A lawsuit to recover what three former Hawaii Community College students say is hundreds of thousands of dollars of wrongfully collected student fees is slated to be heard in May.
The plaintiffs, David Canning, Marieta Carino and Eric Aranug, all former HCC student government leaders, made headlines around the state in 2014 when they alleged the school had been charging students for services no longer available to them.
HCC and the University of Hawaii at Hilo historically shared services including a radio station, recreation facilities, a campus center and subscriptions to the student news magazine until January 2013, when the two schools’ student organizations parted ways.
As a result, plaintiffs say HCC students were without access to certain services and in some cases had to pay higher per-use fees on top of the student fees they had already paid. Meanwhile, HCC continued charging students the same fee rate — $67 per semester.
The complaint, filed in May 2015 in Hilo Circuit Court listing the University of Hawaii as the defendant, claims the school knew students were still being charged, but didn’t inform them. Plaintiffs say they requested financial documents several times but were repeatedly denied, refused a refund and “publicly chastised, ridiculed, and/or humiliated” with “false and misleading accusations,” and later terminated “in retaliation.”
Lawyers representing the university did not return requests for comment by deadline Friday.
In May 2014, shortly after allegations surfaced, UH had assigned an internal auditor to look into fee misuse allegations. HCC spokesman Thatcher Moats said in an email last week the audit was never done. It was ultimately “deemed unnecessary” because “university administration reviewed the collection and expenditures of the student fees and found no indication of any misallocation or fraud,” he said.
However, in fall 2014, HCC did lower its student fees — from $67 to $30 per semester for a full-time student, which Moats said in the email, is “more consistent with other University of Hawaii Community Colleges.” Fees are pro-rated on a per-credit basis for part-time students, he said.
Peter Hsieh, an attorney representing the former students, said this week he did not have a specific amount of what portion of the $67 fee was overcharged, but said they’d “have a clearer idea once we get documents and records from the university as to what the breakdown was.” The lawsuit also doesn’t specify what services students were without after the split.
More than $3 million in “fraudulently charged” fees were collected between 2007 and 2014 from more than 47,000 students, the complaint claims.
The former students are seeking damages and reimbursement of costs such as attorney fees, in amounts to be determined by the court. Hsieh said any reimbursed student fees would be returned directly to students who paid them.
“We’d have to identify them through information provided by the UH (such as) names and addresses,” he said.
UH denied most all allegations and filed a motion for judgment in January, which Hilo Circuit Judge Glenn Hara will hear on May 27.
Moats said HCC would not comment on the current litigation. The three students listed in the lawsuit also declined to comment.
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A current University of Hawaii at Hilo student is also questioning her school’s finances.
The student, junior Jennifer Ruggles, teamed up with Puna state Sen. Russell Ruderman after she said she was repeatedly stonewalled in her attempts to glean financial information regarding the school’s Campus Center.
Ruggles is also treasurer of a registered independent student organization — not affiliated with the school — called “The Student Union” (UHSU). On behalf of the group and Ruggles, Ruderman introduced a resolution last month which seeks a fiscal audit of the Campus Center, special financial reports and budgets over the past 10 years.
“Questions have arisen as to how student fees are used to pay for certain services related to the Campus Center, as well as the use of student fees to pay for the salaries of certain Campus Center employees,” it reads.
Ruggles said her requests, which included a decade’s worth of financial information, were not met entirely, and she’s not sure why. Specifically she’s missing Campus Center budget information for 11 months starting in July 2013.
Information she did receive didn’t raise alarms, Ruggles said, but the issue boils down to transparency. She said student fee increases in recent years have not correlated with the same increase in services.
“I’d just like to see how the fees are being spent,” she said. “Also, where that money went during these 11 months. That’s two semesters of student fees and that’s a lot of money.”
UH-Hilo spokesman Jerry Chang said in an email student fees are used for programming, operations and staff hiring under certain guidelines. He said UH-Hilo sent requested budget information to Ruggles on July 31.
“UH Hilo responded to requests made for information that met guidelines of the Office of Information Practices,” he said.
Ruderman said he’s not planning to move forward with the resolution contingent on a meeting slated for May between Ruggles and relevant parties.
Ruggles is also a candidate for County Council District 5 seat. In 2012, she said she worked for Ruderman’s campaign as his event coordinator.
Information shows fees in the 2005-06 school year totaled $69 for a full-time student. Next fall, fees are $225 for a five-credit or more student — a $15 increase from the year prior. Students pay a $25 media broadcasting fee — not included in 2005 — and a $78 Student Life Center fee. The Campus Center fee has increased from $6 in 2005 to $31 next fall. Student Activities fees have increased from $17 in 2005 to $27 currently, and students also pay a $27 Student Association fee. The Student Publication fee has increased from $18 to $30 next fall. The health fee has remained $7.
Email Kirsten Johnson at kjohnson@hawaiitribune-herald.com
Student fees at UH-Hilo and community colleges around the state:
(Information taken from each school’s website.)
Hawaii Community College
Student Activity Fee: $1.50/credit up to a max of 10 credits or $15
Student Government Fee: $1/credit up to a max of 10 credits or $10
Publications Fee: $5
Total: $30 max
University of Hawaii at Hilo (Fall 2016; 5 or more credits)
Student publications: $30
Student activities: $27
Student association: $27
Campus center: $31
Media broadcasting: $25
Student health: $7
Student life center: $78
Total: $225 max
Honolulu Community College
Activity Fee: $0.50/credit and up to a maximum of $5
Publication Fee: $5
Student Life Fee: $5
Total: $15 max
Kapiolani Community College
Publications fee: $10
Activities fee: Full-time students $20.00; part-time students $2.00 per credit up to $20.00
Total: $30 max
Kauai Community College (Fall/Spring terms)
Activity fee: $30
Bus pass: $24
Total: $54 max
Leeward Community College (spring 2016)
Student activity fee: $0.75/credit up to a max of 10 credits or $7.50
Student publication fee: $5 added to 1st credit
Student health center fee: $15 added to 1st credit
Total: $27.50 max
University of Hawaii Maui College
Student activity fee: $1 per credit, $7.50 maximum
Student government fee: $1 per credit, $7.50 maximum
Board of student publication fee: $4
Technology fee $3 per credit, $36 maximum
Health center fee: $8
Total: $63 max
Windward Community College (Fall 2016)
Student activity fee: $1 per credit ($10 max)
Board of publication fee: $1 per credit ($10 max)
Total: $20 max
