
Tuition Reimbursement
Class Action Lawsuit filed on behalf of a class of nursing students at Xavier
University, alleging the school is offering an inferior “remote learning
experience” rather than a proper hands-on education, as promised in the school
curriculum.
The Lyon Firm has filed a class action lawsuit against
Xavier University for a breach of contract after failing to reduce student
tuition to compensate for the substantial education gap that does not meet the
nursing curriculum’s proper training standard.
The plaintiffs allege that in March 2020 Xavier University
stopped providing its typical on-site curriculum and switched to a fully-remote
education that involves no practical in-person training for its Accelerated Bachelor
of Science in Nursing (ABSN) program.
Although COVID-19 has impacted the teaching methods and
facilities available to nursing programs, Xavier was not required to suspend
clinical placements for its ABSN students. In fact, the Ohio Board of Nursing
has encouraged “academic-practice partnerships between health care facilities
and pre-license RN and PN nursing education programs during the COVID-19
emergency in order to meet academic and workforce needs....”
Joe Lyon is a highly-rated Cincinnati, Ohio class action attorney representing plaintiffs nationwide in breach of contract cases and tuition reimbursement lawsuits.
The plaintiffs represented by The Lyon Firm enrolled at
Xavier’s College of Nursing in the spring and paid full tuition for the
advertised hands-on nursing program. But Xavier has offered merely a pared-down,
online, limited version of the program, and failed to reduce tuition. The
nursing students have not been provided with a face-to-face faculty, peer
interaction, or access to program resources, and school facilities.
Ultimately, the plaintiffs filed a lawsuit with the
assistance of The Lyon Firm and Markovits, Stock & DeMarco, alleging Xavier
is in violation of a breach of contract, unjust enrichment, and promissory
estoppel.
According to the complaint, Xavier University did not
provide the full value of the services they were paid for, and beginning in May
2020, Xavier actually increased tuition for enrolled ABSN students in the summer
semester. Xavier recently increased the cost of each credit hour from $880 to
$900. For the program, students pay approximately $13,500 per semester.
While students enrolled and paid Xavier for a comprehensive
academic experience, Xavier instead offered the plaintiffs something far less,
and something the plaintiff and class members say they did not bargain for.
Education
Xavier’s ABSN curriculum contains three key parallel
learning components: online classes, lab simulation, and actual clinical
training. Any student completing only one or two of the parallel components
misses crucial nursing education. In fact, Xavier’s handbook states: “If a
student withdraws from either a theory or a clinical course, the student must
withdraw from the co-requisite course.”
Plaintiffs have said they chose to enroll in the ABSN
program at Xavier, in part, because Xavier’s classes are typically smaller than
classes at similar institutions, allowing professors to teach skills
one-on-one. Furthermore, Xavier’s simulation lab and skilled lab promised to
offer important hands-on practice before practicing on real patients.
Despite paying full tuition and not receiving a refund,
students of the nursing program say they may have missed out on over 300 hours
of hands-on learning experience.
In addition to full tuition paid for a fraction of the education promised to students, plaintiffs claim students in the Xavier nursing program have also not been refunded for other fees related to normal campus activities. Because there are currently no on-campus student activities, the fees should be returned to students.
Attorneys claim Xavier is being unjustly enriched by
students who have paid Xavier money that equity demands should rightfully
belong to enrolled students—students who have now lost out on tuition costs, clinical
and lab experience, and valuable time. Many students have also incurred
substantial student debt to pay for their education.
Lawsuits
Due to necessary changes in university class schedules, and
the inability to offer the same quality of education in the face of COVID-19
limitations, colleges and universities have been forced to offer online
classes, cancel programs, or delay students’ plans to continue their education.
The pandemic brought unforeseen challenges to schools across the country, and
some changes are understandable.
However, when a university fails to adjust their curriculum
to what has been promised, they have a duty to either reimburse students’
tuition, or offer a viable alternative. Many universities have arguably taken
advantage of students in what some critics have called a money-grab.
If you or a loved one
has experienced a curriculum disruption at Xavier University or another
educational institution, please contact The Lyon Firm at (800) 513-2403 for a
free and confidential review. You may be able to join existing class action
litigation and file a claim for potential compensation.
Taking the first step doesn’t have to be complicated. In just a few minutes, you can share the basics of your case, and our team will guide you from there: