The Auburn Plainsman A SPIRIT THAT IS NOT AFRAID www.theplainsman.com
Thursday, January 27, 2011
Vol. 117, Issue 16, 24 Pages
Meal plan lawsuit dismissed Derek Lacey CAMPUS EDITOR
The class-action lawsuit against Auburn University and Chartwell’s/Compass USA, the company that operates on-campus dining for the University, was dismissed by Jefferson County Circuit Court Judge Robert Vance Dec. 29. On Aug. 11, 2010, the lawsuit was filed against Auburn University and the University of Alabama, as well as the respective companies that manage dining on each campus: Aramark at UA and Sodexo at UAB. Former students filed the lawsuit, claiming that the required fees violated state law, specifically Code of Alabama section 6–5– 60 which states, “Any person, firm or corporation injured or damaged by an unlawful trust, combine or monopoly, or its effect, direct or indirect, may, in each instance of such injury or damage, recover the sum of $500 and all actual damages.” The students allege that the University’s agreement with Chartwell’s is also a violation of the Alabama constitution’s antitrust legislation, since the money can only be
spent at on-campus dining locations. “It would be absolutely unfair if you’re trying to have a little private business for the state to use its authority, power and immunity to go into competition with you, and that’s what we’ve said they’ve done here,” said Daniel Evans of the Evans Law Firm, P.C., in Birmingham, one of the lawyers representing the students. Vance ruled the dining plans legal under the board of trustee’s authority as a legitimate effort to improve the quality of living on campus. “The things (Vance) did not say are important,” Evans said. “He did not say we misrepresented anything that happened, he didn’t say that what we said was anything other than the truth—what he said was it didn’t matter.” Vance ruled the University holds sovereign immunity in this case.
BY THE NUMBERS
According to Auburn’s dining website, the meal plan is required because “a structured housing and dining program that provides convenience and variety allows students to focus on their studies and adjust to college life more easily, as well as provides social support systems.” The current dining plan, which began with the freshman class in August 2008, is a mandatory $995 per semester for on-campus residents and $300 each semester for off-campus students. A student living on campus all four years will end up paying $7,960 total, and off-campus residents will pay $2,400 in dining plan requirements. “Auburn has one of the lowest priced
$955
$300
$7,960
$2,400
per semester for on-campus residents
CURRENT MEAL PLAN
campus dining programs among all of our peers, and that was intentional,” said Deedie Dowdle, executive director of communications and marketing. The cost is not intended to cover every meal a student eats all year, according to the website, but leaves room for skipped meals, off-campus dining and weekends out of town. Lee Armstrong, general counsel for Auburn University, said his office does not comment on pending litigation. “While the court did grant our motion to dismiss, which we obviously think was proper, plaintiffs have indicated they intend to appeal and therefore the matter is still pending,” Armstrong said.
per semester for off-campus residents
total four years for on-campus residents
total four years for off-campus residents
Senate passes grading system Liz Conn ASSOCIATE CAMPUS EDITOR
PLAINSMAN ARCHIVES
Auburn Police direct traffic in front of Arby’s Nov. 6, 2009, as the Toyota 4-Runner that struck Shou Ju Chen is towed.
$2.5 million pedestrian safety lawsuit settled out of court Alison McFerrin ASSOCIATE NEWS EDITOR
Walton Law Firm just closed what Trip Walton called “the biggest case in the history of Lee County,” resulting in $2.5 million for his client. Shou Ju Chen, 35, was a visiting professor from China who was struck while walking in a cross walk on Magnolia Avenue between Thomas Street and Cox Street, Nov. 6, 2009. The driver of the car was arrested at the scene of the accident for driving under the influence of alcohol. Chen’s husband filed a INSIDE
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civil lawsuit quickly after the accident. “She was in a coma, and it was thought 50/50 whether she was going to live or die,” said Trip Walton, of Walton Law Firm, P.C., who handled her case. In a normal civil suit, Walton said the procedure for making a claim usually begins once the injured person’s medical treatments are finished and injuries are mostly healed, but because of the severity of Chen’s injuries, they decided not to wait. “We had to have interpreters through the whole |
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thing,” Walton said. “A typical five-minute conversation would take three hours.” Boxes full of files, forms, and photographs and every sort of applicable documentation were used to prove the seriousness of the case. While the case didn’t go to trial, Walton said that is typical for the clients he represents. “Most cases are settled with the insurance companies,” Walton said. “Even when you file suit, you still wind up settling.” About five months after being hit by the Toyota 4-Runner, Chen’s civil case
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closed in April 2010 with a settlement of $2.5 million. “Most people don’t have that kind of coverage,” Walton said. “This kid, out of Mobile, his parents just happened to have $500,000 on the car and then a $2 million umbrella.” Her medical expenses were more than $500,000, Walton said. Walton said it was after this incident that more lights and signs were installed on Magnolia Avenue. “If you walk out in front of a street and you’re not in the crosswalk, you’re fair game, » See PEDESTRIAN, A2 |
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At its Jan. 18 meeting, the Auburn University Senate voted to pass two new academic policies. The Senate passed a new grading scheme for classes that are graded as satisfactory or unsatisfactory. The proposal started in the College of Architecture, Design and Construction, said Jocelyn Zanzot, assistant professor of architecture and senator for the College. Zanzot said the College holds a summer program in which students’ work is evaluated and, under the current system, graded as satisfactory or unsatisfactory. The students with satisfactory work are admitted into the architecture program. “It isn’t that the students that aren’t accepted did unsatisfactory work in all cases,” Zanzot said. “In many cases they did very great work. We only have, however, a (limited)
number of spots.” The new system will have three tiers of grades: unsatisfactory, satisfactory not for advancement and satisfactory for advancement. A mark of unsatisfactory on a transcript has damaged some students’ chances of admission to graduate school, according to Claire Crutchley, associate professor of finance and chair of the Senate. “Sometimes students would apply to law school, and the law school would see that unsatisfactory and factor it in as a zero in their grade point average,” she said. Zanzot said the new grading system should help reduce the problems caused by the original system. “The ones that did great work, but just didn’t make it in, were being unfairly penalized, and we want to make sure that they can continue on in any » See SENATE, A2
UNIVERSITY SENATE QUICK HITS ■ New grading scheme for classes graded as satisfactory or unsatisfactory ■ Modification to the retroactive withdrawal and resignation policy
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Recycled paper