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Syracuse University is defendant to a class action lawsuit on behalf of all those who paid tuition and fees for the spring 2020 semester.

The class action complaint, which was filed on Dec. 9, 2021, claims students lost the benefit of the on-campus education they paid for as a result of the university’s response to the pandemic. The lawsuit names Shelby Poston, a student at SU during the spring 2020 semester, as the lead plaintiff, but was filed on behalf of all students who have not been refunded for the interrupted semester.

If Poston’s class action is certified, the complaint estimated tens of thousands of those who paid tuition for the semester could join as plaintiffs.

The complaint argued the plaintiffs entered into a contract with SU that was breached when the university moved classes online in response to the pandemic, and said the university should return a “pro-rated portion” of any tuition paid toward the semester.

On March 10, 2020, SU announced all academic programs would be moved online until at least March 30. SU then suspended all on-campus classes for the rest of the semester on March 16, 2020, hours after Onondaga County confirmed its first COVID-19 cases.

On March 23, SU announced that students who had to move out of university housing because of COVID-19 could apply for reimbursements of their housing and meal plan payments. But the university has not refunded any tuition or fees from the spring 2020 semester, the lawsuit says.

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As a result of SU’s decision to close their facilities, the lawsuit claims, the plaintiffs in the class did not have access to the educational services, facilities or opportunities for which they paid.

The lawsuit also claims the online learning options offered to SU students were not as effective as in-person methods “in practically every aspect” due to the lack of facilities, materials and access to faculty.

The complaint claimed that SU viewed their in-person and on-campus programs as separate products from its online programs. Since SU has a separate website through which students can apply for online programs, the university intended it was a distinct product, the complaint argues.

Going into the spring 2020 semester, Poston had an expectation that all courses she enrolled in would be taught in person, due in part to SU’s course catalog listing all her classes as being taught in a physical location on campus. Poston paid SU approximately $26,105 in tuition for the 2020-21 academic year and over $600 in fees, the complaint says.

Though Poston lives in Pottstown, Pennsylvania, the class action was filed in Onondaga County because of SU’s location.

On Dec. 30, 2021, SU filed a notice of removal, requesting the case be heard in the U.S. District Court for the Northern District of New York. SU cited various reasons for the removal in their notice, including the diverse citizenship of the plaintiffs, the fact that the amount in controversy exceeded $5 million and the size of the class.

Sarah Scalese, the senior associate vice president for university communications at SU, did not comment directly on the lawsuit but offered a statement to The Daily Orange.

“We recognize the uncertainty and unique stressors created by the pandemic. Syracuse University remains committed to supporting our students in their academic and related endeavors, and did so when the COVID-19 pandemic forced it (like almost every other institution in the country) to transition to online learning,” Scalese’s statement said.

“Despite the shift to online learning during the spring 2020 semester, the University ensured that our students continued to make progress toward their degree by taking online classes and receiving enriching, credit-bearing learning experiences and other activities.”

The lawsuit was filed by John Cherundolo, a Syracuse attorney and SU alumnus who played on SU’s football team in the 1960s.

Three similar lawsuits that also sought refunds for the interrupted semester have been filed since SU moved classes online in 2020, naming SU students as plaintiffs.

The first was filed on May 1, 2020, in federal court by Jonathan Yin, an undergraduate student studying information management technology. Yin later withdrew the lawsuit. A second lawsuit was filed on July 26, 2020, by Julian Minichelli, a senior at the time.

Another lawsuit was filed in December 2020 by Cherundolo, but was dismissed by Senior U.S. District Court Judge Thomas McAvoy. Stuart and Stacey Meissner, the parents of an SU student, were listed as lead plaintiffs in the case. McAvoy ruled the Meissners’ daughter had signed the contract with the school, and the parents therefore had no standing to sue even though they had paid her tuition.

Published on January 30, 2022 at 11:24 pm

Contact Richard: rcperrin@syr.edu | @richardperrins2