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Le Moyne Settlement Highlights Lingering COVID Refund Disputes

Sasun Bughdaryan Hg Pvz Atn6 F0 UnsplashLe Moyne College may have to pay roughly $243,000 to students who were forced to take courses online during COVID-19 because the students paid upwards of $500 in fees for campus services and experiences they never got, Syracuse.com reports.

The proposed payout – which is still pending approval from a judge – is part of a settlement that arose from a class-action lawsuit filed in 2024 by Arthur Germakovski, a 2021 graduate, that accused the school of breaking contracts with students when it went online but did not refund tuition and fees. It potentially affects more than 2,000 students.

A judge dismissed breach of contract claims regarding tuition and unjust profit but upheld the breach of contract claims regarding fees, the Syracuse.com report states. Specifically, the article states, students were required to pay a $500 “comprehensive fee that covered health, technology and activities as well as a $65 science laboratory fee and $10 chemistry breakage fee,” but claimed through the lawsuit that they were never able to use the health and technology resources or participate in the science labs.

The potential payout by Le Moyne College – a private Roman Catholic institution in Syracuse – represents the lingering legal fallout from the pandemic, which upended higher education when it led numerous campuses to move their coursework online beginning in spring of 2020 for varying amounts of time. Dozens of class-action lawsuits were filed against universities by students seeking refunds for tuition, fees and the like.

Results have been mixed as courts wrestle with whether and to what extent colleges and universities are on the hook financially to provide an in-person education if that’s what they specifically promised in their materials.

“Whether courts uphold the specific promise standard under the particular law of the forum state may have far-reaching consequences on the ability of colleges and universities to respond to emergent circumstances,” one law firm wrote on the matter in 2024. “The ongoing uncertainty in this area warrants careful review of enrollment materials sent to students and published on websites, especially financial responsibility agreements.”

Some institutions have already settled COVID tuition cases. For instance, the University of Washington agreed to a $4 million settlement in February, paying roughly $40 to 56,000 students, KGW reports. Other institutions that have settled COVID tuition class-action lawsuits include Catholic University for $2 million in 2024 and Columbia University for $12.5 million in 2021.

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