My community college in Illinois will be requiring proof of WEEKLY Covid testing to engage in campus activities.

This change is being made mid-semester, after all refund dates have passed. Are there any ways to challenge these actions or demand a full refund based on the change in circumstances?

I'm feeling pretty slighted. I'm not prepared to pay for weekly testing, and I have my reasons for not taking the available vaccines. It may be a community college, but these classes cost money. I'm not happy about throwing away my tuition because of this.

  • 5
    In many areas testing is free as long as you don't need a fast result. Is that not available in your area? Possible even on campus? Sep 14, 2021 at 22:50
  • And if it is not, a request that the college cover the cost of testing might be more acceptable than a request for a full refund. Sep 16, 2021 at 16:49
  • 2
    @Iñaki Viggers true, but cost is the reason specified in the question: "I'm not prepared to pay for weekly testing, and I have my reasons for not taking the available vaccines." No other reasons for objecting to testing are mentioned. Sep 16, 2021 at 17:04
  • 2
    @Iñaki Viggers That suggests other reasons for not getting the vaccine, but carries no implications about other reasons to avoid tests, leaving responses on how to avoid cost reasonable, albeit not final. OP did not mention or hint at such other reasons, and has not edited to mention them, at least not yet, even though the comment by manassehkatz about free tests was a day ago. Sep 16, 2021 at 18:09
  • 2
    If your reason for not getting the vaccine is based on your documented medical condition perhaps the school would look favorably to making an exception and refund your tuition. Sep 16, 2021 at 19:09

1 Answer 1


Are there any ways to challenge these actions or demand a full refund based on the change in circumstances?

You need to ascertain from the community college the procedure for refunds, grievances, and appeals (not sure why a comment in this direction was removed or withdrawn). This information very likely is outlined in the school's catalog and akin sources. See Raethz v. Aurora university, 805 N.E.2d 696, 699 (2004) ("a college or university and its students have a contractual relationship, and the terms of the contract are generally set forth in the school's catalogs and bulletins", citations omitted). Although the college's belatedness of the new requirement contravenes the binding terms, your non-compliance with the procedural rules could prevent you from escalating your claims to [small claims] court.

From the standpoint of substantive law, you will need to advance the argument that you are entitled to void the contract (that is, pursuant to campus activities) on grounds that (1) you reject the college's belated alterations of the terms & conditions, and (2) the college concealed from you information that is material enough for you to decide whether to enroll in the course(s). Voiding or rescinding the contract implies your entitlement to the corresponding refund.

Since the Covid project/mess ensued long before the start of the current academic period, the college's cannot reasonably allege that its belated requirement is due to "unexpected" circumstances. The college's duty to timely and properly disclose said requirement is germane to chapter 23 of the Illinois Administrative Code 1030.60(7) in that requiring the student to take Covid tests is "likely to affect the decision of the student to enroll".

The college knew or should have known that a significant portion of the population is skeptic about the "pandemic". The college's deliberate pre-enrollment omission that it will require Covid tests for campus activities suggests that it knew such requirement might be "material to prospective students' decisions about whether to enroll". See Abazari v. Rosalind Franklin Univ. of Med., 40 N.E.3d 264, 276 (2015). That omission by the college constitutes a material misrepresentation on which you reasonably relied. Accordingly, the contract is voidable by you. See Restatement (Second) of Contracts at § 164(1).

If you end up filing a grievance and subsequent proceedings, be sure you read the Abazari opinion. Regardless of whether the court's portrayal of the plaintiff's arguments is truthful or distorted, the opinion showcases various mistakes a litigant is prone to make in the pleadings and subsequent arguments.

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    Sep 16, 2021 at 16:46

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