Cornell University agrees to pay $3m settlement for virtual learning during the pandemic

‘The University and Plaintiffs have agreed that the University will pay $3,000,000 into a Settlement Fund to resolve the Action,’ a notice read

A Cornell University student walks along the campus in Ithaca, N.Y., on Dec. 16, 2021 (AP)

Cornell University is settling a class-action suit brought by students enrolled at the university when it transitioned to virtual instruction amid the Covid-19 pandemic.

The suit was initially filed by Alec Faber in April 2020. Mr Faber was enrolled at Cornell in the spring 2020 semester, when the campus went into lockdown. He accused the Ivy League school of breaching its contract and of unjust enrichment as a result of its decision to shut down some of its services and switch to virtual instruction.

Now, it seems as though Cornell might reach a settlement. A short form notice published in the Cornell Chronicle was seeking students who might be “eligible to receive a payment as part of a proposed Settlement.”

“The University denies any breach of contract and denies all other allegations of wrongdoing, and there has been no finding of liability in any court, the notice said. “However, considering the interests of both the University and its students in prompt resolution of the matter, the University and Plaintiffs have agreed that the University will pay $3,000,000 into a Settlement Fund to resolve the Action.”

The notice outlined the settlement eligibility requirements as being “enrolled in a degree-bearing Cornell program for the Spring 2020 semester” (which was not intended to be executed virtually) and did not withdraw from the school on or before 1 March, 2020.

The 24 August filing says that the university has 24,000 enrolled students. That means that if the agreement is approved and all of the eligible students participate in the settlement, each student could receive $125.

The suit accused the university of breaching its contract by not providing in-person instruction in exchange for accepting tuition.

The school also breached its contract, the suit alleged, when it “deprived of the value of the benefits and services the fees were intended to cover,” like access to dining facilities, athletics, wellness centers, and libraries.

The suit also accused Cornell of unjust enrichment.

The “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,” the complaint states.

This case could serve as a watershed, as many universities across the US entered into some kind of virtual learning alternative as Covid-19 rampaged the country.

According to a June 2021 press release from the National Center for Education Statistics, 84 per cent of US undergrads had some or all of their classes moved to online-only instruction during spring 2020. “Another 27 per cent of undergraduates reported receiving a tuition refund from their institution and 38 per cent received a room-and-board refund in the first academic semester of the pandemic,” the release stated.

In a statement to The Independent, Joel M Malina, Vice President for University Relations said: “Cornell is pleased to have reached this settlement, which both sides believe is in the best interests of all parties.”