Lawsuit Targets Columbia University for Tuition Refunds After COVID-19 Closure
The filing also claimed that Columbia's decision last month to move to a pass/fail grading system had diminished the value of the students' eventual degrees "for the rest of plaintiffs' life."
April 24, 2020 at 01:36 PM
4 minute read
The original version of this story was published on New York Law Journal
A group of students has sued Columbia University for tuition refunds after the Ivy League school moved its classes online in the wake of the COVID-19 pandemic, claiming that they had been denied the hands-on learning experiences they paid for.
The proposed class-action lawsuit, filed late Thursday in the U.S. District Court for the Southern District of New York, alleges that students for the Spring 2020 academic semester at Columbia had been unable to obtain refunds after the school announced March 12 that all classes for the remainder of the term would be conducted online.
The filing also claimed that Columbia's decision last month to move to a pass/fail grading system had diminished the value of the students' eventual degrees "for the rest of plaintiffs' life."
"To date, defendant has failed and continues to fail to refund any portion of plaintiffs' and the putative class members' Spring 2020 tuition payment," Gainey McKenna & Egleston partner Thomas McKenna wrote in a 10-page complaint.
"Moreover, plaintiffs and members of the putative class have been and will be deprived of fully utilizing services for which they have already paid, including, but not limited to, access to campus facilities and other opportunities," he said.
The complaint was the second Thursday to target the university for tuition reimbursements over decisions it made in coping with the novel coronavirus outbreak, and it was the latest in a flurry of litigation against universities, gyms, airlines and theme parks for failure to refund consumers after closures as a result of COVID-19.
Another lawsuit, filed by Toptani Law and the Anastopoulo Law Firm in the Southern District of New York, took aim at Columbia's board of trustees, claiming that students should also be compensated for losing access to other on-campus services, like the university health facilities, residence halls and activities.
"While closing campus and transitioning to online classes was the right thing for defendant to do, this decision deprived plaintiff and the other members of the class from recognizing the benefits of in-person instruction, access to campus facilities, student activities and other benefits and services in exchange for which they had already paid fees and tuition," that suit said.
New York University and Pace University in Lower Manhattan also faced similar lawsuits from students, who have sued over being denied tuition reimbursements.
McKenna said in his filing that tuition and fees for in-person learning accounted for face-to-face interactions with professors, mentors and peers, as well as access to university computer labs, study rooms, laboratories and libraries. Students, he said, were also missing out on networking, extracurriculars and social development opportunities that are reflected in typical tuition prices.
The two-count lawsuit, which has been assigned to U.S. District Judge Valerie E. Caproni of the Southern District of New York, alleges breach of contract and unjust enrichment.
Columbia University's press shop did not immediately respond to an email Friday seeking comment on the filings.
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