Ohio State University asked the Ohio Supreme Court on Tuesday to dismiss a case over unrefunded student fees when campus was closed during the beginning weeks of the coronavirus pandemic in Ohio. Credit: David Petkiewicz/cleveland.com
The Ohio Supreme Court will soon decide whether multiple public Ohio universities are immune from lawsuits brought by students who paid full tuition when campus was shut down due to COVID-19.
Multiple cases were filed in the Ohio Court of Claims targeting Ohio’s public universities for the cost of attendance for the spring semester of 2020 when schools were first faced with the COVID-19 pandemic and classes were moved online. One case is a class-action suit brought by former Ohio State student Brooke Smith, which began oral arguments last week for Smith’s claim that Ohio State should return tuition and fees to all undergraduate students who attended in the abnormal semester.
“The issue is whether or not there is liability here,” Scott Simpkins, Smith’s lawyer, said during oral arguments.
Ohio State requested immunity from COVID-19-related lawsuits with the claim that their policies were an extension of the recommendations of the state of Ohio, according to oral arguments.
“Ohio State was required to act and act quickly, and that decision was described in the complaint and there is a record that supports the nature of that decision,” Ohio State’s attorney, John Gall, said during arguments.
Ohio State spokesperson Ben Johnson said in an email the university is unable to make official comments on pending litigation.
According to court records, Smith claims Ohio State committed a breach of contract by requiring students to pay full fees and tuition during the pandemic. Smith had to pay the full required amount in order to complete her student teaching internship, which was limited due to the pandemic.
During oral arguments, Simpkins argued that Ohio State’s refusal to refund undergraduate students was a separate decision from their protocol to close the campus.
Gall defended the university’s decision based on how classes were transitioned.
“The decision not to refund was a part of the decision to transition the same quality of instruction from in person to online in some circumstances,” Gall said.
