Students suing universities over COVID instruction

The courtroom battle unfolding in Kentucky, where students are suing universities for tuition refunds related to pandemic-era disruptions, isn’t just about money. It’s a bellwether for a fundamental shift in how higher education institutions define their obligations to students – and how they’ll prepare for future crises.

The Core of the Dispute: A Contractual Question

At the heart of cases like Brandon Condiff et al v. WKU lies a surprisingly complex question: what exactly is the contract between a student and a university? Universities traditionally argue they aren’t bound by a specific, written contract guaranteeing in-person instruction. They point to course catalogs and student handbooks as informational documents, not legally binding agreements. However, students – and their legal teams like Regard Law Group – contend that tuition payments represent a contract for specific services, and those services were demonstrably altered during the pandemic.

This isn’t a new debate. Similar lawsuits have sprung up across the country, from California to Massachusetts, following the widespread shift to remote learning in 2020. While many were initially dismissed, the Kentucky case, and a favorable ruling in a similar case at the University of Kentucky, signal a potential turning point. The argument that universities have a duty to deliver the educational experience students paid for is gaining traction.

The Rise of “Educational Value” Litigation

Experts predict this legal challenge will evolve into a broader trend: “educational value” litigation. This goes beyond simply demanding refunds for disrupted instruction. It encompasses concerns about diminished access to campus facilities, extracurricular activities, and the overall college experience.

“Students are increasingly viewing higher education as an investment, not just a right,” explains Dr. Sarah Chen, a higher education policy analyst at the Brookings Institution. “They expect a return on that investment, and they’re willing to legally challenge institutions that fail to deliver.” Dr. Chen notes that the increasing cost of tuition, coupled with growing student debt, fuels this expectation.

House Bill 6 and the Immunity Question

The Kentucky case also highlights a concerning trend: legislative attempts to shield universities from liability. House Bill 6, which grants immunity for tuition collected during the pandemic, is being challenged as unconstitutional. Plaintiffs argue that such immunity provisions should be debated and passed as standalone legislation, not tucked away within budget bills. This tactic raises serious questions about transparency and due process.

This defensive legislative strategy is likely to be replicated in other states, creating a patchwork of legal protections for universities. It also underscores the political pressure institutions face to avoid costly settlements.

Future-Proofing Higher Education: What Universities Need to Do

Regardless of the outcome of the Kentucky case, universities need to proactively address the underlying issues. Here are key steps they should consider:

• Clear Contractual Language: Institutions should revise their enrollment agreements to clearly define the services students are entitled to, and the conditions under which those services might be altered.
• Contingency Planning: Develop robust contingency plans for future disruptions – whether caused by pandemics, natural disasters, or other unforeseen events. These plans should outline alternative instructional methods and potential adjustments to tuition and fees.
• Transparency and Communication: Maintain open and honest communication with students about potential disruptions and the steps being taken to mitigate their impact.
• Investment in Online Learning: While in-person learning remains valuable, universities should continue to invest in high-quality online learning infrastructure and resources. This will provide greater flexibility and resilience in the face of future challenges.

Pro Tip: Universities should consider offering “disruption insurance” – a small, optional fee that would provide students with a partial refund or credit in the event of significant campus closures or instructional changes.

The Impact on University Finances

The financial implications of these lawsuits are significant. Andre Regard estimates potential damages in Kentucky alone could reach $44 million. Widespread unfavorable rulings could force universities to allocate substantial resources to settlements and legal fees, potentially impacting budgets for academic programs and student services.

However, some argue that proactively addressing student concerns and improving transparency could actually reduce long-term financial risk. A reputation for fairness and responsiveness can build trust and minimize the likelihood of future litigation.

Did you know?

A 2023 survey by Intelligent.com found that 68% of college students believe they deserve a tuition refund if a significant portion of their classes are moved online unexpectedly.

FAQ: Student Refunds and University Obligations

• Q: Are universities legally obligated to provide in-person instruction?
• A: Traditionally, no. However, lawsuits are challenging this assumption, arguing that tuition payments imply a contract for specific services.
• Q: What is “educational value” litigation?
• A: Lawsuits that go beyond simply seeking refunds for disrupted instruction, and instead focus on the overall diminished college experience.
• Q: Can universities shield themselves from lawsuits with legislation?
• A: They can attempt to, but such legislation is facing legal challenges as potentially unconstitutional.

Related Reading: Inside Higher Ed: Students Sue Universities Over COVID-19 Closures (External Link)

The legal battles in Kentucky and elsewhere are forcing universities to confront a fundamental question: what do students truly pay for? The answer will shape the future of higher education for years to come.

Want to learn more about the evolving landscape of higher education? Explore our other articles on college affordability and student rights.