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Tuition Reimbursement Lawsuit Filed on behalf of Xavier Students

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.

Tuition Theft Lawsuit, Xavier University Lawsuit

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