Coronavirus response sparks student-led class action against Liberty University

On April 13, 2020, an unnamed student filed a class action against Liberty University that seeks to recover fees for services the university failed to provide after the onset of the Covid-19 pandemic forced the school to close or suspend the vast majority of its operations.

The student brought the complaint against Liberty University anonymously out of fear that officials from the school would retaliate or harass the individual in response. Jerry Falwell Jr., the school’s president, has been the subject of condemnation for downplaying the danger the novel coronavirus posed to his students, faculty, and staff on campus. For example, the filing on Monday describes an incident when Falwell called a parent of a student a dummy for worrying about the impact of the virus on students and their families.

Despite suspending the operation of the overwhelming majority of student services, the complaint alleges that Liberty University decided to remain “open” as an illusion to justify its decision to not refund money the students paid for the semester. It goes further to allege that the university is profiting from the Covid-19 pandemic by collecting fees from students without incurring the full cost of providing the corresponding services, all the while it stands to receive upwards of $15 Million in stimulus funds, according to the class action filing.

Theories of relief such as breach of contract, unjust enrichment, and/or conversion are alleged in the action to recover a refund on behalf of a class of students who paid semester fees but were unable to enjoy the services expected upon payment. 

As The Hill reports, Liberty University said the lawsuit has no merit, noting that it was offering $1,000 in credit to students who have decided to move out of campus housing.

However, the lawsuit addresses that contention by alleging the $1,000 credit is a woefully inadequate alternative to refunding student fees, as it does not apply to non-graduating students who will not return to campus in the fall, it does not apply to students who did not live in residence halls, and it required a student to decide by March 28, 2020, a deadline that many students missed because, as the complaint alleges, Liberty University did not provide adequate time and information to make an informed decision. In any event, the credit failed to refund students for semester fees intended to cover miscellaneous campus services outside of room and board.