BERKELEY “”mdash; A judge has blocked the University of
California from raising fees this fall for some law, medical and
other professional school students following a lawsuit claiming the
hikes are unfair.
San Francisco Superior Court Judge James L. Warren issued the
preliminary injunction Aug. 12, saying it appears students who sued
UC over the fee hikes have “˜”˜demonstrated a substantial
likelihood of success on the merits of their claims.”
The UC, which maintains it must raise fees due to cuts in state
funding, planned to appeal, but the ruling was being hailed by
students and their lawyers as a significant step.
“˜”˜This ruling takes a load off my
shoulders,” said Anupama Menon, a UC Berkeley law
student and one of the plaintiffs in the lawsuit.
The preliminary injunction grew out of a lawsuit filed a year
ago by eight graduate students from four UC campuses, including
UCLA and UC Berkeley. The students argued that fee increases during
the spring and summer semesters of 2003 were a breach of contract.
The students said they were told when they enrolled that their
professional degree fee would stay the same during their three-year
term of enrollment.
But fees were raised in the spring and summer of 2003 and again
this year. The university raised student fees by 25 percent in 2003
and by 20 percent more effective this summer, bringing the
mandatory system-wide fee to $6,269.
“˜”˜They promised these students when they entered
their respective degree programs that they would not increase this
fee, and, then, in violation of that promise, they went ahead and
did it, putting these students in a very difficult
position,” said Danielle Leonard, one of the attorneys
representing the students.
UC officials say their policy made it clear fees could be
changed, if necessary. They say hikes became a necessity when state
funding was cut back sharply due to California’s budget
crisis.
“˜”˜We understand the students’ concern about
fee increases, but (the fee increases) are a product of
the difficult times facing the state,” said UC
spokesman Hanan Eisenman.
The judge’s order affects about 3,000 students who
enrolled prior to 2003 in professional schools, which include law,
medicine, dentistry, business, veterinary medicine, pharmacy,
optometry and theater/film/television. The judge didn’t roll
back the 2003 fee increases; that issue is to be decided when the
students’ lawsuit is heard later this year.
But it does mean some students do not have to pay the fall
increases, which averaged about 30 percent. For instance, fees went
up $4,500 for business, taking annual costs to about $21,000 a
year, including mandatory system-wide fees.
Eisenman said UC is sending out adjusted billing statements to
students, although it wasn’t clear what happens in cases
where students already have paid the higher costs. He said the
order could cost the university $15 million in lost revenue.
The victory for students comes after some setbacks incurred
throughout the past years. But in February, a judge authorized the
lawsuit, overruling the university’s past objections.