Steven Cohen  |  June 9, 2020

Category: Covid-19

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Baylor University empty college library

Baylor University has been hit with a class action lawsuit by a student who claims that the college has not refunded part of his tuition despite the fact that classes have been moved to an online environment due to the coronavirus.

N.C., a nursing student, says that he has paid tuition and fees to Baylor for on-campus courses but has not been refunded a prorated portion of that money as the university has closed its doors to students and has shifted to online learning only.

N.C. claims that he and putative Class Members have not received any refund or reimbursement for the decreased value of the education that the defendant began providing when classes moved from in-person instruction to an untested and less valuable format.

“Despite failing to fulfill their obligations, Defendants are currently unlawfully retaining and refusing to fully or partially refund Plaintiff’s tuition and mandatory fees, despite the dramatically lower quality and less valuable education and services Defendants provided for the second half of the Spring 2020 semester,” the Baylor University class action lawsuit alleges.

The plaintiff claims that he is entitled to have the defendant disgorge in full the portions of their payments for unused services and to refund his tuition payments for substandard classes.

Specifically, the plaintiff is seeking the prorated unused portion of mandatory fees for the remainder of the spring 2020 semester and a refund of a percentage of tuition because students are no longer able to attend classes in-person in lieu of the online experience.

N.C. states that the majority of the academic programs offered by Baylor are through in-person, on-campus courses. He says that prior to the coronavirus, Baylor only offered 15 programs online, all in the graduate school. He claims that he was charged $20,530 in tuition for the spring 2020 semester, in addition to a $2,261 “General Student Nursing Fee” and a $250 course or lab fee.

In response to the coronavirus, Baylor allegedly announced on March 11 that it would extend spring break for an additional week and then thereafter suspend all in-person classes for two weeks.

Baylor then told students that between March 23 through April 3, classes would move to an entirely online instruction format, the Baylor University class action lawsuit states.

On March 16, the plaintiff says the university moved classes to an online environment through the end of the spring 2020 semester and encouraged students not to return to campus following spring break. 

Baylor University students are reportedly stressed about COVID-19 and debt.

“As a result of these decisions, since spring break began on March 7, 2020, Plaintiff and other Baylor students have been denied the bargained-for in person instruction and access to facilities, technology, services, resources, and other benefits for which Plaintiff and Class members contracted when they paid Defendants tuition and mandatory fees for the Spring 2020 semester,” the Baylor University class action lawsuit goes on to state.

The plaintiff maintains that Baylor said that it would not be providing tuition refunds to students because they are still enrolled in the same academic courses with the same professors and that they would receive full academic credit for their courses.

However, N.C. claims that he did not contract with the defendant simply to receive full academic credits on their transcripts. He says that he contracted with Baylor to receive an in-person educational experience which the university marketed and guaranteed to him.

Since the campus closure forced a shift to online learning, students have not received such an education, the Baylor University class action lawsuit states.

N.C. claims that the spring 2020 semester was cut short by a full week, which denied the students a sizable portion of the content they should have learned as well as assignments that they should have completed. Thus, the students lost a full week of instruction for which they have already paid.

In addition, the plaintiff notes that the students have lost access to the facilities, resources, services, activities, and other benefits covered by their tuition and fee payments. 

“By being forced to move home, students could no longer use the University’s physical facilities, such as the campus Chapel, fitness centers, libraries, and McLane Student Life Center, among many others,” the Baylor University class action lawsuit alleges.

N.C. complains that, due to the closure of the university, students were denied the opportunity to participate in university traditions, activities, events, and conferences, which includes sporting events and volunteer activities.

“Despite the University’s claim that it is providing some services ‘remotely,’ students simply do not have access to the same range of opportunities available to them during the first half of the Spring 2020 semester,” the class action lawsuit goes on to say.

Was your spring 2020 semester cut short due to the coronavirus? Did you receive a tuition refund? Get legal help here.

The plaintiff is represented by Joe Kendall of the Kendall Law Group and E. Michelle Drake and Glen L. Abramson of Berger Montague PC.

The Baylor University Class Action Lawsuit is N.C. v. Baylor University, et al., Case No. 3:20-cv-01436, in the U.S. District Court for the Northern District of Texas.

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