The U.S. Court of Appeals for the Ninth Circuit recently dismissed a case brought by two Oregon State University students who claimed that the school violated their contracts by transitioning to online classes during the COVID-19 pandemic while still charging full tuition. A three-judge panel unanimously upheld a lower court’s decision, stating that the students had the option to accept a full refund offered by the university.
Danielle Pranger and Garrett Harris, the plaintiffs, had paid tuition for the spring semester of 2020 when OSU moved classes online due to the pandemic. They continued to enroll in online courses for subsequent terms. The students sued the university in March 2021, alleging breach of contract, as they believed OSU had promised in-person classes and on-campus services in exchange for tuition and fees, which were not fulfilled after the shift to remote learning.
OSU argued that the governor’s stay-at-home orders made it impossible to fulfill the contract and that the students had accepted a modified contract by choosing to continue with online classes instead of opting for a full refund without penalty.
U.S. District Judge Marco Hernandez agreed with OSU’s arguments and dismissed the case in May 2023, stating that the students had willingly paid tuition and completed classes with remote instruction. The Ninth Circuit’s opinion in July 2023 reaffirmed this decision, noting that the students had entered into a modified contract by continuing their enrollments and not seeking refunds.
This case is part of a larger trend of lawsuits against universities for transitioning to online classes during the pandemic. Different appeals courts have had varying rulings on similar cases, with some allowing lawsuits to proceed for reimbursement of tuition and fees based on contractual agreements between universities and students.
Source link
