Following changes to the physical education program (PE Program) at University of California Davis, FeganScott filed a proposed class action lawsuit on behalf of UC Davis students. The suit claims that the university continues to charge over $380 per student for fees associated with the PE Program, which no longer exists, thus contributing to the school’s athletic revenue with no benefit to students.

For years, UC Davis housed a unique PE Program that gave all students the opportunity to participate in a wide variety of PE courses taught by the school’s highly qualified collegiate coaches. When the school experienced budget cuts in 1994, it proposed a permanent student fee that would allow the university to maintain the PE courses, which the students approved under the condition that the school permanently offer the PE Program.

However, according to the complaint, UC Davis terminated the PE Program in 2020, while continuing to impose the student fee. The suit also notes that this fee is a significant source of revenue for UC Davis – students are the single largest group of contributors to the University’s intercollegiate athletics program, contributing over $10 million during the 2019-2020 school year.

The lawsuit seeks to reinstate the PE Program and reimburse UC Davis students for all academic quarters in which they paid the Student Activities and Services Maintenance Fees and the PE Program was not offered for academic credit, as well as compensatory damages, including reimbursement of improperly collected fees.

On October 5, 2021, the Court overruled Defendant’s demurrer and found Plaintiffs sufficiently alleged a claim for breach of an implied in fact contract relating to the University’s termination of the PE Program.

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