Sinanovic v. Wagner Coll.

• Decision Date: 30 September 2022
• Docket Number: 20-cv-5181 (LDH)
• Parties: SABRINA SINANOVIC, individually and on behalf of all others similarly situated, Plaintiff, v. WAGNER COLLEGE, Defendant.
• Court: U.S. District Court — Eastern District of New York

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SABRINA SINANOVIC, individually and on behalf of all others similarly situated, Plaintiff, v. WAGNER COLLEGE, Defendant.

No. 20-cv-5181 (LDH)

United States District Court, E.D. New York

September 30, 2022

MEMORANDUM AND ORDER

LASHANN DEARCY HALL, United States District Judge:

Sabrina Sinanovic (“Plaintiff”), on behalf of herself and on behalf of all others similarly situated, brings the instant action against Wagner College (“Defendant” or “Wagner”), seeking relief for: (1) breach of contract, (2) unjust enrichment (3) conversion, and (4) money had and received. Defendant moves pursuant to Rule 12(c) of the Federal Rules of Civil Procedure for judgment on the pleadings.

BACKGROUND^[1]

Defendant is a private liberal arts college in New York City with more than 2,000 students enrolled. (Compl. ¶ 2, ECF No. 1; Answer ¶ 2, ECF No. 8.) Various publications by Defendant include statements regarding the college's offerings^[2]:

• Wagner's Spring Semester 2020 Course Schedules^[3](“Course Schedules”): The Course Schedules provide Plaintiff with information regarding “the courses offered, the instructor, the days and times during which the courses [are] held, and the location (including the building and room number)[.]” (Compl. ¶¶ 4-5.) Students view the Course Schedules to make specific course selections before registering and paying the college tuition. (Id. ¶ 4.) The Course Schedule allow students to filter courses to see those that were offered online. (Id. ¶ 6).

• The Wagner College Undergraduate and Graduate Bulletin (“Bulletin”): The Bulletin outlined the policies procedures, and expectations of Wagner students, including information on the importance of class participation and attendance. (Id. ¶ 7.) For example, the Bulletin notes “CLASS ATTENDANCE [:] Complete participation is expected in all classes and activities for which a student has registered[.]” (Id.) Further, the Bulletin includes what is called “The Wagner Plan.” (Answer, Ex. A, ECF No. 8-1 at 9 (“Bulletin”).) The Wagner Plan states that Defendant brings students “into conversations with each other as well as with the larger intellectual and cultural communities” of New York and that these conversations are enabled “by close interaction among faculty, students, and staff on the College's idyllic residential campus[.]” (Id. at 10.) The Bulletin further includes descriptions of the buildings students may use on campus. (Id. at 29-31.)

• Student Handbooks: Various student handbooks include representations “regarding in-person education and the importance of in-person class attendance.” (Compl. ¶ 57.) For example, the Nursing Student Handbook states “[i]t is important for students to attend all classes.... [a]ttendance will be taken . . . [s]tudents who are absent from class more than two . . . times will have their course grade decreased by one letter grade (e.g. A to B),” (Id. ¶ 7); and, the Physician Assistant Program Student Handbook noted “[a]ttendance is mandatory for all program lectures, lab sessions (cadaver lab, patient assessment lab, SIM lab...) clinical experiences and other program activities[.]” (Id.) The Physician Assistant handbook further states that the college offers “intensive, supervised, hands-on learning experiences[.]” (See, e.g., Answer, Ex. C, ECF No. 8-3 at 49 (“PA Handbook”).)

• The Wagner Faculty Handbook (“Faculty Handbook”): The Faculty Handbook provides the policies and procedures for college faculty. (Compl. ¶ 9.) Of note, the Faculty Handbook instructs that “[o]ffice hours for the full-time faculty shall be not less than six (6) hours per week [and]. . . Part-time members of the instructional staff shall maintain two (2) office hours per week.” (Id.)

• The Tuition Rates & Fees Page (“Student Activity Fee”): The college's website lists its tuition and fees and the purpose of those fees. (Id. ¶ 8.) For example. the Student Activity Fee is to be used by Defendant to “fund[] different types of activities, programs, and events[,]” including concerts. (Id.) “Other student activities and events funded by the [Student Activity] fee include discounted Broadway play tickets, poetry slams, comedians, other performers and speakers.” (Id.). Further, the same page states that, as of the 2016-17 academic year, the university implemented a three-year “residency requirement” to help students “learn to live in a community of their peers.” See Tuition Rates & Fees, Wagner Coll., https://wagner.edu/business-office/tuitionrates/. The page states that students may request waivers of the residence requirement and that the residency requirement applies only to “residential students” and not “commuters[.]” (Id.)

Defendant's Spring 2020 semester began on or about January 21, 2020. (Compl. ¶ 29;

Answer ¶ 29.) On March 10, 2020, and, in response to the COVID-19 pandemic, Defendant announced it would be cancelling all classes for the remainder of the week, through March 13, 2020. (Compl. ¶ 13; Answer ¶ 13.) On March 16, 2020, Defendant announced that it would be suspending all in-person classes and commence online-only courses beginning March 23, 2020. (Compl. ¶ 11; Answer ¶ 11.) The next day, on March 17, 2020, Defendant announced the immediate closure of its on-campus residence halls [or dormitory halls] and closed its physical campus the same week. (Compl. ¶ 12; Answer ¶ 12.) Defendant offered only online classes through the end of the Spring 2020 semester, which ended on May 1, 2020, with final exams concluding on May 12, 2020. (Compl. ¶¶ 13, 29; Answer ¶¶ 13, 29.)

Plaintiff was an undergraduate student at Wagner during the Spring 2020 semester and graduated with a bachelor's degree in nursing that same semester. (Compl. ¶ 19; Answer ¶ 19.) Plaintiff paid Defendant approximately $11,316.75 for her enrollment in the Spring 2020 semester, which included $490 in student fees, $150 in a graduation application fee, and $210 nursing lab fees, for a total of $850 in fees. (Compl. ¶ 19; Answer ¶ 19.)

STANDARD OF REVIEW

A motion for judgment on the pleadings pursuant to Federal Rule of Civil Procedure 12(c) is reviewed under the same standard as a motion to dismiss under Rule 12(b)(6). See Bank of New York v. First Millennium, 607 F.3d 905, 922 (2d Cir. 2010) (citing Sheppard v. Beerman, 18 F.3d 147, 150 (2d Cir. 1994)) (“The same standard applicable to Fed.R.Civ.P. 12(b)(6) motions to dismiss applies to Fed.R.Civ.P. 12(c) motions for judgment on the pleadings.”). As such, to survive a motion for judgment on the pleadings, a “complaint must contain sufficient factual matter, accepted as true, to ‘state a claim for relief that is plausible on its face.'” Ashcroft v. Iqbal, 556 U.S. 662, 678, 129 S.Ct. 1937, 173 L.Ed.2d 868 (2009) (quoting Bell Atl. v. Twombly, 550 U.S. 544, 570, 127 S.Ct. 1955, 167 L.Ed.2d 929 (2007)). “A claim has facial plausibility when the plaintiff pleads factual content that allows the court to draw the reasonable inference that the defendant is liable for the misconduct alleged.” Id. (citing Twombly, 550 U.S. at 556, 127 S.Ct. 1955). As with a motion to dismiss under Rule 12(b)(6), a motion for judgment on the pleadings pursuant to Rule 12(c) “must be decided solely on the pleadings before the court, in addition to any materials implicitly or explicitly incorporated by reference into those pleadings.” U.S. v. Certain Real Property and Premises Known as 44 Autumn Ave., Brooklyn, N.Y., 156 F.R.D. 26, 30 (E.D.N.Y. 1994).

DISCUSSION

I. BREACH OF CONTRACT

Under New York law, it is well established that the relationship between a college and its students is “contractual in nature.” Prusack v. State, 117 A.D.2d 729, 730 (2d Dep't 1986). More specifically, “if the student complies with the terms prescribed by the university and completes the required courses, the university must award [her] a degree.” Papelino v. Albany Coll. of Pharmacy of Union Univ., 633 F.3d 81, 93 (2d Cir. 2011). “The rights and obligations of the parties as contained in the university's bulletins, circulars and regulations made available to the student[ ] become a part of this contract.” Vought v. Teachers Coll., Columbia Univ., 127 A.D.2d 654, 655 (2d Dep't 1987). As with any contract, the interpretation of these materials is a matter of law for the Court. See, e.g., Alexander & Alexander Servs., Inc. v. These Certain Underwriters at Lloyd's, London, England, 136 F.3d 82, 86 (2d Cir. 1998) (interpretation of a contract is a matter of law).

That said, “[t]he application of contract principles to the student-university relationship does not provide judicial recourse for every disgruntled student.” Gally v. Columbia Univ., 22 F.Supp.2d 199, 207 (S.D.N.Y. 1998). To bring a breach of contract claim against an institution, “a student must identify specifically designated and discrete promises” that were allegedly breached. Zagoria v. New York Univ., No. 20 Civ. 3610, 2021 WL 1026511, at *4 (S.D.N.Y. Mar. 17, 2021); see also Hassan v. Fordham Univ., No. 20-CV-3265, 2021 WL 293255, at *4 (S.D.N.Y. Jan. 28, 2021) (“In keeping with the restrained approach that courts take with respect to disputes involving educational institutions, a cause of action for breach of contract . . . requires a contract which provides for certain specified services.” (internal quotations omitted)). “In other words, [g]eneral policy statements and broad and unspecified procedures and guidelines will not suffice.” Ford v. Rensselaer Polytechnic Inst., 507 F.Supp.3d 406, 413 (N.D.N.Y. Dec. 16, 2020).

Here Plaintiff alleges she entered a contract with Defendant pursuant to which she provided payment in the form of tuition and fees and Defendant, in exchange, was to provide inperson educational services, experiences, opportunities, and other related services. (Compl. ¶ 3.) Thus, as Plaintiff...