Cornell University Tuition, Room & Board Payback

Date Filed: 4.25.2020

Case Number: 20-cv-00471

Location Filed: Northern District of New York

Plaintiff: Alec Faber

Summary: A Cornell University student (“student”) filed a class-action lawsuit against Cornell University demanding repayment for paid tuition, mandatory fees, or voluntary fees for privileges or services Cornell University failed to provide due to its COVID-19 related campus closure. Class Action Complaint and Jury Demand, Faber v. Cornell Univ., 20-CV-00471 (N.D.N.Y.Apr. 25, 2020). The lawsuit was filed April 25, 2020, in the U.S. District Court for the Northern District of New York and makes claims against Cornell University for breach of contract and unjust enrichment. Id. The lawsuit highlights that as a precondition for enrollment, the student was required to and did pay tuition, as did all members of the proposed Class. Id. Additionally, the student paid tuition and fees for in-person instruction at Cornell University, which covers not just the academic education, but encompass an entirely different experience from the online program, such as face to face interaction with professors, mentors, peers, extra-curricular activities, and facilities. Id. 

The suit claims Cornell University breached its contract with students by failing to provide those services and has otherwise not performed under the contract. Id. Alternatively, Cornell University is unjustly enriched because it continued to charge for tuition and reaping the financial benefit of millions of dollars from tuition-payers, despite sending students home, closing its campus and residence halls, and changing courses for the worse Class Action. Id.

The complaint reads, “although Cornell University is still offering some level of academic instruction via online classes, Plaintiff and members of the proposed Class have been and will be deprived of the benefits of on-campus learning.” Id. As of April 24, 2020, Cornell University's total endowment net assets exceeded $7 billion. Caroline Johnson et al., Cornell Can’t Use Its $7.2 Billion Endowment to Help Mitigate COVID-19 Losses. Here’s Why. The Cornell Daily Sun (2020), https://cornellsun.com/2020/04/24/cornell-cant-use-its-7-2-billion-endowment-to-help-mitigate-covid-19-losses-heres-why/ (last visited Jun 12, 2020).

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