Illinois Institute of Technology Tuition, Room & Board Payback

Date Filed: 5.20.2020

Case Number: 1:20-cv-03010

Location Filed: Northern District of Illinois

Plaintiff: Omar Hernandez

Summary: An Illinois Institute of Technology student (“student”) filed a class-action lawsuit against Illinois Institute of Technology demanding repayment for paid tuition, mandatory fees, or voluntary fees for privileges or services Illinois Institute of Technology failed to provide due to its COVID-19 related campus closure. Class Action Complaint and Jury Demand, Hernandez v. Illinois Inst. of Tech., 20-CV-06283 (N.D. Ill. May. 20, 2020). The lawsuit was filed May 20, 2020, in the U.S. District Court for the Northern District of Illinois and makes claims against Illinois Institute of Technology 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 Illinois Institute of Technology, 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 Illinois Institute of Technology breached its contract with students by failing to provide those services and has otherwise not performed under the contract. Id. Alternatively, Illinois Institute of Technology 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 Illinois Institute of Technology 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 May 31, 2014, Illinois Institute of Technology's total endowment net assets exceeded $596 million. Richard Wilson, Illinois Institute of Technology Endowment Fund Endowments.com (2020), http://endowments.com/illinois-institute-of-technology/ (last visited Jun 16, 2020).

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