The University of St. Augustine could be on the hook to pay more than $2.7 million in damages to six former students who were involved in a now-defunct program that the students said the for-profit school misrepresented in order to get them to enroll.
In each individual case, court documents show, the jury found that the University of St. Augustine for Health Sciences LLC made negligent misrepresentations about the Master of Orthopedic Physician Assistant Program, a program with a tuition price tag of more than $70,000.
“It was definitely a David vs. Goliath situation,” said Kevin Jakab, founder and managing attorney at Jakab Law in Jacksonville who represented the students.
Launched in May 2011 on the school’s St. Augustine campus, the program was packaged as a two-year graduate program consisting of instructional and clinical study. Months before the program’s inaugural class graduated, USA informed students and faculty that the program’s name would be changing to Master of Orthopedic Assistant as the “orthopedic physician assistant” profession was not licensable in the state of Florida.
Students questioned whether their investment of nearly two years and more than $100,000 in tuition, fees and living expenses would be worth a degree granting them no more freedom to work in medicine in Florida than what’s allowed with a high school diploma. A civil lawsuit followed in 2013.
The jury found the university did not conceal any material facts concerning the program, according to court documents, but recommended the university reimburse the plaintiffs the cost of the program, compensate them for past lost and future wages along with compensation for mental anguish. Six plaintiffs — Michelle Hemingway, Holly Wheeler, Christina Mollica, Lauren Hofius, Elihu Watts and Dustin Janzen — were part of the civil lawsuit.
The jury reached its verdict on Nov. 21, Jakab said.
“We are disappointed that the situation escalated to trial,” university spokesperson Joe Cockrell wrote in a statement to The Record. “Although the jury granted financial reimbursement to these former students, the jury also decided that the plaintiffs did not prove their allegations of fraud against the University. The program involved in this case has not been offered for several years. We are grateful to have this behind us.”
Hemingway’s was the only case in which the jury found clear and convincing evidence that punitive damages were warranted, but Judge Michael J. Traynor ruled that punitive damages were not warranted and issued a directed verdict, Jakab said.
Jakab said he hopes to get a final judgement in the case from Traynor, who is scheduled to retire in December, or a replacement judge as soon as possible.
A similar case involving two more former St. Augustine University students is pending and could go to trial early next year, Jakab said.