Judge strikes down UW’s energy fee

By Jennifer Langston

Herald Writer

University of Washington students could get a refund now that a judge has ruled that improper energy fees were tacked onto their bills this quarter.

If the university doesn’t challenge the decision, a student taking an average class load at the Seattle campus could be entitled to a refund of about $45.

Students who filed the suit say it wasn’t just about the money, which would hardly cover the cost of an average biology textbook.

They believe the ruling, handed down Friday, should keep the UW from skirting limits on tuition increases in the future by piling on new fees for library access, gym time or smaller classes.

"We knew they were testing the waters," said Jasmin Weaver, a former student body president who filed the suit. "I really feel they chose the energy fee first because it was the most sympathetic."

Schools and universities around the state were hit with whopping electricity and energy bills this year that left many scrambling to cover the unexpected costs.

The UW began charging a special fee this quarter — $3 per credit at the Seattle campus and $1 at the Bothell campus — to cover its higher energy costs.

For the next academic year, the fees were expected to cover an estimated $4.5 million increase in its gas and electricity bills, said Gary Quarfoth, director of budgeting and planning for the UW.

But Judge Robert Alsdorf ruled Friday in King County Superior Court that those energy costs should be covered by state funding and tuition fees.

The Legislature sets limits on tuition increases each year. The energy fee that would have cost some students about $135 a year violated that cap, plaintiffs argued.

"The UW tried to say this isn’t a tuition increase … but unfortunately that didn’t fly with the judge," said Jim Johanson, an Edmonds lawyer who represented Weaver. "If it looks like a tuition increase … feels like one, walks like one, talks like one, it is."

Quarfoth said the university would discuss with its Board of Regents next week whether to appeal or accept the decision.

Paul Triesch, assistant attorney general who represented the UW, said the judge didn’t spell out what should be done with fees already collected from students. But the UW could be instructed to return $1.5 million.

Weaver, who is majoring in philosophy, political science and environmental planning, said the suit grew out of a longstanding struggle between the student body and the administration over tuition costs.

She said the energy fee idea surfaced last spring after the university didn’t get the 10 percent hike it had requested. Students were relieved when the Legislature approved a smaller 6.7 percent tuition increase.

"We were really frustrated that the UW tried to go around it," she said. "If they could do this energy fee, they could do any fee and we would no longer have any affordable access to higher education."

You can call Herald Writer Jennifer Langston at 425-339-3452 or send e-mail to langston@heraldnet.com.

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