Nature of the Case
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Facts
P and class members paid approximately $28,940 for undergraduate tuition and approximately $218 in student activity fees to attend D during the Spring 2020 semester, which started on February 10, 2020, and ended on May 19, 2020. P claims that he entered into a contractual agreement in which he agreed to pay tuition and fees in exchange for on-campus, in-person education and other related services. P states that the terms of his agreement are set forth in D's publications and marketing materials which P received throughout the application, admission, enrollment, registration, and payment process. P maintains that he made payments to D based on these alleged promises in lieu of attending a different university or enrolling in an online-only university. (Like all on-campus programs D played up the person-to-person environment and interaction with people and the social atmosphere to be presented and laid it on thick.) D marketed its on-campus experience as a benefit to students, stating: 'Our vibrant residential community, remarkable facilities, and the diversity of our co-curricular activities and support services all exist primarily to serve these educational purposes,' and that 'as a residential undergraduate college, Middlebury recognizes that education takes place both within and beyond the classroom.' Since March 2020 and throughout the Wu-Han pandemic, D made public announcements regarding its educational services. D did not hold any in-person classes after March 13, 2020. D offered all classes in a remote online format with no in-person instruction or interaction. Some students 'have demanded the return of the prorated portion of tuition, and have taken to an online petition to demand the same.' D has not provided a reimbursement or refund of tuition. There is no doubt that the online offerings were materially different as compared to what the prior educational experience afforded. P has been denied access to facilities such as libraries, laboratories, computer labs, recitations, and study rooms which P alleges 'are integral to a college education.' P has been denied access to activities offered by campus life which 'foster intellectual and academic development and independence, and networking for future careers.' Access to College health and wellness facilities, programs or services; fitness facilities; student events or sports; and an in-person commencement were all canceled.' P sued for a prorated refund of the tuition and mandatory fee paid for the Spring 2020 semester. D moved to dismiss.
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