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Harvard University students who filed a class action lawsuit against the school alleging breach of contract for a switch from in-person to online learning during the COVID-19 pandemic have had their claims rejected by a US district court judge.
Massachusetts US District Court Judge Indira Talwani ruled on Monday that the students could not have reasonably expected the university to guarantee in-person learning during the pandemic, adding that Harvard’s promotional material did not constitute a binding contract to offer in-person services, Law360 reports.
Three students filed the proposed class action lawsuit in May 2020, alleging they paid Harvard University tuition and fees for the spring semester and in return expected the full “opportunity for collaborative learning and in-person dialogue, feedback, and critique,” rather than an online substitute.
However, Talwani said in her judgment that the students had produced no documents or statements where promises of in-person learning were made, and even if they had shown an implied contract for on-campus learning in normal times, “Spring 2020 was not a normal time.”
“Where plaintiffs have provided virtually no direct language from the promotional and other materials, and have not alleged that Harvard charged less money for online instruction in degree-granting programs, the amended complaint fails to plausibly allege facts suggesting that Harvard would reasonably expect students to understand from such material that Harvard had promised to provide in-person instruction,” Talwani wrote.
Talwani also rejected the claims of a law student who claimed he was made to either pay full costs for his tuition while it was remote or take a year off and interrupt his education, saying he made his decision with his eyes open and “he has no reasonable expectation otherwise,” Law360 reports.
In October, Harvard argued that the case should be dismissed, saying it gave students an option to “either continue their learning remotely or take a leave of absence and receive a partial refund of the semester’s tuition.”
While “Harvard, of course, shares Plaintiffs’ frustration,” the motion contended, the university can’t be held liable and isn’t required to refund the tuition.
“Harvard never made a promise, contractual or otherwise, to provide an in-person education under all circumstances” and payment of Harvard tuition “is not conditioned on in person.”
“Harvard’s decision to shift to remote learning in response to the COVID-19 pandemic was well within the discretion afforded Harvard by its student handbooks and Massachusetts law to adapt curricula,” the motion stated.
Despite pushback from the students, Talwani sided with the university saying that no contract had been established for in-person learning.
Recently, a similar class action lawsuit filed by Northeastern University students over university fees during the pandemic was tossed out by a Massachusetts court, which said the university had never promised in-person learning in extraordinary times.
Was your education affected by the COVID-19 pandemic? Let us know in the comments section.
The students are represented by Alec M. Leslie of Bursor & Fisher PA, Steve W. Berman, Daniel J. Kurowski, Kristie A. LaSalle and Whitney K. Siehl of Hagens Berman Sobol Shapiro LLP, David Pastor of Pastor Law Office LLP, and LeElle Slifer, Warren Tavares Burns and Russell G. Herman of Burns Charest LLP.
Harvard is represented by Anton Metlitsky, Jennifer B. Sokoler and Matthew Powers of O’Melveny & Myers LLP, and Rebecca M. O’Brien and Victoria L. Steinberg of Todd & Weld LLP.
The Harvard Tuition Fee Class Action Lawsuit is Barkhordar et al. v. President and Fellows of Harvard College, Case No. 1:20-cv10968, in the U.S. District Court for the District of Massachusetts.
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