Future of Division III

[Ron Boerger]

A lawsuit has been filed in federal court accusing 32 elite colleges of conspiring to inflate prices through the early decision process.  The list encompasses primarily well-known Division III schools: Amherst College, Barnard College, Bowdoin College, Brown University, Bryn Mawr College, Carleton College, Columbia University, Cornell University, Dartmouth College, Duke University, Emory University, Haverford College, Johns Hopkins University, Macalester College, Middlebury College, Mount Holyoke College, Northwestern University, Oberlin College, Pomona College, Rice University, Smith College, Swarthmore College, Trinity College, University of Chicago, University of Pennsylvania, University of Rochester, Vanderbilt University, Vassar College, Washington University in St. Louis, Wellesley College, Wesleyan University, and Williams College.  Also named as defendants, in what the complaint calls an "early decision conspiracy," are the Consortium on Financing Higher Education, an organization of highly selective colleges that shares information on admissions and financial aid, along with the Common Application and Scoir Inc., two college admissions platforms used by the schools.

[Etchglow]

A lawsuit has been filed in federal court accusing 32 elite colleges of conspiring to inflate prices through the early decision process.  The list encompasses primarily well-known Division III schools: Amherst College, Barnard College, Bowdoin College, Brown University, Bryn Mawr College, Carleton College, Columbia University, Cornell University, Dartmouth College, Duke University, Emory University, Haverford College, Johns Hopkins University, Macalester College, Middlebury College, Mount Holyoke College, Northwestern University, Oberlin College, Pomona College, Rice University, Smith College, Swarthmore College, Trinity College, University of Chicago, University of Pennsylvania, University of Rochester, Vanderbilt University, Vassar College, Washington University in St. Louis, Wellesley College, Wesleyan University, and Williams College.  Also named as defendants, in what the complaint calls an "early decision conspiracy," are the Consortium on Financing Higher Education, an organization of highly selective colleges that shares information on admissions and financial aid, along with the Common Application and Scoir Inc., two college admissions platforms used by the schools.

Actual filing out from behind the paywall:

https://www.cohenmilstein.com/wp-content/uploads/2025/08/Complaint-DAmico-v-Consortium-on-Financing-Higher-Education-August-8-2025.pdf


Also, archive.org link to the article:
https://web.archive.org/web/20250811220031/https://www.washingtonpost.com/education/2025/08/08/college-admissions-early-decision-price-fixing-lawsuit/

[Kuiper]

A lawsuit has been filed in federal court accusing 32 elite colleges of conspiring to inflate prices through the early decision process.  The list encompasses primarily well-known Division III schools: Amherst College, Barnard College, Bowdoin College, Brown University, Bryn Mawr College, Carleton College, Columbia University, Cornell University, Dartmouth College, Duke University, Emory University, Haverford College, Johns Hopkins University, Macalester College, Middlebury College, Mount Holyoke College, Northwestern University, Oberlin College, Pomona College, Rice University, Smith College, Swarthmore College, Trinity College, University of Chicago, University of Pennsylvania, University of Rochester, Vanderbilt University, Vassar College, Washington University in St. Louis, Wellesley College, Wesleyan University, and Williams College.  Also named as defendants, in what the complaint calls an "early decision conspiracy," are the Consortium on Financing Higher Education, an organization of highly selective colleges that shares information on admissions and financial aid, along with the Common Application and Scoir Inc., two college admissions platforms used by the schools.

My understanding is that quite a high percentage of early decision applicants to small Liberal Arts Colleges are athletes, so this is more directly related to athletics than just involving many DIII schools.  If the allegations are true, it is another way in which college sports at the DIII level can be "pay to play" in the opposite direction of the pay to play that now exists after the House settlement at the DI level.

On a less serious note, can you really call yourself a NESCAC school if you aren't on that list?   

[y_jack_lok]

^^^ A brief survey of sources I did says the suit was filed by current and former students. But that makes me wonder who is really behind it. The reason for my suspicion is that over a decade ago my son got involved in a class action lawsuit we later found out was instigated by someone who hired a law firm to find plaintiffs who would join the suit. The suit was successful and it drove someone out of business. Had my son known going in who was behind the suit, he might not have joined.

[Ron Boerger]

^^^ A brief survey of sources I did says the suit was filed by current and former students. But that makes me wonder who is really behind it. The reason for my suspicion is that over a decade ago my son got involved in a class action lawsuit we later found out was instigated by someone who hired a law firm to find plaintiffs who would join the suit. The suit was successful and it drove someone out of business. Had my son known going in who was behind the suit, he might not have joined.

ALAYNA D'AMICO, MAX MILLER, BELLA
ROBINSON, and BRAM SILBERT, representing
themselves and all others similarly situated,

but

COHEN MILSTEIN SELLERS & TOLL PLLC
and
LANGER GROGAN & DIVER P.C

represent them.

The former firm was responsible for the big lawsuit against the realty industry that (allegedly) eliminated the 3% commissions paid to the realtors representing buyers and sellers.  The National Association of Realtors settled for $418 million but my personal exceedingly recent experience is that the realtors still get basically the same amount.  They also were responsible for an $835M settlement by Dow Chemical for allegedly inflating the price of polyurethane.  One of their attorneys was co-lead in the Flint lead water cases that resulted in a $626M settlement.  I'm not sure anyone actually got help in any of these cases but the lawyers made big bank and that's no doubt the goal again.

[y_jack_lok]

^^^ Thanks for that information.  But I'm really wanting to go one layer deeper -- i.e., is there someone other than the plaintiffs and the law firm representing them who is the driving force of this law suit? In my son's case it came out later that there was a deep pocketed person behind the suit who engaged the law firm to find plaintiffs in order to settle a personal score.

[CNU85]

For what it's worth.

2 Plaintiffs attended Wesleyan - neither appears to have played any sport
1 attends Wash U - Club Soccer
1 attends Vassar - Women's Rugby Team

Here is the court filing for those who like to read legal docs

Click on "Case Documents" section

[Ron Boerger]

^^^ Thanks for that information.  But I'm really wanting to go one layer deeper -- i.e., is there someone other than the plaintiffs and the law firm representing them who is the driving force of this law suit? In my son's case it came out later that there was a deep pocketed person behind the suit who engaged the law firm to find plaintiffs in order to settle a personal score.

I sincerely doubt four random people ended up at one of the nation's leading law firms with this case if someone didn't set this up.  There's no way of telling.

[Ryan Scott (Hoops Fan)]

It's quite possible someone simply felt the notion that certain schools wouldn't give a student the option to apply or enroll if they'd done early decision elsewhere was unjust and wants it changed.  If the lawyers think they can make money on the case, they'll foot the bill for it.  There might be a deep-pocketed entity behind it, but it could just be someone well enough connected to get the lawyers to take a chance.

[Gray Fox]

From Facebook:

Division III collaborating with National Council for Mental Wellbeing to help participants recognize, respond to and reduce stigma around mental health challenges
For more information visit NCAA.org

[y_jack_lok]

It's quite possible someone simply felt the notion that certain schools wouldn't give a student the option to apply or enroll if they'd done early decision elsewhere was unjust and wants it changed.  If the lawyers think they can make money on the case, they'll foot the bill for it.  There might be a deep-pocketed entity behind it, but it could just be someone well enough connected to get the lawyers to take a chance.

That's basically what I'm wondering: Who is that someone? And is there some motive beyond the fundamentals of the lawsuit?

[Ryan Scott (Hoops Fan)]

I'd never heard of early decision when I went to college, but if I had and then later found out it wasn't legal (or potentially not legal) for the schools to work together to limit my opportunities, I think I'd be pretty upset.  I agree some lawsuits come from someone behind the scenes, but it's unlikely this one would take more than an angry college student and a law firm noticing that colleges aren't winning very many of those these days.

[Kuiper]

I'd never heard of early decision when I went to college, but if I had and then later found out it wasn't legal (or potentially not legal) for the schools to work together to limit my opportunities, I think I'd be pretty upset.  I agree some lawsuits come from someone behind the scenes, but it's unlikely this one would take more than an angry college student and a law firm noticing that colleges aren't winning very many of those these days.

I agree.  This sounds like a plaintiffs law firm advertising for sympathetic plaintiffs kind of lawsuit.  Doesn't mean that there aren't plenty of people miffed about early decision, but it's kind of low hanging fruit for lawyers looking for a settlement in the current environment.

[Ryan Scott (Hoops Fan)]

I'd never heard of early decision when I went to college, but if I had and then later found out it wasn't legal (or potentially not legal) for the schools to work together to limit my opportunities, I think I'd be pretty upset.  I agree some lawsuits come from someone behind the scenes, but it's unlikely this one would take more than an angry college student and a law firm noticing that colleges aren't winning very many of those these days.

I'm actually kind of curious how the courts will decide.  There's nothing necessarily wrong with an early decision kind of system, but whether other private schools have the right to enforce some other school's system is not an answer immediately apparent to me.  I don't think public schools could do that sort of thing, but there's no immediate discrimination that comes to mind - it's just not in the best interest of students and I have no idea how the law views that sort of thing.

I agree.  This sounds like a plaintiffs law firm advertising for sympathetic plaintiffs kind of lawsuit.  Doesn't mean that there aren't plenty of people miffed about early decision, but it's kind of low hanging fruit for lawyers looking for a settlement in the current environment.

[CNU85]

I'd never heard of early decision when I went to college

Cuz you old!