Columbia Board of Trustees Complaint - The D&O Diary

Case 1:20-cv-03208-JMF Document 1 Filed 04/23/20 Page 1 of 18

UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF NEW YORK

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STUDENT A, individually and on

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behalf of others similarly situated,

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Plaintiff, :

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-against-

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THE BOARD OF TRUSTEES OF COLUMBIA :

UNIVERSITY IN THE CITY OF NEW YORK :

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Defendant. :

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Case No. 1:20-cv-3208

CLASS ACTION COMPLAINT (JURY TRIAL DEMANDED)

Plaintiff Student A ("Plaintiff") by and through undersigned counsel, brings this action against Board of Trustees of Columbia University in the City of New York ("Defendant" or the "University") on behalf of himself and all others similarly situated, and makes the following allegations based upon information, attorney investigation and belief, and upon Plaintiff's own knowledge:

PRELIMINARY STATEMENT 1. Plaintiff brings this case as a result of Defendant's decision to close campus, constructively evict students, and transition all classes to an online/remote format as a result of the Novel Coronavirus Disease ("COVID-19"). 2. While closing campus and transitioning to online classes was the right thing for Defendant to do, this decision deprived Plaintiff and the other members of the Class from recognizing the benefits of in-person instruction, access to campus facilities, student activities, and other benefits and services in exchange for which they had already paid fees and tuition. 3. Defendant has either refused to provide reimbursement for the tuition, fees and

Case 1:20-cv-03208-JMF Document 1 Filed 04/23/20 Page 2 of 18

other costs that Defendant is no longer providing, or has provided inadequate and/or arbitrary reimbursement that does not fully compensate Plaintiff and members of the Class for their loss.

4. This action seeks refunds of the amount Plaintiff and other members of the Class are owed on a pro-rata basis, together with other damages as pled herein.

PARTIES 5. Defendant Board of Trustees of Columbia University in the City of New York is an institution of higher learning located in New York City, New York. 6. Upon information and belief, Defendant has an estimated endowment of approximately $10.9 Billion.1 7. Moreover, upon information and belief, Defendant may be eligible to receive federal stimulus under the CARES Act. The CARES Act directs that approximately $14 billion dollars be distributed to colleges and universities based upon enrollment and requires that institutions must use at least half of the funds they receive to provide emergency financial aid grants to students for expenses related to the disruption of campus operations due to COVID-19. 8. Plaintiff A is an individual and a resident and citizen of a state other than New York. 9. Plaintiff is currently enrolled as a full-time student at Defendant's University. 10. Plaintiff has good reason to be concerned that his involvement in this lawsuit could be used by Defendant or others for retaliatory purposes and/or that he could be wrongfully denied admission from future programs of his choice. As such, Plaintiff brings this action as pseudonym "Student A." 11. Plaintiff has paid substantial tuition for the Spring 2020 semester either out of

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pocket or by utilizing student loan financing. 12. There are hundreds, if not thousands, of institutions of higher learning in this

country. 13. Some institutions of higher learning provide curriculum and instruction that is

offered on a remote basis through online programming which do not provide for physical attendance by the students.

14. Defendant's institution offers in-person, hands-on curriculum. 15. Plaintiff and members of the Proposed Tuition Class did not choose to attend another institution of higher learning, or to seek an online degree, but instead chose to attend Defendant's institution and enroll on an in-person basis. 16. Defendant has recognized and admitted the inherent value of in person instruction versus online instruction. 17. Defendant's institution offers certain degrees on an online basis in addition to the in-person degrees that it offers to students such as Plaintiff and members of the Tuition Class (defined in paragraph 53). 18. Defendant offers fully online degrees in the fields of Engineering and Applied Sciences, Social Work, Professional Studies, Arts and Sciences, and Business, among others. 19. Upon information and belief, a degree from Defendant's online programs carries a significantly lower tuition than the same degree earned on-campus. 20. For example, tuition for an on-campus undergraduate degree in social work is approximately $58,612 per year:2

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21. The cost of that same degree through completion of the online program is only $48,780 per year:3

22. This means that Defendant has internally valued the cost of an online degree to be approximately 17% cheaper than the same degree earned on campus.

23. Accordingly, tuition for in-person instruction at Defendant's institution necessarily covers not just the academic instruction, but encompasses an entirely different experience which includes but is not limited to:

i. Face-to-face interaction with professors, mentors, and peers; ii. Access to facilities such as computer labs, study rooms, laboratories, libraries, etc; iii. Student governance and student unions; iv. Extra-curricular activities, groups, intramurals, etc; v. Student art, cultures, and other activities; vi. Social development and independence;

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vii. Hands-on learning and experimentation; and viii. Networking and mentorship opportunities. 24. Plaintiff's education has been changed from in-person, hands-on learning to online instruction. 25. Plaintiff's online instruction is not commensurate with the same classes being taught in person. 26. In addition to tuition, Plaintiff was required to pay certain mandatory fees, including but not limited to:

a. University Facilities Fee; b. Student Activity Fee; and c. Health and Related Services Fee 27. The University states that the Facilities Fee "provides students access to the facilities at the Dodge Physical Fitness Center and Lerner Hall, and supports enhancements for the libraries and computer networks."4 28. The University states that the Student Activity Fee is "charged to all students to help cover the costs of student events, activities, and to help fund student organizations."5 29. The University states that the Health and Related Services Fee grants students "access [to] the programs and services provided through Columbia Health's five departments, including 24/7 support from Counseling & Psychological Services, Medical Services, and Sexual Violence Response."6 30. As a result of being moved off campus, Plaintiff and Members of the Fees Class

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