Lewis University Hit with Class Action Seeking Tuition, Fee Refunds for Semester Disrupted by Pandemic

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An undergraduate Lewis University student has filed a proposed class action against the school over its apparent refusal to issue tuition and fee refunds for the Spring 2020 semester disrupted by the COVID-19 pandemic.

The 17-page breach of contract complaint argues the private Romeoville, Illinois university failed to provide the in-person educational experiences and services for which students contracted and paid after the call was made to move all classes online starting March 12, 2020.

An online education devoid of access to Lewis University’s facilities, programs, services and events was not the experience students bargained for or expected, the suit contends.

”Students attending Lewis did not choose to attend an online only institution of higher learning, but instead chose to enroll in the University’s in-person educational programs – with the understanding that Lewis would provide in person educational opportunities, services, and experiences,” the complaint states, adding that the school marketed the foregoing on its website and in promotional materials and publications.

Instead of an in-person education, Lewis students were provided online learning options that were, according to the case, “sub-par in practically every aspect” given the lack of classroom interaction among teachers and students that the plaintiff remarks is “instrumental in educational development and instruction.”

The lawsuit additionally asserts that an online educational format does not foster the development of strong memorization and study skills since students cannot be called on in class and have the option of consulting textbooks and other materials during online exams. 

Still further, students whose classes were moved online were given the option of taking those courses on a “more lenient” Pass/No Pass grading scale instead of pursuant to the traditional letter grading system, the lawsuit says.

Moreover, most of the services for which mandatory fees were paid, such as access to the university’s health and wellness facilities, programs and services; fitness facilities; student events and sports; and in-person commencement, were also canceled around the same time classes were transitioned online, the complaint relays. The suit argues that such services and experiences are “integral to a University education” as they help foster intellectual and academic development and independence, not to mention networking for future career options.

Despite failing to provide the in-person education and services for which tuition and mandatory fees were paid, Lewis has, to date, refused to offer “any refund of any portion” of the money paid for the Spring 2020 semester, the lawsuit alleges.

In fact, on students’ tuition bills, Lewis University has made clear that should they leave the school with an unpaid balance, they in turn agree to “reimburse the fees of any collection agency … and all costs and expenses, including reasonable attorney’s fees, incurred in such collection efforts,” the complaint says.

“Defendant’s practice of failing to provide reimbursements for tuition and Mandatory Fees despite the diminished value of the education and other experiences that it provided, and the reduced benefits associated with the tuition and Mandatory Fees, as alleged herein, violates generally accepted principles of business conduct,” the plaintiff claims.

The lawsuit, which echoes a litany of similar cases filed against colleges and universities nationwide, looks to obtain pro-rated refunds for anyone who paid or will pay tuition and/or mandatory fees for a student to attend in-person classes at Lewis during the Spring 2020 semester or any other semester affected by the COVID-19 pandemic and whose classes were moved to online learning.

ClassAction.org’s coverage of COVID-19 litigation can be found here and over on our Newswire.

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