MACON, Ga. — A federal judge on Monday dismissed a class action lawsuit filed by students against Mercer University.
The case was brought by Mary Koerner and all others in her situation over certain fees the university charged its students as part of tuition during the COVID-19 pandemic.
Koerner’s suit alleged that certain fees were charged in breach of contract due to the emergency measures enacted during the pandemic, where students paid for services they did not receive while learning virtually and off-campus.
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At issue for Koerner, in terms of the alleged breach of contract, the university had highlighted its on-campus and in-person educational services before she enrolled as a student at the Macon-based private institution.
When the pandemic arrived in March 2020 and Gov. Brian Kemp declared a state of emergency, the university switched to online classes. Koerner’s lawsuit said that by doing so, the in-person advertisements were made false.
Additionally, “plaintiff paid approximately $37,508 in tuition for the year (approximately $18,754 for the spring semester), plus mandatory fees, including a $150 Facility and Technology fee,” the lawsuit says.
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When the university switched to online classes for the pandemic, Koerner claimed in court that she was denied access to facilities on campus but still paid the fee, “based on the assumption that it would provide in-person services and allow access to such facilities.”
Koerner sued because Mercer University did not refund students’ mandatory fees, despite being closed or ceasing in-person operations. Koerner also said in court filings that she did not receive a pro-rated refund of her tuition either.
While ruling on the case, the court said the plaintiff had failed to state a claim that Mercer breached any of its contractual obligations to its students. The court ruled that Koerner paid tuition and fees to Mercer University “in exchange for a Mercer University education.”
However, the breach of contract alleged by Koerner was based on “an implied provision of that contract to provide only in-person education and services,” which Mercer pushed back on in court, which the judge agreed with.
The circumstances of the pandemic made it, in the court’s ruling, so that the university could not have breached its contract when switching to remote learning, with the ruling saying that the contract between the university and students allowed for a change of procedure in cases of emergency, such as the COVID-19 pandemic.
As a result of the decision, the court ruled against Koerner and dismissed her case with prejudice, meaning she does not have an option to appeal the verdict. A secondary filing from the court’s decision stipulated that Koerner is responsible for Mercer’s legal fees.
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