Former Miss SC files class action lawsuit for tuition refund after COVID-19 closures
A class-action lawsuit has been filed against the University of South Carolina after it said it will not refund tuition and other academic fees to students in the wake of the coronavirus pandemic.
The lawsuit, filed by Davia Bunch in Richland County on behalf of all students, aims to force the university to issue those refunds after the virus forced the closure of all on-campus events and moved classes online.
Bunch is a graduating senior for the class of 2020 and the winner of the 2018 Miss South Carolina competition.
Bunch’s complaint says that “although closing campus and transitioning to online classes may have been prudent,” it impacted students by taking away “the benefits of in-person instruction, access to campus facilities, student activities, and other benefits and services.”
To date, USC officials have only said it will refund students for meal plans, parking permits and on-campus residential housing as a result of the coronavirus pandemic. But that doesn’t go far enough to make up for the loss of services, Bunch’s suit argues.
“While we are aware of many similar cases being filed throughout the country, we have not been served with a lawsuit,” USC spokesman Jeff Stensland said.
The lawsuit also argues that the virtual instruction that South Carolina and most universities and colleges across the country has migrated to during the public health crisis is inferior in quality to in-person classes, citing a 2017 study from the Brookings Institute. USC also charges different tuition rates for its online and on-campus classes.
The university’s “online instruction is simply not commensurate with the same classes being taught in person, as reflected by the differences in tuition,” the complaint alleges.
Bunch’s suit references other benefits from on-campus instruction, including access to libraries, technologies and extracurricular activities no longer available during the coronavirus pandemic. As a result, she is seeking a prorated refund of all fees from the Spring 2020 semester for all students.
According to court records, the lawsuit has been referred for alternative dispute resolution (ADR), which involves direct negotiation, mediators or arbitrators, to potentially resolve the case outside of court. The two parties must meet by Dec. 9, 2020 before the case can go to trial.
At the end of March, administrators at the university estimated that the school could lose an estimated $20 to $40 million due to the coronavirus. Those totals don’t factor in potential refunds like the kind Bunch is seeking. Since the virus outbreak, the university has taken steps to cut costs, including a 10% pay cut for high-level administrators and top-paid coaches.
This story was originally published May 20, 2020 at 8:20 PM.