Badger v. CUNY Graduate Center

Background

Cornelius A. Badger, Jr., proceeding without a lawyer and without paying the filing fee, sued the CUNY Graduate Center. He alleged that CUNY employees canceled his approved and disbursed fall 2021 student loans after he withdrew from one course, reported his loan information to credit-reporting agencies, and barred him from using Graduate Center services. He sought restored access to Graduate Center resources and $100,000 in damages.

Badger registered for two Tuesday courses. One met in person as a hybrid course from 4:15 p.m. to 6:15 p.m.; the other was fully online from 6:30 p.m. to 8:30 p.m. He alleged that attending the first course made it physically impossible to attend the second from home and that coronavirus-related restrictions prevented him from using his laptop in public spaces. He withdrew from the 4:15 p.m. course two weeks after classes began.

Badger also moved for a preliminary injunction, asking the court to stop CUNY from removing his access to the Graduate Center and to require removal of derogatory credit-reporting entries. The court had directed him to file an amended complaint. The amended complaint invoked Section 3508 of the Coronavirus Aid, Relief, and Economic Security Act and several provisions of the Higher Education Opportunity Act.

Court’s Analysis

Because Badger was proceeding without paying the filing fee, the court was required to dismiss claims that were frivolous, malicious, failed to state a claim, or sought money from an immune defendant. The court also applied the requirement that a complaint contain enough factual matter to make entitlement to relief plausible.

The court rejected the claim under Section 3508 of the CARES Act. That section directs the Education Secretary to waive an institutional requirement to return certain grant or loan assistance when a recipient withdraws from the institution during an enrollment period because of a qualifying coronavirus-related emergency. The court found that Badger did not sufficiently allege that he withdrew because of such a circumstance. It also held that the provision applies to withdrawal from the institution, not withdrawal from a single course, and that the provision does not prohibit CUNY from returning loan assistance.

The court also rejected the Higher Education Opportunity Act claims. It stated that courts have repeatedly held that the Higher Education Act does not give student borrowers a private right to sue. The court further found that, even if such a right existed, Badger had not alleged facts explaining what CUNY did or failed to do that violated the cited provisions.

Disposition

The court dismissed Badger’s amended complaint for failure to state a claim. It treated the motion for a preliminary injunction as moot, directed the clerk to terminate the motion and amended complaint, and closed the case. The court certified that an appeal would not be taken in good faith and denied Badger the ability to proceed without paying the filing fee for an appeal. The opinion does not state that the dismissal was with or without prejudice.