Middlebury College Student Seeks Tuition, Fee Refunds for COVID-19-Shortened Spring Semester

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Middlebury College faces a proposed class action over its apparent refusal to issue tuition and fee refunds for the Spring 2020 semester shortened by the COVID-19 pandemic.

According to the 18-page breach-of-contract case, the Middlebury, Vermont school has, since March 13, failed to provide the in-person education and services for which students have paid tuition and fees, and offered instead what the plaintiff calls a “materially deficient and insufficient alternative.”

The plaintiff, an undergraduate, says that although Middlebury’s Spring 2020 semester began on February 10 and ended around May 19, the college has offered no in-person classes since March 13. Around the same time, the case says, most of the services for which mandatory fees were paid—including access to health and wellness facilities, programs and services; fitness facilities; student events and sports; and in-person commencement—also ceased being provided due to Middlebury’s response to the COVID-19 pandemic.

Students who enrolled in Middlebury College’s Spring 2020 semester did not choose to attend an online-only institution, and specifically chose the school’s in-person educational programs “with the understanding that Middlebury would provide in person educational opportunities, services, and experiences,” the case argues.

Despite advertising the benefits of an on-campus education on its website and in marketing materials, Middlebury has instead provided remote learning options that are “sub-par in practically every aspect,” the suit alleges, highlighting the lack of classroom interaction that is, per the case, “instrumental in educational development and instruction.”

The lawsuit goes on to claim that the online formats provided by Middlebury fail to foster the development of strong memorization and study skills, and have afforded students an “educational leniency” given they can choose to be graded on a Pass/Fail basis.

Further, the plaintiff contends students have been deprived of the opportunity to engage in collaborative learning, as well as access to facilities such as libraries, study rooms, laboratories, computer labs and recitations.

Though Middlebury priced its tuition and fees based on the value of an in-person educational experience, the school has failed to provide such for the majority of the spring semester, the lawsuit relays, alleging the college’s failure to offer pro-rated refunds constitutes a breach of contract.

“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 fees, as alleged herein, violates generally accepted principles of business conduct,” the complaint reads.

The case against Middlebury College trails hundreds of lawsuits filed against colleges and universities over their alleged failures to offer refunds for tuition and fees paid for the Spring 2020 semester truncated by the COVID-19 pandemic.

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

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