A lower court dismissed the suits, but the plaintiffs appealed.
Officials at AU “are reviewing the ruling and will continue to defend our position,” said Sandra Rodriguez, a spokeswoman for the campus in Northwest Washington.
Crystal Nosal, a spokeswoman for GWU, said the university is disappointed by the court’s decision but will defend the case.
“The university’s top priority is the health and safety of our community. GW heeded the recommendations of public health experts and complied with District of Columbia orders by moving to remote instruction in the Spring 2020 semester in the face of the pandemic,” Nosal said in a statement. “We are thankful to our faculty, who worked hard to provide our students with a quality academic experience by distance, and to our staff for providing mechanisms for students to meaningfully engage with each other.”
Daniel Kurowski, an attorney for the families suing GWU, said the ruling “confirms our position that the bargain between universities, students and their families in exchange for tens of thousands of tuition and fee charges each semester is more than just a bargain for credits and nothing more.”
Roy T. Willey, who represents the AU students, did not immediately return a request for comment.
A judge had previously dismissed claims in both cases that the universities violated “express” contractual agreements when they transitioned to online learning without issuing tuition refunds.
The appellate panel, however, said it is possible the schools breached “implied-in-fact contracts” — an unwritten obligation to provide face-to-face education.
“Plaintiffs’ factual allegations, combined with the reasonable inferences drawn from them, suffice to support their claims that the Universities promised to provide in-person instruction in exchange for Plaintiffs’ tuition payments,” according to the circuit court.
The court also noted “the Universities will likely have compelling arguments to offer that the pandemic and resulting government shutdown orders discharged their duties to perform these alleged promises.”
When the lawsuits were filed in 2020, a semester at GWU cost between $25,875 and $29,275, depending on the year the student entered. Tuition for full-time undergraduates at AU was $24,259 during the 2020-21 school year.
The court also revived the plaintiffs’ “unjust enrichment” claims and allowed those suing AU to move forward with a D.C. Consumer Protection Procedures Act claim.
Both campuses have since reopened and are offering classes and other activities in person.
Universities nationwide, including Georgetown, Pennsylvania State and Harvard universities, have faced similar lawsuits since the beginning of the pandemic. Campuses have used federal relief money to offer students emergency grants, or used their own budgets to discount tuition and waive some fees.
Still, some students and families say they feel cheated after being charged close to full price for a service they did not sign up for. Mark Shaffer, the GWU parent who sued in 2020, alleged in the lawsuit that his daughter’s classes were not as rigorous after the campus moved online because of the virus.
Shaffer also claimed the closures robbed students of valuable on-campus experiences such as living in dorms and conducting research in labs.
