Education Law,
Civil Litigation
Jan. 15, 2021
Sovereign immunity protects university against students’ claims for refunds
Cal State University has broad regulatory discretion to set refund policies that cannot be superseded by alleging a constitutional taking, which is what the students did, claiming a campus shutdown deprived them of facilities, according to an order by U.S. Judge Stephen V. Wilson of the Central District of California.
A federal judge has thrown out, with prejudice, lawsuits filed by two students who sued California State University and its chancellor to get their tuition and fees refunded because of required remote instruction last spring.
The school has broad regulatory discretion to set refund policies that cannot be superseded by alleging a constitutional taking, which is what the plaintiffs did here, according to an order issued Tuesday by U....
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