexibility and sacrifice to help fight the spread of the virus.
The changes have been successful overall, but chancellors, students and faculty have said the online education option cannot replace or replicate the value of residential, hands-on learning. The switch has also put a significant and abrupt financial burden on institutions.
The pandemic forced the UNC System to reduce its budget proposal to the state legislature by hundreds of millions of dollars. The new budget also includes a special $45 million request in one-time relief to offset new expenses and lost revenue as a result of COVID-19. Part of that burden is the prorated reimbursements of payments for unused housing and dining services for students, which the system estimated would total just under $120 million.
The majority of students and families should have received their housing and dining refunds by now, but these students argue that’s not enough.
Tuition and fees at UNC Charlotte are about $3,500 for North Carolina residents and about $10,000 for non-residents per semester. The cost at UNC Asheville is $3,600 for in-state and $12,000 for out-of-state students per semester.
ECU students pay $7,000 for in-state and $23,000 for out-of-state tuition and fees per year. At UNCW, the annual price is $7,000 for residents and $22,000 for non-residents. UNC Wilmington also has a fully online undergraduate program that is cheaper by about $3,000 and $6,000 respectively.
The lawsuits against ECU, UNCC and UNCW also claim that summer 2020 courses, which have all moved online because of COVID-19, will be offered at a discounted rate. They argue a similar discount or refund should apply for the spring 2020 classes.
Each lawsuit says the aggregate amount in controversy exceeds $5 million and that thousands of students and parents eligible for this claim.
This story was originally published April 28, 2020 at 4:19 PM with the headline "Should UNC System students get tuition refunds after COVID-19? Some have filed suit.."
