69,000 students filed Borrower-Defense Claims Against the Universtiy of Phoenix: Zero Have Been Approved

 Recently, someone filed a Freedom of Information Act (FOIA) request with the U.S. Department of Education. How many Borrower Defense claims have students filed against the University of Phoenix (UP), the requester asked, and how were these claims resolved?

DOE's FOIA Service Center zipped back a reply, and the response is interesting. More than 69,000 UP students filed Borrower Defense claims against the for-profit school over the past seven years.  Almost 20,000 of these claims were denied, and ZERO have been approved.

Borrower Defense claims are complaints filed by students with DOE claiming that their college misled them in some way about the education the college provided. For example, the college might give false information about:

[T]he transferability of credits, job placement rates, completion and withdrawal rates, graduates' future earning potential, career services, the cost of attendance, the amount of federal student aid, and accreditation status . . . .

If DOE concludes that a student's complaint is valid, it will cancel that student's federal college loans. 

President Biden's DOE has been receptive to Borrower Defense claims and has canceled almost $14 billion in student debts owed by 890,000 people who attended for-profit colleges. 

In Sweet v. Cardona, DOE settled a class action suit by granting debt relief to 200,000 students who attended more than 150 for-profit colleges. The cost of the settlement was $6 billion. 

Several famous for-profit schools were named in that settlement, including DeVry University, Grand Canyon University, and Walden University. The University of Phoenix was omitted. Why?

Perhaps because UP is owned by Apollo Global Management and the Vistria Group, two private equity firms with important political connections. 

Marty Nesbitt is the co-CEO of Vistria. He is a close personal friend of President Obama and served as treasurer for Obama's 2008 presidential campaign. Currently, he is the chair of the Obama Foundation, which is in charge of planning the Obama Presidential Center. 

Marc Rowan, CEO of Apollo Global Management, significantly contributes to both Democratic and Republican politicians. According to a 2021 article, Apollo has made $16 million in political contributions since 1990 and spent $34 million on lobbyists since 1998 (citing OpenSecrets.org).

On the other hand, perhaps the University of Phoenix has never misled anyone or misrepresented anything over the past seven years.  That would explain why 69,000 students or former students filed Borrower Defense claims against UP since 2016, and none have been declared valid by DOE.

Marty Nesbitt, co-CEO of the Vistria Group

Three quarters of a million student borrowers have filed "borrower defense" claims against colleges: They want their student loans canceled

 Dahn Shaulis posted a provocative commentary yesterday on Higher Education Inquirer. He reported on the recent settlement of Sweet v. Cardona, a class-action lawsuit accusing the U.S. Department of Education of mishandling borrower defense claims. 

In essence, the plaintiffs claimed they took out federal student loans to attend schools that misrepresented their offerings or violated various state laws.  As Shaulis pointed out, nearly all the schools affected by the lawsuit are for-profit colleges.

Under the settlement terms, DOE will cancel federal student-loan debt owed by 200,000 borrowers. The cost: about $6 billion. This is in addition to the $ 7.9 billion in loan relief to 690,000 students under the terms of earlier borrower-defense settlements.

Fourteen billion dollars in canceled loans owed by 890,000 students: that's a lot of misconduct. Which schools have been named by students filing borrower defense claims?

DOE attached an appendix to its announcement of the Sweet litigation listing more than 150 schools. The list of accused malefactors--almost all for-profit institutions--includes a for-profit law school and a for-profit Caribbean medical school.

As we might expect, the word has gotten out among student borrowers that President Biden's DOE is much more receptive to borrower defense claims than President Trump's callous crew.  As Mr. Shaulis reported, there are now 750,000 pending borrower defense claims, and they keep rolling in at the rate of 16,000 a month.

I'm all in favor of DOE's generosity toward students who took out federal loans to attend for-profit institutions and didn't get their money's worth. I have no sympathy for the for-profit colleges, many of which are owned by private equity funds that don't give a flip about the quality of education their institutions deliver.

Nevertheless, it is not feasible for DOE to continue entering into large borrower-defense settlements unless it cracks down on the chief offender--the for-profit college industry.

Basically, DOE is behaving like a wealthy parent who repeatedly pays the damages for a profligate son's mayhem without demanding that the kid stop misbehaving.