UC case creates questions about legality

Luke Otterstad | Staff Writer
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The abrupt 30 percent fee increase at California community colleges is an unethical, and potentially illegal, violation of student-college contracts.

It is also a reckless way for lawmakers to attempt to force college students to make up for the state’s massive money mismanagement.

There is hope for students, however, as this is not the first time decision makers in California’s higher education system have attempted to jack fees up to compensate for their inability to manage money.

In 2003, students in the University of California system sued for breach of contract when the school raised their fees without notice. In this case, known as the Kashmiri decision, the students won a $40 million class-action judgment over the hike in fees.

The case hinged on the fact that the UC system had failed to notify students adequately in advance of the possibility of a fee increase, and thereby violated the university’s implied contract with students who had paid for classes and expected educational services in return.

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So why do decision makers for the CCC system think it should be any different with the fees they charge students?

As was the case with UCs when they raised fees, City College bills include the disclaimer: “fees subject to change without notice.”

Thankfully, in the Kashmiri decision the court stated that “such a broad reading of the disclaimers would put students at the complete mercy of the University . . . [and] the University’s position is unconscionable.”

The CCC system did not follow a reasonable process by giving students adequate notice before the start of the semester that fees might be raised and that, in this case, additional billing would be required.

Should students sue over this increase in fees, lawmakers may find that their shortsightedness has damaged the state’s economy more than it’s helped. But if no one sues — and we all just pay the fees and move on — does that make it OK?

I don’t think so. Do you?