Can Ohio State students sue for a refund of their COVID-19 semester fees?
Ohio State University graduate Brooke Smith didn't get what she paid for when the COVID-19 pandemic shuttered campus during her senior year.
Smith's in-class kindergarten teaching internship was canceled and her seminar was moved online as university officials decided to halt in-person classes during the early days of the COVID-19 pandemic.
Smith sued the university for at least a partial refund of the $15,500 she spent on tuition and fees that spring semester of 2020. Smith filed a class-action lawsuit representing all OSU students on campus that semester.
On Tuesday, the Ohio Supreme Court heard her case.
Smith, in court filings, says she doesn't question the university's decision to shift to online classes to ward off a global pandemic. But she says OSU shouldn't charge full price for less than the full experience. Similar lawsuits have been filed against the University of Cincinnati, Miami University, University of Akron and other Ohio institutions of higher education.
In January 2022, the Ohio Court of Claims, which reviews lawsuits filed against the state, including state universities, certified Smith and her fellow students as a class, allowing Smith's attorneys to argue that all students enrolled that semester were entitled to refunds.
Ohio State University appealed that decision, arguing that it couldn't be sued for basic policy decisions, such as halting in-person classes during a pandemic.
"This particular decision … is one of those health and safety decisions that needs to be given deference," said attorney John R. Gall, who represents Ohio State University, who added that there was no qualitative difference between in-person and online education.
Gall pointed to a 1984 case where the Ohio Supreme Court ruled that the state parole authority couldn't be sued for the brutal actions of a prisoner released early on a furlough. The state could be sued for inadequately monitoring that former inmate, but not for the policy of furloughing inmates.
Justice Jennifer Brunner, a Democrat, asked whether Ohio State violated its contract when it shifted classes online and charged the same rate. Justice Melody Stewart, also a Democrat, asked: “If there had been a full refund, do you think we’d be here?”
Gall replied to Brunner: “These were complicated times, your honor. There was a lot going on."
Smith's attorneys argued the 1984 case was moot because Ohio State didn't mention it during the initial hearings. It was only raised on appeal. The Ohio Tenth District Court of Appeals agreed but sent the case back to the Ohio Court of Claims for other reasons.
Smith's attorney Scott D. Simpkins also said Ohio State could be liable for negligence in carrying out its decision to close the campus even if the initial decision was protected by past court rulings.
Ohio State University appealed to the Ohio Supreme Court, asking the seven justices to review whether its students had the authority to sue for a refund at all. The justices heard arguments from both sides Tuesday and will issue a ruling later.
Jessie Balmert is a reporter for the USA TODAY Network Ohio Bureau, which serves the Columbus Dispatch, Cincinnati Enquirer, Akron Beacon Journal and 18 other affiliated news organizations across Ohio.
This article originally appeared on Cincinnati Enquirer: Can Ohio State students sue for a refund of their COVID-19 semester fees?
