Northeastern students can continue to make their case that they should get a tuition refund for online education

A federal judge ruled today that Northeastern students who filed a class-action suit over the way they had to start taking classes online due to Covid-19 have now made a good enough case to warrant further consideration in court.

In October, US District Court Judge Richard Stearns actually dismissed the bulk of the suit, but did so without prejudice, which meant the students' attorneys could file an amended complaint, which they did and which Stearns ruled raised valid questions about whether the school and the students had a valid contract requiring in-person learning.

At issue, Stearns wrote today, is whether the "financial responsibility agreement" students sign, when coupled with course-registration material and schedules listing specific rooms for classes is a contract that binds Northeastern to providing on-campus education under Massachusetts law and whether that means the move to online classes in March breached that contract and so means Northeastern students are eligible for a refund for the percentage of classes they had to take online.

Drawing all inferences in plaintiffs’ favor, the court cannot, as a matter of law, say that no student who read these statements could have reasonably expected that executing the FRA and registering for on campus courses would entitle them to in-person instruction. ... Further factual development is needed to resolve the issue on the merits.

Stearns did dismiss a part of the suit over a student activity fee for the student center and related facilities. He said the paperwork students have to sign said the fee "supports" these facilities but does not explicitly guarantee admission to them, so the students do not have a breach-of-contract argument here because "supports" does not imply they have to have physical access.

However, the size of the fee pales when compared to the roughly $26,000 a semester students pay for classes.