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VOLUME 139, ISSUE 5 | THURSDAY, NOVEMBER 5, 2020
UNCERTAIN FUTURE FOR STUDENT-LED FEES LAWSUIT Students sued the UC system for charging fees for facilities and services not being rendered due to pandemic closures; the administration offers alternative view
Mrak Hall during Fall Quarter 2020. (Quinn Spooner / Aggie) BY KATHLEEN QUINN campus@theaggie.org UC students filed a class-action lawsuit in federal court claiming the UC system violated the Takings Clause of the constitution when it accepted fee payments from students intended for on-campus facilities and services which were closed due to the pandemic. Noel Garcia, an attorney at Cowper Law representing Claire Brandemeyer, the UC Davis
student who filed the lawsuit, said students are entitled to recoup almost all of the fees paid in Spring Quarter. “Students at the UC Davis campus in particular, being on the quarter system, never stepped foot on campus during Spring Quarter of 2020,” Garcia said. The lawsuit was originally filed to include only spring fees, but Garcia said she hopes they can amend the claim to include current and future fees assessed as pandemic closures continue. “We would try to add new quarters for the
continuing violations of taking fees from the students,” Garcia said. “We would also add new claims in order to get around the motion to dismiss.” After a hearing on Oct. 5, the Northern California District Court was inclined to dismiss the case, citing sovereign immunity. The UC system claimed that, because it is an arm of the state, it cannot be sued in federal court. The current campus-based fees are approximately $676, with an additional $376 paid in student services fees per quarter. Vice Chancellor of Finance, Operations and Administration Kelly Ratliff said that the fees students pay have some malleability in the way that they can be used once allocated to a specific budget. “Even though the fee was set up with amounts per student per activity or program, there’s a certain amount of flexibility in the language,” Ratliff said. Kuvin Hayer, a third-year economics major, said he understood why certain services and facilities have closed during the pandemic, but wants answers about how his student fees are being used. “I just want transparency on what’s actually happening to the fees we’re paying now and where it’s actually going,” Hayer said. The administration has made an effort to retain as many employees as possible and has kept temporary COVID-19 related layoffs under 30, Ratliff said. “We’re trying so hard to keep everyone employed,” Ratliff said. “The services, while they’re different, are still being maintained.” Vice Chancellor of Student Affairs Pablo Reguerin said, as the pandemic continues, many of the services previously provided in-person have moved online in the form of what Student Affairs has coined “Virtual UC Davis.” “People have had to rethink how we serve students in a very short period of time,” Reguerin said.
Many buildings remain closed on campus, with a few facilities operating at reduced capacity. “The one that I really miss is the ARC, because I spent probably a good portion of my days there while I was on campus,” Hayer said. Fees for facilities like the Activities and Recreation Center (ARC) are not solely used for current operations, Ratliff said. “A lot of that money is used to actually pay for the building,” said Ratliff. “We borrowed money to build it, we still have to make—in essence, the mortgage payment.” Reguerin seconded this sentiment, adding that the university is “paying that debt service whether someone is swimming there or not.” The ARC has been re-opened to students starting Nov. 1 for appointment-based usage, Reguerin said, but fluctuating guidelines in Yolo County make the continued operation uncertain. On Aug. 20, Ratliff and Reguerin issued a joint statement that student fees would not increase; however, both said they did not expect the fees to decrease either. “I certainly understand the perspective of, ‘Why are the fees staying the same?’ and I know I’m the voice that says, ‘Well, they are and they need to be,’” Ratliff said. “But, I do want folks to know that we take really seriously the stewardship of the funds and that they are student funds.” The lawsuit headed by Brandemeyer was combined with another lawsuit, Ritter v. Regents of the UC, that included tuition reimbursement. That suit is currently in limbo awaiting a response on whether they can submit an amended complaint. Brandemeyer did not respond to a request for comment. Though the future of the suit against the UC system is uncertain, the debate about what students are owed when it relates to fees is ongoing. “What we really want is an injunction to get the school to stop taking fees from all of you going forward until they can actually provide the services,” Garcia said.
COVID-19 RENTAL ASSISTANCE GRANT PROGRAM SUPPORTS YOLO COUNTY RESIDENTS AT RISK OF BEING DISPLACED, UNABLE TO PAY RENT Low-income households in Davis can receive grant of up to $4,000 if eligible KAITLYN PANG / AGGIE
BY SHRADDHA JHINGAN city@theaggie.org Yolo County announced a COVID-19 Rental Assistance Grant Program to support Yolo County residents in a press release published on Oct. 16. The program will help individuals who have a higher risk of being displaced due to not being able to pay rent as a result of the pandemic, and to “offset corresponding lost revenue that landlords
need to provide housing services.” The program, which consists of a “onetime rent and utilities grant,” will be provided to tenants who are low-income and have not been able to pay rent fully due to the hardships caused by COVID-19. These include an increase in childcare or medical costs, a decrease or loss of wages and employment and a “loss of childcare.” The types of assistance provided are security deposits and rent assistance, in addition to utility costs and utility deposits.
Students, however, are not eligible for the program unless they meet certain exemptions. For example, they may be eligible for the program if they have dependent children, are over the age of 24, are a veteran of the U.S. military or are married. Colleen Brock, the senior management analyst at Yolo County Housing and the program’s administrator for the City of Davis, explained via email that emancipated young people or those who have aged out of foster care could also be eligible. More information regarding the exemptions students need to meet in order to be eligible for the program, as well as information about general applicant eligibility and the process of applying, can be found on the Yolo County Housing website. Public Information Officer at Yolo County Jenny Tan described the goal of the program. “The program provides a one-time rent relief grant directly to landlords on behalf of lowincome tenants to reduce burden on tenants and ensure landlords receive the revenue needed to maintain housing services,” Tan said via email. People will need to apply for the program in order to receive the grant, according to Tan. “Tenants must apply,” Tan said via email. “It’s on a first come, first served basis and when the funding runs out, the program will end/close. The application is pretty simple but tenants do need to show proof of their economic impact and they must be very low income tenants or low income tenants with high rent burden.” Information about what qualifies as “very low
income” and the application can be found on Yolo County Housing’s website. For example, very low income tenants can have up to 60% of the Area Median Income (AMI) and low income tenants can have up to 80% AMI with a high rent burden (at least 30%). Stimulus payments such as Economic Impact Payments and the $600 per week Federal Pandemic Unemployment Compensation from the CARES Act, however, are not counted as part of income in determining someone’s eligibility for this program. There is also a cap to the amount that can be allocated to each household. “The program caps each household to a onetime grant of $4,000 in the City of Davis or $3,000 everywhere else in Yolo County,” Tan said via email. “The City of Davis is a bit more because they received some additional funding for this program.” A news statement from the City of Davis further described the scope of the program. “The program bridges the gap between what the tenant can afford and the tenant’s actual rent,” the statement reads. “The required tenant’s share of rent is 10% of adjusted gross monthly income. The share of monthly rental assistance will be the difference between the actual rent and the tenant payment.”
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UC DAVIS ESTABLISHES FOUR-YEAR PROGRAM FOR PEOPLE WITH INTELLECTUAL DISABILITIES Groundbreaking program is first on west coast to offer a residential component BY REBECCA BIHN-WALLACE campus@theaggie.org The Office of Diversity, Equity and Inclusion, in partnership with the UC Davis MIND Institute, recently received a $2.1 million grant to establish a four-year college program for individuals with disabilities on the UC Davis campus. The MIND Institute focuses on researching neurodevelopmental disabilities like autism, Fragile X, Down Syndrome and ADHD, among others. It also provides support to families affected by these disabilities. “This is about opening UC Davis to all the citizens of California and beyond,” said Len Abbeduto, the director of the MIND Institute, in a video for the broadcast media about the
new program. “Disability is not often thought about when we talk about diversity, equity and inclusion.” The grant will facilitate the Redwood Supported Education to Elevate Diversity (SEED) Scholar program. UC Davis hopes that similar programs—geared towards students with autism, Down Syndrome, Fragile X Syndrome and other types of genetic disorders, for example—can be implemented on other college campuses in California. The grant—funded by the U.S. Department of Education’s Transition and Postsecondary Programs for Students with Intellectual Disabilities (TPSID)—will be used across five years. TPSID program grants were originally established in 2010 under the Obama Administration. At the time, awards totalling $10.9 million
The UC Davis MIND Institute at the UC Davis Medical Center in Sacramento, California. (Google Streetview) were provided for 28 grants under two federal programs. Some of the first grant recipients included California State University, Fresno and Taft College. The grants are designed to facilitate academic enrichment, socialization, independent living and professional skills for people with intellectual disabilities. Renetta Garrison Tull, the vice chancellor of Diversity, Equity and Inclusion (DEI), highlighted the importance of the program’s connection to DEI. “While a lot of other programs haven’t been
connected to DEI, Dr. Len Abbeduto wanted it to be a part of DEI,” Tull said. “When we think about inclusion, we want to think about it as a campus wide initiative.” Tull added that DEI and the MIND Institute will be “thought partners” in the implementation of the Redwood SEED Program. Personally, Tull has two adult cousins with Down Syndrome, and said she was excited to learn about the kinds of services that the Redwood SEED Program would be offering. INTELLECTUALDISABILITIES on 11