Rochester Institute of Technology Tuition, Room & Board Payback

Date Filed: 5.1.2020

Case Number: 20-cv-06283

Location Filed: Western District of New York

Plaintiff: Nicholas Bergeron

Summary: A Rochester Institute of Technology student (“student”) filed a class-action lawsuit against Rochester Institute of Technology demanding repayment for paid tuition, mandatory fees, or voluntary fees for privileges or services Rochester Institute of Technology failed to provide due to its COVID-19 related campus closure. Class Action Complaint and Jury Demand, Bergeron v. Rochester Inst. of Tech., 20-CV-06283 (W.D.N.Y. May. 1, 2020). The lawsuit was filed May 1, 2020, in the U.S. District Court for the Western District of New York and makes claims against Rochester 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 Rochester 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 Rochester Institute of Technology breached its contract with students by failing to provide those services and has otherwise not performed under the contract. Id. Alternatively, Rochester 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 Rochester 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 June 30, 2014, Rochester Institute of Technology's total endowment net assets exceeded $700 million. Richard Wilson, Rochester Institute of Technology Endowment Fund Endowments.com (2020), http://endowments.com/rochester-institute-of-technology/ (last visited Jun 15, 2020).

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