Connecticut Post

Suit: Quinnipiac ‘deprived students of in-person learning’

- By Ben Lambert

HAMDEN — A portion of a federal lawsuit over the shift to remote learning at Quinnipiac University will be allowed to move forward, according to Judge Kari A. Dooley’s ruling on the school’s motion to dismiss the case.

A group of Quinnipiac students and parents filed the lawsuit against the university in June.

In an amended complaint, the plaintiffs argued that they had paid for and sought the chance to physically attend the university, and, because of the coronaviru­s-related closure of the campus in March 2020, been deprived of the full value of that experience, including the richness of in-person instructio­n, campus events, and the chance to build relationsh­ips with other students.

The school, the students and parents alleged in the amended complaint, had not offered tuition refunds or reimbursem­ent for the shift online, thus breaching their implied agreement.

The cost of tuition at Quinnipiac for 2021-22 is $48,680, according to the university website. Enrollees are also charged $1,840 in student fees and $750 in technology fees.

“The remote, online learning classes offered to Spring 2020 students since March deprived students of in-person learning

from their peers and school faculty. The move to these remote classes also deprived students of access to the facilities, materials, and opportunit­ies only offered on Quinnipiac’s physical campus,” attorney Craig Raabe wrote in the amended complaint. “The online classes Plaintiffs and their peers have been provided are not equivalent to the in-person, campus experience that Plaintiffs and other Quinnipiac students chose for their university education.”

The amended complaint also alleges that the university had

unjustly enriched itself by taking fees for events and services not provided during the pandemic, and that it had improperly taken ownership of their tuition fees.

However, attorney Edward J. Heath, representi­ng Quinnipiac, argued in a motion to dismiss the case that the plaintiffs’ claims “hinge on the allegation that (they) ... received an education that was worth less than what they paid because of the transition to online learning.”

The court’s ability to judge that idea, he wrote in the motion, “is precluded under wellestabl­ished law, which bars judicial interferen­ce in disputes over educationa­l decisions or the quality or effectiven­ess of an institutio­n’s instructio­n.”

“An analysis by this Court or a jury of any of the Plaintiffs’ claims would constitute an impermissi­ble intrusion on Quinnipiac’s educationa­l autonomy to determine, among other things, how its students are best taught,” Heath wrote.

Among other points, Heath also argued that the university had not exclusivel­y promised to provide in-person instructio­n; that tuition refunds were only promised in certain circumstan­ces that do not include a change in the manner of instructio­n; and that Quinnipiac had not acted in bad faith — the students and parents acknowledg­e that the closure was warranted in their complaint.

In a subsequent motion to dismiss, Heath also argued that the parents did not have standing to bring the suit.

Last week, as first reported by the Connecticu­t Law Tribune, Judge Kari A. Dooley ruled on both motions to dismiss.

Dooley agreed that the parents do not have standing, as any potential contract with the university would be between students and the school, not parents, but said that the university had potentiall­y promised to offer in-person instructio­n in its descriptio­n of campus offerings ahead of the pandemic.

Dooley allowed the plaintiffs’ claim regarding breach of contract to move forward, however, saying that “the promise alleged to have been breached is not a promise to provide an effective or adequate education but instead to provide an in-person education,” taking it out of the realm of judging quality of education.

“The Court therefore disagrees with the Defendant that the fact finder would necessaril­y be called upon to assess such questions as whether a lecture delivered by Zoom is less valuable than one offered in person, whether students’ virtual interactio­ns with faculty members are less educationa­lly meaningful than in-person interactio­ns, or whether remote library and other related services failed to provide an appropriat­e level of support following the closure of on-campus facilities,” Dooley wrote in her ruling.

Dooley also allowed the claim of unjust enrichment to move forward, saying the possibilit­y was logical enough not to be resolved through a motion to dismiss, but dismissed the conversion claim, saying the specific tuition fees paid by the plaintiffs were no longer their property, and thus they had relinquish­ed the right to those specific funds.

 ?? Arnold Gold / Hearst Connecticu­t Media file photo ?? Students walk past the Arnold Bernhard Library at Quinnipiac University in Hamden in 2019.
Arnold Gold / Hearst Connecticu­t Media file photo Students walk past the Arnold Bernhard Library at Quinnipiac University in Hamden in 2019.

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