Court: Kean University students can't get COVID tuition refunds
UNION TOWNSHIP - A state Appellate Court has upheld the dismissal of lawsuits brought by two Kean University students who sued the school claiming they deserved a refund of tuition and fees when the school went to distance learning in 2020 because of the pandemic.
In its 23-page ruling, the Appellate Court ruled that Kean was immune from liability under the state's Emergency Health Powers Act. The university's decision to stop in-person instruction, the court wrote, was made in compliance with executive orders issued by Gov. Phil Murphy to limit the spread of COVID-19 among, students, faculty and community members.
The court's decision also applied to a similar suit filed by a Montclair State University student whose lawsuit was also dismissed.
In the Kean litigation, full-time students Andrew Mueller and Athena Brock-Murray sued the university, claiming the institution breached its contract and had unjustly kept their tuition and fees money.
Kean stopped in-person classes on March 16, 2020 and did not hold any classes on campus for the remainder of the spring semester.
The students claimed in their lawsuits that they had lost the benefits of an in-person education and that the university did not "deliver the educational services, facilities, access and/or opportunities that they contracted and paid for."
They said they had chosen not to attend an online school and instead enrolled at the university "for an on-campus, in-person curriculum."
The students also contended that the online classes "were subpar in practically every aspect."
In the lawsuit, the students also noted that tuition and fees for in-person classes at Kean were higher than those for its online programs.
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Kean maintained, in response to the suit, that the students' claims were barred by the Emergency Health Powers Act which immunized all state universities from suits filed in response to the pandemic.
Kean contended that the lawsuits should be dismissed because it had agreed to provide educational services generally and not specifically in-person classes.
Kean also argued that it had refunded housing and dining fees for the spring semester.
Union County Superior Court Judge Thomas Walsh dismissed the suit, finding that the university had continued to provide educational services and allowed students to receive credit for the courses.
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The students then filed the appeal which was rejected by the Appellate Court.
The court wrote that the immunity afforded by the Emergency Health Powers Act is not unconstitutional.
"Immunizing public entities from liability related to their actions in a statewide public health emergency is a key part of the legislative scheme, as it allows these entities to act quickly, efficiently and fully to prepare for and react to such circumstances without fear of litigation consequences," the court concluded.
Email: mdeak@mycentraljersey.com
Mike Deak is a reporter for mycentraljersey.com. To get unlimited access to his articles on Somerset and Hunterdon counties, please subscribe or activate your digital account.
This article originally appeared on MyCentralJersey.com: Court: Kean University students can't get COVID tuition refunds
