A Hingham lawyer has sued Wheaton College for charging students the standard tuition rate for less expensive independent study-abroad programs, a rare legal challenge to a longstanding practice in higher education.
The lawsuit, which several education specialists described as unprecedented, was filed as prosecutors in New York and Connecticut investigate financial relationships between colleges and providers of study-abroad programs for potential conflicts of interest. Such programs have surged in popularity in recent years.
In a suit filed Friday in Attleboro District Court, James P. Brady, the father of a recent Wheaton graduate, accused the small, private college in Norton of "deceptive and unfair" billing practices for charging full tuition, plus room and board, for a semester his daughter spent studying in South Africa in 2006.
The suit contends that because the program was completely separate from Wheaton, it should have been available at its listed price, about $4,400 less than the cost of Wheaton. A full year at Wheaton, without financial aid, costs almost $23,000.
"Wheaton provides no services whatever for that program," Brady said. "This is the crudest kind of commercial gouging."
Brady is seeking a declaratory judgment that would establish a precedent for students at Wheaton and other colleges. Many colleges require students to pay full tuition, even though overseas programs are usually less expensive.
Wheaton defended its policy as standard in higher education and said it clearly states guidelines in advance. Charging "home tuition" while providing financial aid gives less-affluent students a chance to attend college overseas, said Michael Graca, the college's assistant vice president of communications.
"This puts study-abroad programs within reach for many more of our students," he said.
Graca said the policy is also consistent with how Wheaton charges students in general. For instance, tuition does not vary depending on how many classes students take, and students who take classes at Brown University through a cross-registration program pay Wheaton rates.
Wheaton's Center for Global Education evaluates foreign programs to ensure they meet the institution's academic standards, and it has approved more than 50. The center also advises students and holds informational sessions on various programs.
Brady's daughter, Jennifer Bombasaro-Brady, spent last spring studying in Durban, South Africa, through the Brattleboro-based School for International Training. Brady said that he initially sought to resolve the dispute with Wheaton administrators, but that they demanded full payment. He waited until his daughter graduated late last month to file the suit.
The cost of the South African program included tuition, room and board, and round-trip air fare, he said. Representatives of the program could not be reached for comment.
Wheaton, like many other colleges, charges students only a $500 administrative fee for unaffiliated study-abroad programs, but regular tuition for programs it approves. Colleges and universities typically steer students toward sponsored programs with partner universities by guaranteeing they will receive full credit and be eligible for financial aid. At some schools, such as Boston University, students who want to attend unaffiliated programs must take a leave of absence and reapply.
College administrators say regular tuition charges are needed to properly evaluate and oversee study-abroad programs. Taking cost out of the equation also simplifies the search for study-abroad programs and allows students on financial aid to have the same opportunity. Two years ago, Brown University began charging its own tuition for overseas programs, while allowing students to apply their financial aid awards toward the cost.
Those who work in international education said that the suit, if successful, would have profound ramifications for the study-abroad industry.
"I'm not aware of a precedent," said Carl A. Herrin, a Maryland consultant on international education.
Herrin defended Wheaton's policy, which he described as standard.
"You enroll at a college to receive a diploma from that college," Herrin said. "Students who want a Wheaton transcript are agreeing to pay Wheaton prices."
Brian J. Whalen, president of the Forum on Education Abroad at Dickinson College, said policies for administering study-abroad programs vary among colleges. Some charge only the cost of the program, while others charge home tuition, but not room and board. Most charge added fees to defray oversight costs.
Study abroad has come to be seen "as a more legitimate academic experience, and that's directly related to faculty getting involved and judging educational quality," Whalen said.
The forum is working on new guidelines for study-abroad programs that emphasize cost transparency, he said.
Last year, the number of US students studying abroad rose by 8.5 percent to 223,534, according to the Institute of International Education. In the past decade, the number has more than doubled.
Relationships between colleges and overseas program providers have drawn scrutiny. Last month, the New York attorney general's office sent subpoenas to 15 institutions, including Brandeis, Brown, and Harvard, requesting data about how colleges administer the programs and whether they get financial incentives.
The probe, launched last year, follows a similar probe by the New York attorney general's office into ties between colleges and student loan companies, which found that many lenders provided perks to colleges in exchange for steering students their way.
