<p>I disagree. I think that it is actionable - the college potentially knows/is aware of this, thats why they are offering to refund the application fee, as a sort of peace offering. But that is not enough.</p>
<p>In response to what Hanna said: No, the rules cannot change substantially in the middle of the game. Although there is no formal contract between the applicant and the admissions office, per se, there is a very strong implicit one that is backed up by several years of established trends. These trends say that recently that the college has accepted somewhere between 40 and 100 applicants a year.</p>
<p>Thus, it is reasonable for applicants to believe that the trend should continue for this year, and that the number of acceptances this year should obey the trends within reason. Completely closing the program without prior warning is not staying within these trends.</p>
<p>Furthermore, there are statements in the public record from senior administrators saying that the level of transfer admits would stay at relatively the same level (I am referring to the Crimson article from last year, when the number of admits was halved).</p>
<p>When taken together, the applicant has a legitimate basis, in both a practical and legal sense, to assume that they were applying for one of approximately 40 spots. In addition, by Harvard making these assertions, in the form of information posted on the web site, interviews with deans in the crimson etc…, the college was implying that it had approximately 40 spots to give out this year. </p>
<p>Harvard did not have the right to discontinue the program without first fulfilling its obligations to the students whose applications were pending - obligations that were established before the decision to discontinue the program was announced. </p>
<p>After all, there are significant costs in terms of time and other intangibles to filling out an application - and when deciding whether to apply one weighs the chances of success against the costs. Thus, the applicant’s decision to apply was made upon assertions made by Harvard that later turned out to be false. Harvard is liable for these misrepresentations of its product.</p>
<p>It is not the applicant’s fault that the Harvard administration faced an unforeseeable shortage of space. Therefore Harvard should not only be responsible for refunding the application fee, but all other costs associated, and any consequential costs that result from this failure to fulfill obligations.</p>