Students file class-action lawsuit against the University of San Diego

Plaintiffs allege that USD breached its contract with students by not offering live classes and not refunding partial tuition and fees

Celina Tebor / Editor in Chief

Two University of San Diego students have filed a class-action lawsuit in federal court against the University of San Diego.

Plaintiffs Haley Martinez and Matthew Sheridan, two students at USD’s Paralegal Certificate Program, brought the suit in order to receive a partial refund for tuition. 

The suit alleges they paid the tuition cost for in-person classes, but USD did not hold up its side of the contract in providing the value of an in-person education after canceling in-person classes because of the coronavirus pandemic.

The lawsuit argues that through USD’s policies, admission agreement, and payment of tuition and fees, USD and its students entered into a contract; students would pay tuition and fees, and in return, USD would provide in-person instruction and access to on-campus resources for the full duration of Spring 2020 and the 2020-2021 academic year. 

“Remote learning options cannot replace the comprehensive educational experience promised  by USD,” the suit reads. “Access to facilities, materials, laboratories, faculty, student collaboration, and the opportunity for on campus living, school events, dialogue, feedback and critique are essential to the in person educational experience.”

Yvette Golan, an attorney representing the plaintiffs, does not dispute that USD made the right call by moving its classes online.

“The problem really is with continuing to charge students full tuition,” Golan said. 

The lawsuit argues that USD stresses and recognizes the importance and value of in-person classes: prior to moving all classes online on March 12, USD did not allow students to transfer credits from online classes.

“For the few classes for which USD provided online instruction, USD charged far less in tuition,” the suit reads. “For example, USD charged $1,580 per unit of on campus classes for its Master of Science in Health Care Informatics, but charged 41% less — $925 per unit — for the online version of the same class, for the same degree.”

USD has moved forward with increasing tuition for the 2020-2021 school year. Over 800 students have signed a petition asking for at least a 20% refund of tuition for all students.

USD has previously explained its decision regarding the tuition increase and maintains its position.

“With regard to the tuition increase for the fall, that decision was made and approved by the Board of Trustees prior to the pandemic and was communicated to the campus community at that time,” a statement from the university read.

Vice President of Student Affairs Carmen Vazquez also previously mentioned that the university lost an estimated $17 million in the spring semester, with a total estimated loss of over $40 million. She also confirmed that the university’s endowment value has decreased by $50 million due to the stock market plunge.

Golan disputed the university’s justification for the tuition increase.

“This is a risk that schools have always had,” Golan said. “The school is in the best position to handle those risks. Students are not.” 

The lawsuit used the university’s Paralegal Certificate Program to display what plaintiffs believe is the inferiority of online education. The program’s website says it offers “internships to gain real world experience and hit the ground running.”

Sheridan, a plaintiff, attended the internship program during the summer of 2020. He did not gain “real world experience,” he alleges, but only a “simulated” internship.

“USD itself recognized that the ‘simulated’ internship it provided was not reasonably equivalent to its promised internship; USD instructed students such as Plaintiff Sheridan that while the normal internship program qualified as ‘experience’ and could be listed as such in their resume, the internship program USD actually provided qualified only as ‘education,’ and could not be listed as ‘experience’ in their resume,” the lawsuit says.

USD deprived students of the education, experience, and services that they were promised and have already paid for, the suit says.

“Students suffered a loss of their in-person education — but that’s not something the court can give back,” Golan said. “What can be remedied is the charge of tuition. That here is what we believe is a breach of contract by USD.” 

Golan says she is litigating cases against a number of universities for this exact same problem. 

“I think the facts are on our side,” she said. “I think the equity is on our side. I hope USD will be on our side too.”

The University of San Diego did not provide a comment, as it has not officially been served with the lawsuit.