Lawsuit targets Sonoma State, California universities over refunds for student fees

A Sonoma State University sophomore is suing the 23-school California State University system, leading a growing call from students who say they aren’t getting the experience they paid for and want some of their money back.

Two lawsuits seeking class-action status were filed in federal courts in Los Angeles and Oakland, accusing the CSU and University of California systems of “profiting from this pandemic” by retaining fees for services that were no longer available, according to the complaint.

Sonoma State student Akayla Miller, 19, of San Diego, the plaintiff in the CSU case filed on April 27, is one of thousands of people nationwide calling on their university or college to refund fees for a spring semester that’s been diminished since distance education became the norm during the coronavirus pandemic.

Petitions circulating on campuses around the country have amassed tens of thousands of signatures, prompting lawsuits in several states to try and compel schools to reimburse students for all or part of their costs.

Sonoma State has so far provided refunds for housing, meal plans and parking. The university has offered little guidance for reimbursements beyond that, but advised against students dropping classes since it could affect their?eligibility for financial aid.

Miller, whose lawsuit is not seeking the reimbursement of tuition, said she was inspired to act after hearing the stories of other students who were immediately shut down when they asked for refunds, and voiced their frustrations on social media. Some remarked the money could be used for rent, groceries or supporting family members who are struggling to make ends meet, Miller said.

If the lawsuit is allowed to go forward as a class action and is successful, the CSU network could owe millions of dollars in partial refunds to at least 480,000 students statewide.

“The ultimate goal in all of this is to get our fees refunded,” Miller said. “But it also sends a message that they can’t treat students like this. It’s not fair to pass their financial hardships on to students in a time when it can be so tumultuous. It’s not fair for them to treat us like this.”

According to the complaint, campus fees for a Cal State university could range from $847 to $4,201, depending on the school. SSU increased its campus-based fee by nearly 4% in the fall to $1,069.

SSU officials declined to comment on the lawsuit, directing inquiries to the Cal State Chancellor’s Office.

Mike Uhlenkamp, a CSU spokesman, said in a statement that the universities “will vigorously defend against this suit.”

“The complaint misstates the facts,” he said. “Every CSU campus continued to fulfill its mission of providing instruction and services to its students.”

Mark Pulido, 21, of Santa Rosa, a senior at Sonoma State, said he started inquiring about a refund not long after the university closed its doors on March 12.

He felt the 9,000 students were at least entitled to a refund of $1,069 in fees paid for facilities and services on a campus they were barred from entering for more than half the semester.

Pulido said he tried to talk to professors, the financial aid office, the COVID-19 call center, and even student government representatives, but had no luck.

Some students are afraid to raise the issue, Pulido said, or feel they’re too small to pose tough questions to a university. He doesn’t see it that way.

“It may appear to be out of our hands, but I feel like the more students call attention to this, the more the school will listen,” he said.

Since every campus is still providing academic credit during the shutdown, reimbursing “tuition and other campus mandatory fees are not warranted,” according to interim policies adopted in mid-March.

Tuition and fees account for over $3 billion in revenue for Cal State schools, which was almost half of the university system’s $6.4 billion operating budget last year.

Noel Garcia, a Los Angeles-?based attorney with Cowper Law, one of the three firms on the case, said schools have the ability to pay back the fees, despite the uncertainty prolonged distance learning poses. She pointed to an anticipated $350 million in federal stimulus funds, or the lucrative endowments that university officials are usually restricted from spending. In 2017-18, the market value for gifts received reached $1.7 billion systemwide.

“They have all this money they’re able to tap into to cover various expenses,” Garcia said. “Instead of using that, they’re passing the costs off on these students and are unable to reallocate it.”

Sonoma State, which has the second-smallest budget in the Cal State network, has kept parts of its campus open during the shutdown. About 160 students are still living on campus and receiving grab-and-go meals from the dining hall.

The university also entered into a $5 million agreement with Sonoma County officials to repurpose its recreation center and several student housing complexes to provide at least 580 beds for a coronavirus surge, as well as shelter at-risk homeless people during the pandemic.

Generating revenue while holding student fees is “double dipping,” said Pulido, the senior student. He’s hopeful the university will reverse course with its refunds and set a new precedent for the generations of students that follow him, prioritizing their demands and calls for greater transparency in future crises.

“It’s heart-warming and I’m proud that we have fellow colleagues taking action,” he said of the lawsuit. “I feel inspired to keep coming forward.”

You can reach Staff Writer Yousef Baig at 707-521-5390 or yousef.baig@pressdemocrat.com.