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A student is demanding tens of thousands of dollars back from Brown University after the Ivy League school shut down its dorms, classrooms, activities and food services in response to the coronavirus pandemic.
The Brown University class action lawsuit is brought by a full-time student of the institution in Providence, R.I., who is identified only as “John Doe.”
He claims he paid a total of nearly $34,000 for tuition, class fees and room and board for the spring 2020 semester, plus nearly $3,000 for a meal plan, only to be barred from access to those services.
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On March 12, three days after Rhode Island’s governor declared a state of emergency, Brown President Christina Paxson announced all academic instruction would be interrupted for two weeks and resume in an online format on March 30, the Brown University class action lawsuit states.
As a result, the plaintiff claims he’s seen a marked decrease in the quality of his academic experience.
“For example, one course was primarily focused on student presentations and class-wide discussion, but it is now only video recorded lectures with limited interaction from professors or classmates. Plaintiff enrolled in one course for the lab experience, but he is unable to utilize the specialized equipment only accessible on campus,” the Brown University class action lawsuit maintains.
“Another course recommends office hours with teaching assistants for success in completing difficult assignments, but technical difficulties and time zone issues have frustrated effective teaching assistant meetings. Plaintiff is unable to interact with professors and classmates as often and with the same depth as in-person courses.”
Also in the university’s closure announcement, all undergraduate students were asked to vacate campus residences by March 22.
Then on March 14, Brown recorded its first case of COVID-19. Provost Richard M. Locke immediately moved up the deadline to vacate campus housing to March 17, the Brown University class action lawsuit reports, creating additional stress and hardship among student residents.
“College students enrolled in classes when the COVID-19 outbreak struck were left with no access to their dorms, to classrooms, campus cafeterias or other facilities they paid to use,” plaintiff’s counsel said in a press release to the Providence Journal. “We believe there’s absolutely no reason why they should continue to be stuck holding the bill for tens of thousands of dollars, only to be kicked off campus.”
Brown officials have said they will prorate some student fees and costs, but the Brown University class action lawsuit claims the adjustments are inadequate. “Defendant is denying full refunds or even full prorated refunds to those students that need it most through its flawed room and board refund plan.”
“During this time of global crisis, no aspect of our daily lives are what anyone expected,” a Brown University spokesman responded in the Providence Journal article.
The Brown University class action lawsuit argues that “Defendant wrongfully exercised control over and/or intentionally interfered with the rights of Plaintiff and members of the Class by effectively closing its campus to in-person education and switching to an online-only format, discontinuing paid-for services, and evicting students from campus housing. All the while Defendant has unlawfully retained the monies Plaintiff and the Class Members paid Defendant as well as barred Plaintiff from Defendant’s Facilities.”
The Brown class action lawsuit is claiming breach of contract, unjust enrichment and conversion. The plaintiff is demanding a jury trial to recover unrefunded tuition, fees and room and board, as well as all other relief to which he and other putative Class Members may be entitled.
“While students enrolled and paid Defendant for a comprehensive academic experience, Defendant instead offers Plaintiff and the Class Members something far less: a limited online experience presented by Google or Zoom, void of face-to-face faculty and peer interaction, separated from program resources, and barred from facilities vital to study,” states the Brown class action lawsuit. “Plaintiff and the Class Members did not bargain for such an experience.”
The plaintiff is represented by Stephen M. Prignano of McIntyre Tate LLP; and Steve W. Berman, Daniel J. Kurowski and Whitney K. Siehl of Hagens Berman Sobol Shapiro LLP.
The Brown University Campus Closure Class Action Lawsuit is John Doe v. Brown University, Case No. 1:20-cv-00191, in the U.S. District Court for the District of Rhode Island.
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