Tuition Reimbursement Lawsuit Filed on behalf of Xavier Students

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Published on:
July 27, 2020
Updated on:
October 9, 2020

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.

Xavier Tuition Reimbursement Lawsuit

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.

Inadequate Nursing

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.

Tuition Reimbursement

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.

Contact Us

Request a Free Consultation

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:

  • It begins with a few simple questions about your situation.
  • From there, a member of our legal team reviews your case.
  • Together, we’ll chart the path forward, helping you take the next step toward resolution.
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