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Wheaton will face suit over foreign study
Top Headlines James P. Brady, an attorney in Hingham, argues that it is "deceptive and unfair" for Wheaton to make its students pay the full per-semester cost of attending the college, which totals $22,762 this year, even when students attend study abroad programs that are run by outside organizations and significantly less expensive. "It's blackmailing," Brady told The Sun Chronicle, because "they insist that a student must go through Wheaton and their billing process, otherwise they won't give you credit." Brady said he has already heard from other parents - "all supportive, all irate" - who want to know more about the suit and may become plaintiffs in it. Brady said, "It's undisputed that Wheaton doesn't provide any services at all to students on overseas studies, like my daughter. And yet, despite not providing those services, they extract this fee - a hidden fee, because they don't inform Wheaton parents and students they are pocketing it." Wheaton spokesman Michael Graca said Brady is mistaken, pointing out that the college runs a Center for Global Education that provides a variety of services to students who go abroad. The center helps students to "make the most of their experience," Graca said. "It's also consistent with our tuition policies over all," Graca said, because Wheaton charges all of its students the same amount regardless of how many classes, or which ones, they take. He also noted that students who get financial aid from Wheaton are allowed to use their scholarship money to help pay for the study abroad program. The lawsuit against Wheaton, which was filed Friday in Attleboro District Court, makes its case by pointing to Brady's daughter, who spent a semester studying in South Africa in a program run by the School for International Training (SIT). Although the program lists its total cost as $18,411, Wheaton charges its students $22,762 to participate in it, and keeps the extra $4,351. Brady is asking the court to declare it illegal for Wheaton to keep the extra money under the state's consumer protection law, contending that the college is in a position to dictate how much a student will pay and the student is not in a position to fight back. "It constitutes unfair use of (Wheaton's) bargaining power against students and parents," said Brady, a Harvard Law School graduate who has represented employees against their employers in a number high-profile whistleblower lawsuits. Graca, Wheaton's spokesman, said the college discloses its practices fully. "Wheaton's policy on charging for study abroad is very clearly stated on our Web site and all our program materials," he said. Graca declined to comment on some specifics of Brady's suit. Graca also confirmed that Wheaton is being represented by the Boston office of Holland & Knight. Wheaton now has 20 days to respond to the suit. If a judge agrees with Brady and finds Wheaton's billing practices illegal, it could have an impact on other colleges and universities, where study abroad programs are growing in popularity and where experts say Wheaton's billing practice is common. A ruling against Wheaton would also allow any of its students and graduates who studied abroad over the last six years to demand that the school repay the difference. The cost of that could come to hundreds of thousands of dollars. The relationship between colleges and outside study abroad programs is coming under new scrutiny in the wake of investigations showing that colleges have had inappropriate relationships with student loan companies, steering students to certain lenders in return for perks. The attorneys general of New York and Connecticut are both investigating colleges' study abroad charges. Brady said the office of New York Attorney General Andrew Cuomo is "very interested" in the suit against Wheaton. Brady said he will ask the college for internal documents about its billing and financial practices, which would become public documents if the college is forced to provide them. Despite the lawsuit, Brady stressed that he "really regretted having to do this," because Wheaton's "educational experience is just superb." He called the college's faculty "uncommonly good." But he strongly criticized Wheaton's administration. "They operate just like Exxon," he said. "There is a degree of arrogance and disdain for students there that is really shocking, when you consider it alongside the quality of relationships the faculty have with the students." TED NESI can be reached at tnesi@thesunchronicle.com or 508-236-0434.
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