For almost 25 years, the nation’s most prestigious universities enjoyed exemption from federal antitrust laws as they shared formulas to evaluate prospective students’ financial needs. This exemption, however, mandated that these universities’ admissions processes remain “need-blind,” preventing them from considering a student’s financial ability. Nevertheless, a recent court filing has uncovered that five universities—Brown, Columbia, Duke, Emory, and Yale—have collectively agreed to pay $104.5 million to settle a lawsuit accusing them of factoring in financial abilities when making admissions decisions.
The Allegations and SettlementsWhile these universities have not admitted wrongdoing and have refuted claims that their practices negatively impacted students, the settlements raise concerns about the schools’ commitment to lowering tuition despite their extensive financial aid programs. This development came after the University of Chicago agreed to pay $13.5 million to resolve its involvement in the case. Meanwhile, other institutions like Cornell, Georgetown, Johns Hopkins, M.I.T., and the University of Pennsylvania are still entangled in the litigation. The lawsuit targeted 17 schools that were members of the 568 Presidents Group, a group named after the legal provision granting them antitrust immunity. The case contended that these universities did not comply with the need-blind admissions mandate, particularly when considering wait-listed applicants, thereby violating their antitrust exemption. It was asserted that this led to overcharging approximately 200,000 students over two decades, inflating the net price of attendance artificially. The expiration of the antitrust shield in 2022 led to the dissolution of the 568 Group, further complicating the universities’ legal stance.
Legal Implications and Financial RepercussionsThe University of Chicago’s settlement, despite its denial of the suit’s merit, involved the sharing of records that could potentially aid in litigating against the remaining universities. Similar to Vanderbilt University, which plans to settle despite denying fault, a few other institutions are making strategic decisions to limit their financial exposure and mitigate potential damaging revelations.
The planned settlements offer advantages for the plaintiffs, streamlining a complex case and providing financial relief for students and their legal representatives. Emory and Yale are expected to pay $18.5 million each, while Brown is settling for $19.5 million. On the other hand, Columbia and Duke have each agreed to pay $24 million, with Rice University also announcing its agreement to pay nearly $34 million. The move to secure these settlements individually over time is aimed at exerting pressure on non-settling defendants to reach agreements imminently.
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