Case 3:20-cv-05526-MAS-ZNQ Document 20 Filed 09/08/20 Page 1 of 30 PageID: 217
`
`UNITED STATES DISTRICT COURT
`DISTRICT OF NEW JERSEY
`
`
`JODI FITTIPALDI and LEXI FITTIPALDI,
`on behalf of themselves and all others similarly
`situated,
`
`Plaintiffs,
`
`v.
`
`
`
`MONMOUTH UNIVERSITY,
`
` Defendant.
`
`
`
`
`
`
`
`
`Civil Action No. 3:20-cv-05526-
`MAS-ZNQ
`
`
`FIRST AMENDED CLASS
`ACTION COMPLAINT AND
`DEMAND FOR JURY TRIAL
`
`
`Plaintiffs Jodi Fittipaldi and Lexi Fittipaldi (“Plaintiffs”) bring this action on behalf of
`
`themselves and all others similarly situated against Defendant Monmouth University
`
`(“Monmouth” or “Defendant”). Plaintiffs make the following allegations pursuant to the
`
`investigation of their counsel and based upon information and belief, except as to the allegations
`
`specifically pertaining to themselves, which are based on personal knowledge.
`
`NATURE OF THE ACTION AND FACTS COMMON TO ALL CLAIMS
`
`1.
`
`This is a class action lawsuit on behalf of all people who paid tuition and fees for
`
`the Spring 2020 academic semester at Monmouth, and who, because of Defendant’s response to
`
`the Novel Coronavirus Disease 2019 (“COVID-19”) pandemic, lost the benefit of the education
`
`for which they paid, and/or the services for which their fees were paid, without having their
`
`tuition and fees refunded to them.
`
`2.
`
`Monmouth is a private university, with an enrollment of approximately 6,300
`
`students, which is comprised of approximately 4,600 undergraduate students and 1,700 graduate
`
`students. The university offers approximately forty-four undergraduate majors, approximately
`
`nine “Bachelor’s + Master’s” programs, and six graduate schools each offering various graduate
`
`

`

`Case 3:20-cv-05526-MAS-ZNQ Document 20 Filed 09/08/20 Page 2 of 30 PageID: 218
`
`programs.
`
`3.
`
`On March 9, 2020, Monmouth, via letter from University President Dr. Patrick F.
`
`Leahy, announced that because of the global COVID-19 pandemic, all in-person, “hybrid,” and
`
`online classes would be suspended through the end of the week leading into spring break.1
`
`4.
`
`On March 12, 2020, Monmouth, via letter from Dr. Leahy, advised that it “made
`
`the decision to move to remote instruction and learning from March 23 through April 3.”2
`
`Students were instructed to vacate residence halls until April 3.
`
`5.
`
`On March 17, 2020, Monmouth announced it was extending remote learning an
`
`additional week to April 10, 2020.3
`
`6.
`
`On March 24, 2020, Monmouth announced that it would be continuing remote
`
`instruction and learning for the duration of the spring semester.4
`
`7.
`
`Since March 9, 2020, Monmouth has not held any in-person classes. Classes that
`
`have continued have only been offered in an online format, with no in-person instruction.
`
`8.
`
`Despite sending students home, transitioning to online instruction, and closing its
`
`campus, Monmouth continued to charge full tuition and fees for the Spring 2020 semester as if
`
`nothing had changed, continuing to reap the financial benefit of millions of dollars from students.
`
`Monmouth did so despite students’ complete inability to continue school as normal, occupy
`
`campus buildings and dormitories, or avail themselves of school programs and events. So while
`
`students enrolled and paid Defendant for a comprehensive academic experience, Defendant
`
`instead offered Plaintiffs and Class Members something far less; a limited online experience
`
`
`1 https://www.monmouth.edu/covid-19/march-9-2020-classes-cancelled/ (last visited 5/4/20).
`2 https://www.monmouth.edu/covid-19/march-12-2020/ (last visited 5/4/20).
`3 https://www.monmouth.edu/covid-19/march-17-2020/ (last visited 5/4/20).
`4 https://www.monmouth.edu/covid-19/march-24-2020/ (last visited 5/4/20).
`
`2
`
`

`

`Case 3:20-cv-05526-MAS-ZNQ Document 20 Filed 09/08/20 Page 3 of 30 PageID: 219
`
`presented by Google or Zoom, void of face-to-face faculty and peer interaction, separated from
`
`program resources, and barred from facilities vital to study. Students have been deprived of the
`
`opportunity for collaborative learning and in-person dialogue, feedback, and critique. Plaintiffs,
`
`students and Class Members did not bargain for such an experience.
`
`9.
`
`The online courses that Monmouth now provides as a replacement are neither the
`
`same service as in-person courses and educational experiences, nor are they of equivalent value.
`
`Research studies also reflect the lesser value of online instruction. Among other consequences,
`
`students enrolled in online college courses receive lower grades not only in those courses, but in
`
`courses during subsequent semesters as well. Students at Monmouth also rely on in-person
`
`discussion sessions and tutoring, among other things, to which they no longer have the same
`
`access.
`
`10.
`
`Professors and university representatives from other universities have recognized
`
`that online-only instruction is inferior to in-person instruction. For example, Scott Galloway,
`
`who teaches marketing at NYU Stern School of Business, concedes:5
`
`At universities, we’re having constant meetings, and we’ve all
`adopted this narrative of “This is unprecedented, and we’re in this
`together,” which is Latin for “We’re not lowering our prices,
`b*****s.” Universities are still in a period of consensual
`hallucination with each saying, “We’re going to maintain these
`prices for what has become, overnight, a dramatically less
`compelling product offering.”
`
`11.
`
` Galloway continued:
`
`In fact, the coronavirus is forcing people to take a hard look at that
`$51,000 tuition they’re spending. Even wealthy people just can’t
`swallow the jagged pill of tuition if it doesn’t involve getting to send
`their kids away for four years. It’s like, “Wait, my kid’s going to be
`home most of the year? Staring at a computer screen?” There’s this
`
`5 James D. Walsh, “The Coming Disruption,” New York Magazine, May 11, 2020, available at
`https://nymag.com/intelligencer/2020/05/scott-galloway-future-of-college.html (site last visited
`July 1, 2020).
`
`3
`
`

`

`Case 3:20-cv-05526-MAS-ZNQ Document 20 Filed 09/08/20 Page 4 of 30 PageID: 220
`
`horrific awakening being delivered via Zoom of just how
`substandard and overpriced education is at every level. I can’t tell
`you the number of people who have asked me, “Should my kid
`consider taking a gap year?”6
`
`Other professors agree students have suffered a loss with the transition to online
`
`12.
`
`classes. As a professor from another university commented, “. . . [students] had already rejected
`
`online education when they chose a traditional campus experience.”7
`
`13.
`
`Defendant breached its contract with Plaintiffs and Class Members because
`
`Plaintiffs specifically chose to enroll in in-person courses at Monmouth. Monmouth maintains
`
`an online portal, MyMU, which allows students and parents to review course information and
`
`register for classes. Defendant’s representations on the portal constitute a contract between
`
`Plaintiffs and Monmouth. Defendant specifically stated, via the online portal, that the courses in
`
`which Lexi Fittipaldi enrolled would be held in person, and specified a particular room on
`
`campus where the course would be held. Monmouth breached that contract when it ceased
`
`offering in person classes on or around March 9, 2020.
`
`14.
`
`Defendant breached its contract with Plaintiffs and Class Members because
`
`Plaintiffs specifically chose to enroll in in-person courses at Monmouth. Plaintiffs reviewed the
`
`details of the Spring Semester 2020 courses on Monmouth’s online platform and course-
`
`registration portal, which represents a contract between Plaintiff and Monmouth. The online
`
`course-registration portal specifically stated that the courses in which Lexi Fittipaldi enrolled
`
`would be held in person, and specified a particular room on campus where the course would be
`
`held. Monmouth breached that contract when it ceased offering in person classes on or around
`
`
`
`6 Id.
`7 https://www.washingtonpost.com/education/2020/04/04/these-washington-university-faculty-
`had-rejected-online-classes-until-coronavirus-heres-how-they-made-switch/.
`
`
`4
`
`

`

`Case 3:20-cv-05526-MAS-ZNQ Document 20 Filed 09/08/20 Page 5 of 30 PageID: 221
`
`March 9, 2020.
`
`15.
`
`Plaintiffs and the putative class are therefore entitled to a refund of tuition and
`
`fees for in-person educational services, facilities, access and/or opportunities that Defendant has
`
`not provided. Monmouth is profiting from COVID-19 while further burdening students and their
`
`families—many of whom have been laid off, become ill, lost loved ones, or are otherwise
`
`already bearing the brunt of the COVID-19 pandemic. The result is an enormous windfall to
`
`Monmouth. Both contract and equity demand that Monmouth disgorge its ill-gotten funds.
`
`16.
`
`Defendant’s actions have financially damaged Plaintiffs and Class Members.
`
`Plaintiffs bring this action because Plaintiffs and Class Members did not receive the full value of
`
`the access, programs, and services for which they paid, including the benefits of in-person
`
`instruction and the on-campus experience. They have lost the benefit of their bargain and/or
`
`suffered out-of-pocket losses while Defendant retains the complete sums of Plaintiffs’ and the
`
`Class’s payments. They are entitled to recover compensatory damages, attorneys’ fees and costs.
`
`Accordingly, Plaintiffs bring this action to recover payments for pro-rated tuition, fees, access,
`
`programs, and services for which Monmouth was paid, but failed to deliver.
`
`
`
`Plaintiff
`
`PARTIES
`
`17.
`
`Plaintiff Jodi Fittipaldi is a citizen of New Jersey who resides in Egg Harbor
`
`Township, New Jersey. Ms. Fittipaldi’s daughter, Lexi Fittipaldi, is an undergraduate student at
`
`Monmouth, majoring in Cybersecurity. Ms. Fittipaldi’s daughter is registered for 18 credits for
`
`the Spring 2020 semester. The total Spring 2020 semester tuition for Ms. Fittipaldi’s daughter
`
`was approximately $19,796. Ms. Fittipaldi paid approximately $12,585 in cash and the balance
`
`5
`
`

`

`Case 3:20-cv-05526-MAS-ZNQ Document 20 Filed 09/08/20 Page 6 of 30 PageID: 222
`
`of approximately $7,211 in loans. Ms. Fittipaldi paid other fees to Defendant for her daughter’s
`
`Spring 2020 semester. The Cybersecurity program at Monmouth relies extensively on in-person
`
`instruction, meaningful student presentations, peer collaboration, and access to university
`
`facilities. None of these resources are available to Ms. Fittipaldi’s daughter while in-person
`
`classes are suspended. Monmouth has not provided a refund of tuition despite the fact that in-
`
`person classes have not been held since March 9, 2020.
`
`18.
`
`Plaintiff Lexi Fittipaldi is a citizen of New Jersey who resides in Egg Harbor
`
`Township, New Jersey. Lexi Fittipaldi is an undergraduate student at Monmouth, majoring in
`
`Cybersecurity, registered for 18 credits for the Spring 2020 semester. The loaned portion of the
`
`Spring 2020 tuition, totaling $7,211, were loans in Lexi Fittipaldi’s name. As such, she will be
`
`obligated to pay a principal balance plus interest for the Spring 2020 semester wherein she was
`
`deprived of the in-person education that she bargained for. Plaintiff Lexi Fittipaldi’s Spring
`
`2020 courses, and the Cybersecurity major generally, rely extensively on in-person instruction,
`
`meaningful student presentations, peer collaboration, and access to university facilities. None of
`
`these resources are available to Ms. Fittipaldi while in-person classes are suspended. Monmouth
`
`has not provided a refund of tuition despite the fact that in-person classes have not been held
`
`since March 9, 2020.
`
`19.
`
`Plaintiff Jodi Fittipaldi enrolled her daughter, and Lexi Fittipaldi chose to enroll,
`
`at Monmouth to obtain the full experience of live, in-person courses and direct interactions with
`
`instructors and students. While Monmouth offers some online programs, Plaintiffs purposefully
`
`did not apply to those programs and instead specifically selected an on-campus experience for
`
`the variety of educational and extracurricular opportunities and benefits that only an in-person
`
`program can provide.
`
`6
`
`

`

`Case 3:20-cv-05526-MAS-ZNQ Document 20 Filed 09/08/20 Page 7 of 30 PageID: 223
`
`20.
`
`Prior to beginning the Spring 2020 semester, and prior to paying tuition and fees,
`
`Plaintiffs consulted Monmouth’s online portal listing available classes, and enrolled in courses
`
`for the Spring 2020 semester. In consulting the listings on Monmouth’s online portal, Plaintiffs
`
`understood and believed that the courses in which Lexi Fittipaldi enrolled were to be taught in-
`
`person and on campus. Plaintiffs’ understanding and belief was based on the course specifying
`
`an on-campus location where the course would be taught, as well as that the courses were
`
`specified to be in-person, and not online. Thus, the in-person nature of the courses was part of
`
`the benefit of the bargain, and Plaintiffs would not have paid as much, if any, tuition and fees for
`
`the Spring 2020 semester at Monmouth had they known that the courses would not, in fact, be
`
`taught in-person.
`
`21.
`
`Plaintiffs thus contracted for and paid Defendant for on-campus instruction,
`
`opportunities, facilities, and services for the Spring 2020 semester.
`
`Defendant
`
`22.
`
`Defendant Monmouth University is a private institution of higher learning with its
`
`principal place of business located at 400 Cedar Avenue, West Long Branch, New Jersey 07764.
`
`JURISDICTION AND VENUE
`
`23.
`
`The Court has jurisdiction over this action pursuant to 28 U.S.C. § 1332(d)(2)(A),
`
`as modified by the Class Action Fairness Act of 2005, because at least one member of the Class,
`
`as defined below, is a citizen of a different state than Defendant, there are more than 100
`
`members of the Class, and the aggregate amount in controversy exceeds $5,000,000 exclusive of
`
`interest and costs.
`
`24.
`
`This Court has personal jurisdiction over Defendant because Defendant is
`
`incorporated and has its principal place of business in this District, and because many of the acts and
`
`transactions giving rise to this action occurred in this District.
`
`7
`
`

`

`Case 3:20-cv-05526-MAS-ZNQ Document 20 Filed 09/08/20 Page 8 of 30 PageID: 224
`
`25.
`
`Venue is proper in this Court pursuant to 28 U.S.C. § 1391 because Defendant is
`
`incorporated and has its principal place of business in this District, and because Plaintiff resides in
`
`this District.
`
`Monmouth’s Finances
`
`FACTUAL ALLEGATIONS
`
`26.
`
`As of June 30, 2019, Monmouth’s endowment fund was $100,097,000.8
`
`Monmouth reported assets exceeding $412 million in total as of June 30, 2019.9 A sizable
`
`portion of Monmouth’s revenue and assets come from the tuition and fees that students, or
`
`parents of students, pay. For the 2019-2020 academic year, undergraduate tuition at Monmouth
`
`was approximately $39,592 plus fees.10 Graduate tuition is approximately $1,233 per credit, plus
`
`fees.11
`
`27.
`
`As of June 30, 2019, Monmouth collected over $140 million in tuition and fees
`
`(net of financial aid awards).12 Monmouth reported total operating revenue of over $189 million
`
`in 2019.
`
`Monmouth’s Marketing
`
`28. Many schools nationwide offer and highlight remote learning capabilities as a
`
`primary component of their efforts to deliver educational value, such as Western Governors
`
`University, Southern New Hampshire University, University of Phoenix-Arizona, and myriad
`
`public institutions. Monmouth is not such a school.
`
`
`8 https://www.monmouth.edu/about/quick-facts/ (last visited 9/3/20).
`9 https://www.monmouth.edu/division-of-finance/documents/2019-audited-financial-statements.pdf/ (last visited
`9/3/20).
`10 https://www.monmouth.edu/finaid/tuition-and-fees/ (last visited 5/4/20).
`11 https://www.monmouth.edu/finaid/tuition-and-fees/graduate/ (last visited 5/4/20).
`12 https://www.monmouth.edu/division-of-finance/documents/2019-audited-financial-
`statements.pdf/ (last visited 9/3/20)
`
`8
`
`

`

`Case 3:20-cv-05526-MAS-ZNQ Document 20 Filed 09/08/20 Page 9 of 30 PageID: 225
`
`29.
`
`Rather, a significant focus of Defendant’s efforts to obtain and recruit students
`
`pertains to the campus experience it offers, along with face-to-face, personal interaction with
`
`skilled and renowned faculty and staff. Through its website and other literature, Monmouth sells
`
`on-campus instruction, the on-campus experience, and its proximity to major cities such as New
`
`York City and Philadelphia as key reasons that a student should choose to attend Monmouth.
`
`This is true across Monmouth’s degree offerings and disciplines. Indeed, under the “Why
`
`Monmouth, Why Now” tab of Defendant’s webpage, Defendant highlights the in-person
`
`experience, campus resources, access to faculty, and proximity to cities as the main reason to
`
`attend Monmouth:
`
`At Monmouth University, everyone and everything is on the rise.
`Working closely with distinguished faculty, students are getting the
`attention and support they need to prepare for the road ahead. In fact,
`this strong, personalized education continues to lead students to
`successful careers and further academic pursuits.
`
`That’s part of why every year students choose Monmouth from a
`variety of top private universities and east coast universities.
`Monmouth attracts students from around
`the U.S. with a
`concentration in the northeast. Our diverse student body consists of
`approximately 6,000 students – 4,450 undergrads and 1,500 grads.
`We’re
`large
`enough
`to have dozens of majors
`and
`degree programs and a breadth of student resources, yet we’re still
`small enough to boast low faculty-to-student ratios.
`
`Our recent distinctions and accolades highlight how the university
`is enhancing its academic reputation. From athletics to clubs,
`fraternity and sorority life, to social gatherings and multicultural
`activities, Monmouth University has staked a place among the top
`private universities.
`
`Even our campus is evolving. With new academic buildings and
`residence halls, Monmouth provides new students with a rewarding
`and meaningful college experience.
`
`[. . .]
`
`Come visit our 170-acre campus, and you’ll quickly feel our warm,
`friendly atmosphere and experience our historic architecture
`mingled among new academic buildings and residence halls. Given
`Monmouth’s coastal location and its proximity to cities like New
`
`9
`
`

`

`Case 3:20-cv-05526-MAS-ZNQ Document 20 Filed 09/08/20 Page 10 of 30 PageID: 226
`
`York and Philadelphia, students enjoy easy access to many cultural
`and recreational opportunities.
`
`An in-person visit is the best way to get to know our school,
`experience the positive energy and enthusiasm of our students, and
`learn firsthand why Monmouth University could be the perfect fit
`for you.
`
`30.
`
`Indeed, almost all of the benefits listed above, which students paid for, were
`
`stripped away from them as a result of Defendant’s closure of its campus and move to online-
`
`only instruction.
`
`31.
`
`Another section of Defendant’s website is entitled “Location is Everything,” and
`
`advertises to prospective students the unique nature of Monmouth’s campus, and associated
`
`internship opportunities, as a benefit of enrollment:
`
`Monmouth University’s location offers the best of both worlds.
`Less than one mile from the Atlantic Ocean and only one hour
`from New York City and Philadelphia, there is no lack of cultural
`and recreational opportunities – but it’s also a location that directly
`impacts and enhances learning experiences every day.
`
`• Vibrant learning. Discover more than clear ocean waters at
`the beach through the Urban Coast Institute, a major in Marine
`and Environmental Biology and Policy, internships with the
`New Jersey Division of Fish and Wildlife, or our Sailing Club.
`Monmouth is the eastern seaboard’s first GRAMMY Museum
`affiliate.
`
`• Historic campus. The Great Hall at Shadow Lawn is a
`National Historic Landmark. Walt Withey Chapel was
`imported from Europe and was once part of a 16th century
`Tudor Abbey. Guggenheim Cottage, a wing of the library, is
`listed in the National Register of Historic Places. At
`Monmouth, you learn in an environment that’s as historic as it
`is cutting edge.
`
`• Big city life. New York City. Philadelphia. Some of the most
`energizing and exciting cities in the world, just a short ride
`from campus. Group excursions and class trips to theaters.
`Fortune 500 companies, Federal Bureau of Investigation, Fox
`News – and internship opportunities at the Penn Museum of
`Archaeology and Anthropology, JPMorgan Chase, MTV, or
`the Philadelphia Zoo are all convenient to Monmouth.
`
`10
`
`

`

`Case 3:20-cv-05526-MAS-ZNQ Document 20 Filed 09/08/20 Page 11 of 30 PageID: 227
`
`• Crossroads of culture. Closer to campus than the big cities are
`intimate, unique cultural experiences. Asbury Park’s legendary
`music scene and growing LGBT community. Red Bank’s
`theater and dining hub. Long Branch’s redeveloped, eye-
`catching waterfront with recreational and upscale shopping
`offerings – all are just outside Monmouth’s gates.
`
`• Stunning location. Leaders arise from Monmouth’s 168-acre
`campus full of wide green lawns and historic yet state-of-the-
`art facilities. Beyond the gates, the sun-splashed beaches of the
`Jersey Shore are waiting – and West Long Branch, a city of
`about 10,000 people, has the shops and restaurants that make
`this the perfect place to learn and live.
`
`At Monmouth, the possibilities are endless. And our location can
`lead you to opportunities anywhere in the world.13
`
`32.
`
`Students were deprived the benefit of these on-campus resources and internship
`
`opportunities when instruction was moved from in person to remote instruction.
`
`33.
`
`To obtain such in-person educational opportunities and activities, Plaintiffs and
`
`Class Members pay, in whole or in part, significant tuition and fees.
`
`34.
`
`Indeed, it is the campus resources, class sizes and access to faculty that drives the
`
`significant tuition charged by Monmouth. If Plaintiffs and Class members knew they would be
`
`deprived of these resources and would be relegated to online-only courses, they would have paid
`
`substantially less tuition.
`
`Monmouth Offers Distinct Online and In-Person Programs
`
`35.
`
`Upon information and belief, Monmouth’s website and recruitment brochures are
`
`the primary means through which it targets prospective students and persuades them to apply for
`
`admission to and subsequent enrollment at Monmouth, as opposed to any other institution of
`
`higher learning.
`
`36.
`
`Defendant’s online programs are very limited and pale in comparison to its in-
`
`
`13 https://www.monmouth.edu/about/our-campus-and-location/ (last visited 9/3/20).
`
`11
`
`

`

`Case 3:20-cv-05526-MAS-ZNQ Document 20 Filed 09/08/20 Page 12 of 30 PageID: 228
`
`person offerings. Indeed, Defendant offers three graduate level degrees “primarily online.”14
`
`Defendant also offers miscellaneous classes in an online format, but not formal degree programs.
`
`37.
`
`Defendant juxtaposes the online experience against the in-person experience on
`
`its website and in marketing materials, clearly distinguishing the two services.
`
`38.
`
`Students in many of the on-campus schools and programs are subject to strict
`
`personal attendance requirements, as set forth in various departmental policies and handbooks.
`
`Defendant requires, and students accept, that students in the on-campus schools must physically
`
`attend their classes on campus. Indeed, Monmouth’s attendance policy states:
`
`Monmouth University believes that attendance is essential to
`success in academic courses. Therefore, class attendance is required.
`The University believes that learning is an interactive process
`dependent in part on the student and is not just a matter of the
`passive absorption of information. The University also believes that
`to benefit fully from their respective courses, students need to
`participate in, and contribute constructively to, the classroom
`experience, and, secondly, that the success of any course depends as
`much on what students contribute to the class as on what the
`instructor presents.15
`
`Indeed, Monmouth itself recognizes that remote learning options are not the
`
`39.
`
`equivalent to an in-person experience. Summer courses at Monmouth were offered remotely,16
`
`and Monmouth reduced the cost per credit due to the remote instruction by 15%.17 While
`
`Plaintiffs contend that the true value of the online-only education provided by Defendant is
`
`worth substantially less than a mere 15% discount, the fact that Defendant reduced the price of
`
`
`14 https://www.monmouth.edu/learning-at-monmouth/online-learning/ (last visited 9/3/20).
`15 https://catalog.monmouth.edu/undergraduate-catalog/academic-programs-support-services-
`regulations/academic-regulations/#:~:text=following%20academic%20dismissal.-
`,Attendance,Therefore%2C%20class%20attendance%20is%20required.&text=Students%20are%
`20not%20permitted%20to,the%20Office%20of%20the%20Registrar). (last visited 9/3/20).
`16 https://www.monmouth.edu/covid-19/april-6-2020-students/ (last visited 9/3/20).
`17 https://www.monmouth.edu/summer/ (last visited 9/3/20).
`
`12
`
`

`

`Case 3:20-cv-05526-MAS-ZNQ Document 20 Filed 09/08/20 Page 13 of 30 PageID: 229
`
`online-only summer session courses demonstrates Defendant’s own belief that the online-only
`
`courses are worth less than in-person courses.
`
`The Cost of Attending Monmouth
`
`40.
`
`As indicated above, undergraduate tuition at Monmouth was approximately
`
`$39,592 plus fees for the 2019-2020 academic year. Monmouth justifies this high tuition based
`
`on its advertised educational experience, programs, access to facilities, and services .
`
`41.
`
`Plaintiffs and Class members paid the cost of tuition for the Spring 2020 semester.
`
`They also paid other mandatory fees associated with the Spring 2020 semester.
`
`42.
`
`There are other additional fees paid by Monmouth students that are directly
`
`related to on-campus experiences and services. This includes a $356 “Comprehensive Fee”
`
`which “includes services provided by the Student Center, Student Activities, Health Center,
`
`Intercollegiate and Intramural Athletics, Placement, Counseling, and Registration.”18 Plaintiffs
`
`and Class members lost the benefit of the Comprehensive Fee and others when Defendant ceased
`
`in person classes and closed its campus.
`
`43.
`
`Such charges for study are significantly higher than online-only programs.
`
`44. Moreover, the American Council on Education, a membership organization of
`
`more than 1,700 colleges and universities, confirms the importance of in-person experiences,
`
`which students and families bargain for, over online classes.19 As noted in a May 28, 2020 letter
`
`to certain members of Congress: “Encouraging, enabling, and supporting the safe reopening of
`
`college and university campuses for in-person learning is essential to educating our nation’s
`
`future workforce, preserving employment for millions, and helping restart America’s
`
`
`18 https://www.monmouth.edu/tuition/undergraduate/ (last visited 9/3/20).
`19 https://www.acenet.edu/About/Pages/default.aspx.
`
`13
`
`

`

`Case 3:20-cv-05526-MAS-ZNQ Document 20 Filed 09/08/20 Page 14 of 30 PageID: 230
`
`economy.”20
`
`Monmouth Changes its Educational Offerings
`
`45.
`
`Courses for the Spring 2020 semester began on or about January 21, 2020 and the
`
`semester is scheduled to end on May 5, 2020.
`
`46.
`
`On December 31, 2019, governmental entities in Wuhan, China confirmed that
`
`health authorities were treating dozens of cases of a mysterious, pneumonia-like illness. Days
`
`later, researchers in China identified a new virus that had infected dozens of people in Asia,
`
`subsequently identified and referred to as the novel coronavirus, or COVID-19.
`
`47.
`
`By January 21, 2020, officials in the United States were confirming the first
`
`known domestic infections of COVID-19.
`
`48.
`
`Due to an influx of thousands of new cases in China, on January 30, 2020, the
`
`World Health Organization officially declared COVID-19 a “public health emergency of
`
`international concern.”
`
`49.
`
`By March 11, 2020, the World Health Organization declared COVID-19 a
`
`pandemic.
`
`50.
`
`On March 9, 2020, Monmouth, via letter from University President Dr. Patrick F.
`
`Leahy, announced that because of the global COVID-19 pandemic, all in-person, “hybrid,” and
`
`online classes would be suspended through the end of the week leading into spring break.21
`
`51.
`
`On March 12, 2020, Monmouth, via letter from Dr. Leahy, advised that it “made
`
`the decision to move to remote instruction and learning from March 23 through April 3.”22
`
`
`20 https://www.acenet.edu/Documents/Letter-Congress-pandemic-liability-052820.pdf (emphasis
`added).
`21 https://www.monmouth.edu/covid-19/march-9-2020-classes-cancelled/ (last visited 5/4/20).
`22 https://www.monmouth.edu/covid-19/march-12-2020/ (last visited 5/4/20).
`
`14
`
`

`

`Case 3:20-cv-05526-MAS-ZNQ Document 20 Filed 09/08/20 Page 15 of 30 PageID: 231
`
`Students were instructed to vacate residence halls until April 3.
`
`52.
`
`On March 17, 2020, Monmouth announced it was extending remote learning an
`
`additional week to April 10, 2020.23
`
`53.
`
`On March 24, 2020, Monmouth announced that it would be continuing remote
`
`instruction and learning for the duration of the spring semester.24
`
`54.
`
`Since March 9, 2020, Monmouth has not held any in-person classes. Classes that
`
`have continued have only been offered in an online format, with no in-person instruction. Even
`
`classes for students with concentrations in areas where in-person instruction is especially crucial
`
`have only had access to minimum online education options.
`
`55.
`
`As a result of the closure of Defendant’s facilities, Defendant has not delivered
`
`the educational services, facilities, access and/or opportunities that Plaintiff and the putative class
`
`contracted and paid for. Such closures and cancellations present significant loss to Plaintiff and
`
`the Class Members. Plaintiff and the putative class are therefore entitled to a refund of tuition
`
`and fees for services, facilities, access and/or opportunities that Defendant has not provided.
`
`56.
`
`Plaintiffs and members of the Class did not choose to attend an online institution
`
`of higher learning, but instead chose to attend Defendant’s institution and enroll on an in-person
`
`basis.
`
`57. Monmouth did not provide the in-person education putative class members
`
`contracted and paid for. The tuition and fees for in-person instruction at Monmouth are higher
`
`than tuition and fees for other online institutions because such costs cover not just the academic
`
`instruction, but encompass an entirely different experience which includes but is not limited to:
`
`
`23 https://www.monmouth.edu/covid-19/march-17-2020/ (last visited 5/4/20).
`24 https://www.monmouth.edu/covid-19/march-24-2020/ (last visited 5/4/20).
`
`15
`
`

`

`Case 3:20-cv-05526-MAS-ZNQ Document 20 Filed 09/08/20 Page 16 of 30 PageID: 232
`
`• Face-to-face interaction with professors, mentors, and peers;
`
`• Access to facilities such as libraries, laboratories, computer labs, and
`study rooms;
`
`• Student governance and student unions;
`
`• Extra-curricular activities, groups, intramural sports, etc.;
`
`• Student art, cultures, and other activities;
`
`• Social development and independence;
`
`• Hands on learning and experimentation;
`
`• Networking and mentorship opportunities.
`
`58.
`
`Prior to the Spring 2020 semester, Defendant did not offer a full-time online
`
`undergraduate option. Instead, Defendant administered only a limited number of online
`
`undergraduate courses and graduate programs. These virtual programs were designed, from their
`
`inception, to be taught and delivered online. By offering such limited courses and programs
`
`online, Defendant acknowledged that virtual education is a unique format and, moreover, that
`
`Defendant was not prepared to deliver the breadth of programs and degrees it offers on-campus
`
`in a virtual format.
`
`59.
`
`The remote, online learning “classes” offered to Spring 2020 students from March
`
`forward deprive students of in-person learning from their peers and school faculty. The move to
`
`these remote classes also deprived students of access to the facilities, materials, and opportunities
`
`only offered on Monmouth’s physical (as opposed to virtual) campus, including l