Students notified about COVID-19 refunds from $12.5 million settlement

Upper West Side NY

18 January, 2022

2:42 PM

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Columbia Daily Spectator BY ZACHARY SCHERMELE • JANUARY 17, 2022, 11:12 PM Columbia students who were enrolled and assessed fees for the 2020 spring semester were notified by a court-appointed administrator on Jan. 8 of their eligibility to receive payments from a $12.5 million settlement. The settlement was reached in November between the University and a group of students who sued for refunds for the spring 2020 semester after classes were moved online due to the pandemic. It remains unclear exactly how much money each student could potentially receive. The final number will not be agreed upon until sometime after March 24, when a court in the Southern District of New York will enter its final order approving the settlement. Of the $12.5 million, $8.56 million will go toward refunds to students. If the settlement is approved, eligible students will eventually receive equal amounts of money via checks. Checks will be mailed to addresses on file with the University registrar, though students can request to transfer the funds through mobile payment apps instead. In order to be eligible, students must have been enrolled at Columbia after March 13, 2020 and assessed fees for that semester. The suit is part of a wave of litigation, including another class action lawsuit filed against Columbia's School of the Arts, that hit colleges and universities across the United States after COVID-19 restrictions forced a pivot to remote learning in 2020. At least 261 such suits have been filed to date, according to the law firm Bryan Cave Leighton Paisner, which has been tracking the litigation and providing public analysis of how the outcomes of cases have trended writ large. Most cases in New York have not passed legal muster due to a state law that makes it harder for students to bring civil suits against higher education institutions. The outcome is arguably the best-case scenario for the plaintiffs, who sued Columbia for breach of implied contract and a violation of state law obligations—both difficult allegations to prove, especially under New York state law. Although the plaintiffs sought refunds of both tuition and fees, the court dismissed the claim to tuition. The University has not been found guilty of any wrongdoing in court and it denies all allegations. "The pandemic has imposed serious challenges on sustaining the teaching, research, patient care and public service at the core of Columbia's mission," a University spokesperson wrote in a statement to Spectator. "Throughout this period, we have been committed to meeting the needs of our students. The settlement filed with the court provides additional support to students who attended the University during the spring semester of 2020." The University has also provided students with millions of dollars in emergency financial aid grants through the American Rescue Plan, the 2021 congressional appropriations bill, and the CARES Act. The plaintiffs will receive different sums of money than the rest of the eligible students, on top of the uniform amounts that will be granted to all students. The settlement stipulates that the awards received by those few students, who are called class representatives, cannot exceed $25,000. Students who are members of the eligible class can opt out or choose to object to the proposed settlement. If the court agrees with any objections filed by students, it could jeopardize the final approval of the settlement. Ethan Green, CC '22, initially did not read the entire notification email because he assumed that as a full scholarship student, he would not be eligible for a payment. But after learning he could opt in to a refund of fees, he did some back-of-the-envelope calculations. Green believes it is possible he and other students could be eligible for an amount at least enough to help with expenses like groceries. "For me, just having some more spending money is always a plus," he said. Founded in 1877, the Columbia Daily Spectator is the independent undergraduate newspaper of Columbia University, serving thousands of readers in Morningside Heights, West Harlem, and beyond. Read more at columbiaspectator.com and donate here.