United States Court of Appeals for the Fifth Circuit United States Court of Appeals Fifth Circuit

FILED August 23, 2022 No. 21-50352 Lyle W. Cayce Clerk Allison King,

Plaintiff—Appellant,

versus

Baylor University,

Defendant—Appellee.

Appeal from the United States District Court for the Western District of Texas USDC No. 6:20-CV-504

Before Jones, Higginson, and Duncan, Circuit Judges. Edith H. Jones, Circuit Judge: Allison King signed a Financial Responsibility Agreement (“FRA”) with Baylor University to secure her enrollment for the Spring 2020 semester. The FRA required King to pay Baylor for “educational services,” and she paid her tuition bill in full. During the second-half of the semester, Baylor responded to the COVID-19 pandemic by severely limiting on-campus activities and opportunities while conducting classes remotely. It did not, however, refund any tuition or fees. King’s refund suit relies on various doctrines of contract law. We espy a potential ambiguity in the definition of “educational services” and remand for further consideration of Case: 21-50352 Document: 00516443696 Page: 2 Date Filed: 08/23/2022

No. 21-50352

that issue. Consequently, we AFFIRM IN PART, REVERSE IN PART, and REMAND for further proceedings consistent with this decision. I. BACKGROUND King followed the same process as all Baylor undergraduates to enroll for the Spring 2020 semester. First, she “logged on to Baylor’s student portal, BearWeb . . . , navigated to the Add or Drop Classes page, selected Spring 2020 as the Term for which [she] wish[ed] to enroll, and either entered the course numbers to register . . . , or used the class search function to find desired classes and register.” Baylor listed available undergraduate classes in a catalog that included the following disclaimers: It is sometimes necessary or appropriate to change the programs offered. Baylor University retains the right to terminate or change any and all aspects of its educational and other programs at any time without prior notice. .... The provisions of this catalog do not constitute a contract, expressed or implied, between Baylor University and any applicant, student, student’s family, faculty, or staff member. Baylor University reserves the right to withdraw courses at any time, or change fees, tuition, rules, calendar, curricula, degree programs, degree requirements, graduation procedures, and any other requirement affecting students. Changes will become effective at the time the proper authorities so determine, and the changes will apply to both prospective students and those already enrolled. This catalog is a general information publication only, and it is not intended to, nor does it contain all regulations that relate to students. King attended her classes throughout the entire semester.

2 Case: 21-50352 Document: 00516443696 Page: 3 Date Filed: 08/23/2022