Judge rules USF protected from COVID-era fee refunds under sovereign immunity
University of South Florida students challenged fees paid during pandemic-era shutdowns.
Judgement: 'the USF policies and regulations do not contain any promise for a refund of student fees in the event of a temporary cancellation of classes.'
A Florida judge ruled that the University of South Florida (USF) is shielded from liability after students filed a class-action lawsuit over fees paid during COVID-19 campus shutdowns.
Campus Reform previously reported that the lawsuit, originally filed in 2021, challenged mandatory fees for transportation and athletics. Students alleged they were denied services while the campus was closed during the pandemic.
Hillsborough County Circuit Judge Carran Farfante issued a summary judgment in favor of USF’s Board of Trustees, citing sovereign immunity.
Farfante wrote that the university’s policies “do not contain any promise for a refund of student fees in the event of a temporary cancellation of classes,” and added that the USF policies and regulations “contain any language obligating USF to provide any specific in-person or on-campus services at any specific time.”
In a March 27 court filing, attorneys representing the student plaintiffs argued that an express contract existed between USF and the student body. “USF made an offer to students to provide services in exchange for payment of certain fees, that USF students accepted this offer by paying for these fees,” the filing stated.
However, the 2nd District Appellate Court declined to hear the case, prompting Farfante’s ruling in favor of the university.
The case adds to a growing number of legal challenges surrounding universities’ pandemic-era policies. While students across the country were charged full tuition and fees during COVID-19 lockdowns, many institutions claimed immunity from financial liability.
