Judge To Decide If Lawsuit Against Mount Ida Will Go Forward

NEWTON, MA— Supporters of those bringing a class-action lawsuit against Mount Ida filled the seats in federal court in Boston Tuesday morning listening as a judge questioned attorneys about the merits of the case for about an hour. The judge said he would decide in the coming weeks as to whether the case will move forward to trial.

Last spring Mount Ida announced its immediate closing without prior warning to students, parents or most staff, causing those to scramble to find jobs and other schools. Mount Ida sold its property to UMass Amherst with the reluctant blessing of Attorney General Maura Healey, who said it would be worse for the students if she blocked it.

During the year-long investigation, Mount Ida trustees faced a severe hearing the Senate Post Audit and Oversight Committee, and UMass President Martin Meehan and UMass Amherst Chancellor Kumble Subbaswamy have undergone much criticism for the handling of the closure and the sale.

Attorneys for Mount Ida argued to the federal judge during a motion to dismiss hearing that the school could not be held liable for what happened.

"Our argument, very clearly is that sometimes there are unfortunate results, despite everybody's best actions and it doesn't mean that someone did anything wrong," Howard Cooper who represents former Mount Ida President Barry Brown, told reporters after the hearing. "And the reality of it here is none of the folks at Mount Ida did anything wrong. To the contrary worked themselves 24/7 to try to save the school that they loved, and they were just unsuccessful."

But the attorneys for Mount Ida students say there is someone to blame.

"The fundamental question in this case has to do with what is the obligation for an institution for higher learning to its students," said Michael Tauer, who said they were arguing the school broke a contract with students.

"Students paid tuition. That wasn't a donation to Mount Ida. They were expecting something in return and it is our position they didn't get it," he said.

Tauer said the fact that the school was run as a not-for-profit should hold it to a higher standard.

"Mount Ida was not contesting the allegations, but essentially doubling down on their position that they did not owe a duty to the students," said Tauer.

Gabrielle Ericson-Wenners was a student in Mount Ida's 2020 class, and opted to transfer to UMass Dartmouth, when Mount Ida went under. She was studying game art animation at Mount Ida, and it's been a bit of a rocky transition to UMass.

"It's hard. They did technically have our program, but they're hybridizing it, it's still a work in progress," she told reporters after the hearing.

She came to watch in an effort to support friends who are on both sides of the story, she said.

"Mount Ida was my home,"she said. And after what happened there, it changed what she was expecting for college, she said.

"You kind of go on, you want to do the best you can. But you also have to take into consideration, well, what if this happens at the new school," she said. "I wouldn't want to get triple hit."

The judge did not give a date when he would have an answer as to whether the lawsuit would move forward or not.

"It's going to take me a little while to think this through," said Judge Stearns.

Watch what attorneys had to say after the hearing:

• Newton's Mount Ida In Talks With UMass: Governor (April 2018)
• Mount Ida Closure Leaves Newton Students, Parents Scrambling
• UMass Acquires Newton College, Mount Ida To Close
• Mount Ida Sale Approved, AG Healey Starts Review
• Mount Ida Officials Could Be Subpoenaed To Testify (May 2018)
• Betting, Mt. Ida Closure: MA Headliners

Patch reporter Jenna Fisher can be reached at Jenna.Fisher@patch.com or by calling 617-942-0474. Follow her on Twitter and Instagram (@ReporterJenna).